Feds, state warn Delaware Psychiatric Center about shredding evidence

From Delaware's The News Journal

Revelations that documents were being shredded at the Delaware Psychiatric Center at the same time federal and state agencies were investigating the hospital have prompted stern warnings from the United States Attorney's Office and Delaware Attorney General Beau Biden.

In a letter Friday to DPC, U.S. Attorney Colm Connolly's office warned Vince Meconi, secretary of the Department of Health and Social Services, that Connolly did not take the possible destruction of evidence lightly.

"We are concerned about this reported document destruction, and write to remind you and your employees of your duty to preserve any materials that may be relevant to reasonably foreseeable litigation, as well as your duty to not destroy or impair any documents so as to interfere with their availability in an official proceeding," wrote First Assistant U.S. Attorney David C. Weiss. "Accordingly, we ask that you cease any document destruction efforts that relate to DPC."

After revelations about patient abuse and retaliation against nurses who report the abuse were first chronicled last month in The News Journal, Connolly notified Justice Department regulators in Washington about possible civil rights violations at DPC. At least six state and federal agencies are examining conditions at the trouble-plagued state hospital, including a task force recently established by Gov. Ruth Ann Minner.

The News Journal broke a story about the shredding program last week. Meconi and other state officials said DPC was not involved, even though DPC's administration building was on the list of buildings visited by the contract shredding firm. According to the firm, the shredding operation ended Friday.

Connolly and Biden declined to comment for this story.

DPC director Susan Watson Robinson said only that she received Connolly's letter Monday, which "reminded us of our obligation not to shred any documents."

In a written response to the U.S. Attorney's Office, which Robinson provided along with the Justice Department warning, Meconi said that "no DPC documents have been destroyed or discarded, nor will they be destroyed or discarded during the course of any state of federal investigation or inquiry."

"All records pertaining to DPC remain intact and accessible to any law enforcement or monitoring agency," Meconi wrote. "In addition to your directive, we have previously been directed not to destroy or discard DPC documents by the state Department of Justice."

The "document shredding program" has prompted calls for Meconi's resignation from Rep. Gregory F. Lavelle, R-Sharpley, who described the shredding as "the straw that broke the camel's back."

It also prompted action from State Treasurer Jack Markell.

Markell sent a letter to the co-chairs of Minner's task force, Rita Landgraff and Peter Ross, requesting they "make every attempt to address a series of pressing questions being raised by Delawareans."

"Over the past several weeks, I have heard again and again while traveling the state a deep level of concern over the many and continuing unanswered questions about ongoing care at the Delaware Psychiatric Center," Markell said. "With this letter, I am hoping to bring a more focused voice to many of those concerns that I share with so many other Delawareans, and to request of Governor Minner's task force that they try to make every attempt to provide these answers to the concerned families and friends raising them."

In his letter to the task force, Markell asks a lengthy series of questions, covering a broad scope of problems identified in the ongoing News Journal special report.

"There's a lot of unanswered questions," he told The News Journal. "I think the task force's work could benefit the state and the public if they tried to answer some unanswered questions. The commission they've been given is important, but I think there's a lot of unanswered questions that could restore public trust. The letter speaks for itself, in terms of my motivations."

Markell wants the co-chairs of Minner's task force to determine whether security cameras -- promised early on during The News Journal's investigation -- have been ordered, and whether DPC would be better off with a psychiatrist in charge.

He also wants to know why a request made by The News Journal under the state's Freedom of Information Act for copies of every patient-abuse report filed since 2001 was rejected. He hopes that the task force reviews the forms.

Another series of Markell's questions pertains to documented patient abuse. On July 2, patient Preston Hudson's jaw was broken in three places inside DPC's admissions unit.

On July 15, The News Journal quoted Jay Lynch, spokesman for the Department of Health and Social Services, saying that Hudson's claims of being beaten by employees of the hospital "are not credible" and that Hudson tripped on the edge of a mat.

On Aug. 6, an attendant was indicted for second-degree assault and patient abuse in the case. Anthony R. Liggians Jr., 32, of Wilmington, was fired by DPC shortly before the charges were filed. His criminal case is pending.

"The original statement by DPC that the patient 'tripped' is, frankly, suspect, in light of this indictment," Markell wrote. "The Department's spokesman said hospital investigators initially relied on internal reviews and medical records to conclude Hudson's claims were not credible. What exactly did those medical records say? Did the doctor who performed the surgery indicate that the patient likely tripped? Is there to be any accountability beyond the indictment of the attendant?"

Of the shredding, Markell asked: "What is the shredding policy for DPC if one exists at all? What exactly was shredded and why was this particular time chosen for the shredding?"

On Monday, Robinson said Markell will get his answers during an upcoming public hearing by the legislative committee investigating DPC.

"All of these questions are the ones that we're looking forward to answering at the Sept. 11 hearing," Robinson said. "We're happy that in his letter, he acknowledges there are a lot of employees that are dedicated to providing high-quality patient care."

Markell is expected to face Lt. Gov. John C. Carney in a Democratic primary next year to replace Minner. On Monday, Carney said he called Meconi about the shredding.

Last week, Gov. Minner has expressed her "utmost confidence in Secretary Meconi and his leadership team."

Asked Monday if he shared the governor's confidence in Meconi, Carney repeated his concerns about the shredding.

"I am very concerned overall about this issue of public trust," Carney said. "I think the administration out there needs to change their attitude a little toward the whole process, and be more responsive to the questions being asked."