……………………………….…………………..

HOW WAS THAT AGAIN.

Ahhhwww Shucks…!! I can't hear too well. I better clean my glasses.

This are the parts of the transcript of My Administrative Hearing that you should pay closer attention to. If you want to bother reading the whole thing it is posted within this Web site. ( AHCA ) in order to keep the reader abreast ( AHCA= Agency of Health Care Administration ) or ####

Also parts of the judgment given by Judge H Adams Sr. ( Charter V/s Jose ). $$$$$ and or why Jose did this.

 

Then when you are done with this part click here to see the stuff that the media had in reserve for me. 

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ BEGINS

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.; CI, 97-705.

CHARTER HOSPITAL 01F' ST. LOUIS, INC.d/b/a CHARTER BEHAVIORAL, HEALTH

SYSTEM ORLANDO, Plaintiff.

Vs.

WESH TELEVISION, INC., a/k/a WESH- TV NEWS-CBS CHANNEL 2, an affiliated of NBC, NEW CITY COMMUNICATIONS OF FLORIDA, INC., an affiliate of CBS, WFTV, Inc., an affiliate of ABC,

JOSE PROENZA-SANFIEL and JUDY Proenza-Sanfiel, individuals, and JOHN DOE DEFENDANTS,

DONE AND ORDERED, in Chambers, Orlando, Orange County, Florida, this day of July, 1897. John H. Adams, Sr., Circuit Court Judge

1. The Motion made under the title Patient Advocate", which requests an

Appointment and recognition as a "Patient Advocate", is DENIED.

3. The Motion for change of venue and/or removal to Federal Court is DENIED.

6. This request by Plaintiff is GRANTED, but is subject to the following Conditions; a, Plaintiffs counsel shall serve copy of this Summary Final judgment: upon the attorney representing the United States in connection with that certain lawsuit styled United States of America, etc. v. Charter I-Hospital of St, Louis, Inc. etc., et al, Case No, 94-1170-CIV-ORL-22, United States District Court, Middle District of Florida: and b. Plaintiffs counsel shall serve a copy of this Summary Final Judgment upon Charles Tiffany, who Defendant, Jose Proenza-Sanfiel, indicated was representing him in connection with an administrative proceeding involving the suspension of his nursing license by the Agency For Health Care Administration;

 c. Upon completion of the deletion of information, the Clerk of the Court shall turn over possession of the subject computer to Defendant Jose Proenza-Sanfiel;

 d. Should the deletion of information or software require the complete deletion of all software and information on the hard disk dove of the subject computer, Plaintiff will: required to furnish Defendant, Jose Proenza-Sanfiel, with a new or used computer substantially similar to or better than the. Subject: computer, containing software similar to or more advanced than the: software contained on the subject computer, absent the confidential patient information or other material information of Plaintiff and the software used to maintain same.

Paragraph 8 :

c. Upon completion of the deletion of information, the Clerk of the Court shall turn over possession of the subject computer to Defendant Jose Proenza-Sanfiel;

9. The Court DENIES Plaintiffs Motion to Tax Costs against Defendant, Jose Proenza-Sanfiel each party shall bear their own attorney's fees and costs

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ ENDS

 

BEGINS #### # ### #### ######. Please note that both #### and $$$$$ Participate in this area.

No divulging of "confidential" information, attention is also to be noted that Both of the court acknowledged witnesses Mrs. Everett ( Vice President of Quality Control Charter Hospital )and Mr. Ricci being the Investigator for the AHCA states:

Page 10

22 MR. DIXON: Your Honor, for our first witness,

23 we'd like to call Mark Ricci.

24 WHEREUPON,

25 MARK RICCI

ASSOCIATED COURT REPORTERS 105 SOUTH NARCISSUS, SUITE 608

WEST PALM REACH, FLORIDA 33401

(561) 655-2300

Page 11

1 a witness herein, being first duly sworn by the Judge to

2 tell the whole truth, was examined and testified as

3 follows:

4 THE WITNESS: Yes, sir.

5 JUDGE: Go ahead.

6 DIRECT EXAMINATION

7 BY MR. DIXON:

8 Q Would you state for the record, sir, your full

9 name and spell your last name, please?

10 A My name is Mark Ricci, R-I-C-C-I.

11 Q Mr. Ricci, there are you currently employed?

12 A Agency for Health Care Administration in

13 Orlando.

14 Q ...and what's your position there?

15 A Medical Quality Assurance Investigator.

16 Q How long have you been in that position?

17 A Four years.

18 Q What are the duties-- what are-- that duties

19 are associated with your position?

20 A Investigation of complaints against licensed

21 medical professional is in the state, a wide range of

22 complaints will come in, to insure that they're adhering

23 to the statutes that governs them.

24 Q Does your-- duties-- do your duties include

25 investigating complaints filed against nurses?

 

ASSOCIATED COURT REPORTERS 105 SOUTH NARCISSUS, SUITE 608

WEST PALM BEACH, FLORIDA 33401

(561) 655-2300

Page 12

1 A Yes, air.

2 Q ...and did you have an occasion to receive a

3 complaint filed against one Mr. Jose Proenza-Sanfiel?

4 A Yes, sir.

( No Divulgence )

Page 26

9 Q Okay. Now, did you talk to the news media

10 people involved in this?

11 A They won't talk to me.

it Q Okay. So, do you have any idea that the man

13 that said how upset he was on the tape, did you ever talk

14 to him?

15 A The man on the tape?

16 Q Yes.

17 A Are you asking me could I personally identify

18 him here today?

19 Q No. Did you ever talk to him? I am not

20 talking about Jose. I'm talking about the man on the

21 tape that said that he was so upset about his records

22 being disclosed. Did you ever talk to him?

23 A I don't know if it was him or not.

24 Q Did you talk to someone on the telephone who

25 said he was him?

 

ASSOCIATED COURT REPORTERS 105 SOUTH NARCISSUS, SUITE 608

WEST PALM BEACH, FLORIDA 33401

Page 27

1 A Yes.

2 Q Okay. I see. Did he tell you how he found out

3 that his records had been on t.v.?

4 A Oh, you mean the patient?

5 Q Yes.

6 A No, sir. No. I didn't talk with him.

7 Q Okay. So, you don't know whether that patient-

8 nobody knows where that patient information was

9 disclosed, was it something he hear in a brief blurb on

10 that t.v., or that somebody from the news media wrote his

11 name down and talked to him. We don't know what

12 happened, do we?

13 A I don't know.

14 Q You don't know, do you?

15

16 Q ...and you're the investigator that's supposed

17 to be investigating this case, right?

18 A That's correct.

19 Q S0, then we don't know how that man's records

20 got out?

21 A NO, sir.

22 MR. TIFFANY: Nothing further.

 

Mrs. Everett as a direct representative for Charter Hospital also states:

Page 29

MR. DIXON: I am calling Ms. Kim Everett.

10 WHEREUPON,

11

KIM EVERETT

12

13 tell the whole truth, was examined and testified as

14 follows:

is THE WITNESS: Yes, sir.

16 JUDGE: Go ahead.

17

DIRECT EXAMINATION

18 BY MR. DIXON:

19 Q Ms. Everett, would you please state your name

20 for the record and spell your last name?

21 A Kim Everett, E-V-E-R-E-T-T.

22 Q ...and who are you currently employed with?

23 A The General Health Services.

24 Q What is the relationship of the General Health

25 Services to Charter Hospital?

Page 30

1 A We are the 509 parent company of the Charter

2 Behavioral Health Systems, and Charter Behavioral health

3 Systems, Charter Hospital of Orlando.

4 Q ...and what is your position there?

5 A I am Vice President of Risk Management.

6 Q In your position, did you come to /have any

7 knowledge of anything having to do with confidential

8 patient information from Charter Hospital being in the

9 possession of one, Jose Proenza-Sanfiel?

10 A Yes, sir.

Page 33

24 JUDGE: Cross examine?

25 CROSS EXAMINATION

ASSOCIATED COURT REPORTERS

105 SOUTH NARCISSUS, SUITE 608

WEST PALM BEACH, FLORIDA 33401

34

1 BY MR. TIFFANY:

2 Q Ms . Everett , are you still working for

3 Magellan?

4 A Yes. sir.

5 Q Okay. Have you talked with your attorney about

6 your testimony today?

7 A Yes, sir.

8 Q Have you testified in other proceedings against

9 Mr. Sanfiel?

10 A No, sir. I have not.

11 Q Have you given statements in other

12 concerning this matter?

13 A NO, sir.

14 Q This is the first time you've ever/ been

15 questioned under oath?

16 A Yes. sir.

( No Divulgence )

Page 35

16 Q Okay. To your knowledge has-- has anybody from

17 the government, state, federal or municipal or whatever,

18 investigating your outfit for allowing this information

19 to get loose?

20 A No. I'm not aware of any information

21 0 Okay. Now, would it be safe to say when you

22 were talking with my client that he got perturbed with

23 you?

24 A I would say, yes, that's probably accurate.

25 Q ...and to your knowledge after the conversation

ASSOCIATED COURT REPORTERS 105 SOUTH NARCISSUS, SUITE 608

WEST PALM BEACH, FLORIDA 33401

36

1 you had with him...

2 A Yes, sir.

3 Q ...has any confidential materials been released/eased

4 about any patients that were in that computer?

5 A No, sir. Not to my knowledge.


Webmaster's Comments.

Ok ? Did you get it.? If not please read it again. Why? Jose?

$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Begins.

The Judge said the computer belongs to Jose and he does not owe Charter anything in damages each will bear their cost. ( Thank God ) What does that tell you? Think about it then continue.

Judge Adams also said no I will not recognize you as the patients advocate. Think hard about this now. Please see the Nurses code of ethics and what it means.

Judge Adams also said no the case will not be moved to Federal court even though the evidence is directly related to the Federal case. In the same order he says Charter you will notify the Fed's about this OK.?

Judge Adams also says everything in the computer belongs to Jose but not the confidential information. Think hard on this now next time that you buy a car " as it is " if the trunk is full of diamonds well the diamonds do not belong to you. Is there such a thing as legal ownership of anything on computers from now on this is a case precedent folks. Any computer Nerds out there.??? Please understand that I could give a darn about any ones personal problems. Except while I'm caring for them as a nurse or if they come to me about it then I care but just to have it…. In my home computer?? Pleassseee..!! I do however care as stated before. ( a ) The right of ownership when you buy something. (b) And the case precedent that this makes for consumers. $$$$$$$$$$$$$$$$$$$$$$$$$$ Ends

 

######################################……Begins

The two witnesses that were acknowledged by the court and in direct involvement on the case state. No information was disclosed. So why say anything else on this page about it. Just click on all the hyperlinks on each section for insight.

##################################### and $$$$$$ Ends.

You be the judge and the victim from now on any time you buy something and it contains, something that belongs to some one else. In the principles of law as far as I know you buy it as it is it is yours for better or for worse…..NOT NOW…even if it is applied to computers your property can be taken from you selectively.

Ohhh Yeahh please remember that " the alleged patient's " have never surfaced on this case demanding justice for them selves. Could this have been a plant by the news media. In order to " spice up the news report's " Questionable doubt no? Either that or " the patients " were so mentally disturbed that they can not look on the yellow pages for " MALPRACTICE ATTORNEY'S " and they are further so mentally disturbed that they can not watch TV and call the 800 #'s constantly being advertised for malpractice….. Pleeeeaaaaseeeee….?

Where is the News media

Where are the Consumer groups…..did you read above.?

Where are the Federal attorneys and their demand for the evidence? Should right behind them not be a bunch of Tax- Advocates.??

Where in hell are the Nurses advocate groups? Does this ruling not disturb your sense of " Code of ethics " as a national standard?

Where in hell are all the patient advocates and patients rights groups.??

I tell you where they are they are. They are out there trying to get your money so that they can defend you when the time comes. SO PLEASE…PLEASE….when they come knocking at your door give them plenty of dough OK. They really are doing their Job very well they just need MORE MONEY.

Well actually you do not have to wait for them to come to you look at the links below and send them E-mail ask them their address so that you can send them some money.

Do not send money to Jose he does not need it. The bastard is an immigrant that came here with the clothes on his back, to take the jobs of good Americans. . All the rhetoric about coming from a communist Cuba is a lie. He does not care about freedom. He went into the USMC because he loves to kill and in order to get rich you know how well the military gets paid. After he got out of the Marines. He became a Nurse so that he could smell the aroma of bedpan's while at the same time stealing the wallet's from the open gowns of his patients, You know how they all are. Hell Jose does not need money. The 18 months that he has been out of a Job are nothing more than a rich mans vacation. He only says that he is about to loose his house and truck so that the Bank feels sorry and extends his loans..!! He is hiding the money on the mattress.!! Hell don’t send Jose money go to the nearest Federal building and give it to them. Do you not know we have a national deficit in the budget.? The Fed's have to have money to pay the attorneys so that they can defend the tax payers coffers. Even if all the world sent me all of their money I would not trade it for a good Friend.

I could go on and on but the fairy tales must come to an end.

This page was inspired by the DENKIE DAO family messages to the Nam Vet that I asked this question…… DO you remember when you came from Vietnam? How it was that it felt going and doing what your country asked you to do. Do you recall how you felt when you was spited on and called a baby killer? Do you remember how long it took for the country to realize what you did and receive proper acknowledgement for what you did? Think about it? If after reading this full page and if after reading the other pages in this web site my precious Denkie Dao family does not come to my aid then I will know that I need to find the deepest hole in the bottom of the earth and wait for my maker.

FIRE IN THE HOLE.

Keeping the faith. Cpl. Pro GB GBA. GBAA.

 


  This is the part that shows you care a little extra. Please take the time and go to some of these areas and let them know how you feel, and what they can do to help. Thanks so much. Also, contact any other person you wish. It is a free country still. SPECIALLY in my place!!

E-Mail Address for Nursing Organizations

Email Address for US Senate………………

E-Mail Address for US House of Representatives

 

Is a BEAR of a job but if you like you can also reach the whole Nation trough the air ways via Radio and TV Links

 

We the people can make changes.!!

And if you E-Mail this Journalists will help us all.

 

 

 

 

 

 

 

 


************* NOTE OF INTEREST *********************

I have been caring for the American Way of life for a while now.... you can see the other part of me on the other Web Site that I also maintain. That Web-Site deal's with the POW/MIA Issue Please visit it and get involved there are still men left behind and they need your help also. Visit " THE REAPER'S EDGE A POW's SCREAMED ECHO IN CYBERSPACE "


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.Contacting Jose via E-ail..Mailto:onenurse@noangle.com

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