Dr. Hoshang Pormir sentenced 3 years probation...DOJ claims success

Dr. Hoshang Pormir was sentenced today in the Kern County Superior court to three years probation as he plead no contest to a "conspiracy" charge in the Kern Valley Healthcare District elder abuse case, as prosecutors agreed he wrote orders to drug his patients, but did not CAUSE their deaths. 

Pormir, who has been alleged to have had knowledge of the situation with his patients, according to witnesses NOT included in the California Department of Justice case, will have a felony on his record and will have some restriction as to where he can and will work continuing his career as a doctor.
 

Though co-defendant Pamela Ott, former KVHD CEO, with false credentials, and a working relationship with Pormir, hired Director of Nursing, Gwen Hughes months after the KVHD skilled nursing facility was cited for the use of "physical restraints, dehydration, weight loss," all known as "elder abuse"  Ott has also plead out and will be sentenced next month, Aug. 22.

Ott introduced Hughes to the facility and it's doctors and board members, accrediting Hughes with an "expertise" in the use of "psychiatric drugs" as in "30 years worth of experience" and this was also quoted in the small hospital's local newspaper shortly after the new DON arrived.


Hughes, however, will likely be the scapegoat, though she was responsible for the staff who administered the drugs, she was also a victim of the political climate, those trying to sweep problems under the rug, as only Ott and Pormir were involved in attempting to obtain a 12 MILLION DOLLAR BOND.

This was known as Measure M, and it came at a time that the KVHD SNF had major problems with both federal and state agencies. The six months Hughes came on was a relatively short period compared to other administrators overlooked by the DOJ investigators.

The Skilled Nursing Facility was under scrutiny in 2006, and Ott along with several co-conspirators, or board members, kept the information from the public and even law enforcement. No charges have ever been filed against any board members in this case.

First of it's kind...they say

As if it would somehow change the public perception, as if not enough manipulation has already been applied in this case, today, in the Californian article, The DOJ is supposed to have said this is a "first of it's kind" prosecution on "drugging for convenience." They didn't really add much more than to try use the climax of the case to make it look "not so dirty" what has happened.






(Prosecutor, Steven Muni, seems to have experience and education, but no shame, as this DOJ attorney has not gotten one single elder abuse defendant from KVHD to trial. Probation as it stands today, is all this prosecutor can muster from what Governor Jerry Brown, called the "worst case of elder abuse" he has ever seen.)

Or more likely to step away from the real reasons, the truth, as it played no role whatsoever in this case.

The case of the state of California was it's own agenda and a complete fraud and fabrication. I say that with the utmost certainty. And under oath perhaps, one day?

This blog and all it's contents, is dedicated to those who suffered and continue to do so. Some have died. And for those who were bullied and could not speak, this is their voice. It was and is my service to speak the truth in this case as best I can and for those who cannot. Not a burden whatsoever.

The truth never seems to be a problem for those who have it, it's those "have nots" that have the problem. 

Witness against the prosecutors...

These prosecutors who may not realize how hapless they really sound, may have gotten the notion that they could spin out of the responsibility with another manipulation of true events. It's so off key they will probably notice it with their own ears.

We are not privy to the underpinnings of what happened inside the Attorney General's office when now Governor Jerry Brown, lead his campaign for a new California Governor on the coat tails of cases such as KVHD.

Brown got down and dirty calling it the "worst elder abuse case" he'd ever seen.

Somehow, that seems hollow and self serving and maybe even sickening for some who look on as prosecutors from the state are watching the defendants in the Governor's words the worst, walk away with probation.

One could imagine the Governor "of Austerity" to have made a quick call, keep the press from tracing this disaster to his door step. And voila! Steve Muni, lead prosecutor, pokes his head from under the blankets long enough to tell us this is a "first."

Most hope that all involved will have some sort of last, I'm sure.

Where is Brown's Statement?

Peekaboo, we see you...Missing today is a statement from the mastermind of the mansion, Governor Brown. But it's not forthcoming as his ilk is cowardly and estranged from reality.

Here's some truth: This is the worst political ploy to help a "skin flint" gubernatorial candidate exploit his sworn office as Attorney General to springboard into a Governor's election, I've had the displeasure of seeing first hand. 

How's that? Different ring of truth when you apply real truth. 

His Press Releases were rolling like thunder onto the campaign trail and like a true politician, a true expert in deceit, he rode that wave of misery into the governor's mansion using every victim, every defendant, to raise the ire of all who could and would not harm the elderly. All who would vote for someone ready to change the situation for the elderly.

This really conveys to those who are not yet shocked by the deeds done in this KVHD nightmare about how far reaching this con game goes.

Governor Jerry Brown used the office of the attorney general, a position of trust and truth, a position of responsibility, to build an illusion of caring for those who were harmed, justifying a visit to our friends at ABC World News tonight, and Diane Sawyer, in a well timed, well viewed, friendly "elder abuse" segment.

(I guess raising funds in the AG office is easier. He created himself a hero to the elderly in those early press releases. Then was aided with some FREE stuff from ABC news.)

Sawyer gave Brown some feel good editing, a few repugnant expressions for the camera, you almost believed these two really cared about those patients and their horrendous fate at KVHD.

What hurts is that there are still those who put their trust in both Sawyer and Brown.

Candidate and AG...

But Brown started campaigning for Governor long before he announced his plans, refusing to commit to his candidacy, and continuing to launch a political campaign inside the AG office with all it's resources and his secret "campaign contributor. "

Here on this blog, is my prediction at least six months in advance of his declaration to run for office, of the AG Brown's obvious "pre-campaign" activities. He certainly had a way of churning out the PR and creating himself in a certain light.

Later the LA Times and Sacramento Bee would question his use of the AG office as a springboard. But as is standard for those tied to the money, the political quote fest, they allowed the issue to go away. These gatekeepers decide who they will shut the gate on and it wasn't Jerry Brown.

However, any attempt to nail down this other Brown deception, could lead to "his" current AG having to raise at least an eyebrow if not a finger. 


Who is in charge now...

Kamala Harris didn't  make a stir about elder abuse, but she did benefit from Brown's hyperbole as KVHD the worst he has seen, as she rode along with the would be, could be, wanna be, on the campaign trail in 2010.

Well, she's our AG, the one who would be obligated to ignore her mentor, Governor Brown's slight digressions from the truth. I'm sure she's just brushing it off or walking it off...all that shame.

Harris, supposedly a hard core prosecutor, out for families, those who need justice, has sat quietly, not answering to the lowly types such as myself who continue to ask why?

Ducking and hiding wasn't too necessary as I've been busily pointing fingers on my own for a while now. Only recently has any other publication or media outlet even noticed anything.

PBS, is a place to find the story, but it's a story. Again, there is the truth as we experienced and witnessed it, and then there's the spin, those who use misery to gain attention themselves. Such as what PBS did in a upstaging fashion. Details on drugs as if the whole story was to be used at a medical convention.

AARP where are you?

I asked this question of the legal department of the AARP, which claims to be a significant benefactor for the aged and elderly.

The little communication I had with this massive corporate sell out of aged people everywhere, simply checked in to KVHD under Fire, lit up momentarily to apologize for not looking into the druggings, and then left off as I suggested they ask Kamala Harris what was happening with the case.

This is what they actually did. lol They looked, then called our current California AG and POOF, disappeared. So, I would not rely on their next "the best nursing home issue" of 2012 to be accurate and forthcoming.

AARP, may not stand for anything after all.

Dishonorable mention goes to...

While there is some speculation on my part that the presence of high powered attorneys Donald Etra and William Howard 'Ginsburg played a crucial role in obtaining these lackluster plea deals, and then to have them drop off the face of the earth, to be replaced by "public defenders" made this all the more madcap.

Etra a visitor to the George W. Bush Whitehouse, and Ginsburg attorney for Monica Lewinsky, whose chubby, child like,  good looks were far too much for President  Bill Clinton to resist, were here and then gone in the KVHD case. Though I must say it was a fun twist when I caught them all on video. (see youtube)


Pormir and Ott both have had financial help at the direction of several of the KVHD board of directors.


Hughes was never given monies for her criminal case. Nor any help with the civil cases either. But she sure looks like their target.


Donald Etra left the case, with no communication, and has not answered any further inquiries. Pormir's current "cheap legal guy" some sort of half legal clerk and half the price, Fred Gagliardini, has denied any potential plead outs was made prior to his services being sought as the defendants have been given the "below sticker" price deals thus far.

But Mr. Gagliardini, wants us to believe he himself was responsible for settling this elder abuse matter, no influence from the big time attorney's whatsoever.

I would tend to disagree. 

Likely, the influence of the influential was just that. Etra and Ginsburg cared for no one. They were there flexing some muscle, and if I'm right, they loosened the lid A LOT for the public defenders to follow.

Final thoughts...

There is no way to take back the pain these people have caused, all of them. But rest assured none of this goes unchecked. None of this is okay, right, believable or worthy. And I was a witness to these events. I have researched, I have uncovered, questioned.

And the truth will always prevail. It's the only thing real about any of this...

Bakersfield Californian:  http://www.bakersfieldcalifornian.com/local/x920646019/Doctor-gets-three-years-probation-in-patient-drugging-case?utm_campaign=Feed%3A+tbc619+%28The+Bakersfield+Californian+--+Latest+News%29&utm_medium=feed&utm_source=feedburner

Election Time: KVHD Board of Directors candidate forum: an experiment in fairness

I'm tired of hearing it said that democracy doesn't work.
Of course it doesn't work.
We are supposed to work it.

Alexander Woollcott





With less than two months left before the November 2, 2010 election, the six candidates running for the two open seats on the Kern Valley Healthcare District Board of Directors have participated in what I am calling, "the fairness campaign."

After years of watching one candidate trying to stomp the other as a way of winning the votes of the people of the United States, I thought we could set an example for our politicians and news outlets by allowing the candidates to speak to the voters, in their own words, unedited, and without restriction.

I want to hear about the "people" themselves, and not about the sometimes fictional deficiencies of their fellow candidates.

So, I asked the six KVHD board candidates, Tom Bostick, Kathryn Knight, David Derr, John Blythe, Dr. Wesley Thomas, and Saul McGarity if they would like to publish a candidate statement and answer a few questions on the blog.

All of them agreed to do this, and I offered unlimited space, a photo, four questions, a candidate statement, and contact information. Each of them chose their own presentation.

(However, one candidate, Saul McGarity, is down with the flu, but will be participating once he gets well.)

Your vote makes all the difference

Voting is the power of the people. And to vote wisely, I believe a fair playing Field is in order, so that we can not only "meet" the candidates, but hear in their own words what they believe they can do if elected to a governing position.

I recently sent a letter to the LA Times chastising them for keeping our candidate for California Governor "Jerry Brown" in the paper constantly. Anyone running for the KVHD board knows that Mr. Brown, current Attorney General, was one of many who had a chance to help this rural hospital district in crisis because of elder abuse allegations. And he could have investigated the lending practices of Cal Mtg., but his office would not even respond to that request.

While we in this valley fell silent, in shock, after criminal charges and civil cases were filed last year, Brown announced his run for Governor. He also used this hospital as a demonstration of hyperbole, when he said it was the worst case of "elder abuse" he'd ever seen.

Now Brown has moved on to the City of Bell, a hot spot of corruption, currying favor with such publications as the Sacramento Bee and the LA Times.

It's the game of election politics, aided and abetted by the media.

I disagree totally

One of the main reasons I felt that our candidates needed a forum they could use to spell out to the public what they "stand for" is that they could easily be dismissed by a bias media.

Newspapers have no legal standard as far as having to print both sides of the issue or even all the candidates' platforms. Television and radio have a different set of rules via the FCC.

I could do whatever I want to, but what I want is reform of the election process. I'm tired of the commercials, the misstatements, the lack of focus on the qualifications for the job, the money changing hands and I decided that I could create something where our local candidates could express and educate without all the static.

I have a higher and grander standard of principle than George Washington. He could not lie; I can, but I won't.
Mark Twain

Comment on the candidate statements

I just want to say that I'm impressed by all of the statements as these daring people appear both willing and able to help our district not only survive, but make progress.

What I noticed is that each person took their time to answer to the public in an intelligent, concerned and sincere manner. Nobody senselessly slammed anyone else, they are obviously looking for the answers to help their community.

They are simply using this forum to disseminate their own message to the voters.

With six solid candidates this will be a difficult decision to decide on only two (I would like to grab them all and take them to the hospital to problem solve and plan for the future) but voters will have the opportunity to read and re-read each participants platform prior to the election to aid in a tough choice.

Regardless of the outcome, who wins, I suspect we will continue to see the others involved in some way to support change for the better at KVHD.

The second thing that impressed me was that everyone was willing to address some very difficult issues, which shows courage as well as confidence.

There are serious problems with the hospital, financially, their ability to provide more varied and needed services, a numerous amount of lawsuits, criminal charges, a 24 year old debt with the state office Cal Mtg., as well as many other issues which could lead to a dead end road if not addressed relatively soon.

What I'm not seeing is a "political" focus, but a community concerned about it's future. How refreshing. Wouldn't it be nice if we could somehow convince the entrenched government to follow suit and not spend half their elected life on the campaign trail?

So, right off the bat, I say thank you to all for even considering this difficult challenge of being elected to an ailing hospital board, but we all appreciate your courage for taking a stand regarding what you believe.

To avoid criticism do nothing, say nothing, be nothing.
Elbert Hubbard (1856 - 1915)

VOTE!

You can obtain registration forms at the Kern County Elections office in Bakersfield, the library, fire stations and post offices. But with technology comes the ability to register and vote on line. You may also change your address or other information via the elections website. For more information go online to: http://elections.co.kern.ca.us/Elections/

Or call Kern Co. Elections at 661-868-3590

(See candidate statements: Tom Bostick, Kathryn Knight, David Derr, John Blythe, Saul McGarity, and Dr. Wesley Thomas following this post...)

Extra, extra, read all about Etra: Donald Etra celebrity law cases/Jerry Brown angry Howard Stern

Here's some extra information on Donald Etra, who we understand to be taking over the defense of Dr. Hoshang Pormir as the doctor's criminal attorney in the state of California's elder abuse case against the Kern Valley Healthcare District employees.

The other two defendants in the case are the short term director of nursing for the KVHD nursing center, Gwen Hughes, being represented by Bakersfield criminal attorney, Bruce Blythe, and the former CEO, Pamela Ott, who resigned shortly after the state put the hospital nursing facility in immediate jeopardy, heading toward closure in May of 2007. She is being represented by another local attorney, Jim Faulkner.

Etra could make this a different kind of case

With a new attorney of some merit and caliber taking over for a client on this case, a doctor in fact, changes the face of the whole case. Look for part two of the political implications of the presence of Donald Etra, coming soon.

The rapper's gentle rap

Rapper, Snoopdog, according to this Sept. 2009, article in the Orange County Register, was arrested with a gun and some marijuana.

His attorney, Donald Etra, the new player in the Kern Valley Healthcare District elder abuse case as of Jan. 5, told reporters Snoopdog had a prescription for the marijuana.

But the attorney went on to defend "Snoopdog" says the author of the article, referring to the charges as "bogus."

Now, I've made that very same accusation about the investigation and ultimate charges in the Kern Valley Healthcare district case. The word bogus is hanging at the front door of this blog.
http://www.ocregister.com/news/probation-191164-broadus-etra.html

Etra has been linked with other celebrity cases such as with Chris Brown and Rihanna, which makes me wonder about Etra's current interests in law.

His background, which we will go into in part two of the other article, is rather eclectic considering his foray into the celebrity world.

Jerry Brown and Howard Stern

The politics that have taken place so far in our particular case have been local power mongers, the bottom feeders.

But with our Attorney General on ABC World news last week, and now the presence of Etra, things are rather confusing now for most of us locally, who would just like to keep our hospital, but keep it safe.

Howard Stern's attorney gave our California Attorney General "guff" about pouring money into the Anna Nicole Smith investigation and using it as a vehicle for his campaign for governor in the article below (click on link).

(I believe you will find similar remarks on this blog, as I thought it was horrific for the AG to take the time to fly down for a photo op on this Anna Nicole Smith business. It was in the faces of the people who have been hurt repeatedly here in the KRV. Family members, patients, employees, the list goes on. )

I must say I repeated a very similar sentiment in that our AG, Mr. Brown, passed us up, as he flew right over us to LA for the public relations event of the year with Anna Nicole Smith and then Michael Jackson overdosing on some strange drug.

But this little valley, hurt and harmed in so many ways, we could use justice. We don't want your press conferences and ABC World News stories regarding the continual retelling of the most graphic scene in our whole nightmare.

We want you to acknowledge what happened in 2006 and 07, which revolved around a systems failure in the nursing facility run by an administrator with improper credentials.

We need to be helped. We still have participants to the crimes at the hospital, working, getting a paycheck, retirement, and yet nothing is done.

We could use some help. But it doesn't seem to be something that has been given out much here.

How about a press conference Mr. Brown? (call me) And welcome aboard Mr. Etra. There are many articles to read about you...I'll add more links soon.

Two pharmaceutical companies facing charges of supporting off label prescribing: for the elderly

(review the case is a week away now)

Less than two months away from the elder abuse criminal case against three Kern Valley Healthcare District employees, California Attorney General Edmund G. Brown Jr., "Jerry Brown" announced just today that California is part of a 520 million dollar settlement against a London based company for promoting off label use of "Seroquel" an anti-psychotic drug, in the elderly with dementia and Alzheimers.

AstraZeneca is accused of encouraging the use of these antipsychotics in the aged and elderly, not approved by the FDA. The years that these practices were supposedly in effect were from 2001 to 2006.
(Gee, that 2006 number certainly stands out, as the KVHD elder abuse case revolves around the use of antipsychotics on it's elderly patients which may have lead to an increase morbidity rate.)
The Wall Street Journal reported last month that Abbott Laboratories was doing the same thing with it's liver munching, all around player, Depakote. The use of this drug in the elderly is not approved by the FDA and off label prescribing was encouraged, say federal officials who are on this case.

The timing couldn't be better for a defense

With two large companies under the microscope right now for promoting the utilization of antipsychotics like risperdal, Seroquel, Depakote, for use on combative elderly patients, as these are used more for mood adjustments.

But the side effects are great and the older the person the more likely damage could occur and many safeguards would have to be put in place to ensure the drugs were monitored.

As we know the nursing home business isn't making people rich, and some are barely staffed, so many short cuts are taken to provide care even though the laws state that such treatment is both lacking in dignity and sometimes harmful.

Putting patients who are active, yet not quite coherent, on antipsychotics is called chemical restraining. This is used in the cases of certain classifications of mental illness, they are the very same drugs said to treat everybody. (party drugs?)

This is why the Kern River Valley Hospital has a few dates in the Kern County court, and the preliminary hearing will be coming up on June 23, and the judge will decide if the Department of justice has done it's job and proven such abuse.

But it's not only prosecutors looking at this case, it's the defense, and the families, and certainly the liability company for the hospital.

Whose fault is it anyway? Could a couple good attorneys prove that considering the drug companies were out there promoting the use of these drugs in the elderly, maybe Dr. Pormir was listening, and considering it might be a good idea.

These drugs could possibly make some of these residents tortured in mind and body, feel better. What is wrong with that?

Only one thing: The FDA didn't approve it. So the doctor is risking his own judgment on these drugs. But again these companies may provide a discount as the use of these drugs could in some ways be considered a "test subject group" maybe?

Who is the cause of what happened or do we really even know what happened here at our skilled nursing facility. We do know as a fact, they were short staffed. We do know a year before the chemical restraining occurred, a Director of Nursing, Todd Elkins, left employment over short staffing and pay cuts.

It is not confirmed, but Elkins supposedly works for the agency, Public Health, which surveys these nursing homes to make sure they are following the laws.

And we know there was a lack of ability on the part of the hospital CEO, Pam Ott, to be able to knowledgeably watch over and make sure things were done correctly as she had no credentials that weren't purchased on the back of a pack of matches.

Nurses complained, people were afraid to lose their jobs, but a new way of dealing with patients came about in August of 2006. The use of Depakote, Seroquel, Risperdal, as well as other antidepressants and antipsychotics. The new KVHD nursing center practice.

Who is really responsible?

There are so many people you could point fingers at in this case, but I think we will see them pointed toward pharmaceutical companies as well as possibly the only one that could be prosecuted, the leader who knew there were issues with the drugs, but did nothing to stop it: Pam Ott.

The rest are all contributors, well, except for the board of directors who had the information. Only two took action, the rest hid the truth from the community until today. They would be good for obstruction charges.

Nurses who had careers and plans for retirement found their lives spinning and they found they were doing things they didn't want to do.

But attorney's make all the difference

Defendants Ott and Gwen Hughes have a couple local lawyers from Bakersfield, defending them in the criminal matter, and then there is the long story about how the civil cases are being paid for. Don't ask just vote yes on a multi million dollar bond for the hospital as they are not very good at budgeting, just short staffing.

Enter Donald Etra successful lawyer with Ralph Nader for many years. He stepped into the drama in March when the case was postponed until June so the new attorney for Dr. Pormir could gather up the evidence and decide on a defense.

I had wondered where Etra came from so suddenly and then I heard that Pormir also got another attorney, a pal from college, William Howard Ginsburg, to take on his case with the state medical board.

Dr. Pormir would protect her

In the two years I knew Dr. Pormir he believed strongly in Pam Ott's constant carrot dangling of a new hospital and ER. He backed what she said and did in regards to the 2006 bond measure "m" for... you fill in the blanks.

I do not believe he will tell the authorities all he knows about her and what she did in response to the disaster which took place under her leadership. With questionable deaths, the mistreatment of families with relatives living in the nursing center, Ott needed to be brought out into the sunshine, but was stopped by friends, like Dr. Pormir, radio jock Bob Jamison, and Brad Armstrong.

How strong is the DOJ?

How strong is Jerry Brown and his organization up the state? I get these press releases and white collar crime pays, as he has made some money for the office.

What has he done to foster a sense of justice to the people of this state? Did the Anna Nicole Smith prosecution make any of you feel proud to be an American?

I can tell you the state has missed many good witnesses and found some pleasure in making up their own story in this case.

How will they do against Donald Etra and William Ginsburg though?

Ginsburg hit the limelight when he became Monica Lewinsky's attorney, as the whole country was wrapped around this warped political attack led by a better known attorney, Kenneth Starr.

I was told Pormir went to school with Ginsburg, but that would be odd as one is an attorney and another did much of his medical schooling in his home country of Iran.

Pormir will never testify and he will not rat out Ott either. He will likely with two attorneys on his arms, walk away unscathed.

Many families who lost a member to the KVHD nursing center, will not be happy to hear of recent developments.

And the civil cases are on hold until the court decides if the state has enough evidence to prosecute.

Ott never even was put in jail, as the others were, and she didn't get any bail either. The judge didn't see her as threatening. Ott had that charm at one time and lauded it over this community only to poison us all.

My predictions: the psychic reporter

Both Dr. Pormir and Gwen Hughes are slapped on the wrist, with Hughes getting a few lesser charges and Pormir just promising to be good.

Ott is the wild card. She is the main reason this case should have taken place. Along with several people who aided and abetted her, including the local radio station.

But I see a defense from the two cases cited above. And so do Donald and Bill.

Justice will likely turn into "just us" again

The people that tried to stop this were hurt over and over again, the family members, I apologize that there couldn't have been a better system in place who cared about the elderly and infirm: but there isn't.

The attorney general slash governor to be, will walk away from us as if we never existed, and then sleep at night with the help of some off label barbiturate prescription.

And fired employees, reputations lost, will try to scratch this off their resume and get employed somewhere where nobody knows about what happened here in the Kern River Valley. Our dirty little secrets...

Press control and click on link to open:
http://www.kern.courts.ca.gov/home.aspx