Smithtown nursing home faces state review -

Full story: Newsday

The state Department of Health is reviewing whether nurses quitting en masse from a Smithtown nursing home jeopardized patient care and whether the home should have notified state health officials about the ...

Comments (Page 2)

Showing posts 21 - 39 of39
|
next page >
Go to last page| Jump to page:
MYCEL

Forest Hills, NY

|
Report Abuse
|
Judge it!
|
#21
Oct 8, 2007
 
After more than a year , after so many issue's that comes out from the newspaper , after the political connection, after the indictment,after the Nursing Home surpassed the DOH for not filing a complaint So many things just happend and now the DOH is going to imbestigate, Hope this imbestigation is fair and not influence by the people who's in power.
Miss Spelled

Pleasantville, NY

|
Report Abuse
|
Judge it!
|
#22
Oct 8, 2007
 
MYCEL wrote:
After more than a year , after so many issue's that comes out from the newspaper , after the political connection, after the indictment,after the Nursing Home surpassed the DOH for not filing a complaint So many things just happend and now the DOH is going to imbestigate, Hope this "imbestigation" is fair and not influence by the people who's in power.
Do you mean INVESTIGATION?
miles

Bronx, NY

|
Report Abuse
|
Judge it!
|
#23
Oct 8, 2007
 
Smithtown Nursing Facility? sounds familiar, the place is filthy, the food is disgusting, but the care of Filipino nurses? Excellent! If these nurses resigned, it is no longer their problem if the facility had a hard time when they left. They should always have a contingency plan to whatever circumstances that will happen in the future. DOH investigation after a year? I am sure there will be coverups in this investigation if the person doing this is one of Schummer's people.
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#24
Oct 8, 2007
 
Mr.Spota,

I read your letter to the editor in Sunday's Newsday, and in my opinion you are full of --IT.

Are we supposed to see you as a man of caution and compassion when you tell us that you could have ordered a summary arrest of the nurses, and opted for a long grand jury investigation?

I know how good you are with making the facts fit the crime, but this would have been your all-time masterpiece. How the heck could you come to an intelligent decision to make a summary arrest with so little information other than your campaign contributors telling you their version?

Better to pass it off to the grand jury, your grand jury to pass on the 'evidence'. In that way it protects your campaign contributors, and you.

The good news is you didn't make the summary arrests and make it up later - you made it up before the arrests.

Oh, heck, what does the Education Department and Health Depratment know of such things. Better to avoid their pesky opinions about what is criminal and what is not concerning the conduct of nurses.

I know you are a smart fellow, but I didn't know you or your three detectives have medical degrees.

You and three detectives sat in on the interview. There was no mention that you sought the advice and counsel of your top lawyers. After all you are the Master of The Universe; who can tell you anything you already know?

You should really consider going back to private practice. I am sure you have plenty of your old business cards to hand out to cops to get your practice going again. Who knows, maybe you can even get the Muppets to help you (remember that one) get a killer off. Heck, that was funny.

What kind of investigation did you do on this case. Was it as 'vigorous and thorough' as the one former DA Pat Henry did when the SIC advised him that you handed out those business cards to police officers? Real thorough investigation. The SIC reported that Mr.Henry instructed one of his bureau chiefs to call your law partner to determine if the charges were true. As you and your former partner are Honorable Members of the Bar, and are Officers of The Court, I am sure your partner's statement to Mr.Henry that it wasn't true was enough to convince him what was testified to by police officers wasn't true.
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#25
Oct 8, 2007
 
continued......I can understand why you would think a grand juror wouldn't have been able to process expert opinions from independant medical professionals. They just don't have the intelligence to process such technical information. Why bother them with such minor details when they have you to tell them what to do?

In the words of Judge James C. Hudson when your assitant tried to get in testimony that a person can get body mass by taking steroids. It was Judge Hudson who told your assitant that unless he was going to bring in an expert to attest to that he could not proceed further. He also added that if your assistant did bring in such a witness that it wasn't within the 'ken' of the average juror to understand that.

My gosh, I guess your average Suffolk juror can never rule on a case where medical and techincal evidence is presented in a court of law; they are too stupid to understand that kind of testimony.

Why don't you just dispense with the Office of the Medical Examiner. The average juror can't understand their testimony anyway, or so said Judge Hudson.

You are a joke.
Clinician

South Salem, NY

|
Report Abuse
|
Judge it!
|
#26
Oct 8, 2007
 
miles wrote:
Smithtown Nursing Facility? sounds familiar, the place is filthy, the food is disgusting, but the care of Filipino nurses? Excellent! If these nurses resigned, it is no longer their problem if the facility had a hard time when they left. They should always have a contingency plan to whatever circumstances that will happen in the future. DOH investigation after a year? I am sure there will be coverups in this investigation if the person doing this is one of Schummer's people.
I am sure the nurses were excellent however there is a code of ethics that they must follow and abandonment is considered neglect which is a form of abuse. Neglectful nurses need to have their licenses revoked or at least suspended. As far as the investigation, I hope they close the place down. Maybe it will be an eye opener for other nursing homes because I know first hand that this is going on in more places then you want to believe.
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#27
Oct 8, 2007
 
Clinician wrote:
<quoted text>
I am sure the nurses were excellent however there is a code of ethics that they must follow and abandonment is considered neglect which is a form of abuse. Neglectful nurses need to have their licenses revoked or at least suspended. As far as the investigation, I hope they close the place down. Maybe it will be an eye opener for other nursing homes because I know first hand that this is going on in more places then you want to believe.
THE QUESTION IS: DID WHAT THE NURSES DO AMOUNTED TO ABANDOMENT?
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#28
Oct 8, 2007
 
IF THE nurses threatened to walk for more money then I would say they were inconsiderate, and maybe heartless. I am sure this was a long going issue that the nursing home ignored. Why is it when someone leaves a job, or strikes, it is always the fault of the worker, and not the employer?

“leading people to FREEDOM!”

Since: Sep 07

none

|
Report Abuse
|
Judge it!
|
#29
Oct 8, 2007
 
Clinician wrote:
<quoted text>
I am sure the nurses were excellent however there is a code of ethics that they must follow and abandonment is considered neglect which is a form of abuse. Neglectful nurses need to have their licenses revoked or at least suspended. As far as the investigation, I hope they close the place down. Maybe it will be an eye opener for other nursing homes because I know first hand that this is going on in more places then you want to believe.
Shortly after these nurses resigned Sentosa filed a complaint against the nurses to the office of the professions NY state educ. dept. for allegedly abandoning of patients. All 27 nurses who resigned including those from other facilities had all their licenses suspended pending investigations. Eventually after series of investigations the office of professions (Dept. of Educ.) concluded that there were no basis on the complaint and their licenses restored. It makes me wonder why 10 of these nurses were now indicted on the same allegations? Endangering the welfare of a child/disabled person?

How stupid can that be. Even a moron will know that this kind of a case is illogical.

“Small gov't.Low taxes, Freedom”

Since: Mar 07

Ronkonkoma

|
Report Abuse
|
Judge it!
|
#30
Oct 9, 2007
 
Clinician wrote:
<quoted text>
I am sure the nurses were excellent however there is a code of ethics that they must follow and abandonment is considered neglect which is a form of abuse. Neglectful nurses need to have their licenses revoked or at least suspended. As far as the investigation, I hope they close the place down. Maybe it will be an eye opener for other nursing homes because I know first hand that this is going on in more places then you want to believe.
So what's your point again?

Since they NEVER abandoned anyone? Or neglected them? Or abused them?
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#31
Oct 9, 2007
 
Sir Thopam Hat wrote:
<quoted text>
Shortly after these nurses resigned Sentosa filed a complaint against the nurses to the office of the professions NY state educ. dept. for allegedly abandoning of patients. All 27 nurses who resigned including those from other facilities had all their licenses suspended pending investigations. Eventually after series of investigations the office of professions (Dept. of Educ.) concluded that there were no basis on the complaint and their licenses restored. It makes me wonder why 10 of these nurses were now indicted on the same allegations? Endangering the welfare of a child/disabled person?
How stupid can that be. Even a moron will know that this kind of a case is illogical.
'SHORTLY AFTER' it all depends on your definition of what 'shortly' means. It is my understanding that the nursing home didn't notify DOH that they had an emergency situation as they should have done so immediately when such a dangerous situation is believed to be existing.

TOM SPOTA, THE ALL KNOWING AND OVERLORD OF ALL THINGS, AND THE ABLE HELP OF LEONARD LATO KNOWS BETTER.

TOM SPOTA SHOULD GIVE UP HIS DAY JOB AND BECOME A TELE-EVANGILIST. This way he can wear the robes of a holy man while being the DA. What color do you think his robes should be:

purple, crimson, or white?

Purple for a Bishop
Crimsom - like a Cardinal - or a Devil.
White - Like the Pope.

or brown like the color of.......?
Shawn

New York, NY

|
Report Abuse
|
Judge it!
|
#32
Oct 9, 2007
 
Spelling is not the issue here. There was no abandonment, if there was then NYSED would have suspended their licenses. Abandonment means leaving the patient without transferring his/her care to another nurse. This does not include resigning from your job. All the nurses were either not on duty or for those who were on duty, endorsed the care of their respective patients to the incoming nurses.
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#33
Oct 9, 2007
 
Shawn wrote:
Spelling is not the issue here. There was no abandonment, if there was then NYSED would have suspended their licenses. Abandonment means leaving the patient without transferring his/her care to another nurse. This does not include resigning from your job. All the nurses were either not on duty or for those who were on duty, endorsed the care of their respective patients to the incoming nurses.
EXACTLY, Shawn, but DA Spota, The Lord Thy God knows better. He has presented this case to the grand jury and they have indicted. Even a Supreme Court judge endorsed the indictment as being meritorious.

What a great guy the DA is. He could have arrested them on the spot, but he gave them the benefit of the doubt and let the grand jury hear his fair and unbiased presentation to the jury.

The attorney is no light weight, I assure you. He is a Nassau based attorney well versed in the law, and I expect he knows well of the Suffolk County DA, and his shenagins.

I spoke to a high powered attorney in Manhattan today and he said "Suffolk County is a very dangerous place."

What does most of the entire NY metropolitan area legal community seem to know that the Bozos in Suffolk don't know? He also said,'I try to stay out of there if I can help it.'

This fellow is NOT one of the signers of the Marty Tankleff Amicus Brief submitted to the appellate court on Marty's behalf, nor he is one of the many distingushed other attorneys who have written letters of support for Marty Tankleff.

He is NOT one of the 10 attorney law firms that have entered into this case on a pro-bono status arguing the case before the appellate court.

Why do ten distinguished law firms lend their support pro-bono? Because they know justice is not a commodity in Suffolk County. Can it be any clearer than that?
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#34
Oct 9, 2007
 









Many prosecutors seem to be constitutionally opposed to granting new trials on the basis of DNA evidence. Why?
Interview with Bennett Gershman, a former prosecutor. He discusses in this interview why the criminal justice system resists conceding errors and correcting mistakes.

If the prosecutor agrees to look at new evidence, or agrees to some kind of hearing, the prosecutor suggests doubt that the prosecution of this defendant may not have been correct. And he can't let any doubt come into this case. He's got to create the aura that this defendant is clearly guilty.

Why is this aura of infallibility so important?

Once the prosecutor suggests that there may have been a mistake, the prosecutor is suggesting that his office has acted incorrectly, or possibly unprofessionally. The prosecutor can't do anything that undermines the public's confidence in the prosecutor's office. Once the public begins to doubt that prosecutors convict guilty people-- that there may be mistakes or errors in the system-- that undermines public confidence in the prosecutor... The prosecutor may even lose his own position.

But what if the prosecutor who fought for the initial conviction is no longer around and it's a new prosecutor in the job?

The office of the prosecutor is an institution. The prosecutor's office does not want to acknowledge error. They won't acknowledge a mistake. They won't acknowledge that innocent people have been convicted. They may acknowledge it to themselves, or to the police. But this is a dirty secret that prosecutors don't talk about in public. Many prosecutors know that they convict innocent persons, but they're never going to admit that publicly. It could be political suicide to say, "Yes, we make mistakes. Yes, innocent people are convicted. We do the best we can, but no system is perfect." They can't say that.

But now DNA could effectively say it for them.

Some prosecutors would make the effort to determine if an innocent man was convicted. But most prosecutors just don't do that... The prosecutor invests months, and possibly years, in prosecuting a person, working with the police, the witnesses, and the family, to engender confidence in all these people. The prosecutor says to a jury, "This man is a horrible killer. Find him guilty. Do the right thing." The prosecutor does not want to come back years later and say to the judge, the witnesses, and the family, "We made a mistake. The man I called a horribly subhuman beast is really innocent." He might let somebody else do that, like the judge, or maybe the media. But that prosecutor doesn't want to undermine our system of being certain that we don't convict innocent people.

Other professions are able to acknowledge mistakes, aren't they?


Our law enforcement culture is so adversarial, so combative, that we don't allow acknowledgments of mistakes. We just don't do it. Prosecutors champion the victims, the underdogs in society. When you acknowledge a mistake, you show a certain weakness, and the prosecutor does not want to appear weak, or confused, or uncertain. The prosecutor wants to project the image of toughness, certainty, and confidence...

So, DNA evidence doesn't matter?
A lot of prosecutors don't want to know anything more. They've gotten the conviction, they fought hard to preserve this conviction on appeal, the case is over, the books are closed. They'll let somebody else raise any new evidence, but they'll oppose it. They won't concede that an error was made... They fight evidence with all their might right now. Thousands of defendants were convicted before we had DNA evidence. The prosecutor will simply say, "My case was proved correctly, the witnesses were honest and credible, and the appellate courts said that the conviction should stand. That's our position today, and we don't want to go into it anymore."



CONTINUED.....
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#35
Oct 9, 2007
 
Is this a political position or a psychological state of mind?

[Prosecutors] are political officials. If the public thinks they are pro-criminal, weak, and soft on crime, it'll hurt their chances for political advancement. That's the political aspect when the prosecutor refuses to entertain claims of innocence...There's a psychological aspect. There's the idea that the prosecutor has put his professional life into the case. He believes the defendant is guilty, and fought that case. He's not going to tell the court, the media, and the public that he was wrong. If he does do that, it's so unusual that the media will focus on that so much, that the prosecutor is embarrassed in some parts of the community...

You seem critical of prosecutors. Are you anti-prosecutor?

I passionately loved my work as a prosecutor. I wish that more prosecutors would see their role as both convicting guilty people, and also as serving the cause of justice. I fear that, unfortunately, a lot of prosecutors don't see the role of doing justice as part of their responsibilities... I'm impressed by the courage and integrity of those few prosecutors who are the exceptions.[But] prosecutors who refuse to look at this evidence are being dishonest. They lack courage and integrity. But as political beings, they see their role as not confessing to any kind of an error. They believe that they've done everything properly and fairly, and a jury agreed...

What percentage of prosecutors are we talking about?

Virtually all local prosecutors are elected, and they're the ones prosecuting these crimes of violence. Very few federal prosecutors were appointed to prosecute the violent crimes. When I read cases involving very egregious misconduct by prosecutors, I'm convinced that it's a serious problem-- that too many prosecutors see their job as getting convictions, and vindicating the public interest...

Even when they know they're innocent?

The prosecutor doesn't think the defendant is innocent. The judge and jury found them guilty. The appellate courts reaffirmed the guilt. The prosecutor believes, and knows to a certainty, that this defendant is guilty... He can't bear to change his mind. Even if you gave him good reason, he'd say you're wrong.

And then DNA comes into the picture.
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#36
Oct 9, 2007
 
And then DNA comes into the picture.

The prosecutor would say that the DNA evidence is not conclusive, that what's conclusive is the eyewitness testimony, the confession, and other circumstantial evidence showing that the defendant was guilty. This is the conclusive evidence. The jury heard this evidence, and the jury convicted. Some other person or body can argue that the DNA evidence is conclusive-- maybe a judge, or maybe the governor, but not the office of the prosecutor.

And prosecutors believe it?

And they believe it. There may be some prosecutors who use some clearly unethical misconduct to prosecute a person who they know to be innocent. That has happened. But I'm talking about the prosecutor who has credible witnesses, and confessions, or other evidence. I'm talking about the prosecutor who's worked day and night focusing on this defendant's guilt, and preserving that guilt. They're not about to come turn around, come into a court, and admit a mistake. It's unrealistic to expect that.

Is the governor a safety net?

Governors very infrequently use their pardon or clemency powers. They might do it for a very minor crime, say, maybe a 25-year jail sentence for selling an ounce of marijuana. It's rare to see a governor pardoning or granting clemency to a person who's been convicted of a horrible murder. Governors have the same political considerations as prosecutors, maybe even more so.

So who cares about wrongful conviction?

Families, lawyers, and maybe some media care about wrongful convictions. But prosecutors and governors don't want to project concern about criminals.

If prosecutors could hear you now, do you think they'd agree with you?

Some prosecutors would agree with me, and some would not. Some prosecutors are so righteous, and so convinced of the defendant's guilt. But I think a lot of people would agree with me. I was a prosecutor for ten years. I think I know something of the mind-set here. For the American prosecutor, the system is war. They see it as a total abstraction. They're going to win that war, and it's combat to the death. They want the public to see the prosecutor as a warrior in combat.

What about claims of actual innocence?

Is actual innocence really relevant? It certainly isn't relevant to many of these prosecutors and to courts. I don't know how relevant it is to the Supreme Court when reviewing these convictions. I don't know how relevant it is to lawmakers who pass laws making it more difficult for defendants to raise claims after conviction... Innocence is not a high priority. If other claims have some merit, then innocence comes into the picture. But innocence by itself has very little priority in the system of justice, in terms of the kinds of claims that are made.

Can DNA help get a claim of actual innocence heard?

Innocence has very little relevance in post-conviction proceedings. It's very rare that a claim of innocence by can win a release... It's so unusual to see courts granting these DNA claims. When they do, it's partly due to the work of the media, the aggressive work of defense lawyers, and, occasionally, concessions from prosecutors. Several cases have been overturned. But hundreds, maybe thousands of people are still languishing in jail who might well be innocent
PeteF

AOL

|
Report Abuse
|
Judge it!
|
#37
Oct 9, 2007
 
The proof is there.

The proof might be available. The fact that they can't use it is a dark story in our criminal justice system today. It's a serious imperfection that needs to be exposed and corrected. I don't know how it will be done... You have to remember the prosecutor's mind-set. The prosecutor has invested his life, his profession, and his career in these cases. The crime is horrible, and he's vindicating the victim's family. He does not want to suggest a mistake, or suggest that the real killer or rapist is out there and we haven't done anything to apprehend that person. It's politically safe, and advantageous for the prosecutor to stand firm on the case, and the conviction... It takes courage, integrity, and honesty to change. Many judges, just like many prosecutors, lack these qualities. Some will help, but many won't.

home cases speaking out total system failure? how far will it go? video discussion
interviews synopsis tapes & transcripts press

AND THAT IS WHAT PROF.GERSHMAN SAYS IS THE MINDSET OF THE PROSECUTOR AND THE JUDICIAL SYSTEM IN THIS COUNTRY - A DARK SECRET.

“leading people to FREEDOM!”

Since: Sep 07

none

|
Report Abuse
|
Judge it!
|
#38
Oct 10, 2007
 
AMEN to all your posts PETEF. Learned so much from it. But one thing though has been bugging my mind after reading your posts, if indeed Suffolk county is a very dangerous place together with their "oh, so perfect" DA Spota do you think these innocent nurses will have a possibility of conviction? God forbid I hope this will not happen because this will creat a great impact not only in the nursing world all over NY but also with the labor laws as well! Damn!
anonymous

Oshawa, Canada

|
Report Abuse
|
Judge it!
|
#39
Apr 21, 2013
 
Filipinos look monkeys so ugly who would wanna have sex with them not me filipinos belongs in the jungle together with their own kind the monkeys besides Philippines is very filthy place.

Tell me when this thread is updated: (Registration is not required)

Add to my Tracker Send me an email

Showing posts 21 - 39 of39
|
next page >
Go to last page| Jump to page:
Type in your comments below
Name
(appears on your post)
Comments
Characters left: 4000
Type the numbers you see in the image on the right:

Please note by clicking on "Post Comment" you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

10 Users are viewing the Dix Hills Forum right now

Search the Dix Hills Forum:
Topic Updated Last By Comments
NY Who do you support for U.S. Senate in New York ... (Oct '10) 47 min change your MagicUnderoos 6,279
Vladimir Putin says he hopes no need to send tr... 2 hr Abdurratln 1
Swift Named Principal at Our Lady of Lourdes (Aug '09) 2 hr Bruser 2,219
Cutting of pastor's role called 'vindictive' (Oct '08) 2 hr Bruser 7,771
4 Levittown brothers accused in $70-million coi... (Nov '08) 15 hr tampabayallstar 416
What happened to RObert MAyer? (Aug '13) 15 hr Dan 815
NY Who do you support for Comptroller in New York ... (Oct '10) 16 hr Taxpayer 434
•••
•••
•••
•••

Dix Hills Jobs

•••
•••
•••

Dix Hills People Search

Addresses and phone numbers for FREE

•••

Personal Finance

Mortgages [ See current mortgage rates ]
•••