Dr. Pormir to be sentenced July 11th...and more

According to the Kern County Superior Court website, Dr. Hoshang Pormir, charged with eight counts of elder abuse plead no contest to one count of "conspiracy" last Friday, June 1st.

The eight counts of elder abuse were dismissed as Pormir has accepted the charge referred to in penal code, section 182 (a) (5): "To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws."

Pormir is scheduled to return to court to be sentenced in the case on July 11th. 

Conspiracy would mean there are partners in this crime, and as of yet, the California Department of Justice has been keeping a low profile-- which is odd as they used this very case to elevate one of their own several years ago.

Now in the "hands" of Attorney General Kamala Harris, the case has not seen much media attention or actually there are no press releases listed on her website either.

Since the new "tight-lipped" AG has not given out much information regarding the case, I guess it's time to speculate a bit here.

Kamala Harris California Attorney "in General"  

There are three defendants in the elder abuse case, Pormir, former Kern Valley Healthcare District CEO, Pamela Ott and once director of nursing for the KVHD skilled nursing facility, Gwen Hughes.

As of now, Pormir is not scheduled for trial, and all information leads to the plea deal. The other two defendants remain on track for a trial later this month on June 25th. (we'll see)

But the legal code above really strikes me as something that could have been used to round up all the players at KVHD who allowed the residents of the skilled nursing center to suffer and possibly die due to alleged mistreatment, along with keeping it all quiet.

"...any person who actively participates in any criminal street gang, as defined in subdivision (f) of section 186.22, with knowledge that it's members engage in or have engaged in a pattern of criminal gang activity..."

 We tend to prejudice ourselves and think that street gangs are "the" real threat: How about people in positions of trust who lie? Who can lie when people have died in their care. These are the people really taking down America right now. The people with their hands in the cookie jar who want to have a position of power and access to the benefits of that position--but none of the responsibility.

Also not addressed was the issue that employees attempted to bring the mismanagement problems to the surface. There were attempts to address the problem with under staffing the nursing center. But employees who chose to speak up were demeaned or fired or they quit due to pressure to conform. 

I maintain that several of the board of directors and administrators were part of a cover up which lead to unsafe conditions for residents of the SNF. I have many different kinds of evidence to prove this: documents-witnesses-audio-video--but I guess that's just not good enough for the AG is who is the leader of bringing justice to all-- and, me, I'm just one of the pack. (sarcasm)

 http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827

State Medical "Bored" 

Something interesting happened last year as the leaders of keeping California residents safe from harm as they get medical care, the State Medical Board, also had a chance to weigh in on the problems Dr. Pormir had in the skilled nursing facility.

Once again, Pormir signed off and will take the penalty set forth by our Medical Board: Two years probation- a "how not to kill your patients" 40 hour catch me up class and finally he can never have a "solo" medical practice again. (read document above for specific information)

How this penalty fits in with the conspiracy charge remains to be seen, but the doctor has had some help along the way since he was charged with elder abuse on Feb. 17, 2009.

Pormir's team...

His first round of help along with Pamela Ott, came from three KVHD board members, and they voted to allow both defendants $25,000 each to help defend themselves. Hughes and a former defendant were refused assistance with their criminal matters via the board of directors.

Pormir must have gotten excited as after a year, he was in the company of some big time attorneys.

Donald Etra, a visitor to the George W. Bush Whitehouse sleep over, and former pal of Ralph Nader, took over the case in 2010.

Etra's sidekick was none other than Monica Lewinsky's (Former President Bill Clinton's paramour)  William H. Ginsburg.

The two famous attorneys were in our town for a sweep of information at one point, talking to Pormir's old chums, but they avoided me. Why? Too much truth? They did however leave with documents and other goodies which they cajoled from people who were impressed by their position.

So, Pormir was defended by Ginsburg in his dealings with the state Medical Board.

I suppose for the good doctor that was money well spent, as the Medical Board document allows Pormir to continue his medical career with some slight reservations such as not being able to have his own practice and a "refresher" class. There is also a section of that deal that indicates his admission of something or another cannot be used in a civil case. I don't know how true it is and will ask once I get some answers.

But unlike Ginsburg, Etra left, and Pormir was given a public defender. The current attorney on his case is Fred Gagliardini, "I defendem" and he has brought home a plea deal we are anxiously awaiting hearing about.

Or did he? (Gagliardini has been sent a request for information on the deal)

Did Etra make a deal for Pormir prior to his departure? 

The last time I was in court, Etra, Ott's former attorney Jim Faulkner, Hughes' former attorney Bruce Blythe, all piled into a car together after court. Etra was even fetching the former CEO who was not his client, for court. (See youtube video as I was sitting in my car with my camera in front of the legal Beagles white Mercedes Benz, license plate number...)

It was a legal gang bang and after it was over, all the defendants were given public defenders.

Oh, I was given something too: a legal way to keep me out of the courtroom.

I would like to mention the cute little move on the part of all parties including the DOJ lead attorney, Steve Muni.

Due to my issue with telling the truth I always got permission before I went into a courtroom with my camera.

On this day, I did not film as the morning session was moved to the afternoon. I got some lunch and headed back to court. As I sat on the bench outside the courtroom, two guards (not one) grabbed my camera and told me I had to get out or take the camera out.


I was told I had taken video illegally. Of course I knew I had not taken any video, so I made a bit of a fuss, even writing to the judge himself.

When I got into the courtroom I could feel the collusion all around me. The attorneys, including Captain Etra, all had self satisfied grins on their faces. Then the judge called my name. "Moi?"

I stood up and listened intently, though I could barely hear, as the judge explained to me that I had taken illegal video earlier that day. There was no opening for me to "defend" myself. I sat back down.

Moments later, the same happy grin was on the DOJ as I was asked to stand up again.

The judge and the DOJ made the statement that I would be a witness in the penalty phase of the case and therefore...I could NOT be in the courtroom. Aren't they clever?

No, not really clever...

There isn't much being said in the community or anywhere else for that matter about the wonderful job the DOJ has done in bringing justice and positive change to our community that was hit by these horrible events more than five years ago.

I'm sure if this was a big media event we would be hearing from the DOJ or Miss Harris, but this may just be something they would rather "get over with" and move on to something that will play better in the morning newspaper.

The facts are all up on this blog, no need to go far to find some truth.

We had board members, Bob Jamison, Bradley Armstrong, and Barbara Casas in overt Brown Act violations which are included in emails, and other documents, (later even on film--look up) working together to keep the problems at the hospital out of the media spotlight.

Well, that is if you don't include board member, Bob Jamison's defense of defendant Pam Ott on his radio program in 2007. Or even his attacks on me on his blog which were apparently okay with the ABC radio affiliate, it's business name posted under each nasty message.

Conspiracy, you bet!

Collusion is what it takes to get your irons out of a fire I'm personally trying to put out. There has been NOTHING but lies and deceit amongst people who are elected or hired to do their due diligence.

The reason I'm still doing this is because I care about the families who had to endure such inhumane treatment in the course of finding out what had happened to their loved ones in the skilled nursing facility. I'm here because I do believe in fair play and the truth, two things slipping away from those in power.

Finally, these players are still playing and thanks to Facebook, I got a chance to verify it for myself. In the photo below, board member, Bob Jamison, and former board member, JoAnne Jones, fawn over Ott on Facebook over this past new year.

Again, as I said before, we will likely not see legal justice as it appears to be "just us." But don't count me out, hell, I'm just warming up...

More on Pormir as information becomes available...

Also, there is a Kern Valley Healthcare District board of directors meeting tonight at 5:30 pm in the cafeteria at the hospital.

Thought provoking email from victims of KVHD nursing center disaster: Elder abuse case resumes Dec. 3, 2010

Making it through the grief

I received the email posted below about a week or so ago. It came from one of many families effected by the Kern Valley Healthcare District during the Department of Justice case from 2006 to 2007 regarding the nursing facility's use of chemical restraints.

When I read it over, I thought maybe I'll post it, or "Snope's" it first then post it. I wasn't sure.

I'm simply posting it because I realize there are so many out there still trying to heal from the degradation and in some cases loss of loved ones, and that they are and will be, dealing with grief and anger, amongst other emotions for a long time to come.

The defendants in the KVHD elder abuse criminal case will be back in Kern County Superior Court on Dec. 3, 2010. Former CEO, Pam Ott, former Director of Nursing, Gwen Hughes, who recently filed for bankruptcy and has opted for a public defender, and Dr. Hoshang Pormir, the former Medical Director for the facility, who hired Hollywood legal counsel, Donald Etra.

This is the case opened up by the Department of Justice run by Attorney General Jerry Brown, now Governor-elect, which included a specific topic of chemical restraining as a cause of death in at least three cases. Though I have and continue to believe it is murder, these crimes are known as "elder abuse." Also included are two assault charges regarding a forced injection of the antipsychotic medication known as "Risperdal."

Other issues arose and still plague the hospital today, but as of this time, these are the current defendants.

My best regards go out to all who have suffered needlessly at the hands of the Kern Valley Healthcare District. Here is the email which reminds one of the hypocrisy which surrounds the criminal and civil cases at KVHD.

Jails and Nursing Homes

Here's the way it should be:

Let's put the seniors in jail and the criminals in nursing homes.
This would correct two things in one motion:

Seniors would have access to showers, hobbies and walks.
They would receive unlimited free prescriptions, dental and medical treatment, wheel chairs, etc.

They would receive money instead of having to pay it out.

They would have constant video monitoring, so they would be helped instantly if they fell or needed assistance.

Bedding would be washed twice a week and all clothing would be ironed and returned to them.

A guard would check on them every 20 minutes.

All meals and snacks would be brought to them

They would have family visits in a suite built for that purpose.

They would have access to a library, weight/fitness room, spiritual counseling, a pool and education...and free admission to in-house concerts by nationally recognized entertainment artists.

Simple clothing - ie., shoes, slippers, pj's - and legal aid would be free, upon request.

There would be private, secure rooms provided for all with an outdoor exercise yard complete with gardens.

Each senior would have a P.C., T.V., phone and radio in their room at no cost.
They would receive daily phone calls.

There would be a board of directors to hear any complaints and the ACLU would fight for their rights and protection.

The guards would have a code of conduct to be strictly adhered to, with attorneys available, at no charge to protect the seniors and their families from abuse or neglect.

As for the criminals :
They would receive cold food.
They would be left alone and unsupervised.
They would receive showers once a week.
They would live in tiny rooms, for which they would have to pay $5,000 per month.
They would have no hope of ever getting out.
"Sounds like justice to me!"
(If You agree, pass this on!)

KVHD elder abuse case possibly delayed again, June 22- Gwen Hughes filing bankruptcy?

The Kern County Superior court website is indicating there is will be a continuance request coming up June 22 rather than the much awaited preliminary hearing to see if there will be a trial ahead in the Kern Valley Healthcare District Elder Abuse Case.

The website also notes that defendant and former Director of Nursing, Gwen Hughes, is filing for bankruptcy. This may be the cause for the continuence but we won't know until Tuesday when the judge decides.

I will take the court date off to rest and will gather information for the blog that afternoon and give you an update.

The blog is being rearranged and you will be able to find much of the earlier posts now moved forward to be reviewed once again.

If you haven't read thru these posts they include taped interviews, radio defense team work, documents and news on the attorneys in the cases.

Pam Ott appears: at Kern County Court, case continued, information collected

Dr. Hoshang Pormir, Gwen Hughes DON, and Pamela Ott former CEO, of the Kern Valley Healthcare District agreed to waive their rights to a speedy preliminary hearing as the court date today was continued until Jan. 5.

But it was an interesting day which has lead me to all sorts of vital information which I will turn into predictions. Some of which I will tell you, some not.

Gwen Hughes scapegoat from the beginning

I stood in the hall way in the basement of the courtroom in front of the court room the defendants were listed to be heard for the pre-prelim.

Gwen Hughes, who has taken most of the blame by witnesses and by the administrators of the hospital, sat across from me in the hallway in her wheelchair.

Hughes is reported to have suffered from Polio, and uses her wheelchair on a part time basis.

When Hughes started her employment at KVHD which lasted all of six months, she came into the skilled nursing facility on the heels of a negative report from public health on the conditions in the skilled nursing facility.

One of the many things needing to be corrected according to the state in March of 2006, was the use of physical restraints. A dignified dining experience was also cited as it is easier with a short staff to feed the residents in their rooms rather than have employees take them to the dining room.
Another issue was the fact that the administrator, Pam Ott, did not have a nursing home administrators license, and that there was no full time director of nursing.
Certain drugs were being utilized, such as Ativan, and psychotropic drugs as well.
A bigger issue played off by the CNO of the time, Sharon Brucker, was the fact that patients were losing weight, a lot of weight.

So, when Hughes came on as full time director of nursing for the skilled nursing facility, she had a lot of cleaning up to do. And one the things she allegedly had experience in was the medications used in geriatric homes.

Hughes started her job in August of 2006, and left as Ott said at one time or was fired as Ott said another time.

The director of nursing was "allowed" to do what she did. She didn't do it on her own.

A CNA told me that when she met Hughes, she was told all patients come out of their rooms for meals. The nurses aid said she tried to tell her some of them chose not to and some could not.

It was all about correcting the mistakes from the prior year, but there was the issue that staff had been cut, and there wasn't a full contingent in the SNF at the time.

Which would lead to certain safety issue situations.

As Ott called the problems in the skilled nursing facility a "system's failure," you can't help but say the system's failure took place "before" the start of Gwen Hughes' employment, and went on afterwards.

How can you blame that on a person who was in a very temporary situation? The leadership however should have known and not tried to escape responsibility, but use it to make the improvements.

Risk assessment by liability carrier Betahc

We recently heard at the last board meeting in October that the hospital''s liability insurance company, Beta group, had recently completed a risk assessment of the nursing center and were impressed though they had some suggestions.

It came to my attention recently that the liability company was in the skilled nursing center under the guidance of the CNO, at the end of 2006. If this was the case, then they also did not catch the problems, and are therefore part of the problem.

The court date, today

Pam Ott and three unidentified people, except for the fourth, Jim Faulkner Ott's attorney, who spotted me early on and kept all conversation with his client down the hall away from me.

But today, it wasn't Jim Faulkner not realizing I was standing there listening intently to every word and even doing some lip reading: it was Steve Muni, a deputy attorney general with state medi-cal fraud office.

While I standing there watching Gwen Hughes adjust her gloves she uses for her wheelchair, her attorney, Bruce Blythe came out of the courtroom with another man, unidentified at the time, and they began chatting like friends.

I'd seen and listened to Bruce Blythe in the hall of the court last time I was there, in September, he didn't seem to be quite as friendly nor was he beaming and grinning from ear to ear.

So, noticing the blushing Blythe I turned my attention to whatever was making him so darn happy. He even turned and waved at his client who was stuck out in the hall.

As I listened to the conversation I realized something was happening in that the defendants and their attorneys were so pliable as to waive their rights to a speedy trial. All three defendants did this.

Why would you do that unless there will be some plea bargaining out.

The reason given for the continuance was that the attorneys for Pormir were going to be in court during this time frame.

That doesn't make much sense either unless you happen to overhear a conversation in the hall.

After we saw the judge

We all filed into the courtroom and the judge, I'll get her name for you since she seems to think it's okay to let elder abuse defendant, Pam Ott, swing in like she was getting a quick lunch, without bail, or a truly practical set of specific parameters.

The judge didn't look at Ott as being an imminent threat, but she is more of a threat than the other two.

Though Ott is not charged for what she did to the employees at the hospital, or the defamation of all who opposed her, she is not only a threat to the elderly but to those who would disagree or expose her bad deeds.

And she can lead people down the wrong path, expound a faulty philosophy, lie to a whole community: yet, she isn't a threat.

I do give credit to the woman from the Board of Registered Nursing who gave the judge a round of why Ott should have to check in before being employed in any "leadership" role. I agree. And, sorry I didn't catch the name of this woman, but she seemed to be the only one making sense today.

The judge, of course, fluffed up her power and denied the Board of Nursing's request.

Now the Board of Nursing has a complaint filed by me personally, as Ott claimed to be a "Nurse Practioner" which is much different than being a Registered Nurse, which is the license she has on file.

I have an email where Ott claims these extra credentials which I sent to the Board of Nursing with my complaint.

So, Ott allowed a stranger, a new director of nursing to run the nursing center. The CNO, Brucker, did the same thing. They covered it up, which many people can testify to. And before the proverbial meltdown occurred, the CNO left her position and a few months later Ott ran out the door.

Elderly residents at the very least were not given proper attention which may have been more the reason that there were allegedly untimely deaths. Not staffing the necessary amount of staff is bad enough, but it's the kind of staff that counts: it's the nurse's aides who are closest to the patients.

Hello Mr. Muni, I'm Laura Hart

After court the players in the game the state and the attorneys headed out the courtroom door with me in chase, looking for Steve Muni.

I introduced myself, which of course, made him irritated because now he knew who the person was who was so interested in his conversation with the defense attorney for Hughes.

I asked a few questions about the continuance which he said had to do with Dr. Pormir's attorney's schedules.

I said what will happen at this status conference, why are they having it before the preliminary hearing?

Muni told me, "somebody could plead out."

The next question was were we (the state) ready to go to trial.

"we're always prepared to go to trial," he said.

Pam Ott pacing up and down the hall

She must have passed me at least four times, as Ott waited outside the court room, while attorneys piled up on the inside. She never looked at me, though I did smile and said hello. (just trying to be polite)

She seemed to be in a good mood, but still would not look ovedr at me.

Come Jan.5 we will find out if the state is ready to go for trial and if they are going to add other defendants and charges.

I'm not soo sure we should get our hopes up on this be disappointed.

Board of Directors reular monthly board meeting will be held tomrrow night, Nov. 4 at 5:30 pm in the hospital cafeteria.

With all the informtion out there about the pharmacy, we will hopefully hear about the hospital's new strategy, the employees situation, and what to do about Cheif Financial Officer, Chet Beedle.

Ask questions get answers (even though so many have been lies, still do it)as it will prove time and again that the hospital administrators and some board members are not telling the truth.

The Department of Justice interviews former KVHD CEO, Pam Ott

Former Kern Valley Healthcare District, CEO, Pam Ott, pictured here, in Oct. 2006.





Ott now under investigation by the Department of Justice for her role in the skilled nursing facility scandal which has lead to three indictments.

In 2007, after Ott stepped down as CEO and SNF administrator, she was interviewed by the investigators from the DOJ.

Below is the document, and you can click on it to read it.

Let's go through this report together and see what we come up with. I will add information about the report as we go along.

May 27, 2008 (is that the correct date, DOJ? It took a year to even interview her?)
First line, take note of the fact that she is described as the CEO and administrator.
In fact she signed most of the annual Center for Medicaid Services survey reports, and would have overall responsibility for the operations of the nursing center.
The law requires administrators to be responsible for the overall reporting for nursing centers.

What else do we have here. "Ott stated that the nurses came to her to voice their concerns with Hughes being rude and cruel to the staff, but was never made aware of the psychotropic medications being used or Hughes threatening staff for refusal to administer these medications." (Oh, yes she was made aware of the medications along with others too)

Oh, I beg to differ. But in fact, Ott brushed off many complaints from staff long before January 2007. But again she was busy selling a general obligation bond to the community, and the problems with the nursing center were set aside. Nurses came in Oct. 2006 to speak to her and the KVHD board about short staffing and as you see in the Urban Legend post, she called them a "pack of wolves." (next post, documents Pam Ott and others may want to forget)

The issue in this interview is skilled nursing facility resident, Louise Zimmerman, who, from what I understand died a few months ago. Zimmerman, was alleged to have been given a "forceful" injection of Risperdol, and antipsychotic drug, without the resident's consent.

It goes on to say that Ott conducted an internal investigation (Just like the fox investigated the henhouse) and found that Zimmerman had been "biting, kicking, and hitting others..."

Louise Zimmerman stayed in her room, she wouldn't come out to eat, and she would only eat if a nurse's aide came to her room and sat with her encouraging her to eat. That care requires that staff have time to feed her. And without enough staff, this may have been more of an issue than Risperdal when it came to her health and well being.

Zimmerman had also left her call light on all the time, demanding nurses come into her room.

Though she recieved a lot of pictures and letters from friends, she had no visitors to speak of, except for someone from social services. She made a lot of complaints to the state, being unhappy with her situation.

But my information on the resident shows she had minor violence issues, such as hitting a nurse, or throwing her food trays. Nothing I found reports that she was biting or kicking. However, that's what Ott's internal investigation found.

The last line in the report, seems like a Freudian slip to me. Sometimes we can't help it when our conscience speaks truth without us knowing it.

Regarding the injection of Risperdal, Ott stated she considered the incident, "elder abuse at the highest level."
Oh, yes, there's the truth. And who was at the highest level? The CEO/administrator, Pam Ott.


Ott interview with state investigators.


It includes Ott's own investigation, of what, herself. No, it was now time to scapegoat others.

Gwen Hughes, arrived in Aug. 2006, the new Director of Nursing in the skilled nursing facility.

We were told Hughes had more than 30 years experience in geriatrics, though the indictments say her experience was with psychiatric issues.