Nurse acquitted of elder abuse - Defense used prosecution’s witnesses
The trial of a former director of nurses at a skilled care facility accused of elder abuse ended in a mistrial after only a few hours of deliberation.
At about 11:20 a.m., the jury was let out for deliberations. At 3:40 p.m., they returned to court. The jury foreman announced that there was a 9-3 split, and, after Judge Daniel B. Proud polled each juror, it was unanimous that there was no hope for a change to a unanimous verdict. Nine were in favor of acquittal, three were in favor of a guilty verdict, the foreman said.
Proud released the jury, ending the trial. A hearing to announce whether the Attorney General’s Office intends to continue to pursue or to dismiss the charge will be held Nov. 18 at 1:30 p.m. in Department 2.
... Defense attorney Patrick Hanly said that his defense used the government’s own case. “You don’t need to look any further than Dr. Barnhill,” he said — a witness for the prosecution.
Barnhill found no problems with EDCC, did not suspect elder abuse and sent more patients to EDCC after the Esco incident than before.
A number of the prosecution’s witnesses were mandatory reporters of elder abuse, yet none of them filed a 341 form, Hanly said.
He pointed out that even with home care from her husband and at Marshall, Esco would still get impacted and have to be manually disimpacted. Was there abuse or neglect there? None was reported.
Read full story here: http://www.mtdemocrat.com/news/jury-votes-9-3-for-acquital/