(This is better voice related, I'll get back to you on that audios amigos)
It's like a Whose "HUGHES" of the news on elder abuse, after Gwen Hughes, the final defendant and lowest totem on the pole, recieved the stiffest sentence in the Kern Valley Healthcare District, elder abuse criminal case.
With Dr. Hoshang Pormir slipping thru the court "missedum" picking up his "not to do" list recently, followed by former KVHD CEO and political poles dancer, Pamela OTT, as she held her hand out palm side down this time to be slapped--last one out is a rotten egg.
Ott and Pormir were both sentenced on conspiracy charges (endangering public health) rather than the original elder abuse codes which were dropped in lieu of the "justice light" charges of this brigade from the California Depart-meant "to do" justice lead by Attorney General Kamala Harris.
Jerry Brown, former atturnkey General, now Governor of the state of mind that elder abuse "of the worst kind" was committed, divorced himself from those claims best used in campaigns and not court rooms.
The first two defendants were treated to a "buzz kill" or "stern talking to" before being handed over to the probation department--for three whole years. (wow) They also have to write "I will not drug and kill the elderly" four hundred times on a chalkboard.
Ouch!
There are different motivations for elder abuse, but it usually involves financial gain.
THe KVHD example of elder abuse shows there is a senior discounting on the oversight and justice par tof this bargain of a deal: protecting the innocent.
Politically motivated, Gwen Hughes, former KVHD director of Nursing, for all of six months, became a henchman for the group of administrators and board members hiding their already troubled Skilled Nursing Facility.
Evidence shows a trend toward understaffing the nursing home, which meant more infusion of cash into the operations and dehydrated patients the result.
Hughes was sentenced to three years jail time and in a few more years, as she is getting older, could be rolling to a senior living apartment near you. Though she has had to relinquish her nursing license forever more, and keep a distance of at least two bus stops and a senior center from anyone graying at the temples--WE do realize she will be aging and they won't be able to stop the potential for more senior predation.
Some people prefer to close the case, calling it just another example of lack of caring, or truth, but some never forget.
I could go on and on, and I will....in another post. I'll keep you posted for part three in the series "Whose Hughes in elder abuse."
Laura Hart-The Bi-Polar American
Persistance and Tenacity, requires a new chapter, a new beginning....
Showing posts with label DON Gwen Hughes. Show all posts
Showing posts with label DON Gwen Hughes. Show all posts
Wednesday, April 17, 2013
Thursday, October 11, 2012
Gwen Hughes Pleads guilty one count of elder abuse
The third and final defendant in the Kern Valley Healthcare District's elder abuse case plead guilty to one count of elder abuse and will be sentenced January 9th 2013.
Gwen Hughes, Director of Nursing at the KVHD Skilled nursing facility for six months in 2006, avoided ten counts of elder abuse and assault, instead admitting to one single count of abuse.
The thud that has been heard around the Kern River Valley, as former KVHD CEO, Pamela Ott, and Skilled nursing physician, Dr. Hoshang Pormir,also took deals from the California State Attorney General's office with only probation as their sentence.
Commensurate? Not close, but it's no surprise that no alteration of course has occurred within the justice system, which truly turns out to be JUST US.
The elder abuse case which highlighted abuses of staffing, pharmaceuticals, the inefficacy of government oversight to prevent such systematic failure as to potentially have lead to extremes such as death of residents.
Provided to the DOJ, Governor Jerry BRown, Attorney General Kamala Harris, who have all moved on with their political agendas, leaving in their wake, a certain quality of clarity.
They don't care.
They will not fight for simple humanity, as they must have none.
But some of us, will never stop fighting against this victim machine. Just higher up the food chain this time around.
lol See you there.
Gwen Hughes, Director of Nursing at the KVHD Skilled nursing facility for six months in 2006, avoided ten counts of elder abuse and assault, instead admitting to one single count of abuse.
The thud that has been heard around the Kern River Valley, as former KVHD CEO, Pamela Ott, and Skilled nursing physician, Dr. Hoshang Pormir,also took deals from the California State Attorney General's office with only probation as their sentence.
Commensurate? Not close, but it's no surprise that no alteration of course has occurred within the justice system, which truly turns out to be JUST US.
The elder abuse case which highlighted abuses of staffing, pharmaceuticals, the inefficacy of government oversight to prevent such systematic failure as to potentially have lead to extremes such as death of residents.
Provided to the DOJ, Governor Jerry BRown, Attorney General Kamala Harris, who have all moved on with their political agendas, leaving in their wake, a certain quality of clarity.
They don't care.
They will not fight for simple humanity, as they must have none.
But some of us, will never stop fighting against this victim machine. Just higher up the food chain this time around.
lol See you there.
Saturday, August 25, 2012
OTt file UNAVAILABLE until Friday, AUg. 31
A quick run to the FELony Department of the kern County Superior Court Came up Clueless as To the Secrets of the Elder Abuse TRial and Plead out, As Pamela Ott, had her portion of CAse 126665 ACD, heard And Was Expected to Take a Plea Deal for Conspiracy as did her fellow Defendant, Dr. Hoshang Pormir, Took at a hearing last month.
Pormir, was Able to feel a step of no more Resistance, as he was SENTENCED to Three years probation For Pleading Guilty to one count of Conspiracy, rather than the list of EIGHT Elder Abuse CHARges, He origninally faced when he was arrested in 2009.
Ott, and Pormir, have the same Case number, but The Two office Workers, consulted behind a Filing Cabinet this past FRiday, agreeing that looking for the file would be lost time, as they expect it STAYed in Court For Ott's Continued Motion Due up Aug. 29th.
THE motion could NOT Be identified by the Felony office Worker, and she was not inclined to SEARch and find this FILE. It was Really a Lost source, as I could NOT get any notes other than the items listed on the court's Website. Nothing of explanation was on the site, and the Manual labor Required to find said file, was left unused.
So, our source of INFormatioN Required a Check and there was no Doubling the Trouble I would have caused, as I ASKEd if they would LOOK, but I Was Assured, there was NOTHING to look for, as the FILe for Dr. POrmir WAs also Not AVailable for copies, viewing, or Lie Detection.
As Pormir, had a conspiracy charge and it takes two to make a Conspiring mind, There has been suggested, by insiders, that Ott, would Plead to the same Charge and be Given Similar Sentencing, Probation, without Jail Time. Ott slipped in Without seeing at least a finger print on the wall, but the court ushered her in and Shushed her out, without JAil or jumpsuits or any sort of Serious Response.
Why is OTt so Lucky?
Why did I throw evidence at the those unwilling to see it as such? DOJ, Department of Justice, Attorney, Steven Muni, rejected and selected the Evidence which really does not do it justice. LOL
DOJ and FORmer AG, Jerry Brown, SEemed unwilling to have a CAse loaded with White collar Criminals.
As of Now, We have Director Of Nursing, Gwen Hughes, waiting her turn in court, but she may face a Severe penalty where Doc and CEO, Supposedly conspiring together to Cover their Drug use on the Skilled nursing facility residents, but Hughes has to face the firing Squad who will take anyone But the top dogs to the pound for euthanasia.
Next week Ott will likely plead out to a conspiracy Charge or some other MOTION of unknown actions will be instituted to delay a Trial Date starting the clock. This motion was NOT meant to be Known or the court would have put that IN it's RECORD the public can access. It will be something of a Question, but in the long run, Ott has skated on thin ice past most of the others involved in the ELDER abuse case.
KVHD Board members never SAW a moment of INcriminatIOn Except from me. I offer that they are a Group that had to have some FRIENDS, Documents, or Demented Principles, to escape such OBvious Conditions of Deceptive and retributive practices.
I will NOT accept the excuses of anyone as I SUPPORTED my contentions with Video, Audio, Documentation, Witnesses, and this sad affair Showed less than honest investigative practices as only certain Rocks were turned over for Examination.
Selective JUSTICE?
And that is Why it is JUST US now?
If it's transparent, then YOU can see thru it. Justice would have a quality such as that. But no, justice, was not a FACTOR, maybe a fact, but it never saw the Light of day in court in this case.
But it Still does not change the TRUTH of what happened.
You can send Pormir and Ott to the dungeons, but what is missing, is the Value of Hearing the Facts. We can't seem to determine, whether Ott or Pormir are victims or players. Ott had a Crime Angel on her Shoulder as her Deeds were somehow a dismissive hand gesture away. Not taken seriously, called rumor or simply ignored.
I was told that my interference was not appreciated. Okay?
Why would someone only beholding to truth, be so polarizing to the situation?
It's never a burden to carry truth, but it takes FAith to stay in for the long haul. The weakness is to forget it is the ONLY way. Other ways have been fabricated, or corrupted, but This is an immutable fact and it's acceptance can lead to healing, forgiveness or other more favorable outcomes.
Some day, I'll have the DOJ at my door claiming I Told too much truth, and it was now a Crime to continue to ask for Transparency. My Crime will be to only embrace truth and not be willing to have less. Lawyers will call it an antagonistic position, one of harassment, and thereby belittling those unable to have truth. Liars will now have medicines and doctors, therapy, a minority status, and truth will be out in the cold.
(AS the dish is best served. )
LOL
Let's try this again. Ott returns to court next wEd. Aug. 29th, and she will be sentenced or Plead to charges of conspiracy injurious to the public.
Pormir, was out in July, probation his sentence.
Hughes remains the final player, who has to face a potential trial, but with the first two taking deals, it would not be unlikely she would do the same if it were offered. But Hughes, I"m afraid, was a puppet and the masters have left on their probation.
Her limited employment time shows Hughes to be only a response to elder abuse conditions shown in an earlier survey of the department. She had less than six months at KVHD.
The Department of Health SErvices, were pointing fingers at the SNF for patient dehydration, short staffing, and PHYSICAL restraints. Hughes came on and the patients were now on drugs as a form of restraint. And one against her will, several nurses administering something to quiet her down.
Get it?
Complaints at KVHD from nursing home residents?
They are not welcome or accepted from outside the hallowed halls, I feel nothing but sad as this must have been a paranoia inducing experience to be shut down with a needle, five nurses, and a doctor's okaying of the prescription. As this woman was wrangled and deemed in need of some restraint....
I am sure they did not see it for themselves, though.
Pormir, was Able to feel a step of no more Resistance, as he was SENTENCED to Three years probation For Pleading Guilty to one count of Conspiracy, rather than the list of EIGHT Elder Abuse CHARges, He origninally faced when he was arrested in 2009.
Ott, and Pormir, have the same Case number, but The Two office Workers, consulted behind a Filing Cabinet this past FRiday, agreeing that looking for the file would be lost time, as they expect it STAYed in Court For Ott's Continued Motion Due up Aug. 29th.
THE motion could NOT Be identified by the Felony office Worker, and she was not inclined to SEARch and find this FILE. It was Really a Lost source, as I could NOT get any notes other than the items listed on the court's Website. Nothing of explanation was on the site, and the Manual labor Required to find said file, was left unused.
So, our source of INFormatioN Required a Check and there was no Doubling the Trouble I would have caused, as I ASKEd if they would LOOK, but I Was Assured, there was NOTHING to look for, as the FILe for Dr. POrmir WAs also Not AVailable for copies, viewing, or Lie Detection.
As Pormir, had a conspiracy charge and it takes two to make a Conspiring mind, There has been suggested, by insiders, that Ott, would Plead to the same Charge and be Given Similar Sentencing, Probation, without Jail Time. Ott slipped in Without seeing at least a finger print on the wall, but the court ushered her in and Shushed her out, without JAil or jumpsuits or any sort of Serious Response.
Why is OTt so Lucky?
Why did I throw evidence at the those unwilling to see it as such? DOJ, Department of Justice, Attorney, Steven Muni, rejected and selected the Evidence which really does not do it justice. LOL
DOJ and FORmer AG, Jerry Brown, SEemed unwilling to have a CAse loaded with White collar Criminals.
As of Now, We have Director Of Nursing, Gwen Hughes, waiting her turn in court, but she may face a Severe penalty where Doc and CEO, Supposedly conspiring together to Cover their Drug use on the Skilled nursing facility residents, but Hughes has to face the firing Squad who will take anyone But the top dogs to the pound for euthanasia.
Next week Ott will likely plead out to a conspiracy Charge or some other MOTION of unknown actions will be instituted to delay a Trial Date starting the clock. This motion was NOT meant to be Known or the court would have put that IN it's RECORD the public can access. It will be something of a Question, but in the long run, Ott has skated on thin ice past most of the others involved in the ELDER abuse case.
KVHD Board members never SAW a moment of INcriminatIOn Except from me. I offer that they are a Group that had to have some FRIENDS, Documents, or Demented Principles, to escape such OBvious Conditions of Deceptive and retributive practices.
I will NOT accept the excuses of anyone as I SUPPORTED my contentions with Video, Audio, Documentation, Witnesses, and this sad affair Showed less than honest investigative practices as only certain Rocks were turned over for Examination.
Selective JUSTICE?
And that is Why it is JUST US now?
If it's transparent, then YOU can see thru it. Justice would have a quality such as that. But no, justice, was not a FACTOR, maybe a fact, but it never saw the Light of day in court in this case.
But it Still does not change the TRUTH of what happened.
You can send Pormir and Ott to the dungeons, but what is missing, is the Value of Hearing the Facts. We can't seem to determine, whether Ott or Pormir are victims or players. Ott had a Crime Angel on her Shoulder as her Deeds were somehow a dismissive hand gesture away. Not taken seriously, called rumor or simply ignored.
I was told that my interference was not appreciated. Okay?
Why would someone only beholding to truth, be so polarizing to the situation?
It's never a burden to carry truth, but it takes FAith to stay in for the long haul. The weakness is to forget it is the ONLY way. Other ways have been fabricated, or corrupted, but This is an immutable fact and it's acceptance can lead to healing, forgiveness or other more favorable outcomes.
Some day, I'll have the DOJ at my door claiming I Told too much truth, and it was now a Crime to continue to ask for Transparency. My Crime will be to only embrace truth and not be willing to have less. Lawyers will call it an antagonistic position, one of harassment, and thereby belittling those unable to have truth. Liars will now have medicines and doctors, therapy, a minority status, and truth will be out in the cold.
(AS the dish is best served. )
LOL
Let's try this again. Ott returns to court next wEd. Aug. 29th, and she will be sentenced or Plead to charges of conspiracy injurious to the public.
Pormir, was out in July, probation his sentence.
Hughes remains the final player, who has to face a potential trial, but with the first two taking deals, it would not be unlikely she would do the same if it were offered. But Hughes, I"m afraid, was a puppet and the masters have left on their probation.
Her limited employment time shows Hughes to be only a response to elder abuse conditions shown in an earlier survey of the department. She had less than six months at KVHD.
The Department of Health SErvices, were pointing fingers at the SNF for patient dehydration, short staffing, and PHYSICAL restraints. Hughes came on and the patients were now on drugs as a form of restraint. And one against her will, several nurses administering something to quiet her down.
Get it?
Complaints at KVHD from nursing home residents?
They are not welcome or accepted from outside the hallowed halls, I feel nothing but sad as this must have been a paranoia inducing experience to be shut down with a needle, five nurses, and a doctor's okaying of the prescription. As this woman was wrangled and deemed in need of some restraint....
I am sure they did not see it for themselves, though.
Tuesday, June 5, 2012
Dr. Hoshang Pormir pleads out of elder abuse charges...
June 5, 2012
There is something in the air and it doesn't smell like flowers. Apparently on Friday June 1st, the state of California, decided to give elder abuse charged, Dr. Hoshang Pormir, a way out of a trial which was scheduled later this month.
Pormir, and co-defendants former Kern Valley Healthcare District CEO, Pamela Ott and DON, Gwen Hughes, were scheduled to stand trial on allegations of elder abuse on June 25th of this month.
However, it appears initially that Pormir has plead no contest to a "conspiracy" charge and all other elder abuse charges have been dropped, according to the Kern County Superior court website.
But why so quiet?
If you will look at the pic to the right you will see that the charge the doctor plead out on begins with the sentence, "If two or more persons conspire..."
As of today, there are no indications that the other defendants have been given this same opportunity, but this still does not account for the idea of conspiracy. We will need to wait as I expect there will be more information coming out shortly. Or if it doesn't we may have to go and get it to come out.
There is no question that conspiracy charges could be given all around at KVHD for many reasons, but this is a mystery as of now.
There is something in the air and it doesn't smell like flowers. Apparently on Friday June 1st, the state of California, decided to give elder abuse charged, Dr. Hoshang Pormir, a way out of a trial which was scheduled later this month.
However, it appears initially that Pormir has plead no contest to a "conspiracy" charge and all other elder abuse charges have been dropped, according to the Kern County Superior court website.
But why so quiet?
If you will look at the pic to the right you will see that the charge the doctor plead out on begins with the sentence, "If two or more persons conspire..."
As of today, there are no indications that the other defendants have been given this same opportunity, but this still does not account for the idea of conspiracy. We will need to wait as I expect there will be more information coming out shortly. Or if it doesn't we may have to go and get it to come out.
There is no question that conspiracy charges could be given all around at KVHD for many reasons, but this is a mystery as of now.
Thursday, May 17, 2012
California Department of Public Health surprise move to deregulate Nursing Home industry...
I currently have a call in to the Department of Public Health
asking for a response to a very shocking but yet inexplicable story on
the part of the agency to drastically reduce oversight in state nursing
homes.
The story coming from the CANHR website, California Advocates for Nursing Home Reform, www.canhr.org/, reports that DPH attempted to get a measure passed that would reduce oversight in hospitals but the reduction in monitoring nursing homes would have been extensive.
It included removing time lines for inspections on licensing, as well as in the cases of claims of dangerous conditions, imminent death, would no longer have to investigated within 24 hours. These are only a few of the radical changes listed in the CANHR article.
The article reported that the measure was pushed through the budget committee rather than the normal legislative channels as it was being called an "efficiency" plan.
According to the article the measure would do egregious harm to the reform that has taken place over the last 30 years. Such surprising items as "informed consent" and theft provisions would have been placed outside the scope of DPH's responsibility.
The strange part of the story is that the Senate Budget sub-committee and Assembly are to have indicated these cuts would not save money. There are no specifics on how much money the cuts were supposed to have garnered, but the services to elderly residents throughout the state would most certainly have been impaired.
The CANHR article represents that the measure put forth by DPH was of a "sudden" nature and the people in the business of rallying and supporting the elderly came together quickly to quash the destructive cuts which could cause deleterious effects on the whole nursing home industry.
Quick call to DPH
With Governor Jerry Brown slashing the state budget as the deficit has been upgraded to 16 billion recently, so the move on the part of DPH should be an interesting story, as Brown continues to threaten to cut what are considered necessary services, such as nursing home oversight.
However, the surprising part of this situation is why DPH would move so quickly, under the radar, to get such a bill passed? This would be front page news, but somehow it got left on the back burner. I'll wait for my answers from DPH before I speculate too much.
I made a call to DPH public relations to see if I could get a response to this startling article and I did manage to speak to a young man who promises that someone will address the claims in the CANHR article.
What makes me wonder about this whole situation is that the PR guy who will be calling me back, said he knew nothing about this. I would imagine that it would be the most controversial bill to date for DPH, but he knew nothing?
Basically, this was an attempt to stop DPH from policing, being responsible for the care of elderly patients around the state.
Who would be in charge if DPH manages to challenge this recent decision and go forth with a similar measure or bill?
I'm not against a citizen's group overseeing the nursing homes as I think they would be far more effective in enforcing the hospitals to follow procedures known to keep people safe and comfortable.
But why so quickly and why doesn't the public relations department even know?
KVHD Elder Abuse Trial
Next month marks almost five years since the allegations of short staffing and elder abuse took place in the Kern Valley Healthcare District skilled nursing facility.
With a former CEO who had false credentials to a tax measure with faulty architectural plans, to cries for help from staff, this trial will represent the willingness of the state to hold some KVHD leaders accountable for the deaths and mistreatment of its residents.
Not only that but this trial will be a litmus test as DPH wants to curtail it's oversight, but does that leave Kamala Harris and the Attorney General's office to intervene? It was Jerry Brown, formerly the AG, and the Department of Justice who opened up the investigation into KVHD.
DPH records found serious problems at least a year before the DOJ came to KVHD. But there were no alarms going off or efforts to make changes. DPH accepted KVHD corrective measures.
The KVHD elder abuse trial is scheduled for June 25th at the Kern Country Superior court. Defendants, Pamela Ott, Dr. Hoshang Pormir and Gwen Hughes, all have public defenders, though at one time, Pormir had high powered attorney, Donald Etra. Ott was also given 25K dollars in a 3 to 2 vote by KVHD board members.
DPH and KVHD
Considering the lackluster job done by DPH surrounding the investigation into the claims during 2006 that KVHD was short staffed, one has to wonder if they are so incompetent, how much worse would it be without them?
We will find out a month from now whether there should be consideration of removing the cronyism that is DPH and finding a more effective way to monitor elder care. If the elder abuse trial turns into a sinking ship, then it could be time to find a more efficacious way to protect our older, disabled citizens.
DPH had cited KVHD a year before the use of psychotropic drugs for the use of "physical restraining." They were also written up for having patients with severe weight loss and dehydration.
Those citations did nothing to stop them from medicating patients without permission, the records show that in 2007, KVHD simply stopped the physical restraints and switched to using primarily psychotropic drugs. These drugs often make patients drowsy and easier to manage, requiring less staff.
Links to DPH measure
The measure has so far been defeated, but Patricia McGinnis with CANHR, said she expects to see it back on the table in the future, but with the confidence that it will be voted down again.
"We plan to not let it go through," the nursing home advocate protested.
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_Proposal_EX-01.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_CANHR_Letter_Opp.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_SenateBudgetSubCommitAnalysis.pdf
The story coming from the CANHR website, California Advocates for Nursing Home Reform, www.canhr.org/, reports that DPH attempted to get a measure passed that would reduce oversight in hospitals but the reduction in monitoring nursing homes would have been extensive.
It included removing time lines for inspections on licensing, as well as in the cases of claims of dangerous conditions, imminent death, would no longer have to investigated within 24 hours. These are only a few of the radical changes listed in the CANHR article.
The article reported that the measure was pushed through the budget committee rather than the normal legislative channels as it was being called an "efficiency" plan.
According to the article the measure would do egregious harm to the reform that has taken place over the last 30 years. Such surprising items as "informed consent" and theft provisions would have been placed outside the scope of DPH's responsibility.
The strange part of the story is that the Senate Budget sub-committee and Assembly are to have indicated these cuts would not save money. There are no specifics on how much money the cuts were supposed to have garnered, but the services to elderly residents throughout the state would most certainly have been impaired.
The CANHR article represents that the measure put forth by DPH was of a "sudden" nature and the people in the business of rallying and supporting the elderly came together quickly to quash the destructive cuts which could cause deleterious effects on the whole nursing home industry.
Quick call to DPH
With Governor Jerry Brown slashing the state budget as the deficit has been upgraded to 16 billion recently, so the move on the part of DPH should be an interesting story, as Brown continues to threaten to cut what are considered necessary services, such as nursing home oversight.
However, the surprising part of this situation is why DPH would move so quickly, under the radar, to get such a bill passed? This would be front page news, but somehow it got left on the back burner. I'll wait for my answers from DPH before I speculate too much.
I made a call to DPH public relations to see if I could get a response to this startling article and I did manage to speak to a young man who promises that someone will address the claims in the CANHR article.
What makes me wonder about this whole situation is that the PR guy who will be calling me back, said he knew nothing about this. I would imagine that it would be the most controversial bill to date for DPH, but he knew nothing?
Basically, this was an attempt to stop DPH from policing, being responsible for the care of elderly patients around the state.
Who would be in charge if DPH manages to challenge this recent decision and go forth with a similar measure or bill?
I'm not against a citizen's group overseeing the nursing homes as I think they would be far more effective in enforcing the hospitals to follow procedures known to keep people safe and comfortable.
But why so quickly and why doesn't the public relations department even know?
KVHD Elder Abuse Trial
Next month marks almost five years since the allegations of short staffing and elder abuse took place in the Kern Valley Healthcare District skilled nursing facility.
With a former CEO who had false credentials to a tax measure with faulty architectural plans, to cries for help from staff, this trial will represent the willingness of the state to hold some KVHD leaders accountable for the deaths and mistreatment of its residents.
Not only that but this trial will be a litmus test as DPH wants to curtail it's oversight, but does that leave Kamala Harris and the Attorney General's office to intervene? It was Jerry Brown, formerly the AG, and the Department of Justice who opened up the investigation into KVHD.
DPH records found serious problems at least a year before the DOJ came to KVHD. But there were no alarms going off or efforts to make changes. DPH accepted KVHD corrective measures.
The KVHD elder abuse trial is scheduled for June 25th at the Kern Country Superior court. Defendants, Pamela Ott, Dr. Hoshang Pormir and Gwen Hughes, all have public defenders, though at one time, Pormir had high powered attorney, Donald Etra. Ott was also given 25K dollars in a 3 to 2 vote by KVHD board members.
DPH and KVHD
Considering the lackluster job done by DPH surrounding the investigation into the claims during 2006 that KVHD was short staffed, one has to wonder if they are so incompetent, how much worse would it be without them?
We will find out a month from now whether there should be consideration of removing the cronyism that is DPH and finding a more effective way to monitor elder care. If the elder abuse trial turns into a sinking ship, then it could be time to find a more efficacious way to protect our older, disabled citizens.
DPH had cited KVHD a year before the use of psychotropic drugs for the use of "physical restraining." They were also written up for having patients with severe weight loss and dehydration.
Those citations did nothing to stop them from medicating patients without permission, the records show that in 2007, KVHD simply stopped the physical restraints and switched to using primarily psychotropic drugs. These drugs often make patients drowsy and easier to manage, requiring less staff.
Links to DPH measure
The measure has so far been defeated, but Patricia McGinnis with CANHR, said she expects to see it back on the table in the future, but with the confidence that it will be voted down again.
"We plan to not let it go through," the nursing home advocate protested.
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_Proposal_EX-01.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_CANHR_Letter_Opp.pdf
http://www.canhr.org/newsroom/newdev_archive/2012/DPH_SenateBudgetSubCommitAnalysis.pdf
Tuesday, August 9, 2011
Broken news: KVHD elder abuse trial set back until March
Kern County Superior Court case #BF 126665 ACD
"Do you know what the case number is," the clerk at the Kern County Superior court "Felony Department," asked me earlier today when I called to find out why there's a new trial date in the Kern Valley Healthcare District elder abuse case.
I rattled off the familiar number above because this case has been on-going, with the three defendants changing lawyers every other month, until now it boils down to public defenders and a new court date.
The elder abuse trial was set for September, though the calendar has a lot of "white out" on it now, it has recently been stretched out until March of 2012, as defendant, and former Kern Valley Healthcare District, CEO, Pamela Ott, changed attorneys.
According to the Superior court clerk, the reason posted in the minutes, was that Ott's new attorney and also a public defender, Brian McNamara, needed more time to go over what she called, "extensive discovery..." even though McNamara is yet to be cited as Ott's attorney.
With this trial like a cloud over the Lake Isabella community, maybe even defining the rural healthcare system in the region forever, there are now seven months for Mr. McNamara to pick thru the evidence, but what will the new California Attorney General, Kamala Harris, be doing during the lull?
This was Jerry's case
On the campaign trail, Jerry Brown, and Kamala Harris showed up in Bakersfield just days before the election last year. Harris is pictured at the left next to the now Governor, Jerry Brown, who brought the justice department into our mountain community in 2007, taking away a few defendants on elder abuse charges, but leaving behind many who participated in the cover up at the financially failing rural hospital.
I have been watching the cases that Harris has taken interest in since she stepped into Brown's shoes this year, and his boots went a walking into the Governors mansion leaving behind a case that simply doesn't go away. Why?
A situation that involves more than just the abuse, which is enough, to some degree in my opinion, but leaving behind the actual issues and administrators which allowed this foul soup to continue to simmer, really doesn't serve the purpose that is intended to stop the chance of it happening again.
Yes, it's a big case, bigger yet than the DOJ ever imagined in that they have not even touched upon the issues that have occurred with a California insurer, Cal Mtg.
One of their own?
Two years ago nobody here in this valley, employees and residents included, knew of the debt that is attached to their property taxes and insured by Cal Mtg.
Now Cal Mtg. is a well known name and those who want to seem as if they know of something, often mention Cal Mtg. as the villain in the downfall of the hospital over the last 20 years.
Cal Mtg. has actually taken over the hospital at points of default, but they have also tried vigorously to get the community to spend a "latte's worth of money" monthly to pay off the debt and potentially go into more construction projects which is why the hospital is flat broke in the first place: they couldn't oversee to complete the expansion.
I am unsure of what agency handles the oversight at Cal Mtg. but it is something to look into as they have an interesting history which includes taking all of their premium on a 30 year contract, during an emergency measure of refinancing the "revenue" or municipal capital improvement bonds, done by CFO, Chet Beedle in 2003 when the state had it's worst credit rating in years.
Cal Mtg. was either duped by a dump like KVHD or they didn't understand that the hospital has been not only imprudent, but ignorant in it's financial spending. Board members with little knowledge or experience have voted in things they don't even study. The rubberstamp it's called when a board simply relies on it's chief administrator and privately contracted legal counsel to make a decision is too common here.
I don't know the reason that this hospital was not shaken down so that the possibility of restoring it would be available if new oversight was put in place.
Is it justice to simply take away a few people and not the whole group who bred the problems that lead to this type of situation? And then to almost leave behind the leader, head administrator, Pam Ott, who had full knowledge as well as control as her title implied?
But then so did her HR department manager hiring and firing, and her CFO could not have missed the projections of costs, while they were short staffed? Could he?
Ott's relationship with certain board members gave her quorum, therefore cover, and employees who had knowledge was also significant, and especially as scapegoats were made of innocent employees who tried to help expose the mess.
Or would it have been better to simply do all that is necessary to protect the safety of the patients, remove all the infection, do the investigation, so the hospital has a chance to heal?
Well, I have some questions for Kamala Harris, as her PR department doesn't know much about this hidden thorn, that has damaged so many lives, not only the sad treatment of elderly patients and their families, but the ability to function properly financially and offering safe and fair healthcare to the community.
So, at this time, the KVHD/Jerry Brown, elder abuse case is now in the hands of new leader, Kamala Harris, and has been pushed to March of 2012 as all the defendants have had to change attorneys, and these same people are using public defenders, though two are in private practice, due to conflict of interest.
Also coming up: the next generation of law suits and trials from the Kern Valley Healthcare District...Go to the Kern county Superior court site and click on the tab "Civil" enter dates from 2003 to present to find the list of cases now filed in court.
http://www.co.kern.ca.us/courts/crimcal/crim_index_case_num_results.asp
Update soon: What does the DOJ have to say? And why do doctors and CEO's use public defenders?
"Do you know what the case number is," the clerk at the Kern County Superior court "Felony Department," asked me earlier today when I called to find out why there's a new trial date in the Kern Valley Healthcare District elder abuse case.
I rattled off the familiar number above because this case has been on-going, with the three defendants changing lawyers every other month, until now it boils down to public defenders and a new court date.
The elder abuse trial was set for September, though the calendar has a lot of "white out" on it now, it has recently been stretched out until March of 2012, as defendant, and former Kern Valley Healthcare District, CEO, Pamela Ott, changed attorneys.
According to the Superior court clerk, the reason posted in the minutes, was that Ott's new attorney and also a public defender, Brian McNamara, needed more time to go over what she called, "extensive discovery..." even though McNamara is yet to be cited as Ott's attorney.
With this trial like a cloud over the Lake Isabella community, maybe even defining the rural healthcare system in the region forever, there are now seven months for Mr. McNamara to pick thru the evidence, but what will the new California Attorney General, Kamala Harris, be doing during the lull?
This was Jerry's case
On the campaign trail, Jerry Brown, and Kamala Harris showed up in Bakersfield just days before the election last year. Harris is pictured at the left next to the now Governor, Jerry Brown, who brought the justice department into our mountain community in 2007, taking away a few defendants on elder abuse charges, but leaving behind many who participated in the cover up at the financially failing rural hospital.
I have been watching the cases that Harris has taken interest in since she stepped into Brown's shoes this year, and his boots went a walking into the Governors mansion leaving behind a case that simply doesn't go away. Why?
A situation that involves more than just the abuse, which is enough, to some degree in my opinion, but leaving behind the actual issues and administrators which allowed this foul soup to continue to simmer, really doesn't serve the purpose that is intended to stop the chance of it happening again.
Yes, it's a big case, bigger yet than the DOJ ever imagined in that they have not even touched upon the issues that have occurred with a California insurer, Cal Mtg.
One of their own?
Two years ago nobody here in this valley, employees and residents included, knew of the debt that is attached to their property taxes and insured by Cal Mtg.
Now Cal Mtg. is a well known name and those who want to seem as if they know of something, often mention Cal Mtg. as the villain in the downfall of the hospital over the last 20 years.
Cal Mtg. has actually taken over the hospital at points of default, but they have also tried vigorously to get the community to spend a "latte's worth of money" monthly to pay off the debt and potentially go into more construction projects which is why the hospital is flat broke in the first place: they couldn't oversee to complete the expansion.
I am unsure of what agency handles the oversight at Cal Mtg. but it is something to look into as they have an interesting history which includes taking all of their premium on a 30 year contract, during an emergency measure of refinancing the "revenue" or municipal capital improvement bonds, done by CFO, Chet Beedle in 2003 when the state had it's worst credit rating in years.
Cal Mtg. was either duped by a dump like KVHD or they didn't understand that the hospital has been not only imprudent, but ignorant in it's financial spending. Board members with little knowledge or experience have voted in things they don't even study. The rubberstamp it's called when a board simply relies on it's chief administrator and privately contracted legal counsel to make a decision is too common here.
I don't know the reason that this hospital was not shaken down so that the possibility of restoring it would be available if new oversight was put in place.
Is it justice to simply take away a few people and not the whole group who bred the problems that lead to this type of situation? And then to almost leave behind the leader, head administrator, Pam Ott, who had full knowledge as well as control as her title implied?
But then so did her HR department manager hiring and firing, and her CFO could not have missed the projections of costs, while they were short staffed? Could he?
Ott's relationship with certain board members gave her quorum, therefore cover, and employees who had knowledge was also significant, and especially as scapegoats were made of innocent employees who tried to help expose the mess.
Or would it have been better to simply do all that is necessary to protect the safety of the patients, remove all the infection, do the investigation, so the hospital has a chance to heal?
Well, I have some questions for Kamala Harris, as her PR department doesn't know much about this hidden thorn, that has damaged so many lives, not only the sad treatment of elderly patients and their families, but the ability to function properly financially and offering safe and fair healthcare to the community.
So, at this time, the KVHD/Jerry Brown, elder abuse case is now in the hands of new leader, Kamala Harris, and has been pushed to March of 2012 as all the defendants have had to change attorneys, and these same people are using public defenders, though two are in private practice, due to conflict of interest.
Also coming up: the next generation of law suits and trials from the Kern Valley Healthcare District...Go to the Kern county Superior court site and click on the tab "Civil" enter dates from 2003 to present to find the list of cases now filed in court.
http://www.co.kern.ca.us/courts/crimcal/crim_index_case_num_results.asp
Update soon: What does the DOJ have to say? And why do doctors and CEO's use public defenders?
Tuesday, September 28, 2010
They call it Elder Abuse: but it's still Murder...talking to CANHR
Why not murder charges?
My mind has wrangled with the notion of why we differentiate between elder abuse and murder, rather than simply applying the same rules to all of us, no matter what age.
I made a call to the California Advocates for Nursing Home Reform, an organization which has been actively addressing issues such as the use of psychotropic drugs in nursing homes since 1983, to discuss my concerns. http://www.canhr.org/
It wasn't more than a moment before Pat McGinnis, who took my call, recognized the KVHD case. "Yes, I know which case you're talking about, it was terrible."
As three defendants formerly of the Kern Valley Healthcare District head to Kern County Superior court today to answer to charges that they were knowingly "drugging" patients for staff convenience, McGinnis explained there are other issues involved.
I wanted to clarify what is meant by "staff convenience" which sounds more like the staff asked that they have a new microwave and comatose patients.
McGinnis said this is nothing against the staff themselves, but another way of saying, "short staffed," reflecting more on the management and their financial policies. With lack of staff comes a need to keep patients quiet and requiring less attention they would get if the nurses were in sufficient supply to deal with the needs of the patients.
I asked McGinnis if there was a place for psychotropic medications in nursing homes or if she thought they should be eliminated entirely.
She said the issue is more about "informed consent" which is where patients or family members are given the opportunity to find out what medications are being used. And yes, the website, is full of alternatives other than drugs. It is good reading for anyone with a family member in a nursing home.
In one case she explained four daughters were watching carefully over their mother but found she had suddenly changed, more sleepy and "drooling." She had been given new medications.
"...they never told the daughters or next of kin."
Problems with oversight
There are currently no laws where the state surveyors check to make sure that families are told exactly what medicines and changes to medications are being made.
When these annual surveys are done there are many "tags" they use to identify problems, but so far, there are none which check to make sure the family has been notified of all treatments.
McGinnis said she was contacted by one of the family members in the KVHD elder abuse case, and he was apparently not even told that his father had died let alone any medication usage.
As the news of the KVHD elder abuse case reached many organizations, it was apparent, McGinnis, feels there needs to be much more backing for change in relation to nursing home laws and the people who oversee the care of the elderly.
The question which has been bothering me
I alerted McGinnis the elder abuse case would be in court today, and told her about some of the interviews I had done with nurses who saw things such as a "mass destruction" of evidence such as medicine containers, paperwork regarding the patients, and threats of being fired for telling the truth.
She wasn't shocked to hear that the staffing director fought with CEO, Pam Ott, over the lack of nurses in the SNF, and was told to put down "secretaries" on forms to make sure it looked as if the center was properly staffed.
McGinnis said that she had heard the complaint came through the "ombudsman," (I believe her name was Cathy Shields) which I refuted as that was a "late complaint" as the employees had been trying for months to get help which really never came. (we will find out later today)
I think she may have raised an eyebrow as I told her the employees had gone to the board of directors and made the complaint of short staffing, in Oct. 2006, and were sent packing. They were, however, placated with a "committee" called "recruitment and retention" which met once as the nurses who made the complaints quit shortly thereafter.
So, I asked McGinnis, who still had "the fight" in her voice, though she has been advocating for the elderly for more than 25 years, why they call it elder abuse and not murder.
"You need to ask Brown's office," she answered sarcastically.
Then she said, "They have to go with what they can get. Murder, would be hard to prove, they actually wanted to kill the patients."
I said, I still don't understand why if you are elderly it isn't murder. "I agree," McGinnis said, but the situation is more of what they can do within the constraints of the laws as they stand right now.
Would having a psychiatrist changed anything?
I was also curious about a new program in the skilled nursing center, voted in by the board of directors last month, and that is "telepshyciatry."
McGinnis questioned what if anything a psychiatrist could do over a television with a nursing home resident.
She also said that there is little in compensation for these residents and that "medi-cal" would likely not cover the costs. I explained that our CFO, Chet Beedle, told the board of directors and audience that the new service would be covered by Medi-Cal.
She gave me a phone number of someone who could confirm the cost reimbursement Beedle claimed would be covered for the KVHD SNF patients. I'll let you know on that.
Update later...
My mind has wrangled with the notion of why we differentiate between elder abuse and murder, rather than simply applying the same rules to all of us, no matter what age.
I made a call to the California Advocates for Nursing Home Reform, an organization which has been actively addressing issues such as the use of psychotropic drugs in nursing homes since 1983, to discuss my concerns. http://www.canhr.org/
It wasn't more than a moment before Pat McGinnis, who took my call, recognized the KVHD case. "Yes, I know which case you're talking about, it was terrible."
As three defendants formerly of the Kern Valley Healthcare District head to Kern County Superior court today to answer to charges that they were knowingly "drugging" patients for staff convenience, McGinnis explained there are other issues involved.
I wanted to clarify what is meant by "staff convenience" which sounds more like the staff asked that they have a new microwave and comatose patients.
McGinnis said this is nothing against the staff themselves, but another way of saying, "short staffed," reflecting more on the management and their financial policies. With lack of staff comes a need to keep patients quiet and requiring less attention they would get if the nurses were in sufficient supply to deal with the needs of the patients.
I asked McGinnis if there was a place for psychotropic medications in nursing homes or if she thought they should be eliminated entirely.
She said the issue is more about "informed consent" which is where patients or family members are given the opportunity to find out what medications are being used. And yes, the website, is full of alternatives other than drugs. It is good reading for anyone with a family member in a nursing home.
In one case she explained four daughters were watching carefully over their mother but found she had suddenly changed, more sleepy and "drooling." She had been given new medications.
"...they never told the daughters or next of kin."
Problems with oversight
There are currently no laws where the state surveyors check to make sure that families are told exactly what medicines and changes to medications are being made.
When these annual surveys are done there are many "tags" they use to identify problems, but so far, there are none which check to make sure the family has been notified of all treatments.
McGinnis said she was contacted by one of the family members in the KVHD elder abuse case, and he was apparently not even told that his father had died let alone any medication usage.
As the news of the KVHD elder abuse case reached many organizations, it was apparent, McGinnis, feels there needs to be much more backing for change in relation to nursing home laws and the people who oversee the care of the elderly.
The question which has been bothering me
I alerted McGinnis the elder abuse case would be in court today, and told her about some of the interviews I had done with nurses who saw things such as a "mass destruction" of evidence such as medicine containers, paperwork regarding the patients, and threats of being fired for telling the truth.
She wasn't shocked to hear that the staffing director fought with CEO, Pam Ott, over the lack of nurses in the SNF, and was told to put down "secretaries" on forms to make sure it looked as if the center was properly staffed.
McGinnis said that she had heard the complaint came through the "ombudsman," (I believe her name was Cathy Shields) which I refuted as that was a "late complaint" as the employees had been trying for months to get help which really never came. (we will find out later today)
I think she may have raised an eyebrow as I told her the employees had gone to the board of directors and made the complaint of short staffing, in Oct. 2006, and were sent packing. They were, however, placated with a "committee" called "recruitment and retention" which met once as the nurses who made the complaints quit shortly thereafter.
So, I asked McGinnis, who still had "the fight" in her voice, though she has been advocating for the elderly for more than 25 years, why they call it elder abuse and not murder.
"You need to ask Brown's office," she answered sarcastically.
Then she said, "They have to go with what they can get. Murder, would be hard to prove, they actually wanted to kill the patients."
I said, I still don't understand why if you are elderly it isn't murder. "I agree," McGinnis said, but the situation is more of what they can do within the constraints of the laws as they stand right now.
Would having a psychiatrist changed anything?
I was also curious about a new program in the skilled nursing center, voted in by the board of directors last month, and that is "telepshyciatry."
McGinnis questioned what if anything a psychiatrist could do over a television with a nursing home resident.
She also said that there is little in compensation for these residents and that "medi-cal" would likely not cover the costs. I explained that our CFO, Chet Beedle, told the board of directors and audience that the new service would be covered by Medi-Cal.
She gave me a phone number of someone who could confirm the cost reimbursement Beedle claimed would be covered for the KVHD SNF patients. I'll let you know on that.
Update later...
Sunday, August 15, 2010
Kern Valley Healthcare District Elder abuse case returns to court today, Oct. 15
Elder abuse case resumes
The somewhat political and infamous elder abuse case against a CEO, Skilled nursing Director, and the Director of Nursing, at the Kern Valley healthcare district, begins again today, Friday, Oct. 15, 2010 as the defendants will be "answering to the charges."
I'm calling the case political in the sense that we have had our California Attorney General, Jerry Brown, on TV, calling this case the worst he had ever seen. This was right on the heel of his announcement he was running for governor, and he used this case to get attention.
Well you got my attention Mr. Brown.
And certainly the small town aspect where many who have ties to the hospital financially, socially, or as a patient, have divided and still to this day have not shown the character to stand up and say "that's enough."
After an interesting preliminary hearing, not that I heard much, as they marched me out of there as quickly as possible. They used a double attack, one against my media release, and second they said I could potentially be a witness.
I'm not potentially a witness, I am a witness, there's a difference. I am only potential in the sense of the court case itself, but the rest is the "true story" of what I KNOW happened.
The DOJ or as I call them "dodge" the truth
The moment I left court in August during the preliminary hearing I felt a plea deal coming on. I could understand why former KVHD CEO, Pamela Ott would not want to have to face the emails and her phony resume, and many of the other crumbs left behind on her trail of deceit.
So, in an effort to gain more understanding, I sent off some questions to "Dodge the truth" and here are the responses.
Would it be fair to say the preliminary hearing is concluded? Or is it underway until it's a trial? The preliminary hearing is over.
If the court has found sufficient evidence to proceed to trial, then is "assured" that there will be a trial? Nothing is assured. The defendants could always plead guilty to the entire information, or plead guilty to some portion of it through a plea agreement.
If the case goes to a grand jury, the prosecutor puts on witnesses and information before the grand jury, who tests the evidence and, if it feels it warranted, issues the indictment.
If the case starts by way of a complaint, the court must hold a preliminary hearing, in which the prosecutor puts on (some) witnesses in front of the judge, who tests the information, and if he or she believes that the evidence is present, the judge "holds the defendant to answer" for trial in the Superior Court. (In the past, all of this was done in the Municipal Court.) The prosecutor then files an "information" based on the counts that the judge in the preliminary hearing "held the defendant to answer for", (and any other evidence that comes out in the preliminary examination relating to crimes not formally charged in the original complaint), and the case is then set for arraignment on the "information" and at that time the defendants enter new pleas (of guilty or not guilty) and the case is then set for trial.
The second arraignment is required by law. A felony case may not proceed to a jury trial unless the evidence has first been tested, either by a grand jury or by a judge, and the evidence is found to be good enough to deserve a jury trial. This is to protect a criminal defendant from having to defend him or herself in a felony jury trial against bogus or worthless evidence.
(Note: this is the procedure for felonies. Misdemeanors don't require either a preliminary hearing or a grand jury indictment.)
Can the prosecution use any witnesses not in discovery during the preliminary period?
The prosecution can use any witness it deems appropriate during the trial, subject to evidential requirements and rules of evidence.
The Press Office does not have plans to issue a press release at this time.
Thank you
The attorney's for the defense Donald Etra and William H Ginsburg
These two lawyers are the wild cards of this whole small time criminal case. Etra, who was an attorney for Ralph Nader and a guest at the White house during the George W. era, replaced the attorney for Dr. Hoshang Pormir last April.
Ginsburg's past is in no way less interesting, he was the attorney for "Monica Lewinsky" during the Clinton era, where we spent millions on attorney fees to do absolutely nothing.
Because of their presence in the case, Etra handling the criminal aspect, and Ginsburg handling licensing issues for Dr. Pormir, I can foresee the greater potential for a plea deal. Does the DOJ really have what it takes to go up against these two attorneys?
But at one point, and it is on my Youtube site, all of the defense attorneys appeared to be working together as they left in the same vehicle, not knowing I was in front with my camera like the paparazzi.
I also found out that these two attorneys came through our town and picked up records and were looking for information and references for their client, Pormir.
We will know later this morning what the outcome will be today, or if the defense wants a fight for their "innocent" clients, or the state wants to get out of this as fast as they can, as Mr. Brown, doesn't want to feed his gubernatorial rival a lobster dinner on the eve of the election.
Update later...
The somewhat political and infamous elder abuse case against a CEO, Skilled nursing Director, and the Director of Nursing, at the Kern Valley healthcare district, begins again today, Friday, Oct. 15, 2010 as the defendants will be "answering to the charges."
I'm calling the case political in the sense that we have had our California Attorney General, Jerry Brown, on TV, calling this case the worst he had ever seen. This was right on the heel of his announcement he was running for governor, and he used this case to get attention.
Well you got my attention Mr. Brown.
And certainly the small town aspect where many who have ties to the hospital financially, socially, or as a patient, have divided and still to this day have not shown the character to stand up and say "that's enough."
After an interesting preliminary hearing, not that I heard much, as they marched me out of there as quickly as possible. They used a double attack, one against my media release, and second they said I could potentially be a witness.
I'm not potentially a witness, I am a witness, there's a difference. I am only potential in the sense of the court case itself, but the rest is the "true story" of what I KNOW happened.
The DOJ or as I call them "dodge" the truth
The moment I left court in August during the preliminary hearing I felt a plea deal coming on. I could understand why former KVHD CEO, Pamela Ott would not want to have to face the emails and her phony resume, and many of the other crumbs left behind on her trail of deceit.
So, in an effort to gain more understanding, I sent off some questions to "Dodge the truth" and here are the responses.
(Oddly, I just went up to get a cup of coffee as I am deciding whether or not to go to court today, and as I was at the counter stirring in my creamer, I looked to the left and there was the state's main witness. (synchronicity of events once again)
We chatted for a few minutes and I reminded her today is the day the gang gets into court to begin the process for trial or more likely a plea deal.)
Would it be fair to say the preliminary hearing is concluded? Or is it underway until it's a trial? The preliminary hearing is over.
If the court has found sufficient evidence to proceed to trial, then is "assured" that there will be a trial? Nothing is assured. The defendants could always plead guilty to the entire information, or plead guilty to some portion of it through a plea agreement.
For instance, what kind of arraignment, we've already had one, what is this accomplishing?
Before, the defendants were arraigned on a "complaint". Now they will be arraigned on an "information". In California law, a defendant is charged with a crime one of two ways--either through a grand jury indictment, (in which case one goes straight to trial), or by a "complaint" filed by the prosecuting attorney. (Before 2000, this was done in the Municipal Court, but in 2000, the Municipal Court was merged into the Superior Court, so it all takes place in the same court.)
If the case goes to a grand jury, the prosecutor puts on witnesses and information before the grand jury, who tests the evidence and, if it feels it warranted, issues the indictment.
If the case starts by way of a complaint, the court must hold a preliminary hearing, in which the prosecutor puts on (some) witnesses in front of the judge, who tests the information, and if he or she believes that the evidence is present, the judge "holds the defendant to answer" for trial in the Superior Court. (In the past, all of this was done in the Municipal Court.) The prosecutor then files an "information" based on the counts that the judge in the preliminary hearing "held the defendant to answer for", (and any other evidence that comes out in the preliminary examination relating to crimes not formally charged in the original complaint), and the case is then set for arraignment on the "information" and at that time the defendants enter new pleas (of guilty or not guilty) and the case is then set for trial.
The second arraignment is required by law. A felony case may not proceed to a jury trial unless the evidence has first been tested, either by a grand jury or by a judge, and the evidence is found to be good enough to deserve a jury trial. This is to protect a criminal defendant from having to defend him or herself in a felony jury trial against bogus or worthless evidence.
(Note: this is the procedure for felonies. Misdemeanors don't require either a preliminary hearing or a grand jury indictment.)
If there is a trial what is the expected period before this takes place? Generally you never know, I know, but a guess, like a year? Will it be a trial by jury?
The jury trial will probably be set for sometime in the late spring. It doesn't have to be a jury--either side is guaranteed the right to a trial by jury--that's part of our Bill of Rights. But the defendants can waive that if they want to.
How many more hoops until the trial begins? Meaning what are the steps, or potential, common steps?
Prior to a jury trial there will likely be numerous motions. For example, the defendants may file a motion to set aside the judge's ruling to hold the defendants to answer, on the grounds that the judge made a mistake and that the evidence is NOT sufficient to deserve taking the defendants to a jury trial.
Can the DOJ add others or charge others regarding the same case? If say, some new evidence was revealed that others were involved?
The Department of Justice can always charge additional defendants if it discovers new evidence, subject to the statute of limitations.
Are any of the defendants still working, or using their license? If it takes a year to go to trial will any of the defendants still be allowed to work and which ones?
We are unaware of the defendants' employment status. Licensing actions against all the defendants are pending before their appropriate licensing boards.
How many witnesses were called by the state during the preliminary hearing? How many testified?
Three witnesses were called by the state during the preliminary hearing, and all three testified. They were the whistleblower, Licensed Vocational Nurse Holly Lightner, the DOJ medical consultant, Dr. Kathryn Locatell, and the BMFEA investigator, DOJ Special Agent Donny Fong. The defense called no witnesses.
The prosecution can use any witness it deems appropriate during the trial, subject to evidential requirements and rules of evidence.
Will the DOJ send out a press release any time soon?
The Press Office does not have plans to issue a press release at this time.
Thank you
(the fact that they aren't sending out a press release when my email box is full of "Brown" cases, I can only speculate that they don't have confidence or they want to bury this case as a mistake. So, expect something interesting today. But remember, this whole case stems from trying to hide and bury the truth, so I guess why should we end on a different note?)
The attorney's for the defense Donald Etra and William H Ginsburg
These two lawyers are the wild cards of this whole small time criminal case. Etra, who was an attorney for Ralph Nader and a guest at the White house during the George W. era, replaced the attorney for Dr. Hoshang Pormir last April.
Ginsburg's past is in no way less interesting, he was the attorney for "Monica Lewinsky" during the Clinton era, where we spent millions on attorney fees to do absolutely nothing.
Because of their presence in the case, Etra handling the criminal aspect, and Ginsburg handling licensing issues for Dr. Pormir, I can foresee the greater potential for a plea deal. Does the DOJ really have what it takes to go up against these two attorneys?
But at one point, and it is on my Youtube site, all of the defense attorneys appeared to be working together as they left in the same vehicle, not knowing I was in front with my camera like the paparazzi.
I also found out that these two attorneys came through our town and picked up records and were looking for information and references for their client, Pormir.
We will know later this morning what the outcome will be today, or if the defense wants a fight for their "innocent" clients, or the state wants to get out of this as fast as they can, as Mr. Brown, doesn't want to feed his gubernatorial rival a lobster dinner on the eve of the election.
Update later...
Subscribe to:
Posts (Atom)