Winkler County Nurse Update (#5)

by the Muse, RN on February 9th, 2010

Here’s TNA’s update on the criminal trial of Anne:

THANK YOU to everyone who has contributed to the TNA Legal Defense Fund in support of Anne Mitchell. A number of donations have come in within the last several days.

We wanted to give you a short recap of what happened during the first day and a half of the trial.

Yesterday, after jury selection the prosecution began its case. The State called only one witness, the Winkler County Investigator. The investigator testified about finding the letter to Texas Medical Board on the nurse’s computer. John Cook, one of the defense attorneys, pressed for “facts” that the investigator relied on to conclude Anne was harassing the physician, but the investigator could only say he relied on the sheriff’s investigation. The investigator admitted he did not try to verify if the allegations had substance.

The State called the hospital’s Information Technology (IT) technician next. Mr. Cook objected on the grounds that the IT tech was going to testify on extraneous matters and that the prosecutor had not turned over this information as required. The jury was dismissed for the day and witnesses were called to the stand to explain what their testimony would be.

The IT tech was put on the stand to testify as to what he would say in front of the jury during the trial. His testimony will be that in April 2008, Anne said the physician would be gone in a year. The Court said it would allow the witness’ testimony.

Next, the Winkler County Sheriff was called to explain what his testimony would be. In April 2008, the Sheriff heard Anne say the physician was a witch doctor, and shouldn’t be there, etc. The Court said it would allow this testimony.

The County Attorney said the State will present six to eight additional witnesses, who will testify that Anne said something similar to them also.

He could produce 100 witnesses all saying similar things…IT DOES NOT MATTER WHAT HER (OR ANY NURSE’S) PERSONAL OPINION OF THE DOCTOR IS – SHE IS STILL OBLIGATED BY LICENSURE AS A REGISTERED NURSE TO REPORT.

THAT, my friends, is the point here.

The sad part is the District Attorney has been told this. Numerous times. By pretty-high-up-authority, too – the Texas Medical Board, the Texas Nurses Association, the Texas Supreme Court…

What is his problem with this concept??

And, more importantly in my mind, why hasn’t the Texas judicial branch yanked his chain?? WTH!

He’s reflecting poorly on your state, Texas, and your legal system. I guess if that’s what you want, you are achieving it.