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Archive for the ‘Courts’ Category

They have full arrest powers but instead of patrolling the state’s highways and arresting drug dealers, they patrol the more placid State Capitol complex.

You won’t see them providing security for the governor or trotting onto the field at Tiger Stadium along with Les Miles and the Tiger football team. Nor will you ever see their commander standing stoically behind the governor during press briefings.

They’re not even allowed to head up security at the Capitol during the legislative session. That honor goes to the more glamorous State Police detail.

They have the same arrest powers as the high-profile State Troopers, charged with enforcing the same laws for the benefit of public safety and protection of the state’s citizens while securing the safety of the myriad of state offices.

And they must go through the same training and certification qualifications as State Troopers.

Though Department of Public Safety (DPS) officers conduct investigations and all other duties that State Troopers perform, they are, for all intents and purposes, invisible to all but state employees. Both they and the more prestigious Louisiana State Police (LSP) are part of the Department of Public Safety and both patrol the entire state. But make no mistake, the DPS Police are the stepchildren of DPS.

Held to the same standards as State Troopers, State Capitol Police get the equivalent of table scraps. DPS police patrol throughout the state in patrol cars eight- to 10 years old and with as much as 300,000 miles on them, according to one DPS officer.

State Police Superintendent Mike Edmonson, meanwhile, just got a brand new SUV issued to him. “Edmonson tells us over and over that he’s ‘working’ on something,” the DPS officer said. “I guess that ‘something’ was that $43,000 raise he got on August 1. I guess it’s good to be the king when your living expenses are paid by somebody else.”

Despite repeated promises, pay for DPS police officers lags further and further behind that of their counterparts over at Independence Park.

The evidence is right there in black and white for all to see.

Here is the comparison between comparable ranks, based on years of service:

  • DPS Police Officer 2: $24,066 to $57,900 per year;
  • State Trooper: $46,600 to $94,750;

 

  • DPS Sergeant: $29,500 to $66,300;
  • LSP Sergeant: $51,500 to $104,700;

 

  • DPS Lieutenant: $33,758 to $75,920;
  • LSP Lieutenant: $56,900 to $115,700.

Adding insult to injury, the DPS pay grid stops at the rank of lieutenant, meaning $75,920 is the most a DPS officer can anticipate making.

The LSP pay grid, on the other hand, keeps going to Captain ($64,750 to $131,670) and major ($69,300 to $140,900).

Edmonson, who was not making the pay grid maximum (he was making $134,351.10), was recently granted a $43,100 pay increase to $177,435.96. The increase was approved by Gov. John Bel Edwards’ Chief of Staff Ben Nevers who previously served in the State Senate.

Nevers received $1,500 in campaign contributions from the Louisiana State Troopers Association (LSTA) last year. The controversial contribution was funneled through LSTA Executive Director David Young who was reimbursed by the LSTA.

Others who got raises included Edmonson’s Chief of Staff Charles Dupuy ($140,890.10 to $161,304.78), Jason Starnes (promoted to Lt. Col. And raised in salary from $128,934.26 to $150,751.90, and Deputy Superintendents Adam White, Glenn Staton and Murphy Paul, both receiving raises from $140,900 to $150,750. All this despite an executive order issued by Gov. John Bel Edwards freezing all merit increases from June 29, 2016 through June 29, 2017.

http://www.doa.la.gov/osr/other/JBE%202016/JBE16-32.htm

With the latest glut of increases, Edmonson, Dupuy, Starnes, Staton, Paul and White all now make salaries that exceed the maximums on the State Police pay grid.

When Edmonson came to the Louisiana State Police Commission last month with the proposal to create the new position to which Starnes was approved by the LSPA last week, he told commission members there would be no additional costs but Starnes got an immediate increase of $21,850. Moreover, the opening for the new post was never formally announced, thus barring others the opportunity to apply for the position.

LouisianaVoice has learned that several legislators are upset at the latest pay raises, Edmonson’s in particular, and that the Legislative Fiscal Office has begun inquiries as to who authorized them.

This gambit comes only two years after a furtive attempt to increase Edmonson’s retirement benefits by $55,000 per year despite his having locked his retirement years before by opting to participate in the former Deferred Retirement Option Plan (DROP).

LouisianaVoice learned of the attempt, made via an amendment to an obscure bill in the closing hours of the 2014 legislative session. That attempt, from which Edmonson attempted to disassociate himself, was thwarted by a combination of negative public reaction and by a lawsuit filed by State Sen. Dan Claitor (R-Baton Rouge).

But now he’s back and time it looks as though he may have focused unwanted attention on himself and his agency.

Sometimes it’s best to keep a low profile, but in the case of DPS, it certainly hasn’t been very profitable—or fair.

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It’s been more than a year since Troy Hebert showed up at State Civil Service hearing over his firing of former Alcohol and Tobacco Control (ATC) agent Brett Tingle with five taxpayer-paid attorneys in tow.

That was the hearing from which Hebert tried unsuccessfully to bar LouisianaVoice only to be told a public hearing meant that it was…well, public. https://louisianavoice.com/2015/07/10/civil-service-hearing-for-fired-atc-agent-continued-to-sept-after-settlement-talks-break-down-troy-didnt-want-us-there/

It was during the proceedings that fateful day (July 10, 2015) that Hebert, then the ATC Director but now a minor (and boy, do we mean minor) no-show (as in the polls) candidate for the U.S. Senate, made such a big production of releasing the contents of private cell phone text messages by Tingle. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

It was a move (mis)calculated to embarrass Tingle publicly and to weaken his appeal before the Civil Service hearing officer.

On Tuesday, Sept. 13, however, it was Hebert, Bobby Jindal’s fair-haired boy, who was dealt a little embarrassment. file:///C:/Users/Tom/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/CKN53EOO/2016%2009%2013%2032%20Order_Mo%20to%20Dismiss%20(003).pdf

U.S. District Judge John W. deGravelles of Louisiana’s Middle District in Baton Rouge ruled that the privacy of Tingle’s cell phone was protected under the Fourth Amendment of the U.S. Constitution http://legal-dictionary.thefreedictionary.com/Fourth+Amendment and under  Article I § 5 of the Louisiana Constitution.  Louisiana courts have established that Article I § 5 provides greater protection of privacy rights than the Fourth Amendment. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

At the same time Judge deGravelles, while dismissing some parts of Tingle’s lawsuit, left intact the most serious of the claims when he ruled that Hebert may have defamed Tingle on three separate accounts by:

  • Releasing the contents of the text messages;
  • Implying publicly that Tingle was in some way involved in the theft and burning of Hebert’s state vehicle when he said, if a person would “connect the dots,” it would be easy to determine who vandalized the vehicle;
  • Making statements about Tingle in his termination letter and in news releases.

deGravelle’s defamation ruling opens the door to Tingle’s seeking substantial monetary damages.

Because Tingle’s lawsuit is against Hebert personally and not the state, Hebert would be solely liable for any damage award if found liable.

Reached at his home Tuesday night, Tingle said he had not had a chance to read the six-page ruling but he had discussed it with his attorney, J. Arthur Smith, III. “I’m delighted at what I’ve heard,” he said.

Hebert has been the subject of several stories by LouisianaVoice over the past few years—ever since his appointment to succeed Murphy Painter as ATC head when the Jindal administration attempted to frame Painter on trumped up charges when he wouldn’t play ball with Stephen Waguespack and the rest of Jindal’s junior varsity team. https://louisianavoice.com/2014/10/24/another-embarrassment-for-jindal-ex-atc-commissioner-murphy-painter-wins-defamation-suit-against-his-accuser/

Besides his bizarre behavior in person-to-person dealings with his agents, he also has been known to assign a female agent to undercover drug enforcement in New Orleans bars and then to assign her to uniformed patrol at the same establishments the following week, a move that could have endangered her life.

He also transferred a black agent from New Orleans to Shreveport on a full time basis with less than a full day’s notice, supposedly as a way to force the agent’s resignation and was said to have confided in one of his white agents that he intended to force blacks out of the agency.

And then there was this story that LouisianaVoice broke last January: https://louisianavoice.com/2016/01/26/fbi-said-investigating-troy-hebert-for-using-office-to-extort-sex-from-woman-in-exchange-for-fixing-licensing-problems/

All in all, it’s not been a very good year for Troy Hebert who, in the last poll we saw, polled exactly 0%. You’d think that with 24 candidates in the race to succeed U.S. Sen David Vitter, Hebert would pull at least 1% just by accident.

Shoot, even our former governor, ol’ what’s his name, did better than that in his comical run for the Republican presidential nomination.

But for what it’s worth, Troy, if it came down to a choice between you and David Duke, we’d be out campaigning for you. Thankfully, however, it looks as though it may be between the two of you for 24th place.

 

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Call it the summer doldrums or whatever you wish. The truth is there hasn’t been much political blog activity—from any of us.

It’s not that there is a dearth of news to report; between killings by cops, killings of cops, terrorist attacks, political accusations, political promises that border on fantasy, e-mail scandals and plagiarized speeches, there’s more than enough to go around. But somehow, we’ve become inured, victims of a malady we can only identify as scandal fatigue for lack of a better term.

But LouisianaVoice, with the help of a couple of volunteer researchers, is working on a project that should generate considerable readership interest—unless, of course, readers are also victims of the summertime lethargy that seems to be at least somewhat contagious.

But we’d be less than honest if we didn’t admit we get pretty discouraged when we expose wrongdoing—some of it even criminal in nature—on the part of elected and appointed officials and nothing is done about it.

What more needs to be done, for example, than to point out the illegal use of campaign funds for such personal use as season tickets to sporting events, luxury car leases and even paying ethics violation fines and personal federal income taxes from campaign funds? Yet, nothing is done.

https://louisianavoice.com/2015/05/17/improper-spending-of-campaign-funds-appears-to-be-the-rule-rather-than-the-exception-in-louisiana-random-check-reveals/

What more needs to be done than to publish official investigative reports of a state trooper having sex in his patrol car while on duty to bring severe disciplinary action down on that officer?

https://louisianavoice.com/2015/10/04/you-couldnt-time-an-egg-with-this-guy-state-police-lt-has-sex-twice-on-duty-once-in-back-seat-of-patrol-car-still-on-job/

It took LouisianaVoice weeks and many stories before official action was finally taken against a state trooper who went home to sleep during his shift so that he could work his second job the next day before he was finally fired. And even though we revealed that his supervisor allowed this practice to go on for years, the supervisor was simply transferred—even after we published audio recordings of that same supervisor refusing to accept a citizen’s complaint after he had denied refusing the complaint.

https://louisianavoice.com/2015/09/11/gift-cards-for-tickets-payroll-chicanery-quotas-short-shifts-the-norm-in-troop-d-troopers-express-dismay-at-problems/

After we ran a story about a legislator, who made thousands of dollars by purchasing stock in a company he knew was going to be approved for a major program with the Department of Education, that legislator was re-elected.

https://louisianavoice.com/2014/03/27/senate-education-chairman-appel-purchases-discovery-stock-week-before-company-enters-into-state-techbook-agreement/

When we outed Frederick Tombar III, the $260,000 per year director of the Louisiana Housing Corporation, over his sexually explicit emails sent to two female employees, he promptly resigned only to turn up at Cornerstone Government Affairs, a consulting company headed by former Louisiana Commissioners of Administration Mark Drennan and Paul Rainwater.

https://louisianavoice.com/category/campaign-contributions/page/9/

When we ran the story of a clerk in Fourth Judicial District Court in Monroe with ties to powerful attorney and banking interests who was failing to show up for work, both the Louisiana Attorney General the Office of Inspector General punted on their investigations.

When a north Louisiana contractor sued the Louisiana Department of Transportation and Development over attempts by DOTD employees to extort payoff money from him, he won more than $20 million. Instead of paying up as it should, however, the state simply said it doesn’t have the money to pay the contractor who was forced into bankruptcy by the department’s criminal activity. Yet, no one at DOTD was fired, much less prosecuted.

http://www.thenewsstar.com/story/news/local/2015/12/04/contractor-wins-20m-suit-against-dotd/76813444/

Department of Public Safety Deputy Undersecretary Jill Boudreaux twerked the system by taking an incentive buyout for early retirement that netted her an extra $59,000. She promptly promoted herself and came back to work the next day at a salary bump. Ordered to repay the $59,000 by then Commissioner of Administration Angele Davis, she never did.

https://louisianavoice.com/2014/08/24/edmonson-not-the-first-in-dps-to-try-state-ripoff-subterfuge-undersecretary-retiresre-hires-keeps-46k-incentive-payout/

But a caseworker for the understaffed and overworked Office of Children and Family Services was arrested with all the appropriate posturing and chest-thumping by law enforcement officials—including State Police—for payroll fraud after allegedly falsifying reports on monthly in-home visits with children in foster care.

https://louisianavoice.com/2016/03/13/dcfs-funding-slashed-necessitating-driveway-visits-but-overworked-caseworker-is-arrested-for-falsifying-records/

The lesson here is obvious: if you’re politically connected, you can scarf off $59,000 with no repercussions but if you’re a lowly civil servant striving to meet impossible work demands brought about by budgetary cuts, you’re SOL. It’s not that we condone the payroll falsification, but justice should that should be administered evenly and blindly—but somehow never is.

The stories we have written about the Louisiana State Board of Dentistry and what the board does to dentists to destroy their practices and their very lives are horrific. Some of the investigative tactics and the retributions against defenseless dentists are sadistic at best and criminal at worst. Yet the board is allowed to continue its practices unchecked.

And as recently as May 2, we have the announcement from Gov. John Bel Edwards of the appointment of TERRENCE LOCKETT of Baton Rouge to the Louisiana Auctioneers Licensing Board. His appointment was made despite his being ordered in 2013 to pay $600 in penalties for his failure to file lobbying expenditure reports from March-December 2011 and his second-offense DWI in April 2014, which was reduced to a first-offense DWI.

http://gov.louisiana.gov/news/gov-edwards-announces-boards-and-commissions-appointments-5-2

By now, you’ve probably detected a trend.

It’s more than a little frustrating to see these transgressions reported, to know they are seen by those in a position to do something, and yet see these same ones in charge do nothing—or do so little as to make any discipline meaningless.

LouisianaVoice over the next few days will examine ethics fines that have gone uncollected for years, critical legislative audits of state agencies about which nothing seems to get done, and campaign contributions and lobbying activity that fortify the positions of special interests while diminishing to virtual insignificance the influence and interests of Louisiana’s citizens.

And nothing gets done.

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For the embodiment of what has happened to the newspaper industry and to erstwhile good, hard-hitting investigative reporting, one need look no further than the Alexandria Town Talk.

It’s not that The Town Talk, one of five Gannett-owned newspapers in Louisiana and one of 123 Gannett publications in the U.S., Guam, and the United Kingdom, is necessarily the poster child for the fast-food media genre. But when a newspaper ignores a major news story all but gift-wrapped and dropped in its lap, it unavoidably becomes a microcosm for all that’s ailing the once robust medium.

So, what’s this big story that The Town Talk and other area media were repeatedly called about but chose not to pursue?

That would be the Veterans Administration Medical Center in Alexandria.

It’s not that the problems of veterans obtaining medical treatment from the VA has been hiding under a rock. It’s a national disgrace and it’s well documented that while the rest of the country is politely offering an empty, robotic “Thank you for your service” to our military, it begins to take on a hollow ring as our nation’s leaders continue to send our young men and women into harm’s way only to discard them when they return with missing limbs, closed head injuries, psychological disorders and PTSD. They’re quietly shunted aside and forgotten. The Pentagon, it seems, has little use for damaged merchandise—unless it’s a billion-dollar aircraft that won’t fly built by a defense contractor (read: campaign contributor) favored by some powerful member of Congress.

When a friend, a career soldier, was diagnosed with pancreatic cancer a few years ago, he was promptly discharged before he could qualify for his pension. Thank you for your service.

The horror stories of long waits for treatment and refusals of benefits and medication are by now well-known and it is no different at the Alexandria VA Medical Center.

But it is at that medical center that the stories become almost macabre in nature. And they all seem to revolve around a single doctor, Dr. Shivani Negi.

Here’s what we know about Dr. Negi:

  • The families of several patients have signed affidavits attesting to her callous treatment of patients and her insistence that family members allow patients to die without attempts at resuscitation;
  • Those same grief-laden affidavits describe in detail how abusive and non-communicative Dr. Negi becomes when families refused to sign “Do Not Resuscitate” (DNR) forms;
  • Some family members said in their affidavits that they believed Dr. Negi allowed their loved ones to die deliberately and that she purposely removed them from the intensive care unit (ICU) to a remote room on another floor without benefit of one-on-one care normally given critical patients;
  • Other doctors and nurses have provided written statements or testified in depositions as to her inappropriate remarks in the presence of family members and patients;
  • The same doctors and nurses describe her violent temper and her threats to “kick butts” of subordinates;

The Commonwealth of Virginia granted her license to practice medicine after she testified she had never been refused a license elsewhere and that she had withdrawn her application in Florida. The only problem was Florida had actually refused her application a full two months prior to Virginia’s awarding her a license. Her Florida application, however, was not withdrawn until 2006.

The minutes of the Florida Board of Medicine’s Credential Committee of Sept. 13, 2003, provide little insight as to the reasons for the  denial of her license application but do hint at some problem in Dr. Negi’s professional past.

“The applicant (Negi) was present and sworn in by the court reporters,” the minutes begin. “The applicant gave a brief history of events. The Committee discussed in length the seriousness of the issue. Dr. Tucker made a motion to deny the (application). The motion was seconded by Dr. Avila. The motion failed with Dr. Miguel, Dr. Davies and Mr. Dyches opposing. Dr. Davies made a new motion to deny the application…and allow 14 days to withdraw. The motion was seconded by Dr. Miguel. The motion passed unanimously.” REFUSED HER APPLICATION

The Florida statutes on which the application rejection was based were identical in both motions with only the provision to allow 14 days for Dr. Negi to withdraw added to the second motion.

There was no explanation of the “history of events” given by Negi, nor the circumstances of those “events.” Nor was there any explanation of the “issue” described deemed by the committee to be a serious sticking point in the consideration of her application.

The problem, however, could have been with the medical school she attended, Ross University School of Medicine (RUSM) in the Caribbean island nation of Dominica which was not accredited by the Association of American Medical Colleges, the body that approves medical programs in the U.S. as of September 2013, according to a story by Bloomberg Markets. http://www.bloomberg.com/news/articles/2013-09-10/devry-lures-medical-school-rejects-as-taxpayers-fund-debt

RUSM has since been taken over by Illinois-based DeVry University which Bloomberg says accepts students rejected by U.S. medical colleges. And even though it is a for-profit school, U.S. taxpayers pick up the tab for about 34 to 48 percent of students who default on their student loans which average about $250,000 compared to $170,000 for graduates of U.S. medical schools.

On her Florida application, a copy of which was obtained by LouisianaVoice, there were a series of questions and blocks to check for the appropriate “yes” or “no” answers.

For the question “Have you ever been dropped, suspended, placed on probation, expelled or requested to resign from any school, college or university,” she first checked “Yes” but scratched that answer out and checked “No.”

On another page further into her Florida application, she also checked “No” to the question: “Have you had any application for professional license or any application to practice medicine denied by any state board or other governmental agency of any state, territory, or country?”

Virginia apparently asks a similar question on its application forms because Dr. Negi submitted an “Addendum to questions 14 and 15” which said, “I had applied for a Florida license but changed my mind and did withdraw my application.” APPLIED FOR A FLORIDA LICENSE

There is a problem with the timeline on that answer, however. LouisianaVoice has copies of a document from Florida Regulatory Specialist Cherise Davis which indicates Dr. Negi did not withdraw her application until June 8, 2006, nearly three years after her license was issued by Virginia.

In the case of Floyd Hamilton, Jr., a Bronze Star recipient who died in 2009, there are many questions but few answers.

Hamilton, 85 died at the hospital in 2009, nearly three years after Dr. Negi removed him from ICU to a room on another floor and far from the nurses’ station and without the ventilator support necessary, in the view of one physician who was involved in a verbal exchange with Dr. Negi when he attempted to treat Hamilton. Hamilton’s son claims his father suffered irreparable brain damage from the removal of the ventilator.

At least two other doctors at the VA hospital, as well as other staff members, have taken issue with both Dr. Negi’s medical decisions and her attitude toward patients and co-workers.

Dr. John Sams said he responded to a code for another patient on July 19, 2011, and found him “minimally breathing.” He initiated treatment and the patient’s pulse became stronger and he began to stabilize. SIGNED REPORT

“More than five minutes after I arrived, Dr. Negi made her appearance,” he wrote in his signed report. “With no assessment of the situation, she immediately ordered me to return to the (Express Treatment Unit) and rudely told me I was not to leave the ETU for CLC (Community Living Center, or VA nursing homes) codes. She was temporary Chief of Medicine at the time, my boss,” he wrote.

“I returned to ETU…and upon entering found that the patient was being rolled into a bay. He was unaccompanied by Dr. Negi, who was soon pounding on the ETU door for admission. He (Hamilton) had lost his pulse. Chest compressions were begun.

“No attempt at intubation was allowed by Dr. Negi. Finally, I reordered and received a laryngoscope tube and easily intubated the patient. During the mayhem by Dr. Negi, she verbally terrorized the ETU. While I was doing the chest compressions, Dr. Negi vulgarly stated to me, ‘Sams, you’re doing them too slow. Do them like a young married man—hard, deep and fast.’”

Dr. Sams wrote that Hamilton did not respond to resuscitative efforts and Dr. Negi “asked if anyone had any suggestions prior to ending the code.” Sams said he said he would like to obtain an arterial blood gas (ABG)—a procedure to determine how well the lungs are moving oxygen into the bloodstream. “She left the code to sit down, mocking the suggestion with a derogatory comment. She continued to shower us with her inappropriate comments until the ABG returned. The date was (sic) not helpful and resuscitative efforts were stopped. At that time, I informed Dr. Negi that never in the future would I tolerate her unacceptable behavior.”

Dr. Sams said he reported the incident in writing to his director supervisor who, instead of taking action against Dr. Negi, reprimanded Sams for responding to the CLC code.

Dr. Mark St. Cyr, an emergency room contract physician, testified in a deposition that he had a conflict with Dr. Negi from the first moment they met. He said Dr. Negi threatened to “kick my butt” after he sought permission to admit an ER patient into the hospital. His deposition was given in a lawsuit by Floyd Hamilton, III, the deceased patient’s son.

He said the younger Hamilton gave specific instructions that he wanted his father kept in ICU and that the family “wanted everything possible done” to keep his father alive—and that he did not wish to sign a Do Not Resuscitate (DNR) order.

Attorney Robert Evans, III, indicated in the deposition of Dr. St. Cyr that he had been in communication with the families of several patients of Dr. Negi “who believe that their family members have died from her treatment.” COMMUNICATION WITH FAMILIES

Floyd Hamilton, III, as did family members of other patients, said Dr. Negi became incensed and abusive when her requests for DNR orders were not signed by family members. Hamilton said she even stopped communicating with him and would not return his calls.

Documents showed that Dr. Negi even sent a $50 money order to one woman in Leesville so that she could travel to Alexandria to sign a DNR order.

Dr. St. Cyr said Dr. Negi’s decision to remove a tube protecting his airway was not consistent with the family’s wishes. Asked in his deposition of removing the tube was not consistent with the family’s request to do everything possible, Dr. St. Cyr responded, “That’s a fair statement.” THAT'S A FAIR STATEMENT

St. Cyr described Dr. Negi as “aggressive” in terms of “getting patients in and getting them out” of the hospital. “(If) she doesn’t feel like something is worth it, she may not be quite as aggressive medically in terms of performing certain actions,” he said.

When asked by attorney Evans if “she might put him somewhere and take out the tube to expedite his demise,” Dr. St. Cyr again replied, “It’s a fair statement.” EXPEDITE HIS DEMISE

That line of questioning developed over St. Cyr’s description of how Dr. Negi removed the elder Hamilton from ICU to another floor at the end of a hall furthest from the nurses’ station. “Why would he (Hamilton) go to the floor, the last room at the end of the hallway (when he) can’t press a button, can’t call a nurse, or anything, and he’s not even responsive?” he asked. “You’re literally putting the person out there to die.”

Asked if any other hospital personnel were involved in the removal of the intubation of Hamilton, Dr. St. Cyr said, “No, sir. That’s solely Dr. Negi. When a person’s in the intensive care unit, Dr. Negi was in charge and you don’t go against Dr. Negi.”

Two nurses also filed written reports of the confrontation involving Dr. Negi and Dr. Sams, both claiming that Dr. Negi was yelling, belligerent, unprofessional, and throwing her gloves. “…She stated, ‘You never stop CPR,’” one of the nurses quoted her as saying. “CPR was never stopped on the vet other than when Dr. Negi was doing CPR.” The same nurse said Dr. Negi “continued to berate Dr. Sams” because Dr. Sams wanted a blood gas. Dr. Negi made the comment to respiratory, ‘Well I guess you will get to practice your collection of blood gases.’”

The Calcasieu Parish District Attorney, in a letter to his counterpart in Rapides, intimated that had the events involving Hamilton occurred in Calcasieu, “I would certainly immediately provoke an investigation by law enforcement, or possibly a grand jury, to investigate allegations against this doctor.”

D.A. John Derosier, in his Dec. 23, 2014, letter to Rapides D.A. Phillip Terrell, Jr., wrote, “Please have someone…determine whether or not there is sufficient basis to move forward with a formal investigation.”

 

LETTER TO HIS COUNTERPART

D.A. LETTER PAGE 2

Terrell, claiming his office was not equipped for such an extensive investigation, asked for assistant from then-Attorney General Buddy Caldwell’s office and Assistant Attorney General Arthur Ogea of Lake Charles was given the assignment.

Jeff Landry, upon taking office as Caldwell’s successor, however, fired Ogea and seized all his records on the Hamilton case. Contacted by LouisianaVoice, Ogea agreed to talk in more detail about his thoughts in the coming days but did say he felt there was sufficient evidence for a grand jury investigation and possible charges of negligent homicide against Negi.

It will be interesting to see how Louisiana’s new attorney general proceeds with this investigation.

Floyd Hamilton, III, meanwhile, kept applying pressure by picketing the hospital and by notifying members of Louisiana’s congressional delegation and VA officials.

Because he took photographs of his father that showed the stark contrast between the elder Hamilton’s condition before and after being removed from ICU, there is now a sign posted at the VA Hospital in Alexandria proclaiming an absurd—and unenforceable—rule that photographs are no longer allowed at the facility.

The Department of Veterans Affairs, Office of Inspector General, conducted an investigation of “suspicious deaths” at the Alexandria VA hospital. In its executive summary dated Feb. 14, 2008, the OIG repeatedly—and predictably—said that investigators “did not substantiate” any of the allegations involving Hamilton or any of several other patients who died while in the care of Dr. Negi.

Five days later, Christina Lavine, director of the VA’s Hotline Division, wrote Hamilton’s son, Floyd Hamilton, III to say that the VA OIG had closed his father’s case. “As we advised you when we opened this case, our decision to close a Hotline case is final, and there are no appeal rights,” she wrote.

Instead of definitive, meaningful action, all we’re received so far are insincere apologies and empty promises that conditions will improve. But they never do.

A congressional subcommittee held hearings on the Alexandria VA Hospital only last week. Even though subcommittee members were well aware of irregularities pointed out by Floyd Hamilton, III, and even though he was in attendance at the hearing, he was never allowed to testify. Perhaps, to borrow a phrase from Al Gore, Hamilton’s claims constituted “an inconvenient truth” to officials who should be infuriated at the manner in which our veterans are treated upon their return from duty.

 

 

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DISTRICT ATTORNEY JERRY L. JONES

DISTRICT ATTORNEY JERRY L. JONES

“I refuse to ruin the lives of two young men who have spent their adolescence and teenage years working and sweating while we were all in the air conditioning.”

—Fourth Judicial District Attorney Jerry L. Jones, on why he declined to prosecute two University of Alabama football players from Ouachita Parish on drug and weapons charges.

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