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.

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.

Kern County Grand Jury: KVHD CEO says investigation took place...from my complaint? Or it was a review?

"I admit we do mostly blood and guts..." John from the Kern County Grand Jury's office answered when I asked him how many white collar crime cases they have investigated in this county when I contacted the agency this past June.

I don't think it's any secret that I have stated that I have evidence of wrongdoing on the part of several persons at the Kern Valley Healthcare District. I have also stated on this blog that this blog does NOT contain all of the evidential materials I have collected over the last four years.

So, when I was apprised that there was a supposed grand jury investigation by a board member at the end of July, actually I was accused of turning this person into law enforcement, I didn't really quite believe it or it would have been right here on this blog.

At least one more reference was made by another board member that I was attacking this person. I explained to this other board member that I was not doing this as there must be some misinformation going on or it was someone else.

However, over this holiday weekend, I was again contacted by the first board member, and was again told that I made a complaint against him and the hospital with the grand jury of this grand county. He told me that the grand jury believed he had "the district in mind." ???

I read this correspondence with new eyes, as I realized there was something oddly defensive and defiant in the tone. My feeling is if you have nothing to hide; you have nothing to worry about. Now the question for me became why is he saying this? This lead me to contact the hospital immediately to find out if this was true or not.

(Saying the GJ believes you, as he said, isn't exactly a badge of honor, as the Grand Jury let it all slip away in 2007 as they also believed former KVHD CEO, Pam Ott, CFO, Chet Beedle, board members Bob Jamison, Brad Armstrong, Barbara Casas, (the sticky three quorum) rather than the evidence and witnesses surrounding the nursing center elder abuse case associated with other misdeeds. I will request that 2007 report as it should be able to be accessed by the public.)

Though I had explained to this person what I'm going to tell you and all of Kern County is that I was told over the phone in June I didn't have a case, before they saw any evidence. How that can be done?

I think it needs to be explained in detail by this county what really has occurred in both of these cases. I will get the report from 2007 and we will see what other information is currently available.

This wasn't the first visit from the GJ

The Kern County Grand Jury was called out by me and others based on witness statements in 2007 regarding Pamela Ott, the former CEO, who is going to court to answer to 8 counts of elder abuse charges on October 15 at the Kern County Superior Court, brought about by the State Attorney General's office, NOT the GJ.

What sort of job did the Grand Ol' Jury do at that point? Do you now feel safe knowing that they were here, had dozens of witnesses, but walked away and sided with the perpetrators and not the victims?

Really though what sort of job have any of these oversight agencies done to protect you and your family's safety at the Kern Valley Healthcare District? This must be addressed as we pay these agencies with our tax dollars to do a job, same with the hospital, which is a public healthcare district.

I have a statement, somewhat confusing, read it carefully, confirming with KVHD CEO, Tim McGlew, that there may have been a Grand Jury investigation that began in July, 2010. But it also says it was a "review."



CEO, Tim McGlew, pictured here
asking a question from KVHD
board counsel, Scott Nave, at
the Arpil 2010 general meeting
of the board of directors...




Laura,

In answer to your question, we received a number of calls from the Grand Jury sometime towards the end of July, beginning of August. The calls were in regards to a complaint they indicated they had received. We responded to their questions. About the first week of August, both Chet and I were asked to come separately to meet with the Grand Jury in Bakersfield. The group had more questions they wanted to ask. We were told that we were not allowed to discuss the meeting with anyone. It was explained that their review was a part of their responsibility to understand the workings of county organizations. The Grand Jury has finished their work, and will be releasing a report soon. They are appreciative of the District’s efforts. I suggest that you wait until the report is released to get your questions answered as to content.


From my understanding you knew this activity was going on. It was the reason you personally came to apologize to me for what was coming down the road. This was a similar action that you apparently made with a number of other people as well. I’m not sure why you are surprised. I’ve told you repeatedly that I would be willing to sit down with you to discuss your issues and concerns, but you have failed to take me up on my invitations, but you continue to demand explanations. I wish there was a more productive way to get the truth out to the people of the Kern River Valley.

Tim

(Oh, it's a county review? No, it's an investigation I knew about? Which is it? Bizarre. Either way I have wanted to address what happened with the GJ anyway, so good timing.)

Who is fooling who?

Hello to John from the Kern County Grand Jury's office: If part of Mr. McGlew's official statement is true, the part where I shouldn't be surprised about a review or investigation, how did you have an investigation based on my alleged complaint when I was told by you I didn't have a case five days after you provided me information on building a case and gave me the names of different agencies to contact?

And most certainly how did you have an investigation with my name on it when you don't even have my evidence? I would think that would be a little tough since I never gave you anything did I?

Show me my evidence John? Did I miss your phone calls? Was there a letter sent to me or an investigator as you did in 2007?

In fact, the investigators business card strangely enough fell out of some papers I was perusing last week: how convenient.

And I took copious notes during our phone conversations which are sitting next to me for the follow up stories which will be coming as I want to make sure that we are now talking truth as it's the only tool I have.

The hospital administration can and has before blamed and denied to protect themselves. But as I told the CFO last week, just because you deny it doesn't make it untrue. (It was the case I reported to Tim about Chet's turnaround regarding the hospital's financial status. Beedle denied saying it on film and I transcribed it and reported it to Tim. In fact, you will see Tim's reason for not "investigating" coming up.)

There is so much material to share that I can only say I feel like being very generous now.

Then maybe the grand jury will have something to think about or even know what questions to ask, as McGlew said they were questioned in Bakersfield. About what? Is it a review or not?

I'm going to carefully take this story one item at a time, and back it up for you the public to see and evaluate for yourselves.

The public relies on the justice system, but I'm here to tell you, we may be fooling ourselves thinking there's a fair game going on. The GJ obviously didn't want to hear from me, obtain my evidence, or even notify me they were planning an investigation based on "something" we don't know about thus far. Yet, according to the CEO, they plan on putting MY NAME on this complaint and within a report?

I don't' think so. If they want to investigate MY ACTUAL COMPLAINT which they didn't in June, then they will have to see my evidence, watch my videos, take a statement from me under oath, and I would be happy to do it for them. But they made it clear they weren't interested so I went elsewhere.

I did the same thing with McGlew as I can PROVE I reported many things to him which were never addressed. I'm still waiting to hear all about the "construction committee" which was run by Bob Jamison. I shared my concerns but "failed" to find someone who cared about the situations.

(Now to be clear, this initial report is ONLY based on the CEO, Tim McGlew's statement, and my contact with two board members, as I didn't get a response yesterday until after hours. I will get in touch with the county for a response to the hospital's statement.)

Coming up: McGlew's accusations about me

rebuttal to his statements with evidence

The story of two phone calls to "John" at the Kern Co. Grand Jury office

Why can't we count on law enforcement? The stories behind the scenes

It costs money to do an investigation: what will they spend on you?

Also, to those who contacted me about the mass mail I sent out last week regarding grants and loans for rural and critical care hospitals not taken advantage of by KVHD, the issue will be addressed as soon as I finish this "breaking" story.

And a response from KVHD CEO, Chet Beedle, who says the hospital has a surplus of funds...and they are NOT hanging by a string financially. So, what is this bond really about?

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...

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...

Broken News: Elder Case set for preliminary hearings June 22 and June 23; of this year I hope...

Preliminary information has the three defendants in the Kern Valley Healthcare district elder abuse case in court today, and the preliminary hearing is finally set, for late June, when summer school begins.

(Gosh, they have to have summer school, we did well during the regular school year to avoid that very thing)

I'm sure there are more details, and I'll be back later when i find them.

The only regret I have is that I didn't throw on my Nikes and appear in court to find the latest attorney in the case, Donald Etra.

But if this information is correct and the preliminary hearing is set, then we may have a chance to see this case "spilled" in court. I would love it. I would only hope that other witnesses from the hospital would appear, or actually a nice thick subpoena would be delivered to those who thought they could escape their responsibility.

I apologize, as I leap ahead, but I didn't spend the last four years of my life studying, researching, writing to see the culprits skitter under the floorboards to escape.

More later...

They're just like twins, except one is nattily dressed and the other can't afford a diaper: Sierra Kings in Reedley CA

It Swings at Sierra Kings...

I must say I do enjoy reading the Reedley Exponent, a small town "news" paper with a little bite left in it. (internet newspaper, which I like)
Of course, readers of this blog have come to know Reedley and Sierra Kings District Hospital as the hide out for elder abuse charged, former, local CEO, Pamela Ott.

After Ott hit the road in 2007, skidding out of the way of the SWAT team on it's way into our beloved Kern Valley Healthcare District, attempting a rescue or an investigation, but Ott got up the road a ways to Sierra Kings in Reedley.

Still noted in state Department of Justice criminal charges as a witness, Ott, stayed on at Sierra Kings, utilizing the same architects we saw here at KVHD, Aspen Street.

Aspen Street which never lifted a piece of lumber onto our hallowed grounds in the Kern River Valley, managed to put together some architecture for the people of Reedley, who recently toured the new addition.

However, Aspen Street hasn't been so lucky in it's old home of Tehachapi, where the last this reporter heard, there were tiny footfalls of attorneys about. But I did also hear from a legal type here at KVHD, that Aspen has been doing work for the military.

(The sound you heard was me laughing. More on the Aspen street military projects and the Tehachapi problems.)

So, Ott caught up with Aspen at Sierra and prior to her sudden departure last June when the Attorney General's office charged her with elder abuse, Sierra Kings was on it's way down, to bankruptcy.

And now so are we

After hearing about the hospital's financial stability in 2006, the skilled nursing facilities wonderful and humane services, the new services just waiting to be born at KVHD, it's an amazing downhill slide to see a business so important to the community take this nosedive.

But as I've explained the nosedive occurred twenty five years ago when the hospital went into debt. After the debt and the mangled construction project, there was no where to go but down.

At last months' Kern Valley Healthcare District's board meeting, I asked the financial manager, who has finally admitted to the fact that the hospital has not been properly billing for many years thus decreasing actual intake versus projected monies, why a bill for little more than eight dollars was sent out?

He said we need every dime we can get.

However, the CEO, Tim McGlew, absent from last month's finance committee meeting as well as the Feb. board meeting, did address that issue saying it is not necessarily the strategy to take as it costs more to try and bring in that small amount of money.

I always feel thankful when some reason appears on the scene at the hospital.

However, the financial situation is getting to the point of making all of us nervous. Chet Beedle told us again we would not be able to pay the August payment to Cal Mtg., the state insurer of the district's revenue bonds, and therefore the future is anything but assured.

Now, we look at our twin, I'm calling it that just to be funny, but it is odd about Ott. Anyway, they have been roiling with debt, eaten up by cutbacks, just like any other rural community hospital, it's tough out there.

But they brought in a consultant firm straight off the ACHD site HFS Consultants (Association of California Healthcare Districts, an advocacy group for rural hospitals) and an interim, CEO, Sandy Haskins, who has been doing a similar backtracking of the billing issues there.

According to the Reedley Exponent, the hospital is going back several years and offering a deal to reduce the debt by 40% if it is paid off within a month. Haskins doesn't expect to get back all the monies owed, therefore, the option is making it easier for the consumer to pay off the debt rather than write it off, keep their credit standing, and the hospital will then be able to show some cash towards it's efforts.

They are also sending out three mailing attempts to get the deal going, but they may have problems with the age of the debt, as the older they are, people have changed situations. And people probably have accrued others during this time as well.

But it's an attempt at getting money in the coffers of that hospital and fast.

They called a special meeting to make a report

And what makes it even more interesting was how Sierra Kings or actually HFS handled the situation by communicating with it's active and interested public.

They had a special meeting and gave a report of the "plan" taking place and where it was at and where it was expected to go.

That feels like bliss to me. Hospital districts offering information. I have requests into KVHD that go back three or four months. I don't complain, I collect and record. What else can I do? Barge through the doors with a hand held copier and bottle of mace?

And then there's the reporting on "non labor" expenses and supplies. Here at KVHD we talk about "variable" expenses which very much include labor and the ability to maintain it. Not having that much more luck than we used to.

I know, I hear the propaganda too, but there is still a problem with staffing at the hospital and now, the lives and paychecks of pharmacy employees have been altered too.

There's nothing like knowing jobs with retirement are on the decrease, and rarely turn out that way.

Chet Beedle the financial manager who likes to talk about and in volume, is looking to retire from KVHD.

So, were nurses and other employees I have known throughout the years looking forward to the phantom retirement plan.

We have yet to have a special meeting and talk about these collection and staffing matters. KVHD has been remiss in it's communication as it is having it's own problems understanding why the ice cream cone is melting.

We need to ask Chet Beedle. We need to ask two members of the board, and then we need to ask ourselves if we are willing to pay it forward for this hospital in the form of property or sales taxes.

They seem to be studying

Over at the well dressed Reedley hospital, the special meeting pointed out potential savings, not a lot, but enough, 150 thousand eventually. That is a lot and can be used for other purposes.

Now here at KVHD, we squandered half that money, 60K on a public relations firm which did nothing except end a contract with sixty thousand more than they started.

We have squandered our money. The records are lousy with terrible ideas which never came to fruition. And good ideas which didn't come to fruition either.

But it's the attitude I like about what is happening at Sierra Kings, they are including the community. They know they have something very important in that hospital, with it's new wing, that they need to walk carefully in these dark economic times.

KVHD is a cesspool of mismanagement to this day. Yes, there have been improvements in many areas. But it's the idea that we are hounding people for $8, when we should do a mailing or something like that to get people back in the system, paying again.

Might start with calling charity care, by another name. That won't fly. All government agencies need to get it, people, by and large want to work, but they need help to get there sometimes. If there are interim programs people will be more willing to sign up for that rather than, a your so poor you qualify for a Ukranian insurance policy.

Collections, taxes, general obligation bonds, these are the buzz words of your future KRV. Get to the meetings, get on the internet and research, and let's keep this hospital open and going.

Our elder abuse past will soon be behind us, maybe even next month, if the right plea deals are handed out and the cuffs are unlocked from the others who don't deserve them. The civil cases will get settled sooner and that will no longer play with Diane Sawyer on ABC "Where in the World did you get that news from" again.

Those who think this valley is going to stay around with inaction on the part of the community will be surprised how quickly things sink in quick sand or roll down hill. Think fast....here it comes.

Part three: Bob Jamison and QAB/sexual harassment too?/court date with the media Feb. 3

The never-ending story:

As if the Kern Valley Healthcare District story with the elder abuse, the bullying of employees and even board members, the use of small town media to cover some bad deeds indeed, I have brought another element to light and that is sexual harassment.

As I've described to you over the course of more than a year of writing this blog, that it would all come down to the fact that I've collected information and evidence, some of which is uncomfortable, yet the truth.

Nobody was comfortable in March of 2007 when I grabbed my bugle and began to play revievelle to a sleepy community unwilling to be awakened by matters such as public safety issues within the publicly run healthcare district, hospital which may have hastened the passing of residents of the nursing center.

At the time I began to bring in evidence and tell the story which continued and still continues to this day, about the mismanagement leading to, at the very least, mistreatment of people and more sickening, the weak, the infirm, the eldery, which we have now established DID occur under our noses, with the help of many, in our community and in our hospital.

The fight in early 2007 was the fact that there was a problem and who and what was causing it, was only in question. Very few would believe this could happen.

Because of certain circumstances and let's say it, priorities, the media in our valley put out confusing messages, one hoping to hold on to it's advertising, afraid to believe it was not as bad as it seemed; the other, willing to completely offer it's media services to a "resigning" CEO, who would be the first administrator out the door as the nursing center was approached being a safety hazard the state would have to close down.

Now, after the Department of Justice came through, a little late, but they at least showed up, which cannot be said for other agencies, such as the Grand Jury, who had early access to evidence which could have been seized in 2007, rather than a year later after the shredder was paid off.

And I don't know what the story is with the Department of Public Health, but several of us had an appointment to peruse public records regarding the hospital nursing center investigation, (the records are most likely in the hands of the state for their "potential" criminal trial) last April 2nd, and then were actually avoided for a full year.

Wow, the government, when they want to get you off their back, (because I'm just a small fly, a gadfly, and they know there is nothing I personally can do, except what I have been doing: telling the truth and following it up with evidence) they just laugh at you and ignore you.

I'm really a nothing in the big scheme of things. But because I don't believe any of us should be walking around thinking we are victims, acting as if we are victims thus ignoring the potential to act and solve problems: I just keep going.

We have reached another level to this now, where I am going to utilize our court system, part of the greater justice system: Small Claims court.

What tools do I have to use? Not many, my friends, but I will use them all until this is settled.

And because I said last year that I believed strongly that both the Kern Valley Sun Newspaper and more overtly, QAB media, owners of four radio channels, and access to the web and at one time, using the affiliate ABC radio news at the end of blogs authored by Bob Jamison, meant to attack maliciously without supportive information.

But even more sinister, has been the use of the station all the way up to the election, when Mr. Jamison, with a straight face, used his radio station to campaign for himself for board of directors at the hospital.

That particular program caused my phone to ring, as Jamison got off some personal attacks against the other candidates. Which I guess, if you don't embarass easily, is legal, but certainly an unwelcome example of small town politics.

I thank God the part of the scenario where the truth was just in our imaginations, there was no crime taking place, we didn't really get emails saying those things, nobody lied, and on and on.

Now it's the aftermath, however, we need to bring ourselves to that understanding so we can begin the clean up.

And I'm afraid what we have now, is more about how it happened, a disagreement between many people about how this poisonous situation took place.

I have put in front of you evidence which I believe supports a true conspiracy of top administrators, board members, the local media, and dare I say it, but an egregious example of the inefficiency of the many government agencies.

Next week the media in small claims court

Subject: sexual harassment

As I have been gathering all my evidence together to bring with me to court next week, and funny enough, the February 3rd board meeting date as well,

I am pleased to have my own opportunity to tell my story and show my evidence, and stand up for what I believe in, even if it is only in the smallest court we have.

Other people are out there punching it out, pointing guns at others, maybe even making threats, enjoying some slanderous or salamanderous moments at the expense of others, but I prefer to use truth and the avenues open to the average person (sans the attorneys) to do my work.

And as I've told everyone who has helped with this fight, this has never been about me, it is about all of us, and some of us like to talk the talk, while others can walk the walk.

So here's another subject that needs to be addressed for every young woman or man who has felt oppressive sexual advances connected to non-sexual situations such as a job.

As I will address in court next Wed. Feb. 3 at 3 pm in the Lake Isabella courthouse, prior to Mr. Jamison becoming overtly sexual in our conversations regarding my request to work with the radio station, as we had already set up situations where I called into the talk show Jamison, things were fine.

However, the more I was interested in the idea of doing a radio show, the more he was interested in meeting me for lunch or rambling on about strange, then eventually sexual things in our conversations.

This is a classical harassment set up, as opposed to just some sexual jokes or remarks.

Each time I had an idea about the show, which is what I was put through creating the show and ideas: it became an invitation or a phone call.

Eventually, I knew that there was no way the situation would work out, as Mr. Jamison wanted more than a side kick for his talk show.

But then there is the issue too that Jamison clouded the airwaves for months regarding the allegations of elder abuse, brown act violations, slander and defamation, conflict of interest, and I guess, I'm throwing it in there, sexual harassment to set off the whole ugly story.

I think after this is over, in Superior court and even small claims court, we will hopefully have learned how to be the example, walk the walk, and not be afraid to say that some is "WRONG" very, very wrong.

The media attacked my name and reputation in a malacious manner, but they also gave the community an example that the media cannot be counted on to take on serious and even grave situations such as what has occurred here in this valley. And nothing has changed in that regard.

The community: They call me about the high school, college community services, the rural health clinic, the water pollution, the racism, need for more classes at the college, the situations with their children...because they know I care and won't look the other way.

I can't get to everything, but I'm here watching...You can count on it.

Jamison E-mail:

From: Bob Jamison >

To: Laura Hart >

Date: Tue, 19 Sep 2006

14:51:09 -0700 (PDT)

Hi Laura,

Haven't heard anything else. At this point I do not intend to persue the matter further, as I think I got my point across to the subject agency on air.

As far as what we talked about after the show, I will tell you that like many people in the entertainment industry, I have a vivid imagination. In addition to listening to your words while we were on air, I was also keenly aware of the direction you seemed to want to go, but would not. We both have strong personalities and I can invision any number of situations that could result from two such people doing anything together. The result could be dynamic, exciting... the adjectives are nearly endless. It could also easily spin out of control.

Toward the latter, I must learn to stop imagining what people are waring when I am talking to them via phone from their home. I'm guessing that my vision of you setting in a chair in you pajamas drinking a glass of soy juice was more than likely inaccurate.

That's one of the things I love about radio, there is always enough room left for the imagination. TV, on the other hand, leaves no room for that.

Excuse me, I think I just inhaled my tie. Talk to you later.
Bob.

The Bob Jamison story: board member, radio talk show host, defames and defends using the media as his weapon...

Big claims in a small court

Bob Jamison, rural radio wrangler, public healthcare district "trustee," shown here not answering my questions at a KVHD board meeting.

Let us begin the story of how two media outlets, one with an advertising contract to protect, and the other in a dual role reporting news but other role as publicly elected board member of the Kern Valley Healthcare District.

I've blogged my criticisms as to the situation here in the Kern River Valley, an insular community, in the mountains and surrounding the lake with the leaky damn, Lake Isabella.

This community was rocked by claims of elder abuse in it's only hospital last year, part of the Kern Valley Healthcare District, a public district, with elected board members, who were working not so much together, more as a quorum.

In this blog, these three board members are known as "the sticky three" as they stuck together during any situation when one were challenged, such as the one we are talking about now, Mr. Bob Jamison, radio star and healthcare district official, an interesting combination.

He was the talk of the town

When I first came along in 2005, covering the district for the only other local "news" paper, Mr. Jamison, was freely covering whatever he liked as far as news coverage, and his sharp angles he put on the hospital stories was a first for me.

During 2006, Jamison came in handy, as the hospital was throwing together a general obligation bond party hoping to get 12.5 million from the community, replacing the acute care wing outside the cafeteria, atop the grassy knoll, which turned out to be a bad place as a leech line was the obstruction to that plan.

When the going got tough one left the other howled

By the end of 2006 many things had gone wrong at the hospital, particularly in the nursing center, where several patients were alleged to have received improper drugs, and a California Attorney General, Jerry Brown, recently repeated that drugs were being given like candy to restrain the patients.

The employees didn't trust the administrators, or the board, with two exceptions, who became the first targets for board member and radio entertainer, Bob Jamison.

Here is a blog Jamison put up on the QAB LLC website, also including the name of ABC news radio, but this one wasn't to be about me: this one was about the other two board members who didn't ride with the quorum, Robert and Kathryn Knight.

Robert Knight was on the board, but when his wife Kay won a seat at the end of 2006, Jamison didn't take well to that, and began his own attacks.

Email to me alerting me to look at his work of defamation he had put up on the radio company's website. He seems shocked that nobody has caught on to his games or that nobody appreciated this clever ploy to put the blog up and take it down before anyone would know.

Here he attacks Bob and Kay Knight, demeaning their criticism of the hospital's plan to throw an architectural design together and hope that the monies from the community would pay for it. In the end, the community was eventually told that the money would not have been enough to complete the project, or a plan that couldn't be completed.

The email, the blog, and the photo

----- Original Message -----
From: Jamison
To: Laura Hart
Sent: Tuesday, February 13, 2007 9:52 AM
Subject: Re: did you...

You mean I slave every day writing this stuff, working my fingers to the bone, trying to keep the public informed of the facts, all the facts, and nothing but the facts, and your not even reading it? Lets just say... certain members of hospital management sometimes refer to me as "Huevos Maximus". It was on the website for two days.

Bob

(This fake resolution below was created by a friend of Jamison's and also the husband of former board member, JoAnn Jones. Jones husband ran for the board and lost, but was apparently busy doing some fun photoshop work for Mr. Jamison.)

Resolution No. 07-01
BEFORE THE BOARD OF DIRECTORS
OF THE KERN VALLEY HEALTHCARE DISTRICT
OF KERN COUNTY
STATE OF CALIFORNIA


WHEREAS, the Board recognizes the diligence of Mr. Knight in pursuing his mission to curtail the financial viability of the district, even in the face of the reprehensibly honest, above board and competent tactics of the remainder of the Board and district administration to neutralize the harmful effects of Mr. Knight’s actions.

WHEREAS, the Board applauds Mr. Knight’s actions to defeat Measure M. While some would characterize those actions as evidence of a weak character, smarmy disingenuousness and a predilection towards self serving unethical behavior, the Board recognizes Mr. Knight’s laudable motivation: he did it for the district staff. Mr. Knight, and only Mr. Knight, recognized the unacceptable negative impact the passage of Measure M, and the threatening 21st Century medical treatments and practitioners that passage would bring, could have on staff.

WHEREAS, the Board recognizes the foresight of both Mr. and Mrs. Knight to enhance the friction between the minority of board members and district administration by promising district funds to purchase the votes of district staff for Mrs. Knight.

NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Kern Valley Health Care District as follows:

Section 1. Recitals. All of the foregoing recitals are true.

Section 2. Dedication of New Acute Care and Emergency Services Wing. The Board does hereby order and request that the extant Acute Care and Emergency Services building be razed, and replaced by a facility that reflects the positive contribution that the Knights have and will make to the betterment of the district. Further, this new facility is ordered to be dedicated as the “Bob and Kay Knight Acute Care and Emergency Services Wing of the Kern Valley Hospital”. An artist conception of this new wing is attached.

Next up: Jamison brings former CEO, Pamela Ott, onto the radio show for an hour while she explains that she knew that medications were properly administered, as there were "bubble wrap" containers left over, meaning to the top administrator of a public healthcare district that was good enough for her to see an empty container lying about or in the trash. I guess solid proof of the medications were given safely and properly.

We wanted equal time and wrote a request to the owner for that time that Ott was allowed on the radio to make her last stand at Jamison's "tower of power."

I call it Jamison, but the responsibility for truth in news and radio would be the owner's themselves as well, as they did nothing to stop the conflict of interest and the defaming practices.

Then the story gets more graphic and moves on to when I had asked for a job at the station, but got the run around, along with some unwanted attention.

The QAB and Bob Jamison story begins as we have a date in small claims court here in the valley coming up soon. And the Kern Valley Sun Newspaper story will begin as we will be seeing them in court too. It's the year of accountability...

Part One: Breaking News: A new political spin on the Kern Valley Healthcare District Case? Who is Donald Etra and how did ABC get involved? And some background...

The KVHD "elder abuse" case and the ABC News media abuse case

In the last four years of this investigation into the wrongdoings at the Kern Valley healthcare district which includes not only elder abuse (which is a general term not specific to chemical restraints), but other crimes such as "Brown Act" violations by three members of the board of directors; targeting employees for unwarranted termination because they wanted to tell the truth about the elder abuse caused by short staffing and peculiar new drugs being used by the Director of Nursing; a previous policy that reduced staff and pay leaving the skilled nursing facility understaffed and overworked (and patients underfed and underweight, according to government documents); use of the only local radio outlet to disseminate falsehoods regarding the situation at the hospital by a board member and disc jockey and CEO; a CEO without proper credentials who was in charge and giving orders to the management of the nursing facility; same CEO, Pamela Ott, misrepresented her credentials, claiming to be a nurse practitioner; threats from the CEO, Ott and board member, radio jock, Bob Jamison, (running off the ABC logo) of lawsuits against all who disagreed; malicious defamation, lies and deceit round off the list of incredible truths the have taken place in our rural, public hospital.

(Phhhew! That's some list for you, and I even left a few things out for brevity sake.)

Recently ABC News took up their own story of the Kern Valley Healthcare District, running a national news story on the day that defendants in the "elder abuse" criminal case went to court last week, Jan. 5, in the Kern County Superior Court.

It was simply a continuance of the matter last week in court as one of the defendants changed attorneys in the case and needed time to catch up on events, so the date was pushed out until March 9.

But as nothing is as it seems in this case, the attorney for Dr. Hoshang Pormir in the criminal matter is now not just any attorney, but we have a political celebrity in our midst with Donald Etra.

(Yeah, me too, I didn't know who Etra was and even went on to make a few cute remarks about his name, extra and et cetera, and even commented that he must be really "high powered" if he uses an "AOL" email address.)

That was until I received an email with a story about our new player. (I'm really good at looking stupid, so this is nothing new for me.)

As I gazed upon a picture of Donald Etra and his wife, Paula, posing at Camp David with friends, George and Laura Bush, I knew this was going to get even stranger. I closed the email and began my own search which lead me to several articles and even a site called "mucketymucks" which links celebrities to other people, like Etra is linked to Snoopdog and Fran Drescher too. (weee..)

More interesting is Etra's politics which he is purported to have called himself a liberal democrat. Not unusual except that he is supposedly a good friend and supporter of conservative democrat, George W. Bush.

He was a consumer advocate working as Ralph Nader's attorney, according to several of the articles I have read so far. (Interesting that he would be on this side of the case as a consumer advocate, but Mr. Etra is also known for defending death row criminals, according to background information contained on several different internet sites.)

Politics has come to this case, but it is bigger than I thought, as it would be very easy, or I should say, is easy to get your name out there on a "shock value" story such as the one being told by the attorney general of the state of California, Jerry Brown.

Could our elder abuse case get him elected to the governor's mansion? Again?

However, let's start with some background on the case, unlike ABC news, which we will deal with shortly, so we can catch up to this ever changing story which is occurring right now, not almost four years ago Diane Sawyer...

Jerry Brown's scare job on chemical restraints

As some know, the use of psychotropic medications sometimes referred to as, "chemical restraints" when used in an institutionalized setting, are really two different issues entirely.

Psychotropic drugs are not unusual to find in nursing homes, rehabilitation centers, try calling around, they are part of the arsenal against the horrible nature of some of the geriatric illnesses such as Alzheimer's, dementia, Parkinson's disease, and other disorders which can make the elderly patients altered, frightened, and uncomfortable emotionally and physically.

And then you have the issue of medicating "violent" patients who are unaware in their psychosis that they are acting out and hurting staff and other patients. It's not really the patient him or herself, it's the diseases of age or injury which turn loving spouses, parents, grandparents, into raging, violent, out of control and sometime dangerous people.

It's a tough call as to how to treat these patients so they have their dignity, compassion and effective care for the last part of their lives.

Anyone who has had to take care of a grandparent or parent or even in certain cases younger people who have brain injuries or degenerative diseases, knows that it is a full time job and nothing about it is ever perfect.

My grandmother turned very violent, breaking windows, attacking people, and was too much for us to handle at home. We tried for a time, but it became dangerous for all involved.

So, we took my violent grandmother to a facility where she could be monitored and live peacefully with caring and professional people helping us with the situation.

She was immediately put on a drug, not used in this case, but one that could make people wonder if it was not a chemical restraint, "Haldol," which is an antipsychotic, not used much anymore, as newer, safer, drugs have come along to replace that generation of drugs.

My grandmother responded well to the drug, and was no longer violent, but was much more sleepy and tired but even occasionally smiled. My grandmother it was later found had Alzheimer's.

I'm glad they gave her the drugs, they made the last obviously horrible part of her life more tolerable. I would rather have seen her sleep then grapple with her invisible demons which would set her off into fear and violence.

The situation was though that my grandmother was 92 years old, and the drugs were going to have an effect which may have shortened her life. She lived to be 102 years old, ten years after she was psychotic and put on antipsychotic drugs.

We made that choice. I call it a choice as there is little alternative out there, but we knew and accepted the situation.

The choices are slim, and must be well thought out by a combination of family and medical staff working together to make the last days, months or years, (sometimes people live a long time in a vegetative state due to illnesses like Parkinson's and Alzheimer's.) as pleasant as they can be for "all" involved.

At KVHD there were no choices

But such as what happened here at the Kern Valley Healthcare District in 2006 was a breakdown in management systems, because the leader, the CEO, the administrator who signed off on the skilled nursing facility, did not have the background to be running that operation.

In fact, the credentials we have found to be true and correct, is that the CEO, Pam Ott, had a current registered nursing license in California which came from a Fresno City College degree she received, which was an AA, back in 1971.

Not only were the systems outdated and the procedures in place ineffective at the beginning of 2006, but families were being pushed out, not allowed to know what exactly was going on. They weren't given their choices.

It's not just about chemical restraints

A chemical restraint would be a medicine which reduces a patient's psychosis or altered thinking and behavior, thus allowing the patient more freedom from the symptoms and obviously allowing them the chance to be more interactive and even potentially able to help themselves again.

However, these drugs or any drugs should not to be used as a babysitter, which is what is being claimed in the criminal case here in the Kern River Valley.

In April of 2006, four months before the investigate period by the California Department of Justice, which includes August 2006 until January 2007, the Kern Valley Healthcare District was cited by investigators in the nursing center's annual survey by the Center for Medicare/Medicaid Services, CMS, for using "physical" restraints on the residents.

But that claim was not as ominous as the results of what was happening in the nursing center before the six month time period delineated by the Department of Justice, DOJ, office of Medi-cal fraud and elder abuse.

Months before the August start date of abuse (I guess that's what the state might call it) there is paperwork indicating the nursing center is short staffed, not fulfilling it's nurse to patient ratios, which obviously would cut back on the ability of the unit to properly monitor it's patients.

Indeed that was the case, as residents had lost significant amounts of weight, and were even noticeably dehydrated by the investigators from public health who do the annual evaluations for CMS on nursing centers.

(There are many pages from these reports on this blog. Please look up short staffing and physical restraints, it will give background, and actual documentation)

The administrators of the skilled nursing facility were also being questioned in April of 2006, as Pam Ott, CEO, did not have a Nursing Administrator's license, and indeed she did not need one in a facility where the nursing facility is part of the hospital.

But public health pushed that issue and Ott sent the inquiry to the hospital's board attorney, Scott Nave, who came back with the answer that Ott indeed didn't have to have those credentials to sign off as administrator of the SNF.

Ott, in a letter she signed to CMS, indicates that she is "not" the person in charge of the nursing facility: the person in charge is Sharon Brucker, RN, and former Cheif Nursing Officer.

Brucker has not been charged in the elder abuse case, though Ott was a late arrival, being brought in six months after the initial arrests of three defendants, a doctor, pharmacist and director of nursing, and according to the press office for the DOJ, the investigations are on-going.

You must have a DON

One of the corrections public health demanded of the hospital early in 2006, was the need for a Director of Nursing for the nursing home portion of the hospital.

At this point, according to employees of the time period in 2005/06, the previous director of nursing, who seemed to be well liked by the employees, left the employ of the hospital because of a disagreement he had with the CEO, Ott, and the Cheif Financial Officer, Chet Beedle, over paycuts and staffing problems.

Now this is according to several nurses who worked with this DON at the time, not from the hospital or the DON himself.

The hospital did not have Director of Nursing for the SNF, so public health insisted that KVHD hire one.

And Lucy Miller was transferred into the nursing center a week later.

Ott signed off that the hospital was in compliance by bringing in a DON.

Miller, didn't stay long, just long enough to comply with the state and federal mandates from the annual survey.

An ad in the classifieds

Miller left, or actually changed jobs within the hospital, and an ad came out shortly after, for a Director of Nursing for the SNF.

We, the media, the board of directors, heard that there was a new DON ready to take charge of the skilled nursing facility, Ott announced we were waiting and very excited about our new acquisition.

"She has more than 30 years with geriatric experience," Ott told us, and we were impressed.

In August of 2006, our new DON, came on, her name is Gwen Hughes. She is now charged with eight counts of elder abuse 368 B (1) and two counts of assault which was a result of medicating a resident against her will.

But in August 2006, Hughes was the hero, coming into a nursing center which had been recently beaten up by the state investigators over the use of the physical restraints, the short staffing, the lack of monitoring the weights of the patients, and even a few issues regarding medications, psychotropic.

"We are so lucky to get her," Ott told me as I was introduced to Hughes, who was in a wheelchair, and rather quiet as I asked some simple questions, like "what brings you to our little town?"

Hughes told us she had polio at one point in her life, but was still able to walk without her wheelchair, so we should not think it a miracle if she arose and began walking.

In conversations which were to follow the thing we kept hearing about Hughes from our CEO, (who herself, had funny credentials from a diploma mill called Kennedy/Western University, an on-line program, unaccredited, and not accepted in California,) was that Hughes was an expert in "geriatric medications."

(Now, how would she know an expert?)

Part two: the IDT team

Why Didn't Pam Ott get bail? I've asked the Department of Justice for a month. Please?

I was wearing red, white and blue

Since the moment, Pam Ott, former CEO/Administrator at the Kern Valley Healthcare District came charging out the court room doors where she plead innocent to eight counts of elder abuse, unencumbered by any jail type gear, I have been asking the question "why?"

(Free advertising for Yusef and his bail bond business. And of course, for those still left at KVHD, who might need his services...)

Now the first three defendants in the elder abuse case, spent time in jail, wore orange jumpsuits, and were given some steep bail amounts to pay.

I came home from court and called the Department of Justice press office and asked why Ott seemed to be given preferential treatment, which is not what she gave to the KVHD hospital residents or employees.

They were going to call me back. Then they did call me back, but left a message. Then we spoke, then we decided an email would be good. No email. It's the dance of the press and the keepers of information.

Week after week I have called and patiently waited to hear why our old perpetrator was given the "drive thru" treatment when it could be easily argued that she was the one who would most likely take flight.

Ott came into court, had her five minutes, and out she went.

Then her attorney, criminal defense guy, Jim Faulkner has been quoted as saying Miss Ott is "completely innocent," these charges are basically a bunch of unsubstantiated nothing.

Oh Jim.

I don't know if Faulkner has any idea the seriousness of these charges and the amount of witnesses there are against his client, but if I were him, I'd tone it down a bit until the whole story comes out.

But did Mr. Faulkner somehow influence the state to take it easy on his client?

Really, Ott sped out of town in May 2007, (that video is going to come up this week, and there are some really prophetic quotes in there) or at the end of May, there was some business to forget about before the departure...bzzzzzzzzz, whirrrrrrr, "you're fired."

So, I guess my naivety about these matters is apparent again.

There's been so much talk here that Ott "will not go to jail" or even be convicted, it seems like there's not much faith in our system to carry out its obligations.

And certainly allowing her the privileged, almost private, courtroom plea, didn't help to make believers out of us.

You know people need something to hang on to, see something done right with the right intentions. We have the chance now to make changes in this valley and at this hospital which will directly influence the character of this community.

We could use some help from above, in Sacramento, and prayers would be nice too.

Really, I was wearing my American ensemble from the Sears kid's department as I've shrunk, and the clothes are still hanging over the chair I left them on that day, waiting, for our government to live up to its end of this bargain.

I'll keep calling and get back to you that have inquired about the bail issue...

Accountability countdown to November elder abuse hearings: but who is accountable?

It's peculiar here

We live in a valley, a mountain top, an insular, isolated community situated above the hustle and bustle of city life which lies fifty miles down a twisted, dangerous canyon road.

What is peculiar about our situation here which makes it almost a "Land that Time Forgot, your manners" is that the information which comes in and out of here is generated by a machine. That machine runs off of a word previously discussed called, cronyism.

I narrowed that word to the situation at the Kern Valley Healthcare District, but I realized it runs rampant throughout this valley.

It's everywhere you find stagnation and lack of accountability.

Yes, I have some very ambitious plans in that I intend to prove on my blog, with the jurors being blog readers, who could be considered accountable and why such things that happened at our hospital were allowed to happen.

I had the dubious displeasure of recording Mr. Jamison's radio talk show this morning, though what I heard of it in the fifteen minutes before I promptly fell asleep (some of the best sleep in while, he's great for insomnia) was very interesting.

In fact, Mr. Jamison, announced the new website for the station, KCNQ.com. Just go there for all the news you can count on.

Really, could any of us count on the radio station or the board member who continues to commandeer his bully pulpit without taking any responsibility for the situation which occurred at KVHD?

Certainly not Jamison. He would have to be accountable for not only the problems at the hospital, but his subsequent overreactions and protecting the powers rather than the people.

See again, we all allow ourselves to be victims of the entrenched powers that be, the ones who give Jamison a venue for his personal torment and those who have to listen to it. It's not just Jamison.

No options up here.

They say turn the station if you don't like it. Okay, I will.

What's this?

There isn't anything else. That is what makes this situation different.

Now, yes, I agree, it's not like we're so cut off as to not know what is going on with other media outlets, but most likely we have only TV, which is just a video piece attached with two sentences, and a large newspaper down below which has just enough manpower to cover the two blocks around it's building.

And we know that internet service up here is archaic.

The options are limited as to local information. It's a bit of a "monopoly" here, wouldn't you say?

It used to be different

People will have you believe there were good old days, when news was news, but that never happened, and it never will, because it can't.

Walter Cronkite was a distinguished journalist, an almost American icon, or probably one now, though he just told it how he saw it.

We're all journalists, all of us have a story to tell, and all of us have a unique reference point from which we tell our stories.

Some people actually "hate" me, can you imagine that?

But they read me. And to me that is the biggest compliment.

When you tell your children about what you did as a child, those stories we all have that send the children packing from the room, then you learn about editing and editors.

The story you eventually read in the paper goes through a process, which in the end, gives us, the readers, a repeatedly filtered, perspective of whatever the writer is trying to say. And the politics of the machine the writer works for.

I am often sitting in front of many building blocks of a story deciding what should go where, what should be left out, what's the best stuff and what should be out front. One of the pet peeves of my editors and many readers, is that I like to save the best stuff for last. (There's a lot of foreplay in my stories and even my friends know now after years of listening to my litany of tales, that it will be worth the wait to let me set it all out and get you that punchline you so desire.)

If you notice, most news stories contain the most influential pieces of information within the first few paragraphs. That is because the reader is expected to cut you off at some point and grab onto another subject. This is standard practice in English classes everywhere to teach it this way.

I don't happen to like it, so that's not the way I do it. (I'm not a cookie cutter reporter anyway or we wouldn't be here right now.)

(I hope you're getting my point that there is more to come here to tie up all the loose ends and plot twists. And it may be worth your time to know that I have had only put up a fraction of what information and background I have collected.)

For me to have devoted this time to this monumental task without payment is all about using the tools of reporting and the nature of fairness to try and set straight a road that has been crooked for a long time.

I've used my own money, I've not been bought by anyone nor will I be, my own creativity, the technical knowledge of others, to try and bring some accountability to two different institutions here in the valley: the healthcare district and the media.

Distortion of information vital to public safety. I just made that up, but that could be the new media law. I like it, it sounds fitting to our particular situation.

What I have witnessed here in the valley by people in what would be considered "positions of power and responsibility," those caring for our parents and grandparents, those elected to serve, those dispensing information and calling it "news," those who employ people and put food on the table in many a home, breached all trust with this community.

Without batting an eye. (amazing)

Government officials, and that is what a Kern Valley Healthcare District board member is, and if that board member doesn't realize that then they shouldn't be there. This is a "public" healthcare district and the public has every right to know what is going on.

The public should not, however, be accountable for knowing problems the media intentionally kept from them.

"I didn't know," I've heard people say recently.

Of course you didn't because you walked into the market and you perused the local paper, set it down, and thought that there was nothing to worry about.

You turned on your TV and you find there is no one out there really fighting to bring you local, personal, useful, information to you.

Then the local radio blares a message that there is a threatening reporter trying to uncover a public health threat which doesn't exist. The airwaves are full of messages, that if remain unchallenged, take hold and you begin to disseminate misinformation unwittingly.

But the egregious nature of the Jamison/QAB/Kern Valley Healthcare District/ambulance company/relatives working in clinics/ connection really plays out the dangerous situation of not separation of Church and state, but of media outlet and business/government entity.

Again, my ambitions have gotten bigger, as I realize the problem is bigger than just this healthcare district. The district's current situation is a direct result of poor management, and that includes the management of the powers that be in this town.

The information mongers.

As we speak here tonight, the gauntlet was thrown down by me this week with the two media outlets, QAB and the Kern Valley Sun Newspaper, owned by a little corporation, called Wick. (I guess adding an -ed, would be out of line)

I believe that the accountability of these organizations will directly influence the perpetuity of this valley, so that is why I am choosing to cover these major obstacles and challenges that they are and will be.

I have given the Sun and QAB notice of what my intentions are and what I will be doing in the coming months.

The Sun turned down an offer from me today to pay me for my time and expense in tracking this hospital, as well as the others who have helped, as this was the responsibility of the local institution which likes to call itself a community newspaper.

After I spoke to their attorney this morning, I realize the people at the Sun haven't told him everything, they haven't even admitted it to him. I doubt that was cat and mouse game either. That phone call was about the fact that the three top dogs at the Sun, Publisher, Marsha Smith, Editor, Cathy Perfect, and reporter, Susan Barr, don't want to admit to the harassment, the game playing, defamation and their respective roles in the KVHD case.

Yes, Miss Perfect, can put up three huge pictures of defendants back in February, then when I suggested she make sure the picture of one of what I consider to be the biggest conspirators, former KVHD CEO, Pamela Ott, be equally displayed, she used the smallest photo available.

You don't think this blog has gotten to them?

Rather than just admit they obstructed an investigation and pay me for my time and expense, as well as damages from "defamatory practices" they chose to go the pugilists route.

(And no, standing still will not help you.)

I always give a warning, but only one. I gave it to the Sun today and they have chosen to be sued.

But again, the suing part is out of necessity. I'm just a small time blogger, and they are big corporations, so I have only a few weapons of choice to use against them.

What do I want?

The worst thing imaginable: an admission of responsibility.

And in the case of QAB, I would love to see if we can get a class action lawsuit together for this whole community, as we were not just duped, we were bold faced, unabashedly, lied to and mislead.

If that's not a good enough reason, I don't know what is.

But since I'm not about being "shut up", Kern Valley Sun, I won't go the
normal route with these lawsuits. I want my day in court with you. I want to testify, I want to be heard, in our system which is the only chance left to set the record completely straight.

Relying on a system that is so flawed is ridiculous, but realize that this whole problem has been about a "system failure." Where nobody takes responsibility, nothing is usually accomplished.

Systems that don't work contain the likes of these people who would hide in it and feed off it.

This, of course, leads straight into the main body of government, on which we rely, for civility, decency, fairness and creating institutions and laws that can actually be managed and work effectively. (Which usually doesn't happen, but I can at least wish it would.)

I'm going to be talking about why the DOJ has not, after a month of requests, been able to tell me why Pamela Ott, the shredder, did not get treated the same as the other defendants. Why she had no bail and why she didn't get the conspiracy charge.

So, the update tonight is that I gave the Kern Valley Sun their due warning that I will be using our courts of law to make my case, but not until after I make my case, right here on this blog.

We will now be calling the Sun, "the defiant one's" as they much like Jamison and others, can dish it out, but cannot take it.

Apparently, they didn't like what I've said about them on this blog. And instead of making a decision with accountability in mind (even with good business sense), they have done what they continue to do with me, and that is personalize this and personally attack me, the messenger, not the message.

(Mind you, had the Sun made the decision to settle with me and pay me for my time doing their job, it would have been an admission of an "error" on their part. I would have went easier on them for good behavior. But they don't have enough true self esteem to admit when they are wrong. No they aggravate it by putting things in the paper about me, and also...keeping things out of the paper about me and this whole story...more on this.)

The QAB issue is now being known as "power mongering for morally challenged souls."

I will be updating you on the two cases with my media friends and dishing you the whole story as it goes along.

(It's kind of weird taking on the media, it's a bit like cannibalism to me)

Let me make one point before this fight really begins, and that is, at any point these people could have helped and not hindered, the progress of the investigation by scrutinizing the situation at the hospital.

Compared to the response of other news and media organizations outside this area, they have failed the people they should serve and even went as far as being complicit when they knew they were ignoring or misconscrewbulating the truth.

There are no other ways to do this, but to attack these problems, and pray for some relief. I happen to be built for this kind of thing, and that is why I think I'm stuck with this crummy job.

I'm not attacking these people saying they are evil and totally unworthy: I'm attacking saying they can and could have done better. It's their deeds and actions which I am attacking. But true, actions and character, are often directly related.

(I'm sure Pam Ott or Bob Jamison or Chet Beedle have fed a stray cat or taken the trash out for their mothers, but they did damage too. And that damage could have been not only been avoided, but much of it was intentional. You can't quantify the pain caused to the people who had loved ones in the nursing center and were treated like dirt when they tried to find out what had happened.)

Everyone of us has our flaws, me at the top of the list, but when we go astray and try to make it somebody else's problem, scapegoating, vilifying, then it's gone too far and it has to be stopped before more people are hurt.

If I seem glib to you at any point, realize I'm very serious. And I don't take what I'm doing lightly at all.

But it happened on my watch...

Index of complaints:

Crimes against the elderly and community by the Kern Valley Healthcare District administrators and board members. Getting charges against those who created the toxic environment in which employees did things they wouldn't normally do and the top administrators created a public smokescreen, campaign to cover their tracks.

The KVHD romp against its employees and its continued struggle with staffing the nursing center as well as the rest of the hospital for that matter.

Malfeasance on the part of certain board members in dealings with a big, baddy up in Sacramento, the office inside the office of Statewide Healthcare Planning and Development, Cal Mtg. There's a 17 million dollar debt strangling this hospital and these guys insured it. And promoted it without overlooking what the board was doing. (Oh yeah, it goes up to the state level)

Distortion of the facts and using a media outlet for personal vendettas and agendas, against all ethical guidelines, becoming aiders and abetters of criminal activities, that is what the MEDIA WAR, now underway,is about.

Watch out! Flying words zone.