Kern County Grand Jury initial response to KVHD investigation needs more answers...

Thank you for your immediate response Kern County Grand Jury

After my Labor Day weekend turned laborious as I received a very unpleasant letter from a Kern Valley Healthcare District board member accusing me again of starting a Kern County Grand Jury investigation which included himself it seems.

I knew, as I explained in the post below http://kernvalleyhospital.blogspot.com/2010/09/kern-county-grand-jury-kvhd-ceo-says.html I didn't file a grand jury report this year, in fact as I explain in the other post, I was being dissuaded from it by a gentleman with the Grand Jury.

The tale of two phone calls

In June of this year after obtaining some materials which I believed to be criminal in nature, I contacted the Kern County Grand Jury as my father had sat on a grand jury so I had some idea that I would be bringing my information to my peers for their own assessment.

The first phone call was a boon as the gentleman who answered, called himself "John" told me all about how to present a case before the jurors and gave me phone numbers for other agencies as many of the issues cross over to other "oversight" agencies. I was delighted by his response and he actually asked me if there was any bullying going on and if I felt safe.

Seemed very productive and then I got to work reading about white collar crime and sorting through the boxes of paperwork I had collected over the past four years. I told him I would come down to Bakersfield to meet up that next week.

Darn it if I realized I could not possibly put all of this material together, which includes audio and video, (hours and hours of it) in a week as I am disabled and my days are based on what my body will "allow" me to accomplish. In fact it's been months and I am still not finished, but that doesn't mean I'm not getting close. So, I called to tell him I would be delayed as originals of everything have to be copied as they won't be returned.

The second call

I happily dialed the number to the grand jury again and John again answered. This time his tone had changed.

Unlike the call I received on 9/9/10, yesterday, there were two representatives from the Grand Jury on the phone as they said they needed to have at least two people to speak to anyone.

In June it was just John and in the second call where we "spoke alone and unmonitored" he told me I only had a "Brown act" case.

The Brown act which you can find a description of a few posts down, are the laws surrounding the actions of public board members.

Though, according to an article in the LA Times last year, there is not much done to enforce proper conduct of these boards and their members.

But you see Brown act violations are like "gateway drugs" they lead to being able to cover up other sorts of crimes. This is merely the top layer it's what is below that we should be concerned about.

That is why board members cannot talk about issues behind our backs or between themselves and that is why I refer to "the sticky three" as they made decisions together, illegally in the case of KVHD.

But it was the decisions that were made by the three of five quorum, like covering the elder abuse scandal, the financial failings, the short staffing, the improper credentials, that allowed these abuses to continue.

Had anyone in law enforcement stopped this practice, then they would not have been able to gain control of the hospital by means of violating all our rights of public disclosure, reserving the decision making for themselves and being able to hide the evidence or actually destroy the evidence which has lead to a scant amount of information available to law enforcement for means of prosecution.

So, that is why Brown act violations are so important. I asked the state Department of Justice why they even have these laws if they are not going to enforce them...no answer.

How about this answer

If I said to a Highway Patrolman after hitting the gas pedal too hard, " it was only a speeding infraction why bother me with your laws you selectively choose to enforce?" Do you think he would care?

What is the difference there is that I will have to "Pay" them for the ticket, whereas if I complain to law enforcement, they have to "pay" to do an investigation and then court costs if it goes that far.

I'm sure many of you have read that in the city of Modoc they had no "cash on hand" to pay for their police department so be careful when heading through that city as they will probably be enforcing laws that cost you money to help support the police department.

I know so many people who watch crime shows on TV which really don't have any reality to them. CSI and criminal minds and on and on, are hot shows.

I'll tell you right now that no law enforcement office could afford to do all the things that they do on television. I suspect "Cold Case" is more truth as there are so many crimes which they didn't have the time, staff or money to solve, but it's not like they are going to go back through them as there is even less money now. (I'll be doing an editorial about this subject on my other site: "Your Government, your problem: an owner's manual.)

How would the GJ know what my case was or wasn't

I didn't tell John from the grand jury all the specifics but within five days his whole attitude changed and so did mine: instantly.

"Who did you talk to in the last five days?" I asked him.

No response at all. If he had said, nobody, then it was proved he did speak to someone, big trouble. If he had said, yes, equally big trouble. So, he did what you do when you want to stay out of trouble temporarily: stonewall, just like KVHD did in April and May of 2007.
http://kernvalleyhospital.blogspot.com/2009/10/oh-those-prophetic-words-meeting-from.html

Whether or not he admitted it, he talked to someone as nobody makes a turnabout that quickly without some sort of reason or "persuasion."

Because I was able to find support in other venues, I dropped the whole thing with the grand jury and moved along with my research and huge task of creating a coherent timeline from an incoherent mass of disjointed information provided by many sources.

Response from KVHD CEO Tim McGlew

However, after being told that I had "caused" (that would only be said by someone with something to hide) this recently acknowledged investigation at KVHD, I decided I should take this up with everyone to find out what has happened.

Mr. McGlew and I have been in touch since the day he arrived in 2009, as I wanted to talk with him as quickly as I could about the issues at the hospital, both criminal and quality problems. We have been in contact ever since that time and there is no way that he can claim I did not approach him personally about problems as is printed in his response.

He has admitted that there was a grand jury investigation and as to the content I was told to wait for the report from the grand jury. He then says that I shouldn't be surprised as I warned him of this as well as others. Hello? I told all who inquired that I was not behind this but they wouldn't believe me.

However, things have now changed

I made a call to the grand jury and spoke to an affable woman the other day and asked if my name was somehow connected to this most recent grand jury investigation as if it was, then my evidence should be there. I also let her know about my dealings with John in June too.

It was late in the day and I asked her for a response from someone to the CEO's statement and claims made surrounding this inquiry, but there was no one else there to be able to speak to this and some research had to be done.

I apologized to her saying that I would have to make a complaint against the grand jury as I feel I was mislead and that the GJ does not disclose names of complaintants, but the CEO had indicated he believed I did it and I don't know that information may not have been leaked that I even had called.

The next morning

I got a message from the Grand Jury, I won't be able to confirm the spelling of the names, but let's try Jacqueline Henry and Doris Duchette for now, and they said they had no complaint on file from me now...or in 2007. (what was that last part?)

Now I know there was no complaint from me this year, but there was definitely a complaint from me and many others from 2007 and I will unfortunately have to dig in the "other" pile to find it, but I saw the "grand jury complaint forms" from 2007 in my documents a few months ago, so I know I have it.

"We do not have any complaints that you have filed...and in 2007 we have nothing if you filed that with Al Rogers it went to the District Attorney's office," Henry said in her message.

Okay the second part concerns me

Yes, it was Al Rogers we met with in 2007, but the complaint was made to the grand jury so I don't know and need to ask about this when I find my documents.

Al Rogers had an opportunity and much support with his investigation as the KVHD hospital was under threat of closure at that time and employees were fired for trying to dis-close the problems.

But what happened that he couldn't use obvious evidence that I gave him? I guess the next call will go to the District Attorney's office and maybe we can all find out why when they had the chance to save lives, careers, and even money, didn't they follow through?

I remember meeting Mr. Rogers (sorry) in front of Burger King in Lake Isabella where I handed him video, audio, and emails. Thankfully, we had made copies and distributed them around so I am not the only one in possession of evidence.

We never heard from Rogers again, but we did hear from KVHD board member Bob Jamison as he crowed about an investigation that never "found anything."

Finding the hay in the needle stack

If there is obstruction of justice, meaning misleading and lying to enforcement or even the public in the case of this being a tax based healthcare district, to keep them from knowing the truth, how would you even be able to investigate this with one person? And one person who has no knowledge of the background or as we hate to say here, history, of the hospital's political and financial situation which puts the case in perspective?

Nothing against Mr. Rogers, but it has taken me four years to get a clear picture of what has happened here, just how would he be able by himself to conduct an investigation of this magnitude?

He wouldn't, couldn't and didn't and Mr. Jamison of the board and the valley's only radio media, knew it, and made sure we all knew it, rubbing it in. Jamison's power increased by the end of 2007 after the grand jury or the DA, whichever, we still have to clarify many things, walked away.

I recently talked to a witness who had spoken with Mr. Rogers and told him specifically she had witnessed three board members, "the sticky three," in former CEO, Pam Ott's office making decisions such as keeping on the 2006 architects, Aspen Street.

Three to five wins the decision and that is why the Brown act is so important in that it keeps the powers that be from controlling the board vote.

What is next?

In her phone message Henry said she had to make sure there was another person available to speak to me and suggested I call back on Monday to speak to them again as she was leaving early that day. "...because there has to be, we have to have two people to speak and our other third person is not here today."

I certainly wish John had the courtesy to have another person on the phone when we spoke in June, as then I believe this whole convoluted situation would not have taken place.

Understanding these people are volunteering their time and judgment to the county, I have nothing but respect for those who serve their communities, and I appreciate this last statement.

"If you would like to refile or send us some of your information then probably we can do something, but we do not have any information from you directly and the only information that we have is from your website."

(To the grand jury and the voters in the Kern Valley facing a property tax increase to bail out the hospital, this blog has almost 400 posts, and is very much unorganized. Please understand that my tone and humor are only devices used by writers, and I take this whole situation very seriously. Please do not be put off by this as I felt it was the only way to get the attention of those who could help us. I will be reorganizing but feel free to take a look around the place, but don't think you will find the gold, as I keep that in a safe place(s).

To be clear:

YES, I WOULD LIKE TO FILE A COMPLAINT WITH THE GRAND JURY. I WOULD LIKE TO MAKE SURE THAT THEY KNOW ALL AND REQUIRE THOSE AT KVHD WHO HAVE BEEN ABLE TO SKIRT AROUND THE JUSTICE SYSTEM UNDER OATH UNDER THE PENALTY OF PERJURY. AND I WILL BE HAPPY TO DO THE SAME.

Next we will talk about the California Department of Justice, Attorney General, Jerry Brown's case as the elder abuse charges against Pamela Ott, Dr. Hoshang Pormir, and Gwen Hughes will be heard on October 15, 2010 at the Kern County Superior court.

I will follow up with the grand jury and have asked that a formal complaint be made against KVHD by me for the harassment regarding my supposed involvement in this grand jury case. Why again if they have nothing to hide would they be so concerned and angry? Hopefully, we will find out, in front of the jurors themselves.