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.

(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.

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.

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...

KVHD Elder Abuse case scheduled Jan. 5: we will get you the report

If it's rotten at the top...

Former Kern Valley Healthcare District, CEO, Pam Ott, is scheduled in court today, Jan. 5, along with the Director of nursing she hired, Gwen Hughes, and a doctor who had been with the district ten years before Ott even arrived, Dr. Hoshang Pormir.

http://www.kern.courts.ca.gov/

For more information on the times and charges, go to the Kern County Superior court link, and you can look up the criminal as well as certain civil cases that are underway or have concluded.

Pam Ott, who seems to be the last defendant charged by the state, Medi-cal fraud and elder abuse, as well as spending time under the scrutiny of the board of registered nursing.

Ott was hired on in 2003 as the CEO of the KVHD hospital. Her resume showed two obviously, had someone actually looked at it, degrees from a school not even accredited in the state.

But that major flaw that the board of director's and former CEO, David Green, from BRIM management company, brought in around 2000, after the  board negated a contract with William Casey who was thrust upon the district by our creditor, Cal Mtg.

After Green streaked out of here leaving Ott in charge of the henhouse, things slowly but surely began to change.

The Ott regime has been dilineated on this blog, but again, the day before we head back to court I can't help wondering why there wasn't more that was taken off the top?

The people in charge at the time were all mandated reporters, meaning they would have had to turn themselves in for ignoring serious problems caused by staffing cuts which lead to unsafe conditions.

We had Ott at the top of administration, the CEO, and the one who signed the reports for the skilled nursing facility: the very same one she claims she knew nothing about what they were really doing in there. (Hey, she signed these forms as administrator, not as "I guess that's what they're doing.")

Her second in command, former Chief Nursing Officer, Sharon Brucker, was so close to the situation, knew and heard all the complaints, and finally succumbed to the paranoia brought on by Ott's fear that someone, anyone, a sick reporter, may find out.

Brucker was involved in a coupe against the hospital's own employees. Like CFO, Chet Beedle, and Human Resources leader, Michelle Rosato, all "top guns," who broke the privacy laws by trying to impugn the reputations of certain employees who didn't agree with them. (later it would be the firing squad as times got more desperate.)

Ott, Brucker, Beedle, Rosato: CEO, CNO, HR, knew nothing about what was happening in the skilled nursing facility? The top administrators?

But what about the board of directors whom this community votes into place, the one's who are to keep the people, voters, patients, rights overseen, were cramped up into a ball of three out of five. (the sticky three, a quorum in a five person board)

Bob Jamison defended Ott even after her resignation. He used the radio station, his employer, and formerly paid for advertisements by KVHD, to defend Ott.

Former board member, Barbara Casas was apparently unaware that Ott was calling her "crazy" and other names behind her back, (I have emails) as she was used basically for the third vote.

And Brad Armstrong, what can you say about somebody who has the opportunity to save lives and careers but does nothing but attack the victims? His message hasn't changed: the employees are and were the problem. (I disagree. He allowed the problem to continue and created a hostile environment where the truth that the CEO, CNO, CFO, and HR were involved was not to be spoken without recourse)

How to get fired or get a reputation: by KVHD employees

I remember the nurse who wrote this very well. She came to me after she was fired, because there was nobody out there who came to help.

We were alone in our investigation. Yes, it was reported to many agencies, whom I will call soon, because as I said, this is the year of "accountability."

Public health didn't just recieve one phone call, no matter what they try to sell you, they just didn't know how bad it really was and they had a very persuasive CEO, in Ott, to deal with.

The Kern County Grand Jury didn't think much of our situation here either.

Oh, and the media, well, they weren't going to cut their own purse strings, and some were bold enough to lie and dupe anyone who would listen.

This nurse knew that Ott was aware of the situation. Why? Because she was one of many who complained. She was fired.

I'm a nurse practitioner and I can help you

In November of 2006, one month after I had a sudden weight loss which never resolved, I had to tell my "friend" at the time, Pam Ott, that I had a nightmare experience in the emergency room.

I went in seeking "food" but intravenously, because I was wasting away. Instead I got loaded full of drugs which "blacked me out." (we will address the irony of this situation in another blog, Rural Health Clinic, Jewel of the District)

Unfortunately, they sent me home intoxicated and driving by myself. I don't rememeber how I got home. I was alarmed.

So, I told Ott what had happened, and now began a whole new round of trying to help me, checking on what I'm eating, making referrals with doctors inside the hospital so I don't get too excited and tell someone about what happened.

In this email to me from Ott, she tells me that she wants to help me get better, and that she was a "very good nurse practitioner" at one time.

Ott, according to state records, has a registered nursing license she recieved from Fresno city college in 1971, but she was not a nurse practitioner.

So, what does that make her telling me she was a nurse practitioner? A liar, yes, but also someone who would say and do anything to cover thier own butt. Who would openly lie about credentials as Ott did?

And the state almost left her behind in this investigation. Jerry, Steve, Donny, she is the one you want to prosecute, the one to put in front of a jury.

But I am dissappointed that you didn't take the top layer. You have done so in many cases coming through on your public relations pipeline: why not us? This is a form of the corporate fraud you like to tangle with. Or get money from or something like that.

As you  can see I continued the effort to unveil Ott, but I also stay on here at the hospital waiting to unveil the rest your "big time attorney general's office" chooses to ignore.

No, no, it's okay, I'll finish your work for you. If you're too afraid to get mixed up with obvious wrongdoing, I guess we will fend for ourselves.

I'm taking one of them, Bob Jamison, to small claims next month, and then I guess you will just have to wait and see what I do next.

See you in court...

Thelma and Louise: Kern Valley Healthcare District elder abuse case next week!

In the annual Medicare/Medicaide nursing center survey of February of 2006, the former CEO, Pamela Ott, had tags on the report which indicated she needed to be in possession of a Nursing Home Administrator's license.


Though the license is relatively easy to get, there is a state program which puts on a test, the administrator passes, and you've got yourself a license.

Oh, but with this license comes responsibility. It means that if anything happens in the nursing center, that person with the NHA license is automatically the responsible party.

Ott never tried to get the license even though she says in her correspondence shown below (click on paperwork to read):
"I do have many years of experience as an administrator of a distinct part long term care facility as a division of healthcare district healthcare systems," she claimed in the letter to CMS.

But the conclusion to the letter states that the Chief nursing officer, Sharon Brucker, has all the responsibility for the skilled nursing center.

Brucker over the course of 2006, gave all the nursing center reports to the board, but by the end of the year, in December, Brucker gave her resignation as CNO.

It's an interesting resignation, (It's on the blog in it's entirety) as Brucker goes about telling us how bad the financial problems were in the past with the hospital.

But she turns about and talks about how Ott and CFO, Chet Beedle, are the bringers of change.

"Pam and Chet are a very good, strong administrative team (Team? This statement indicates they all knew about the problems) Kern Valley Healthcare District is very fortunate to have these individuals in their roles. So, many positive things have happened. We have equipment to care for our patients, (state of the art), we have services that are financially solvent (which one's are they, sharon?), that staff has consistently had two salary increases a year (which staff, the one's on salary only?), the staff has a funded retirement plan and we have supplies to take care of our patients (Oh, do you? Why don't you talk to Cardinal and a few others)."

(There were no changes which occurred under Ott's leadership which corresponds with Brucker's claims. Yes, there was a lot of talk, a planning meeting, money spent, but nothing changed for the better...)

Brucker didn't stop there she attacked former board member, Bob Knight, continuing the urban legend. Saying he crossed the line.

Ott and Brucker sure crossed a line, as they both were involved in keeping the truth of the SNF problems out of the watchful eyes of certain board members. As well as a recorded meeting between myself, Brucker, Ott, Chet Beedle and Michelle Rosado, which lead to private personnel information being shown to a reporter. That information is also on the blog.

Brucker's report was just another example of defamation and propoganda.

Ott announced Brucker's resignation as if she were leaving the hospital. She said she would miss her. (what narrowly miss her walking down the hallways? Things were getting weird at the time, as employees were scared and leaving, and the board was setting up it's bulwark to deal with the situation)

In the letter to CMS, Ott tells the government oversight of the SNF, that she is not in charge, but the CNO is:

"It is a fact that I do not have an administration license and the Director of Nursing (chief nursing officer) does have responsibility for both the acute care and long term care units."

So, who was responsible? And who tried to wriggle out of responsibility? Thelma and Louise or AKA Pam Ott and Sharon Brucker. Brucker stepped down and Ott took off as soon as the notice of closure of the nursing home was printed in the Bakersfield Californian.

This is their paperwork. Department of Justice, I'm sure you've seen this document, but you understand that DHS was already down their throats in 2006.

They were using physical restraints in a manner not in accordance with state and federal laws. Patients were losing weight. There was some issues about the drugs the residents were receiving too.

But in August 2006, Ott and Brucker, welcomed the new Director of Nursing, Gwen Hughes, who is also charged with elder abuse and assault and will be in court next week. The two administrators told us that she was the expert in geriatrics and will be making changes.

Those changes were the type of drugs they used. But again it was not the drugs as they are used regularly: it was the lack of staff to keep an eye on the people who were on these psychotropics.

But the nurses were busy trying to keep the nursing center afloat. As the year 2006 moved along, so did the problems.

Nurses tried to bring the issues to the administrator, Ott, CNO, Sharon Brucker, and the board of director's themselves.

The board ignored the problems, calling the employees "disgruntled."

Except two board members who tried to get word out to the state agencies, but were blocked by the three "killer B's" Brad, Barbara, and BJ.

Will the DOJ take this into consideration?

I hope you will Donny, Steve and Jerry. You have an opportunity to save a small rurual hospital: what are you going to do? I'll be there in court and I'll be able to see what the attorney general has in store for us.

He could leave us hanging, with some of the former staff and administrators who continue to degrade the hospital.

Or, a miracle could occur, and the DOJ will do its job and help out a "small" rural community. We need your help Jerry, Steve and Donny.

You've got two more to get in court: give it a try, please.

Book em' Danno! Or Donno, or I mean, sorry, Donny, Jerry and Steve, our guardians of some California justice

Why not these two?

Now we know if we caught Pam Ott, former CEO of the Kern Valley Healthcare District, charged with eight counts of elder abuse by the state of California, smoking some marijuana, she would be in jail, on "bail" in a jumpsuit, being cursed by board member, and media non-personality, Bob Jamison.

But, because it was a matter of governance, or lack thereof, we seem to have forgiven those who allowed a situation to occur in a hospital and nursing center which may have lead to the demise of residents who knew nothing of the politics which played a role in their care.

I was looking through the California Penal code, for the fun of it, a week or so ago as there are so many laws on the books which could be applied in our case here at KVHD. I sit here this fine Friday afternoon, late for appointments, wondering why there are not at least two more defendants for next week.

We know that there are documents that pertain to the responsibilities of those in charge of the nursing center or any nursing home. The administrator, the leader, is the top dog, according to the district policy and the laws of the state of California.

That should not be questioned.

But our administrator also had a second in command, who knew very well, what was going on. Ott even pointed that finger early in 2006, when Department of Health Services or "Public Health" (thank you, I'm scared already) questioned Ott's credentials.

As has been pointed out on this blog, which has reached an unmanagable 200 posts, (wow, let's celebrate! It took 200 blogs to explain this situation, but only one jury can send the message home) that Ott had help in the cover up.

Let's see the CNO of the time, she definitely knew; the CFO, Chet Beedle, who recently made fools of the board and current administration with his pharmacy analysis, was cutting out more jobs than the mortgage industry, which made for big gaping holes in the staffing, he knew.

And board members, Bob Jamison, Brad Armstrong, and Barbara Casas were either covering for the "leadership lite" administrative nightmare, or they were duped like most of us.

Either way, it's still malfeasance. They should have looked at the records, stopped the cover up, but they, instead, helped Miss Ott out of the "country" off to her new position at Sierra Kings District Hospital which has now met with trials and tribulations under her leadership. They are bankrupting their hospital. (we're just killing our business little by little here at the hands of a CFO, but, let's keep him, pay him, and allow him to continue down this path of fiduciary suicide)

But the CFO, was right in the middle of all of this, taking out personal personnel information to try and keep the employees in their places.

(Yes, we're going to have another holocaust blog for Monday. The first one didn't work out as I was straight out of surgery trying to write it, but now, I'm ready. Are you ready for Mien KVHD?)

How is it that other employees were fired for lesser issues, but, again, the administration gets a break?

Now, the former CNO, who currently works in quality control and the cardiac arrest her departments which were created out of scratch, those medicines off the charts, needs to be addressed in a courtroom.

Thelma and Louise of the SNF, Ott and Sharon Brucker, read reports to the board throughout 2006, with such concern as, "whoops" our patients lost 25 pounds, yes, we need to start weighing them. But only when we can find a way to bring them out without restraints.

Brucker the former CNO, was seen in court last month though, in the audience unfortunately, as Ott took a few minutes to show up and plead not guilty at all, what are you talking about, to the elder abuse charges.

Ott didn't have to post bail, it was all quite streamlined for her, so I asked the Department of Justice, (several times in fact) why she was treated with this "fast track" method of justice.

I have not received a suitable answer or actually any answer. It's not a rhetorical or hysterical question, Scott Gerber, bad boy of PR: I was serious: why would you treat her that way after the evidence shows she had no regard for anyone else, employees, residents of the SNF, or the law itself?

Come on DOJ, serve the "loco" motion

As I said, there are so many laws on the books which could easily be used in this case to make sure, double check, that we got all the people out of there who need to be made an example of for the rest.

Would it be crazy to press these charges? I don't think so. I'm quite certain that even though the DOJ's investigation was late, like me, and the evidence was shredded, and the tapes were lost, (though there were some other tapes made by Ott, which I'm wondering if they have been turned over to the DOJ) there is still evidence.

Maybe you can't get them all on elder abuse charges, but there are other lesser charges, easier to prove that would at least get them out of the hospital so they can't do any more damage. And maybe then, we can heal this place.

But we need felonies as the hospital does not rehire those with felonies on their record.

And you need to take the board members too. Do not let them think they can do this without some sort of slap on the wrist or fanny or something. They knew what was going on: Bob, Brad and Barbara, "the killer B's."

However, politics played a big role in all of this, but the unfortunate element was the residents: they didn't get a vote, on measure M, their staffing, or the drugs a certain nursing director decided to use.

They didn't have a choice, but we do

The residents of the Kern Valley Healthcare District skilled nursing facility didn't know the staffing was cut because there was a need to save money. They didn't know that when they rang their call lights, busy nurses were doing all they could just to keep up with the heavy load dumped on them in 2006 KVHD budget.

The residents also didn't know why the people they had come to love and care about, the nurse's aides, who were pushed beyond the call of duty, were helpless to stop the people at the top. The aides were threatened with licenses and forced to work overtime, and more overtime, sick or well, they had to come in or the nursing center would close.

The residents also did not know why the board of directors so coyly turned away from the employees who tried to blow the damn whistle, but only air and fear came out.

They didn't deserve the disrespect nor did they have any idea what was really going on around them which would lead to such a disaster.

And the families of the residents, how do they feel?

We are now on a new course at the skilled nursing facility, one with more compassion, "more staff", customer service, renewed research into better systems, and a new CCO, Cynthia Burciaga, who is monitoring the situation.

Our new CEO, Tim McGlew, has added a new element as he had the insurance liability carrier, Betagroup, do a risk assessment of the nursing center.

Though we are paying attention now, there was a serious problem for the families who feared for their loved ones in the SNF.

From all the information I have heard and seen, the families had to fight to get information and paperwork. (Yes, the paperwork was delayed, how convenient)

But along with that, they were treated as if they were simple "complainers" in some cases, by the CEO, Ott and even mentioned was CFO, Chet Beedle, whom I accused of this behavior at a recent meeting.

How could the families even watch the video of Bob Jamison calling the tragedy at KVHD, Pam Ott's resignation? I'm sure they felt great that Jamison followed it up by allowing Ott a full hour of radio time to propagate her agenda.

(See posts: Here's your witness Jerry Brown and "Hey Tokyo Rose, where's your Kimono?)

But now we, and I mean the government, the lawyers, the families of victims, the staff, the staff who were fired, the whistleblowers, have to come together and get the truth out there for those who want it, and more so, those who need it to move on from this mess.

"Ladies and Gentlemen of the Jury, the State of California has sufficient evidence to prove that Pam Ott, the spy, the media attack, the buffer, the number's guy, were part of a cover up of crimes against the residents of the hospital, but not only that, crimes against a community.

Again, we thank you for coming to be our jurors, and we know you will see through the facade, the collusion, to bring the leaders, the corporate administrators and elected board members, to justice for their roles in harming the public and obstructing the investigation.

We know you will be fair and impartial as you hear all the testimony of witnesses and victims of a case which lead to abusing elderly patients for the sake of saving money, (to pay Cal Mtg. I would say that, but they won't), and by the leaders who tried to cover their tracks and scapegoat the little guys. It could have been you, Jane or John juror, you could have been threatened with your job or fired, by an entrenched system of bullying and scapegoating."

That's how I would open my case...You have all that you need to convince a jury full of average folks who probably would not take kindly to hearing about high level, heavily reimbursed, bosses at a public healthcare district who allowed and even prolonged potential elder abuse.

I don't see any problems getting that message across to a jury. Feel free to utilize my little blog here and I've got many other bits of evidence around here at home too. Let's do lunch, then do KVHD...

(I'm trying very hard not to blow a fuse with the uploading problems with the video for Youtube. After three hours on Verizon's DSL, or supposed high speed internet, I managed to load one video last night. It's Chet Beedle though, and you should watch. I don't know what the problem is, maybe I'm competing with Jerry Brown throwing up all his gubernatorial campaign videos on Youtube...I dont' know. I'm still trying though. Aren't I?)

"Oh, we're goin' to the courthouse and we're gonna get prosecuted: Okay Jerry, Donny and Steve, you're up: but you forgot a couple

It's court time again folks, Superior Court, Kern County, elder abuse charges, what can the potential Governor do?

I've always liked Jerry Brown, but then I'm old enough to remember all of his terms in office, as well, as some of his campaign promises from the past. I also remember the idea of flat taxing which absolutely drove the inmates at the Capitol crazy, but, hey, I was all for it.

And I'm all for this too: Justice.

Can you do it Jerry Brown? You said you would. You sent people to our little village to investigate, even though I was here (not much I've been able to do).

But can you bring justice and finally, maybe, a conclusion to our drama?

You are a good writer, Mr. Brown, why I was just reading some of your stuff. It's promising that you understand how a "corporation" can use it's staff to commit crimes. In fact, this "whistleblower" story your office is working on is quite interesting.

So when two whistleblowers filed suit under seal in April 2008, attorneys from my office immediately investigated - examining hundreds of thousands of pages of documents, interviewing witnesses and subpoenaing records.

Do you think, Department of Justice, that you now have enough evidence to prosecute this case from the top, where it started? Did you read hundreds of thousands of pages of KVHD documents? I know you didn't because they were shredded. But you may have got a look at some of them, eh?

Is justice here in the KRV worth the same amount of time and effort as does a big, notorious, corporation? (I guess we're about to find out)

You see below the 2007 meeting post, and you read Miss Ott's words and you know as well as I do that she's lying through her teeth. You watch as the board let's her do it. (except for two board members who tried to get to the truth, but had no backing from this community, or the grand jury, or anyone in the media, except me-dia)

I can tell you if you put her in front of a jury and you let people talk, finally after feeling they've been on a stranglehold for three years, you will get the truth. You will know how this whole horrible drama came down from the top, the board, the CNO, and finally harming the patients.

You have the power, I have only more time than you. You also know that I will be there at court, both days, next Tuesday, Nov.3 and Wed. Nov. 4, for the prepre and preliminary (if indeed there is not a plead out).


I'll be the one wearing "Red, White, Black and blue."

I've been thinking that Pam Ott, former Kern Valley Healthcare District, CEO, the leader of the pack of trouble which hit this community hospital back in 2006 and 2007, thought she got away.

Her attorney in September, Jim Faulkner, criminal lawyer at large, told a reporter from the Bakersfield Californian that Ott's case, was well, basically, nothing. She's innocent and we're all idiots or persecutors, not prosecutors.

Fortunately, the Californian reporter didn't seem to be as dumb as her attorney was playing him, and neither are we. Especially those of us who lived through this nightmare.

We know what happened Pam. It was Christmas of 2006:

Yes, here's a photo op we took Christmas of 2006, Pam invited me over to the skilled nursing facility with my camera and my dog to sing to the residents.

I'm all for singing, though, Ott should be singing another tune right now, in my not so humble opinion.

If you look closely at the picture you can see the discomfort on the faces of the people being asked to fake as if there is nothing going on. Why they let this idiot reporter right into ground zero and I didn't see a thing. Except I did.

After the fake caroling, and the addition to our group of songbirds, of former KVHD CNO, Sharon Brucker, who, according to paperwork shown below, was in charge of the skilled nursing facility during the time it used physical and chemical restraints, but happened to duck out, during the holidays, as the chestnuts began roasting on the open fire.

The employees watched me with some regard as I walked the halls of the skilled nursing facility with Miss Ott.

A resident and her husband, began to get loud, and they were yelling. Ott stopped by and began talking to the man. (The wife is still in the SNF, her husband died recently. The woman is having problems, I visited her, she's got anxiety I'm sure from her husband's death, but then there was the thing about moving her out of her room she had with him. Oh, well. They know better than I do about these matters.)

Ott began talking really loud, like they couldn't hear her, but that wasn't the problem. She was trying to cover up the fact that they were saying something she didn't want me to hear. "help."

I've been in a lot of nursing homes, and have seen a lot of things happen in them. I had two grandparents in homes at some point, and would visit them regularly, or when I had the chance. So, I was not shocked or surprised by the behaviors seen in nursing homes.

But the whole thing seemed strange as Ott tried to quiet the couple as if I would suspect something. I say she was starting to get paranoid, which lead her to blaming almost everyone for the problems.

Let's just say it: she didn't know what she was doing. The system failure Ott speaks of occurred before Ott arrived. She was the system failure. The failure of the board of directors and former CEO to actually research Ott's background.

Now, how is she going to explain in court the resume. The college called Kennedy/Western University, an online, diploma mill, which hands out certificates to those who "pay."

But she couldn't do it alone. Where are the others Mr. Brown? It's Friday, why haven't we seen at least two more brought up on charges. I know, I know for a fact, you can prove it. I hope it's not the money. I hope we are currently running off priniciples and the idea that justice can be served even if it's not on a platter.

Let your witnesses speak. Go to court and you will hear the truth. No plea bargains.

Why is my case not listed?

I was just checking the Kern County Superior Court website to see if there were any new arrivals posted there.

I entered a couple names into the search engine and they didn't show up.

http://www.co.kern.ca.us/courts/crimcal/crim_index_case_detail.asp

Now, I know that there's a way to do this and a way not to do this. If I were Ott's attorney, I would be thinking, "good" they didn't bring in anyone else. Therefore, I can prove my case, by saying, "why just poor Pammy?"

You can't do that, blame it all on her. She had a CNO in charge of the nursing center, it's her fault.

(If I was her attorney, I would do that.)

So, bring them in, Jerry. Bring in all the trouble and let them twist while the rest of us testify to what we know.

I'll have more for us all to consider on Monday, the day before we find out if the state does have the ability to bring justice to an open wound which continues to fester while there are still those present at the hospital and on the board of directors who are responsible for the disaster.

You have the power. And I have a blog. (Gosh, that hurts.)

Paperwork and quotes coming up next: It was the CNO in charge, according to Ott's correspendence with the Department of Health Services, who by the way, has its own responsibility in this matter. Apparently, they are regular "visitors" to the hospital now, after the fact. But where were they? And where were the witnesses?

It's not over until it's...probably still not over...

Okay, Donny Fong, Jerry Brown, I'm sending you the information, but with some hesitation

"Injustice anywhere, is a threat to justice everywhere," Martin Luther King Jr.

As I'm sitting here, paperwork scattered all around me, digging through the past to turn this information over to the Department of Justice for their potential "real" investigation, including our old Diva, or CEO, Pam Ott, I cannot help but be bothered by certain things.

Oh, those things which don't add up, niggle at me, until I can hardly sleep.

Like these documents which clearly show that Pam Ott, the hospital board, the board's counsel, the CNO, the staff, all mandated reporters, knew about the problems, which included serious short staffing, and mismanagement.

A mandated reporter is anyone who knows or even just suspects there might be elder abuse. Similar to a good samaritan. You don't have to be a nurse or doctor, you could be a visitor, a maintenance person, a dietitian, a secretary, an accountant, but you have to notify someone if you think there is a problem.

My question to the state is if you took three why didn't you take everyone based on the elder abuse mandated reporting laws?

Or were the investigators fooled and easily manipulated like the rest of us into believing the leadership on the board and administration, human resources, were just "victims?"

And I'm wondering why the state's current case is so limited in its scope, and so out of touch with what really happened to cause the system failure in the KVHD skilled nursing facility?

It couldn't be simply the use of psychotropic drugs, as they are legal, prescribed and administered everyday in nursing homes across the country.

And when I say system failure that goes up the ladder doesn't it. You can't tell me there aren't pages full of penal codes that could've been used to punish the real problems at the top.

But it would take effort and money. It's a long story we have at KVHD, but once understood, it could be clarified in court.

It's not impossible. We know there are many laws supporting cases like this including the "whistle blower" act which I believe was enacted in response to the Enron scandal. What is peculiar to Enron is that the problem was at the top.

Enron wasn't the only paper shredding, employee bullying, justice obstructing organization, (KVHD) and hence laws were written to deal with that type of situation.

Employees of this hospital work for the biggest employer in the valley, and that should have been factored into this case, because it shows reasons for the actions and inactions of some of the staff.

Justice is just a word, the action behind that ideal is what counts. Calling what we have seen here at KVHD justice, would be like me calling Pam Ott's leadership, healthcare reform.

Elder abuse may have been a result of mismanagement, but it happened because the hospital let it happen. In fact they refused to stop the insanity and they were aided and abetted by big brother.

Let me tell you when the "sticky three" board members, (Brad Armstrong, Bob Jamison, and Barbara Casas) the CEO, CFO and others who knew the situation at the nursing facility, and for that matter, in the hospital in general, were let "off the hook" they thought they were impervious.

The DOJ, the Department of Health Services, the Kern County District Attorney's office, actually gave the criminal element at KVHD the confidence to freely short staff, allow an old system and old guard to remain in power, and then watch as leadership stepped down and ran out of town, untouched.

Yet the three people blamed, indicted, are gone, and the problems continued. Why? An inadequate investigation maybe?

Just three months ago, before a recent change in management, I walked in to the nursing center one day to find the staffing sheet not filled out and was told the SNF survey was not "ready" to be looked at by the public.

The hospital has spent almost three million dollars on the nursing facility consultants and temporary staff since the meltdown in 2007, yet the basics were not covered.

And in my opinion, there was no oversite of these administrators, no oversite of the money on the contracts, no oversight of personnel and policies, staffing, and a general attitude that if we close our eyes it will go away. As long as there were no reports from DHS, then it was considered good.

As a self reporting facility, the hospital adminstrator is required by law to report to the state any problems. I guess if you don't report it, then there are none. (Yeah.)

Complaints were recently revealed at our August board meeting regarding the use of "pink ladies" (not the drink) in the skilled nursing facility.

It was said that these volunteers spoke with Tracy Brown, the former nursing home administrator, and another former CEO, Rick Carter. They said they were not heard and nothing was done about their concerns.

It's a year later and finally these people spoke up. I think it is because they are beginning to believe things can change if you continue to do the right things, speak out, and not play small town, I'm a big fish, politics.

The DOJ has another chance to do something that they may not even know they can do, and that is to correct the situation, for all of us.

I know Mr. Fong's career is not going to be made here in the Kern River Valley, so I don't imagine he has too many sleepless nights over the dung trap of deception which occurred here. But his decisions regarding this case, will certainly make or break the careers of others. And they will either help or hinder this valley and its ability to get decent healthcare.

I need to know if the state Attorney General, Edmund G. Brown Jr., and investigator, Donny Fong, really want the truth or do they want to wrap this up and run off, forgetting all about us?

I'm concerned about the conspiracy charge against the Pharmacist, Debbi Hayes. I can't believe it's simply a coincidence that the upcoming preliminary hearing next week didn't have something to do with the new charge, and the new investigation of Pam Ott.

And again, conspiracy meaning more than one person, makes me wonder what the state is up to.

I truly want to send these documents to Mr. Fong, but I hesitate, wondering if they will not try to use this information in some other manner rather than in context to what has happened.

The state's case is really based on paperwork and Dr. Locatell an expert witness. The state's witnesses have already told me they will be hostile in court. Their own witnesses didn't believe in the investigation. That is a strong message.

But what is also of interest is that Pam Ott is a witness in the case. Which again makes me wonder about motivations here.

And the CNA (Certified Nurses Aide) I interviewed at least five times, told me the story of the day she showed up to work at the SNF in January of 2007. (The DOJ never interviewed her or so many others)
"All the nurses were crying, throwing away bottles of medicine in the trash. They were tearing down the care plans in the patients rooms, in the closets, which were outdated anyway...some people had died but the plans were never changed."

The state is basing a lot of information on paperwork. That should be "noted."

It's a quandry for me right now whether to send or not to send to the state. I'm wondering if these documents are better for the defense.

I'm questioning if the state's sudden interest in people other than the three they have charged, has to do with bolstering their own version of events, as errant as they are.

Really, its sad that I have to even question whether or not to send this to the state, whether I can trust the courts, the investigators, the attorney general.

But I am going to pray that there is integrity left in someone, and that this information will be used for that higher purpose. I really have no other choice except to trust.

Okay, Mr. Fong, if you haven't seen this document I'm sending then you never should have filed the charges that are existing against our doctor and pharmacist.

And if you have seen it, then we have even bigger problems than I thought. Let's hope for the best...