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Texas Nurse Criminally Charged while whistle blowing


TylerHastings

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http://www.cbs7.com/news/details.asp?ID=17876

UPDATE: 2:40pm Former Winkler County Nurse Found "Not Guilty" 2/11/10

Beau Berman

CBS 7 News

February 11, 2010

Andrews, Texas - Former Winkler County Memorial Hospital Nurse, Anne Mitchell, has been found not guilty. The 12-person jury issued the verdict after about an hour of deliberation at the Andrews County Courthouse.

This morning the defense called expert witness from College Station, Texas, to testify about the standard of care provided by Doctor Rolando Arafiles at Winkler Co. Memorial. The witness, Sean Roden, M.D., said the standard of care was sub par in the cases involving Dr. Arafiles, mentioned during the trial.

In their closing argument, the defense argued that the prosecution of Anne Mitchell represented a form of subjective retaliation, as Nurse Practitioner Naomi Warren, who also filed letter to the Texas Medical Board, was not accused of harassment.

Defense Attorney, Brian Carney, asked the Andrews County jury to make the prosecution show them how Mitchell’s letter to the state Medical Board was a non-governmental purpose.

Then, defense attorney, John Cook IV, finished the remainder of the closing, telling the jury, “The victim in this case is not Dr. Arafiles. The victim is Mrs. Anne Mitchell”.

He told the jury, “The duty of a nurse… is a sacred duty to protect us”. Mr. Cook referenced his military background and talked to the jury about honor and courage.

“Honor is being honest, serving selflessly. Admitting your own mistakes. A doctor who won’t admit his mistakes has not honor and is dangerous”, said Cook.

Cook said Mitchell’s motive was not to harass. He told the jury Mitchell sent the letter to the Texas Medical Board because, “she got tired of people getting hurt”.

“She has courage to stand up for every nurse”, said Cook.

Cook admonished the Winkler County Sheriff, Robert Roberts, and Doctor Rolando Arafiles, telling the jury, “shame on them for abusing power”.

He asked the jury to restore Anne Mitchell’s liberty.

During prosecuting attorney, Scott Tidwell’s closing, he asked the jury to “leave this up to the Texas Medical Board”.

Tidwell said the defense was using “smoke and mirrors” and that “it’s not about the defendant, it’s a personal vendetta”.

Defense attorney Brian Carney objected twice during Mr. Tidwell’s closing argument.

Mr. Tidwell asked the jury to vote with their conscience.

The jury retired to their quarters just before 11:00am and returned roughly an hour later.

After the not-guilty verdict was read by Hon. Judge James Rex, Anne Mitchell hugged her husband and met with her attorneys.

Vicki Galle, who was also indicted on the same charges as Mitchell, before they were dismissed earlier this month, was in tears after the verdict came down.

Anne Mitchell is still employed by Winkler County, as the Emergency Management Coordinator.

Galle and Mitchell tell CBS 7, they are unsure whether they will pursue careers in nursing again.

Defense Attorney, John Cook IV, says he wants the nurses “to be made whole” once the civil trial begins. He expects that to get underway before the end of the year.

Send us your reaction to this story to news@cbs7.com

****************************************

Elias Hernandez

CBS 7 News

February 11, 2010

12:20 PM

The verdict just in.

Former Winkler County nurse, Anne Mitchell, has been found "not guilty" for misusing confidential information.

Tune into CBS 7 at 4:30, 5, and 6 for the latest on this trial.

Send us your reaction to this story to news@cbs7.com

http://www.kwes.com/global/story.asp?s=11970927

Anne Mitchell Found Not Guilty

Posted: Feb 11, 2010 12:23 PM CST

Video Gallery

Anne Mitchell Found Not Guilty (2-11-10 @ 5:00p.m.)

1:35

Anne Mitchell Found Not Guilty (2-11-10 @ 4:00p.m.)

1:26

Staff Report

NewsWest 9

ANDREWS - An Andrews County jury has found Anne Mitchell not guilty of misusing official documents.

Mitchell was accused of sending private medical information to the Texas Medical Board in Austin to harass a doctor at the Winkler County Hospital in Kermit.

The prosecution rested on Wednesday in the case. On Thursday, the defense only called one witness to prove their case. Mitchell did not take the stand in her own defense.

Mitchell faced 10 years behind bars as well as a $10,000 fine if she was convicted.

This case has also garnered national attention as it has opened questions about freedom of speech and the use of a patient's medical information.

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http://www.cbs7.com/news/details.asp?ID=17889

Winkler Co. Nurse Trial: What's Next? 2/11/10

Beau Berman

CBS 7 News

bberman@cbs7.com

February 11, 2010

Andrews, Texas -

While former Winkler Co. Nurse Anne Mitchell has been found “not-guilty”, she’s unsure whether she’ll ever return to nursing.

It’s one of many loose ends resulting from the Winkler County Nurse Case.

Following months of accusations, charges and turmoil, Anne Mitchell is now a free woman, after a jury found her not guilty of felony charges. But now, Mitchell and fellow whistleblower Vicki Galle, face another challenge: finding employment.

"The closest place for us to work, other than Kermit, is about 50 miles away", says Mitchell.

The nurses may try to recoup lost wages and other damages in a civil trial, where Doctor Rolando Arafiles, Winkler County Attorney Scott Tidwell, District Attorney Mike Fostel, Hospital Administrator Stan Wiley and Sheriff Robert Roberts are named as defendants.

"There are a lot of things that are going to be discussed in that case. First and foremost, I believe we're going to take the deposition of the D.A. who didn't have the guts to show up here and even try this case", says Galle’s Attorney, Brian Carney.

Carney calls these future defendants conspirators, in bringing charges against the nurses for doing something that was legal and their duty.

"All these individuals are going to have to answer for why they have conducted themselves the way they have and accused these two innocent people of what's going on", says Carney.

Mitchell's attorney, John Cook IV, explained the ramifications of today's verdict.

"If we do not allow our medical professionals to voice concern about sub-standard care, people will die", says Cook.

Doctor Rolando Arafiles, who's made several documented, life-threatening mistakes with his patients, is still being investigated by the Texas Medical Board.

In the meantime, after details of sub-standard care emerged during testimony, Doctor Arafiles is still seeing patients at Winkler County Memorial Hospital. That’s something that worried nurses Vicki Galle and Anne Mitchell last April, when they wrote to the Texas Medical Board and it’s something that scares attorney, John Cook, today.

"There's an active investigation ongoing into his practices. I trust that the Texas Medical Board will thoroughly investigate this and will do the right thing”.

Mr. Cook, Carney, and both nurses, wanted to make clear that while they called some of Winkler County Memorial’s practitioners into question, they respect the practice of all others at the hospital. A date for the civil trial has not been set.

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This most recent article brings up a couple of questions. First off, In CA the nurses both of them could turn around and accuse all of the prosecuting parties of libel which in CA is I believe a felony so that they would have to go through the same things that the nurses went through, and I would presume that the nurses would have a fair shot at winning the case against them if judged by 12 rather than shot by 1

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This most recent article brings up a couple of questions. First off, In CA the nurses both of them could turn around and accuse all of the prosecuting parties of libel which in CA is I believe a felony so that they would have to go through the same things that the nurses went through, and I would presume that the nurses would have a fair shot at winning the case against them if judged by 12 rather than shot by 1

Not sure they can pursue criminal charges but they can sue the heck out of all parties involved.

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I hope this nurse not only wins the case, but also is awarded damages for the damage to her character and career.

You can bet that no facility in Texas will hire her now, knowing she was willing to step up to the plate and report a doc for something. So, in doing the right thing, it has cost her her reputation and her career, which should be an embarassment to the health profession there, and the legal system.

I like the comments of the defense in questioning whether the doctor's actions not being allowed in a larger hospital... great sarcasm there..

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annie realisticly this case has drawn some national attention in the medical world so would any place in the US hire her even....She might not be able to find gainful employment anywhere for quite a while.

Edited by TylerHastings
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