SAN ANTONIO-Elnora
Breed, at 88, was a strong-willed woman who went to church every
Sunday in Texas City, washed her clothes every Monday and regularly
mowed her own grass with a push mower, Texas Assistant General
David Marks says.
But for the last 47 days of her life, Mrs. Breed lay in her
own feces and urine, unfed and unmedicated, her flesh rotting
from bed sores - all because of the greed of nursing home officials,
Marks said Monday in the opening salvo of the landmark corporate
murder trial against the nursing home and five current or former
employees.
Autumn Hills Convalescent Centers Inc., a Houston-based firm
with 17 nursing homes, is charged with murder in the 1978 death
of Mrs. Breed. The trial was moved away from Galveston
due to extensive publicity.
Also charged with murder are Robert Gay: president; Ron
Pohlmeyer, vice president; Mattie Locke, nursing director;
Virginia Wilson, administrator of the Texas City nursing home
and Cassandra Canlas, head nurse at the Texas City home.
Attorneys for both Autumn Hills and the five current or former
employees deferred their opening statements until later.
"Basically, we're going to produce evidence to show that Mrs.
Breed died of cancer and not as a result of any lack of nursing
care," said defense attorney Roy Minton.
Monday, Ruth Linscomb, 83, Mrs. Breed's sister, took the stand
for prosecution and testified that during 40 to 60 visits she
made to the Autumn Hills nursing home in Texas City, she noticed
that her sister's bed was constantly soiled with human waste
and that she never saw the staff give the patient food or water.
"She had a big bed sore on her right hip," Mrs. Linscomb said. "It
was about the size of my palm and there was pus in it. It
was awful."
But during cross-examination by defense, Mrs. Linscomb repeatedly
had difficulty remembering facts about her (Mrs. Breed's) illnesses,
hospitalizations and death.
Marks said the state's evidence will show that Mrs. Breed
had been operated on for cancer in 1961, 1967 and 1976. She
also suffered a stroke and a broken hip in 1976, which lead
eventually to her being sent to Autumn Hills home in Texas
City.
"It will also show that she was cheerful and alert and that
she was not a vegetable," Marks said. "Her own doctor's
records will show that she was recovering and improved only
eight days before she was admitted to Autumn Hills on Oct.
4, 1978."
Marks said that the law requires nursing homes to provide
adequate and trained staff to provide the ill and elderly with
the same basic human care as would be given a baby.
"Yet what happened to Elnora Breed?" Marks asked. "For
the first day and a half after she entered Autumn Hills, she
was given no food, water or medication. She was allowed
to lay, day and night, in her own urine and feces. The
nurses and aides did nothing for her. "She was allowed to exist
this way for 47 days, her flesh rotting from sores so deep
the bone was visible," Marks said. "And then she died. If
a normal person was subjected to this, it would have killed
them, too."
Marks said that the five defendants, all officers of the corporation,
then committed wholesale falsification of records to show that
care was provided when it was not.
"These leaders were aware of what was happening to patients
and failed to respond and correct problems," Marks said. "Mr.
Gay, the president and Mr. Pohlmeyer, the vice-president, formulated
a financial policy of maximizing profits with the virtual disregard
for patients."
Marks said evidence would show that the corporation was $8
million in debt when Mrs. Breed entered the nursing home and
that $600,000 had been taken by Gay for his personal use during
1978.
"The evidence will show that what was happening to Elnora
Breed was symptomatic of what happened to other helpless patients," Marks
said. "Autumn Hills was an epidemic of rotting flesh, neglect
and abandonment of patients. And greed was the glue that
held it together."
Testimony continues Tuesday. |