New Braunfels Herald Zeitung (Newspaper) - October 8, 1985, New Braunfels, Texas
Herald Zeitung. New Braunfels, Texas
Tuesday, October 8, 1985
Nursing home cited for threatening conditions
SAN ANTONIO (AP) — The state health department found potentially life-threatening conditions at a Texas City nursing home 21 days before Elnora Breed died there seven years ago, a nursing consultant has testified in a murder trial.
Registered nurse Pauline Raper testified she was hired by the Autumn Hills nursing home in November 1978 to help the facility correct problems pointed out in a state health department inspection.
The nursing home had been placed on “compliance” for 15 days beginning Oct. 31.
Compliance, Raper said, means “deficiencies or of a nature they could be life-threatening to the residents and they need to be immediately corrected,” she testified Monday.
Raper is the third witness called by the prosecution in the state’s murder case against Autumn Hills Convalescent Centers Inc. and five of its current and former employees.
They are accused of murder by neglect in the Nov. 20, 1978, death of Breed.
The 87-year-old woman died 47 days after she entered the Autumn Hills home in Texas City.
The defense claims Mrs. Breed died of cancer.
Raper, who said she was hired as a consultant for five days, said she interviewed nurses’ aides at the Autumn Hills facility and found they did not know what their responsibilities were.
Aides, she said, are charged with bathing and turning patients.
“It was very haphazard care,” she said.
Raper said Mattie Ixwke, a defendant in the trial and a nursing consultant to the nursing home at the time, hired her for the five-day job.
“She (I>ocke) indicated it was an unfair survey,”
Raper said of the state health inspection.
“She just felt like she (health inspector Betty Rorn-dorffer) was picking on them and they needed an unbiased opinion on the nursing home,” Raper said.
The first thing she did when she began the consulting job, Raper said, was read the health department inspection reports and make a list of priorities.
“My first priority was to check Mrs. Breed,” she said.
“The patient was comatose, very thin, very frail. She had a foul-smelling odor coming from her. I lifted the sheet and found decubiti (bedsores) on both hips and the coccyx that were draining (pus),” she said.
The bedsores, she said, were as big as her hand.
“The one on her left hip, the crown was showing,” she said.
“There was no mention of her decubiti in the records so I was very shocked when I saw the patient,” Raper said.
Raper said she also found Breed was being fed about 600 calories a day, which she described as “a very inadequate diet.”
She said she ordered the nurse on duty to telephone the doctor, and Breed’s diet order was changed.
She said she also ordered the nursing home to notify Breed’s doctor about the bedsores and recurring diarrhea “that had not been corrected.”
Raper said she also found severe bedsores on two other patients.
The trial, moved to San Antonio because of extensive publicity in Texas City, began Sept. 9 with jury selection.
Testimony began last week.
Other defendants include Autumn Hills President Robert (lay, 58; vice president Ron Pohlmeyer, 41; Virginia Wilson, 62, former administrator of the nursing home; and Cassandra Canlas, 31, former director of nursing services at the home.
Court rules church homes must get licenses
CORPUS CHRISTI (AP) — A sticky church-state battle that raged for six years has ended in victory for the state of Texas, which can now regulate church-operated homes for troubled children.
The U.S Supreme Court, citing the lack of a “substantial federal question,” on Monday let stand a Texas Supreme Court ruling of last Dec. 19 that said three of those homes could not operate without state licenses.
“It means the state will now regulate it and see the children's best interests are looked after,” said Kina Christopher, spokeswoman for Attorney General Jim Mattox.
The homes — Rebekah Home for Girls, Anchor Home for Boys and Lighthouse Home for Boys, all founded by the late Rev. laster Roloff of the People’s Baptist Church — receive no local, state or federal aid.
The state sued the church in 1979 after it refused to have the homes licensed and regulated by the Texas Department of Human Resources, now the Texas Department of Human Services.
A trial judge in 1981 ruled in favor of the church and a state appeals court upheld the ruling in 1984 But the Texas Supreme Court reversed the ruling and the church appealed.
Bill Wood, spokesman for the Texas Department of Human Services, said the agency will wait for notification of the Supreme Court ruling.
“Then we’ll give them an opportunity to apply for the licenses und assist them in applying for them so they’ll Inin compliance with state law,” Wood said. “When that will be I don’t know.
“There are many other church-related institutions that are licensed. They’ll be treated like anybody else,” Wood said.
Roloff, the Baptist preacher who died in a plane crash rn 1982, went to jail and briefly closed the homes, sending boys and girls home rather than to succumb to state regulations.
In 1979, he transferred management of the homes from Roloff Evangelical Enterprises Inc. to the People’s Baptist Church to avoid state licensing requirements.
But then-Attorney General Mark White sought an injunction against Roloff, to either get state licensing or close the homes.
“The issue is not whether People’s Baptist is performing a service that falls beneath licensing standards. The three homes have a good record of high quality service,” the Texas Supreme Court said in last year’s ruling.
It added, however, that “governmental regulation may lawfully impose an incidental burden on otherwise protected religious conduct.”
In the appeal settled Monday, church lawyers said the state court ruling, “if allowed to stand, will destroy an ongoing and beneficient resource, and promise chaos in the lives of the children and families involved.”
The church also operates two other adult homes, not involved in the suit, (Hi 600 acres outside of Corpus Christi. In all, about 500 children and adults are at the homes.
They are recovering drug addicts or alcohols, runaways, abused children or those from broken homes.
Wiley Cameron, who was named pastor after Roloff’s death, did not return telephone calls made to the church by The Associated Press.
William Ball, a Harrisburg, Pa., attorney handling the
church’s case, was not in his office and his associate, Philip Murren, did not return calls to The AP
In 1979, Roloff, in court to fight the licensing requirement, explained why he transferred the ownership of the homes to the church.
“We decided the ministry of the church is to take care of the people in need. We felt we could have greater protection,’ he said. “The church has a protected area
that nobody else ought to have.”
Hance enters governors race
AUSTIN (AP) - Former Democrat Rent Hance, claiming that Texas Gov. Mark White has failed to provide strong leadership, lias formally announced as a candidate for the 1986 Republican nomination for governor.
“It’s a pretty well-known fact that I am the one who can beat Mark White and will beat Mark White,” Hance
said on Monday.
Hance joined former Republican Gov. William P. Clements Jr and U.S. Rep. Tom Daffier of Hunt in the GGP contest to choose an opponent for White next year. White has not announced but is expected to seek a second term. He defeated Clements in 1982.
"The lack of leadership in the prison system in the last two y ears is showing,” Hance said of problems in the Texas Department of Corrections. It’s in complete disarray.”
He said the state should consider further appeals of prison reforms that were ordered by U S. District Judge William Wayne Justice of Tyler.
Judge Justice is not the only federal judge in the United States,” Hance said “We can appeal."
However, the state already has entered a series of out-of-court agreements for making prison improvements.
DALLAS -- A Wichita Falls legislator says state leaders are entering into “a new era” as they seek answers to prison overcrowding, and alternatives to the traditional criminal justice system are needed.
“I think it is apparent that we’re having a very difficult time managing a prison system of 37,000 people,” said Sen. Ray Farabee.
He said the budget crunch in state government makes it necessary to develop "more creative ways” of dealing with the criminal justice system.
Farabee told about IOO members of the Texas Corrections Association that nonviolent prisoners who committed minor crimes should not be incarcerated in the overflowing state prison system.
“It is too expensive and it is counterproductive,” said Farabee. “Unless we come up with more creative ways of dealing with these people in the criminal justice system, there won’t be any money for other
ultralock is the
MODERN SEWING MACHINE FOR THE modern WOMAN WITH A MODERN LIFESTYLE. Most home sewers have a limited amount of disposal time to devote to sewing They appreciated the chance to assemble garments in V* the time it took formerly Ultralock sews a flexible straight seam, overlocks the edge of the fabric to prevent raveling and trims the excess seam allowance all in one pass through the machine.
Policeman shot marries in hospital
HOUSTON (AP) - I .ake Jackson policeman John Bailey had planned to lie married on Wednesday, but a bout with a burglar over the weekend forced a change in plans.
Bailey and his bride upped the the wedding day by two days and the couple married in his hospital room, where he is recovering from gunshot wounds.
The 31-year-old g the debt ceiling. However, any amendments wouldget married sooner. Moving the wedding day was fine with his fiancee Marcy Brown, 30.
The couple was married by a justice of the peace Monday at Hermann Hospital
Bailey was shot with his own gun in the back about 1:30 a.m. Saturday as he tried to arrest a burglary suspect, I^ake Jackson Police Chief P C. Miller said.
“First he stuck the gun to my head and said he was going to kill me,” a weak and frail Bailey said as he sat in a wheelchair. “Then he made me lay face down on the street and shot me in the back.”
The new Mrs. Bailey wanted to tx* a police officer but Bailey told her she should change her mind and she has.
Doctors expect Bailey to spend the next two weeks in the hospital recovering.
Gillett to appeal life sentence
BROWNWOOD (AP) — Michael Leigh Gillett will appeal the murder conviction and life prison sentence jurors handed him for a bofficer said being close to death made him watep-grandmother dead, his attorney says.
Gillett, whose cool composure during two weeks of testimony cracked when the jury returned its verdict Monday, rubbed his eyes and blankly stared at tile defense table as his mother wept.
His reaction was the same when jurors steppes him with the life prison sentence aod $5,000 fine after another one hour and 20 minutes of deliberations
The life sentence was the maximum sentence that could be returned on the s he sat in a wheelchair. “Then he made me la could have brought a death sentence was dropped Monday morning.
Prosecutors had claimed that Gillett, 28. of Iienton plotted the murder-for-hire slaying of his wealthy grandfather, James R. Beadel, that resulted in the
Assailant in fatal stabbing sought
DALLAS i AP) Police are still searching today for the man who stabbed a Grand Prairie teen-ager to death in an alley behind thea state Fair notched murder-for-hire s building, officials say
The Sunday night death of 19-year-old Donovan ( Goodman stemmed from the third .stabbing since the fair opened last week, and police say that despite the heavy security, crime is unavoidable
“It’s a tremendous mass of humanity out there, and
whenever you assemble that many people, there is going to be a certain amount of crime,” Dallas police spokesman Ed Spencer said Monday.
Spencer said about 70 police officers are deployed incharge of murder. A capital murder charge pencer said a variety of crimes typically occur at or around the fair.
Goodman died of a chest wound at Baylor University Medical Center at 8:36 p.m. Sunday, a hospital spokesman said.
Prosecution awaits defiant
SAN ANTONIO I AP i AIDS victims who persist in spreading the disease despite warnings from public health officials could face quarantining and criminal prosecution, a district attorney says.
Bexar County District Attorney Sam Millsap said Monday that his office and the health district will begin notifying AIDS victims they could face those measures if they continue to engage in sexual intercourse or blood donation.
Under the policy, the San Antonio Metropolitan Health District office will tell doctors they are obligated by law to report AIDS cases to the health district. Millsap said
Dr. Courand Rothe, SAMHD’s executive director, said he would begin sending out notices to the fewer than 40 confirmed local AIDS sufferers “as soon as I get them typed.”
But he added the policy would apply only to victims of acquired immune deficiency sydrome and not those whose tests show they have the AIDS antibody.
Officials cite problems at shelter
DALLAS (AP) Dallas County officials say problems at the Children’s Emergency Shelter have forced some children to tx- turned away, and commissioners urged county and state officials to work together to correct problems.
The Community Council of Greater Dallas gave the commissioners the results of a study that recommended expansion of the shelter and additional staff hirings. The report also suggested the children be further segregated according to age and behavior patterns.
FDA orders investigation
BRECKENRIDGE (AP) - The U S Food and Drug Administration is helping in an investigation of an explosion at a barn in which the drug laetrile was allegedly made, officials say.
A woman who sustained burns over 70 percent of her body in the explosion remained in critical condition today at Parkland Memorial Hospital in Dallas
Authorities said barrels of alcohol used in production of the controversial anti-cancer drug blew up shortly before 3 pm. Sunday in the barn
The explosions started a fire that leveled the barn near U S Highway 180 and Texas Highway 67. about 2 miles east of Breckenridge
Stephens County Sheriff James ( ain said residents of a nearby home told him laetrile was being made in the barn
9sQ Mf San Antonio ^
“Now you can afford a houseful of never-never floors.”
Ed W Mi
AURORA™ by Mannington.
The affordable Never-Wax * floors that NEVER need brighteners, stripping or dressing. Ever.
Only from Mannington:
Built-in shine. Exclusive
JT-88 Never-Wax protection builds the shine right in Clean with plain water and ammonia Thats it’
Built-in beauty. Won t
show wear shrugs on stains. So tough it has a 5-year warranty Styles and colors to fill any house with beauty
NEVER WAX" '-^FLOORS SALE ENOS OC! 31st
Built-in moisture protection. Drylot
moisture barrier stops mold mildew and discoloring before they start
And built-in savings:
Sale price: For example A 9 x 12 floor just:
I | »9«,5' *ii 3«*
Available in 12 widths tor no sea
943 N. Walnut
to 4 Af - -
I 30 - 5 30 Mon. • Sri 100-200 Saturday