Sexual assault of comatose resident

Kristen Davis wrote a story in the Virginian-Pilot about a nursing home employee pleading guilty to sexually assaulting a comatose resident. 

Mark S. Albright faces up to 20 years in prison,  Albright, a licensed practical nurse, was working at Chesapeake Health and Rehabilitation Center when a female employee entered the room of a 43-year-old comatose patient the night of July 3. She saw Albright “with his mouth on” the woman’s breast, according to a police affidavit filed in court.

This is a sick and tragic story but at least the witness came forward and reported it.  Many times this kind of assault is covered up by the nursing home.

Another nursing home employee caught molesting residents

Deseret News had an article about the sentencing of a nursing home employee who molested an 85 year old resident where he was employed.  This is a tragic and preventable situation. Why didn't anyone supervise this CNA?  How could they have hired this guy?  Why did they allow him to plea to a lesser crime? How could they give him such a light sentence?

Jacob Mut Bolith was charged in July 2007 with first-degree felony rape, second-degree felony forcible sex abuse and class A misdemeanor lewdness. However, in a plea agreement, he pleaded guilty to forcible sex abuse, a second-degree felony, and the other two charges were dropped.  He was only sentenced to serve a one-to-15-year sentence and ordered him to pay restitution.

"To do this to my mother ... is unconscionable," one daughter said. Her other daughter said a medical exam showed that the defendant did more than "what he admitted."

The article doesn't mention if the facility knew or should have known about their employee's tendencies or if they did a background check or if they recieved prior complaints about his behavior or if the State even investigated the nursing home.


 

Abused resident dies before grand jury could indict

The Fort Worth Star Telegram had an article about a tragic situation where an abused resident died before the grand jury was able to indict his tormentor. 

Elaine Doores, a retired biology professor diagnosed two years earlier with Alzheimer’s, struggled to find the right words to describe the abuse she survived.   "He has hurt me a lot. Every time he bathes me. He puts things in me.  . . . He had sex with me more than once. It’s all the time in the bath."

The 68-year-old woman’s statement led to the arrest of Donald Gene Shelby, a certified nursing assistant at the James L. West Alzheimer’s Center where Doores had been living.

Her daughter says the district attorney’s office stalled in handling the case.  "They sat on it while the victim got worse," Pitt said. "That’s the disservice they did to my mom and my family."

She believes that prosecutors dealing with victims who have dementia or Alzheimer’s should try to present the case to a grand jury without delay.

Elaine Doores was placed in a nursing home Jan. 23, 2007, two years after being diagnosed with Alzheimer’s.  Pitt said Doores had difficulty speaking and performing motor skills but recognized relatives.

Pitt said that on Feb. 18, Shelby told her that her mother was upset the day before because the pajamas that she wanted to wear were dirty. Pitt said she was puzzled because her mother had never seemed to care what she wore.  Later, during the same visit, Pitt said that when she suggested getting "Donald" to help Doores go to the bathroom, her mother became agitated. When questioned, Doores told her daughter that Shelby was "bad" and had done something "wrong."

Pitt said she sought the help of a floor nurse, who asked Doores whether Shelby had touched her. Doores answered, "Yes." When the nurse asked where, Doores replied, "Everywhere," Pitt said.

Pitt went home and told her husband, Deven Pitt, a Fort Worth police detective. At his suggestion, the two contacted Detective S.L. Schloeman, the on-duty investigator with the sex crimes unit, and filed a police report.

Afterward, Doores provided a statement to Schloeman, a copy of which Pitt gave to the Star-Telegram. Doores described Shelby as "scary" and said she was afraid of him. She said he made threats and told her not to tell anyone what he had done.

Schloeman, now a sergeant in patrol, said that to determine Doores’ mental state, she had asked Doores questions, including some about her daughter’s birth date, the current year and where she lived. Doores answered every question correctly, Schloeman said.

"She displayed symptoms of having just a minor case of Alzheimer’s," Schloeman said. "She was able to give me a clear, concise description of what had happened to her. She was able to identify the suspect in a photo spread and identify him by first name."

On March 2, 2007, Schloeman obtained an arrest warrant for Shelby on suspicion of aggravated sexual assault. The next day, Shelby surrendered at the Tarrant County Jail and was released after posting $50,000 bail.

Tarrant County court records show that Shelby was indicted in March 1987 on a charge of indecency/fondling. The state dismissed that case in January 1988 after the accuser, a male minor, committed suicide. 

How could he get a job at a nursing home when he had been arrested for abusing a vulnerable person?  Did the nursing home do a criminal background check?

 

 

 

Another sexual assault at a nursing home

CBS affiliate KDKA in Pittsburgh had an article about another sexual assault at a nursing home facility.  Do they even bother to do background checks or supervise their employees?

A nursing home employee is facing charges after he allegedly sexually assauted a patient who uses a motorized wheelchair.  Allegheny County Police have charged Marc Lane, 37, of Kittaning, with involuntary deviate sexual intercourse, two counts of indecent assault, indecent exposure and criminal attempt.

The 65-year-old male victim who suffers from Parkinsons Disease said in a police report that Lane came into his room at the Consulate Health Care facility on Saxonburg Boulevard in Indiana Township between April 11 and April 25 and drew the curtain for privacy.

Lane allegedly told the patient he would treat a skin condition, but that in fact led to a sex act. The victim is refered to as "John Doe" in the affidavit.

"Lane then asked Doe if he had ever been with a man," according to the affidavit. The resident told police he resisted the advances but that led to another sex act until a nurse walked into the room.

After a mini mental status exam, the victim scored 28 out of 30. Police determined the victim is of sound mind.

Nursing home pays fine for allowing sexual predator in facility

Pantagraph.com had an article about a Bloomington nursing home paying a reduced $14,500 fine for failing to protect residents from a sex offender who was a patient at the facility.  This is outrageous and shows why lawsuits are necessary to insure that nursing homes are held accountable for their negligence and gross stupidity. 

Asta Care, 1509 N. Calhoun St., failed to screen a male resident who made inappropriate sexual advances to staff and two mentally disabled residents. The acts were noted in nursing records dating to October 2006 at the 117-skilled bed facility but were ignored by management.  The man, who was identified as a sexual offender,  was allowed to remain at Asta Care even after complaints were made by staff. 

Clearly this situation was avoidable if the nursing home simply checked the man's background.  It is shocking that the nursing home only had to pay a small fine for such outrageous conduct.

Sexual assault at nursing home

The Moultrie Observer reported a story about another nursing home employee who sexually assaulted a resident.  How can this happen if a criminal background check was done and RNs are properly supervising the staff?

Charles David Cone, 47, of 321 12th Ave. N.W. in Cairo, was charged with sodomy and sexual battery.   An employee at the Woodlands at Cobblestone on Cobblestone Trace reported Feb. 27 that Cone allegedly touched a 92-year-old male patient inappropriately. The patient stated there were two separate incidents, one on Feb. 25 and the other the next day.

According to a warrant for Cone’s arrest, he is accused of putting the patient’s penis in his mouth on Feb. 26. Cone allegedly fondled the patient’s genitals on Feb, 25,

Executive Director Joann Sloan said Cone was terminated from his job at Woodlands immediately after the alleged incident was reported.  “Our standard of practice and our goal is to provide a safe environment for our patients,” Sloan said.

Serial rapist caught working at nursing home

There is an article in an Ohio newspaper that discusses an alleged rape of a male resident at a nursing home.

After visiting her fiancé Saturday night at Concord Care and Rehabilitation Center, Linda Monegan knew something was wrong.  Unable to talk or see after suffering a stroke, her 55-year-old fiance nodded his head to signify he was in pain. He had been sexually assaulted by a nurse.

Concord Care night-shift nurse John R. Riems, 49, 100 block of W. Cedarwood, was arrested Monday on felony charges of rape and gross sexual imposition. During questioning Riems recalled abusing nearly 100 patients during his more than 20-year career.  Riems, who obtained his registered nursing license in 1985 through Providence Hospital's nursing school, has worked at several nursing homes.

Concord Care director Jessica Short refused to answer any questions. Instead, she handed over a four-sentence typed statement, closed her office door and called police. The statement indicated an employee accused of "inappropriately touching" a resident was fired.

After she told police about the incident, Monegan said she was ordered by a nurse not to return to Concord Care, and now fears for her beloved's life.

Many of Reims' victims were elderly or disabled and unable to report the abuse.

The family is calling for justice to be served not only on Riems, but the entire nursing staff, who they say are responsible for patient neglect.   Besides the sexual abuse, Monegan said her fiancé suffered from burns to his legs, dehydration, bed sores and an unkempt trachea tube while staying at Concord Care since October 2007.

"What if that was your family member?" Monegan said. "What if that was your loved one?"

Sexual molestation at nursing home

Dothan, Alabama police have arrested a 68-year-old man and charged him with molesting a woman at the nursing home where he lived last month. See full article here.

Aaron Howell is a convicted sex offender.  Howell violated the state community notification act when he moved into Westside Terrace Health and Rehabilitation Center on Nov. 30.  During the month of December he sexually abused an adult female employee there.

The violation to the state community notification act was discovered after an employee at the rehabilitation center viewed the sex offender Web site.  Thursday, Dothan police investigators charged Howell with felony first-degree sex abuse, and two felony violations of the community notification act.

Howell faces the new sexual assault charges nearly 15 years after he was convicted of molesting a 6-year-old girl in February 1993. Howell pleaded guilty in 1993 to first-degree sex abuse after Houston County investigators charged him when he lived in Cottonwood. 



Another sexual assault at a nursing home

In Moundsville, W.V.a.,  Police said a mentally handicapped woman was sexually assaulted inside a Moundsville nursing home. The suspect is Roy Reed Sheldon, 22, who was placed into a cruiser and headed to jail after his arraignment Wednesday afternoon. 

He sexually assaulted a 57-year-old mentally handicapped woman who was a resident of Dora Allietta Memorial Home on Eighth Street.   Police got a call over the weekend from an employee after the victim said Sheldon raped her.

A blanket covers the sign at the nursing home -- and it turns out Sheldon is no stranger to the place. Police said he lives on the top floor and his wife manages the home. Sheldon's wife no longer works there.

Sheldon is facing sexual assault, sexual abuse, and indecent exposure charges. Police said he gave a confession, but denies having intercourse with the woman.

Sexual assault of resident

Here is a disturbing article about a common problem in nursing home facilities.  A Berea man was arrested Monday on charges that he sexually assaulted a woman in a local nursing home.

Matthew Bryant, 25, of Old Walleceton Road, allegedly entered the Berea Health Care Center on Richmond Road in Berea. Police still aren’t sure how Bryant gained access to the building at that time of the morning.  Why weren't the doors locked? Where was the supervision?

Basically what happened is that the employees of the nursing home heard a patient scream.  When they went to where the patient screamed, they observed a white male run out of the room and run out a door.

The police department had received a call about an hour and a half earlier about a man matching Bryant’s description “peeping in windows” at another nursing home. Somebody there identified the man as Bryant.  A supervisor did a photo line up and took it back to the nursing home and they identified Bryant in that.

 

Sentence for rapist of nursing home resident

A former nursing aide who admitted raping and impregnating a profoundly disabled and defenseless woman at a Bloomingdale nursing home three years ago was sentenced Wednesday to 25 years in prison.

Reynaldo Brucal Jr., 20, pleaded guilty in November to aggravated criminal sexual assault of the then-23-year-old woman, who has cerebral palsy, is brain-damaged and has the mental capacity of a 3-year-old. She was in his care at Alden Village Health Facility for Children and Young Adults when the attack occurred in 2004.

Brucal, who is not a U.S. citizen, has been in DuPage County Jail since his 2005 arrest. 
After serving his sentence, he will be deported to his native Philippines.

Staff at the nursing home, where the victim and her twin sister had lived for 13 years, discovered she was expecting in June 2005 when she was more than 28 weeks' pregnant. A baby girl was delivered by Caesarean section in July 2005.

The twins, who cannot speak or function independently, have been moved to another area nursing facility, and their family has filed a civil lawsuit against Alden that is pending.

The facility also has been fined $10,000 by the Illinois Department of Public Health for lack of oversight and mishandling of the investigation.

According to the probation department's pre-sentencing report, Brucal admitted assaulting the woman because he was "bored."

But Brucal, who began working at Alden in September 2004 and was 17 at the time of the attack, "didn't believe he did anything wrong," Berlin said.

Initially, Brucal denied sexual contact but was arrested in November 2005 after admitting such contact, claiming a latex glove he used as a condom had failed.

See article here

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