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The Following was reported on the Orlando Sentinel Friday Jan 31 1997 Business Section B-1
Judge reverses hospital order

A state judge Thursday reversed an order aimed at barring three Orlando TV stations from broadcasting patient records of Charter Hospital Orlando South. The reversal, however, hinges on WESH-Channel 2, WFTV-Channel 9 and WCPX-WKMG-Channel 6 cooperating with the psychiatric hospital in Kissimmee. The dispute involving First Amendment rights and patient confidentiality arose last week when an Osceola County man found Charter Hospital records on a computer and gave the information to the stations. Jose Proenza-Sanfiel remains bound by the court order. Charter Hospital has sued him and the stations for violating patient confidentiality laws.

What follows are parts of the transcript of the Administrative Hearing and the cooperating efforts of the News Media.

This is Mr. Ricci. The AHCA investigator being questioned.

9 Q During the course of your investigation, you

10 were-- were you directed to obtain any copies of any

11 videotapes, which were broadcast on the local news in the

12 Orlando area?

13 A Obtain them from the station?

14 Q Yes, sir.

15 A Yes, sir.

16 Q Could you tell us what stations you obtained

17 tapes from?

18 A WCPX, Channel 6 and WESH, Channel 2.

19 Mr. DIXON: Your Honor, I would like to note

20 for the record that re have listed as Claimant's

21 exhibit as exhibit P-5 for the Agency.

22 JUDGE: Yes.


23 MR. TIFFANY: That's the videotape?

24 MR. DIXON: This is the videotape from WCPX,

25 Channel 6.





(561) 655-2300


Mr. TIFFANY: I have no objection to that,




JUDGE: Okay.


5 Q So, this is the same videotape, which you

6 acquired for us, are that correct?

JUDGE: You have received a copy or reviewed a


Mr. tiffany: It's all right. I won't object.


THE WITNESS: It was-- yes, that's it

11 MR. DIXON: For the record, this is also--

12 this is marked as P-6. This is a videotape from

13 Channel 2.


15 Q Is this the same tape that you received-- that

16 you obtained for us today?

17 A Yes, sir.


MB. DIXON: Okay, and they have-- the

19 Respondent has no exceptions to these, to the

20 admissibility of these tapes, is that correct?

21 MR. TIFFANY: No, sir.

22 MB. DlXON: your Honor, at this time we'd like

23 to move both videotapes, both exhibits labeled P-5

24 and exhibit labeled P-6 into evidence.

25 JUDGE: Well, are you going to show them?





(561) 655-2300


1 MR. DIXON: Yes, sir.

2 JUDGE: Okay.

3 MB. DIXON: Well, we're not going to show them

4 right now.

5 JUDGE: Okay. If-- without objection, if what

6 had been marked for identification as Petitioner's

7 Exhibit 5, is it? May I have the exhibits, please?

8 Mr. Dixon, may I mark the exhibits?

9 MB. DIXON: Yes, sir. Upon reconsideration,

10 we would like to view these tapes, if at all

11 possible right now, Your Honor.

12.JUDGE: Make sure we've got the right ones,

13 right?

1$ MR. DIXON: Yes, sir.

15.JUDGE: Okay. You're going to show what's

16 been marked for identification as Petitioner's

17 Exhibit 5 first?

18 MR. DIXON: Yes, sir.

19 JUDGE: Okay.

20 (Whereupon a portion of the videotape

21 identified as Petitioner's Exhibit 5 was

22 Played before the Judge, and the Proceedings

23 continued as follows:)

24 MR. DIXON: I'd like to note that during the

25 course of this-- it is clearly legible-- the





(561) 655-2300


1 patient records and names are clearly discernible

2 and that we have stipulated that the individual

3 identified as Juan in this video is the Respondent

4 JUDGE: Go ahead.

5 (Whereupon the remaining portion of the

6 videotape identified as Petitioner's Exhibit 5

7 was played before the Judge, and the

8 proceedings continued as follows:)

9 judge: All right. Before we do the next one,

10 do you wish to offer this at this time?

11 MR. DIXON: Yes, sir.

12 JUDGE: That's the complete-- for the witness,

13 this is the redacted copy?

14 MR. DIXON: Yes,

 15 JUDGE: Okay. No objection?

16 MR. TIFFANY: No objection.

17 JUDGE: All right. Without objection, what had

18 been marked for identification as Petitioner's

19 Exhibit 5 is admitted into evidence se Petitioner's

20 Exhibit 1.

21 (Petitioner's Exhibit Number 1 was marked by

22 the Judge, and introduced into evidence.)

23 JUDGE: All right.

24 Mr. DIXON: At this time I would like to play

25 which is Department Exhibit as Petitioner's Exhibit





(561) 655-2300


1 P-6. This is the news television story, which was

2 broadcast from Channel 2.

3 JUDGE: Okay. Go ahead.

4 (Whereupon the videotape identified as

5 Petitioner's Exhibit 6 was played before the

6 Judge, and the proceedings continued as

7 follows:)

8 MR. DIXON: Your Honor, we would like to offer

9 what is listed as People's-- I am sorry. As the

10 Petitioner's Exhibit P-6 into evidence.

11 JUDGE: Okay.


12 MR. TIFFANY: No objection.

13 JUDGE: For clarity, it seemed to be an

18 unedited tape. Is that-- or is that how it was

15 broadcast?

16 MR. DIXON: That was how...

17 THE WITNESS: There was a note included with

18 that one that they had to tape it from...

19 MR. DIXON: They had taken that from the...

20 THE WITNESS: The original copy wasn't clear,

21 so they taped this one from-- I forget the name of

22 it. There was a note inside of there, handwritten

23 note.

24 MR. DIXON: They taped that from-- this is a

25 dub made by the television station.





(561) 655-2300


1 COURT REPORTER: I am sorry? This is a

2 double...

3 MR. DIXON: This is a dub of the master made

4 by the television station.

5 JUDGE: Okay.

6 MR. TIFFANY: We don't have any objection to

7 that tape.

8 JUDGE: I am just trying to keep the record

9 clean, so we so I understand what we’re

10 looking at. All right. Without objection, the--

11 what had been marked for identification as

12 Petitioner's Exhibit 6 is admitted into evidence as

13 Petitioner's Exhibit 2.

14 (Petitioner's Exhibit Number 2 was marked by

15 the Judge, and introduced into evidence.)




18. On January 23, 1997, representatives for the Agency contacted Charter to coordinate efforts to preclude the release of the confidential information by PROENZA-SANFIEL to parties not entitled to access to said patient information. Charter’s representatives advised that their efforts to obtain possession of the confidential information from PROENZA-SANFIEL, were unsuccessful.


With all due respect given to the reporters themselves and the benefit of the doubt as to actions taken by management and their attorneys without their knowledge. Why would the news have to cooperate with the hospital if the hospital is suing them? Why does the court has grant them freedom of speech and specifically hinged on their assistance with the hospital? You the reader need to ask yourself that question. How many times has freedom of speech being considered by the courts and made a national standard? What did that cooperation entailed.? Did a stage got set up and a " mock " patient placed there and the right question asked.? Did the cooperation included the script of how a " distraught " patient was supposed to act.? Where are this patients ( 2 ) and their attorneys seeking damages.? Remember on the previous pages? Such patients have never been identified or appeared anywhere.? They can be called the ghost's that never were. If this is the evidence can there be serious doubts?

How willingly did the news media turn over their tapes to the AHCA no mention of a subpoena or the like. The news media also did not turn over the tapes of the news shows there were no patient's names there. I know that for a fact.!! So who is the AHCA protecting? Is it just a matter of principle that some patients could have been harmed by " my alleged transgretions ". THE NEWS MEDIA.. Turned over a copy of their master tapes a DUB OF THE MASTER TAPES. Did you notice that the Judge was surprised at no objections and as to the fact that he wanted to make sure that WE got the right ones? Is the judge impartial should he not let the attorney submit what he wants to submit? ( The administrative judge is part of AHCA and so is the prosecuting attorney) We sounds kind of differently now does it not? Especially when the other evidence is ignored as sworn testimony.

Have you ever tried to get a copy of a master tape from a news station? I have and it is worst than taking their mothers out in a date with a convicted rapist!! At most they will give you ( sell you ) a copy of the actual show trough some kind of promotional agency that is specially set up for that. Hell I have given them blank tapes on the spot while doing interviews for the POW/MIA issue for further reference and at most I got was a copy of the actual aired news. Never ever raw footage. Will the folks that watch the media give some feed back on this please.! Or will the reader try just to ask them for raw footage of anything to test the system and how it works.?

Enough said…. I have not made any lawsuits against the News stations and their attorneys do not allow them to talk to me but both the hospital and " the State " both sued the news stations. Yet they cooperate with each other.!

I'm constantly remind me by my Mom ( God bless her )!! Of the law of the Sea…. Son she says.. The Big fish always eat the little fish!! And a pair of sharks will work a school of fish to their advantage. Mom is right so often!

We are not fish, and we are supposed to have certain standards that keep us in the realm of Man and sensuous beings.! Where are the journalistic ethics where is the integrity of the reporters.! Where is their boastful claims of not being afraid of any one in power and that their whistle blowers will get the satisfaction of justice. Pleaseeee!

Again I would like to point out that even though all three networks have abandoned me. It is Richard Frolic representing WFTV-9 the only one that dared to send me some kind of response and I applaud him for his abdominal fortitude. Also in other reports that will be noted it was reported that WFTV-9 did not show any patient information. The other ones did not show it either as far as I can tell from the taped news broadcasts that friends and family recorded. " The only evidence" encountered so far is the one presented at the Administrative hearing and that we know how and where that came from. ( above ). It also needs to be recognized that I had specifically asked for the information to be blurred. I was trusting on the integrity of the reporters and I did not " share " information with them.

Further more it also needs to be noted that during the court case of Charter Hospital v/s Jose I was ordered by the court to turn over any and all evidence including video tapes. I did not know at the time that the news people were cooperating with the hospital. Could it be that if I had any video tapes that could prove my point in conflicting evidence as to the fact that no information was ever released to the general public.? I can not but wonder.?

Did you noticed also that there was no objection from my part as to the showing of the tapes.? If I had shared any information would I have agreed so readily say ok? A guilty person would of have come up with some kind of objection even if far removed right.!! Please also note that I had not been provided with a copy of the tapes to review as it is required by law before going to the hearing!! ( just another grain of sand ).

I SURE HOPE THAT YOU NOTICED ALSO THAT in the emergency order " the system " is working with the " alleged criminal " by coordinating efforts.


 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

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