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Re: Intentionally False Abuse Allegations
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<HTML><FONT FACE=arial,helvetica><FONT SIZE=3 FAMILY="SANSSERIF" FACE="Arial Black" LANG="0">In a message dated 12/3/2003 11:38:18 AM Pacific Standard Time, psylevin@acsu.buffalo.edu writes:<BR>
<BR>
<BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px"></FONT><FONT COLOR="#000080" style="BACKGROUND-COLOR: #ffffff" SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0">Is there any cite for the nurse’s case? If so, could you send it to me, or enough information so I could find the case? Thank you. Murray Levine</BLOCKQUOTE></FONT><FONT COLOR="#000000" style="BACKGROUND-COLOR: #ffffff" SIZE=3 FAMILY="SANSSERIF" FACE="Arial" LANG="0"><BR>
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Murray...<BR>
<BR>
Here is one of the stories related to the "nurse" case that I made reference to. One of the red herrings in this chaos, is the child was in protective custody, in a foster home, and being monitored. The Case Workers were the ones that she would have ultimately reported her suspicions to. They knew there were problems and didn't intervene prior to the ED Visit and they also accepted the Foster Parent's explaination for the bruises on the back. But as in most states "CPS" operates under "Sovereign Immunity".<BR>
<BR>
Pamela Rowse, RN<BR>
Las Vegas, Nevada<BR>
<BR>
http://news.ozarksnow.com/webextra/dfs.dominic/index.html<BR>
<BR>
March 22, 2003<BR>
Nurse not alone at arraignment <BR>
Brown pleads not guilty to failure to report bruises on Dominic James.<BR>
<BR>
By Ryan Slight<BR>
News-Leader<BR>
<BR>
As Leslie Ann Brown sat patiently for her Friday arraignment in a Greene <BR>
County courtroom’s front row, she had no shortage of individuals nearby to <BR>
pat her back.<BR>
<BR>
Dozens of medical professionals wearing white coats or purple nursing attire packed Circuit Judge Calvin Holden’s court, ensuring the Cox South hospital nurse accused of failing to report child abuse wouldn’t face her charges alone.<BR>
<BR>
“I hope the public really sees what a real, true witch hunt this is,” said <BR>
Cox South clinical supervisor Debbie Upton, who joined 50 to 60 doctors, <BR>
nurses and other hospital staff from across the region rallying in Brown’s <BR>
support before following the defendant into the judicial courts building.<BR>
<BR>
“It’s hurt not only the nursing profession, but people who want to bring <BR>
their children into the emergency room are very scared at this point” that <BR>
nurses will report any bruise or mark regardless of significance, Upton said.<BR>
<BR>
Defense attorney Dee Wampler entered not guilty pleas on Brown’s behalf to two misdemeanor counts of failure to report child abuse. Holden scheduled an April 11 hearing to consider several pretrial motions. Brown’s jury trial is scheduled for June 24. <BR>
<BR>
Prosecutors accused Brown of not reporting fingertip-size bruises on <BR>
2-year-old Dominic James’ back to the attending physician when she treated him on Aug. 10. <BR>
<BR>
The child later returned to the hospital and died Aug. 21 from shaken-baby <BR>
syndrome, authorities said. John Dilley Jr., Dominic’s foster father, has <BR>
pleaded not guilty to second-degree murder charges in Dominic’s death.<BR>
<BR>
While many doctors and nurses felt Brown was unfairly singled out, Assistant Greene County Prosecutor Cynthia Rushefsky said the public could form a better opinion when more evidence was revealed. <BR>
<BR>
“I’m willing to let the facts come out as they may and let people make up <BR>
their own minds,” Rushefsky said.<BR>
<BR>
Numerous medical employees made their opinions clear Friday, soliciting <BR>
vehicle honks along Boonville Avenue while holding signs that read “RN’s and MD’s United for Leslie” and “Stop the Witch Hunt.”<BR>
<BR>
At Upton’s cue, Brown’s supporters released purple balloons a color <BR>
associated with nurses and child abuse awareness at the facility y’s <BR>
entrance.<BR>
<BR>
Brown, who has returned to work at Cox, expressed appreciation for the <BR>
medical community’s support.<BR>
<BR>
“Thank you for helping me get through this nightmare of a situation,” she <BR>
said. “I’ve gotten letters from people who don’t even know me.”<BR>
<BR>
Mary Tuel, a St. John’s Regional Health Center nurse and Emergency Nurse Association member, said a group of nurses plan to attend each of Brown’s court appearances. <BR>
<BR>
Standing in his white coat among the throng of hospital personnel, Dr. B.F. <BR>
Kennetz Jr. with Emergency Physicians of Springfield was one of several <BR>
individuals who took off work for part of the morning to support Brown.<BR>
<BR>
“Leslie Brown should be let go. This is unbelievable to me,” the physician <BR>
said. “Any judge with common sense would just dismiss this case out of hand.”<BR>
<BR>
Kennetz felt Brown only tried to assist Dominic and that prosecutors should <BR>
focus on those accountable for the child’s death. <BR>
<BR>
“You don’t stop fires by prosecuting the fire department. You stop fires by <BR>
prosecuting the arsonists,” he said.<BR>
<BR>
Rushefsky said the guilt of others in Dominic’s death did not make Brown <BR>
immune from prosecution. <BR>
<BR>
“I think that’s an interesting approach that you can’t take one person who’<BR>
s broken the law and prosecute them. If I knew of any other mandated <BR>
reporters who failed to report, we would be prosecuting them,” Rushefsky <BR>
said.<BR>
<BR>
Since Brown was charged last month, attorneys have filed a flurry of motions. Wampler’s latest motion filed this week sought to disqualify the prosecuting attorney’s office and appoint a special prosecutor.<BR>
<BR>
The defense attorney said Robert Gruhn, a prosecuting attorney’s office <BR>
investigator, was a Willard Fire/Rescue Department volunteer member who responded on Aug. 10 at Dilley’s Willard residence. Wampler considered it a conflict of interest. <BR>
<BR>
“Robert Gruhn had a responsibility to hotline and failed to make such a call <BR>
at that time and neglected to do so ... on such date,” Wampler said in his <BR>
motion.<BR>
<BR>
“The prosecutor’s employee and investigator could have been prosecuted <BR>
herein and has confessed to not making a hotline report, which is the same <BR>
allegation Prosecutor Darrell Moore is making against Leslie Ann Brown,” he <BR>
said.<BR>
<BR>
Rushefsky said Gruhn was not a mandated reporter like Brown. He was not a prosecutor’s office investigator during the Aug. 10 incident, and did not observe Dominic’s injuries, she said.<BR>
<BR>
“Even if he were a mandated reporter, the Willard Fire Department complied with the statute and reported the suspected abuse as required by law,” Rushefsky said in a response filed Friday to Wampler’s motion. <BR>
<BR>
While Assistant Greene County Prosecutor Tyson Martin handled Brown’s <BR>
arraignment for the state, some nurses complained that Rushefsky didn’t <BR>
attend the proceeding.<BR>
<BR>
“I thought it was just kind of typical of the whole blunder for the <BR>
prosecutor not to even show up. That’s a huge insult,” Tuel said.<BR>
<BR>
Rushefsky said she wasn’t required to attend the hearing, noting defense <BR>
attorney Joseph Passanise already appeared in court at an earlier date to <BR>
waive a formal arraignment.<BR>
<BR>
“We’re not going to participate in a publicity stunt for Mr. Wampler,” <BR>
Rushefsky said.</FONT></HTML>
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