Psych Crime Reporter

July 19, 2012

Psych nurse admits sexual assault; patient wants judgment against mental hospital

A McArthur woman who is suing a former nurse/supervisor at a local mental hospital has asked a judge to grant her partial summary judgment in the case.

The woman, who has asked for damages of more than $2 million, claimed in her suit, filed last December, that Ryan E. Blaine, a former employee of the Appalachian Behavioral Health Center, had inappropriate sexual contact with her in January and February 2011 when she was a patient there.

After the Ohio State Highway Patrol investigated the woman’s allegations, Blaine pleaded guilty to attempted patient abuse, a fifth-degree felony. He was ordered to relinquish his nursing certificate, and placed on three years’ probation.

In addition to Blaine, the lawsuit named five “John Doe” defendants who were working for the Ohio Department of Mental Health, alleging that when the plaintiff complained about Blaine’s actions, the other employees “drugged (her) and subjected her to isolation, telling her that she fabricated the… events of which she complained.”

In asking Athens County Common Pleas Judge Michael Ward to grant partial summary judgment, the woman’s attorneys, Richard V. Zurz and Martin S. Delahunty, cite a number of facts they say are not in dispute, because Blaine has failed to respond to a set of questions filed by the plaintiff, asking for admissions of fact.

These include the fact that Blaine has admitted he was a supervisor at ABH when the woman was there; that he had access to her medical chart; that she was a patient under his care; that he engaged in improper sexual conduct with her; and that he pled guilty to a felony charge stemming from this conduct.

“The foregoing admitted facts constitute violations of Ohio law and constitute an assault and abuse of a patient under Ohio law,” the motion alleges.

The plaintiff has alleged among other claims that Blaine committed assault and patient abuse, and that he violated her constitutional right to be “secure in her person.” Each claim, her attorneys maintain, is supported by the undisputed facts they have cited.

“The defendant’s admissions in conjunction with the laws of the state of Ohio clearly provide that the plaintiff has proven the elements necessary to allow summary judgment” on the first six claims in her lawsuit, the motion argues.

Therefore, Zurz and Delahunty have asked Ward to rule in their client’s favor, and to schedule a hearing on how much she deserves in damages.

When The Athens NEWS sought comment in December 2011 on the lawsuit, a spokesperson for the ODMH said she could not comment on pending litigation involving one of the agency’s facilities. The lawsuit does not name ODMH itself as a defendant.

Source: “Woman wants judgment in mental hospital lawsuit,” The Athens News, July 18, 2012.

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July 16, 2012

UK psych nurse, 52, had sexual relationship with 16-year-old patient

Filed under: psychiatric nurse,sexual abuse,sexual exploitation — Psych Crime Reporter @ 7:43 pm

A nurse in her 50s has admitted having a sexual relationship with a 16-year-old patient at a secure mental health unit.

Jeanette MacLeod had an illicit affair with the teenage boy at the NHS facility in the West Midlands where she had worked for five years.

Married MacLeod, who lives in Erdington, Birmingham, pleaded guilty at Wolverhampton Crown Court yesterday to five counts of engaging in ‘sexual activity with a person with a mental disorder by a care worker’.

She will be sentenced at the same court in early September.

The 52-year-old was accused of engaging in sexual activity with the teenage patient at the unit, run by Birmingham And Solihull Mental Health NHS Foundation Trust.

Married MacLeod has been a registered nurse for 22 years and had worked at the unit for the past five years.

It is understood the case centred on allegations that she had sexual contact with the alleged victim while he was a patient.

The unit was opened in 2003 as one of only a small number of adolescent forensic units in Britain and houses some of the country’s most mentally disturbed teenagers, as well as mentally ill women.

When asked about the allegations before yesterday’s hearing, MacLeod had said: ‘There’s two sides to every story. It wasn’t just me.’

MacLeod will be sentenced at Wolverhampton Crown Court the week beginning September 3

Frances Allcock, executive director for organisational development and performance improvement at Birmingham and Solihull Mental Health NHS Foundation Trust, declined to comment on the case.

She said: ‘While the defendant has pleaded guilty, this case is still in progress and as such it would be inappropriate for us to comment further until after sentencing.’

Source: “Married nurse, 52, had sexual relationship with mentally-ill 16-year-old boy in secure unit,” Daily Mail Reporter, July 11, 2012.

Plaintiff’s attorney says “psychiatrist predator” sexually preyed upon at least nine patients

Filed under: psychiatrist,sexual abuse,sexual exploitation — Psych Crime Reporter @ 7:21 pm

Monroe psychiatrist Dr. Abdullahi Mohamed  is accused of sexually assaulting his patients. Now one of them is filing a civil suit for ten million dollars.

The 26-year-old mother of two is actually the first patient who came forward in the criminal case which lists up to eight other women.

Holly Hord of Newport says she’s been a patient of Monroe psychiatrist Abdullahi Mohamed for years. But six months ago she says their appointments at Mercy Nursing Center , operated by Mercy Memorial Hospital turned sexual. The hospital has no affiliation with Mercy Health Systems in Toledo.

“His behavior just made a complete switch. I trusted him completely with my life to give me medicine that’s supposed to make me better.”

In May, Hord says the touching turned to intercourse at the doctor’s office. She contacted the state police and other alleged victims came forward.

According to Hord’s attorney Gregory Rohl, Mohamed is,  “a psychiatrist predator who has visited upon at least nine known victims of sexual assault in the confines of a therapeutic relationship.”

The 58-year-old is facing criminal sexual charges in Monroe County. He’s free on $100,000 bond.

The trial is expected to begin in August in Monroe County.

13abc tried to contact Dr. Mohamed at his home in Dearborn Heights. But no one answered the door.

Defense attorney Barry Resnick, who represents Mohamed on the criminal charges in Monroe County told 13abc over the phone. The doctor “adamantly and categorically denies each and every allegation.”

Mercy Memorial Hospital in Monroe did not return calls for comment.

Source: “Lawsuit filed against Dr. charged with sex abuse,” ABC-13 (Toledo, OH), July 11, 2012.

July 12, 2012

Psychologist sentenced to 20-30 years for killing daughter with baseball bat

Filed under: crime and fraud,murder and manslaughter,psychologist — Psych Crime Reporter @ 9:59 am

An Oxford Village psychologist can’t explain why he got up early one morning in May 2011, walked down the hallway to his daughter’s room and beat her into a coma with a baseball bat as she slept.

Megan Robert, 20, died a few months later at a local hospital.

“I wish I could answer the question as to what would make a human being do what I’ve done,” Robert Kelly told Oakland County Circuit Judge Rudy Nichols before he was sentenced Wednesday.

Nichols ordered Kelly, 53, to spend 20-30 years in prison. He originally was charged with first-degree murder, but pleaded guilty to second-degree murder in June with the hope of avoiding a mandatory life sentence.

Kelly stood shackled Wednesday, tears streaming down his face as several people in the courtroom cried.

“I was a good dad and I don’t know why I did this,” he said. “If only I could bring back Megan. I ask for your prayers and your forgiveness.”

His attorney Sanford Schulman said Kelly’s undiagnosed mental illness caused the attack.

“Earthquakes happen, tornadoes happen, cancer happens, mental health happens,” Schulman said. “There was no motive, none. He loved his daughter.”

In an emotional appeal to the judge for a long sentence, Megan Robert’s aunt Sandra Bucklyn said her death deeply traumatized the family and left relatives with the same question police and prosecutors had — why?

“We are coming to terms that we will never really know why Kelly did what he did,” Bucklyn said. “But there is no punishment that fits this crime.”

In sentencing Kelly, Nichols said, “I’ve been doing this for 20 or so years, and this is going to go down as the biggest puzzle I’ve ever seen.”

Source: L.L. Brasier, “Dad gets 20-30 years for baseball bat beating death of daughter,” Detroit Free Press, July 12, 2012.

July 7, 2012

Board suspends counselor Karmin Fowler’s license

Filed under: DUI,License suspended,mental health counselor — Psych Crime Reporter @ 4:36 pm

On April 2, 2012, the Arizona Board of Behavioral Health Examiners lifted an earlier stay-of-suspension on counselor Karmin Fowler’s license, based on non-compliance with an earlier consent agreement. The result was that her license was suspended for 24 months.

Fowler had been arrested for extreme DUI in July 2009 and failed to report to the Board within 10 days, as is required. When she applied for a credential as a licensed professional counselor (LPC) in June 2010, she was required to complete a substance abuse evaluation. The evaluation indicated that she was at risk for a recurrence of alcohol problems. A supervisor at a previous employment indicated that Fowler had been warned about her lack of dependability and missing client appointments.

On July 18, 2011, the Board issue the aforementioned consent order, placing Fowler on 24 months stayed suspension, 24 months clinical supervision and 24 months of AA attendance at least three times a week for 12 months.

On April 7, 2011, her LPC application was denied. The lifting to the consent order and subsequent suspension were due to a relapse, thus violating the terms of the order.

Source: Arizona Board of Behavioral Health Adverse Action Tracking Form, 2012.

State denies application of social worker over employment disciplinary history

Filed under: disciplinary history,social worker — Psych Crime Reporter @ 4:27 pm

On February 3, 2012, the Arizona Board of Behavioral Health Examiners denied the licensed master social worker application of Marilyn Foster, based on unprofessional conduct.

According to the Board’s disciplinary report, Foster refused to attend a mandatory meeting called by her employer regarding complaints filed against her, and job and supervisory performance matters.

The Board’s reports states that over a five-year period, the employer noted that improvement was needed regarding the timeliness in corrective actions for employees under her supervision and that she failed to meet required productivity goals and that there was an ongoing struggle to be accepted by her supervisees.

She also had received three disciplinary reports due to her and her team’s delays in submitted mental status reports and that the Board had received several complaints from staff members stating that she’d engaged in inappropriate communications of a sexual/derogatory nature towards employees.

Foster was terminated for inappropriate behavior, lack of team leadership and management and not following a directive from her supervisor.

Source: Arizona Board of Behavioral Health Adverse Action Tracking Form, 2012.

Arizona suspends social worker Kathleen Hernandez

Filed under: social worker,substance abuse — Psych Crime Reporter @ 4:20 pm

On February 3, 2012, the Arizona Board of Behavioral Health Examiners suspended the license of social worker Kathleen A. Hernandez for an indefinite period.

According to the Board’s disciplinary report, Hernandez was arrested in December 2006 for Extreme DUI with a blood alcohol concentration of .232.

In April 2007, the Board executed an interim consent agreement prohibiting her from practicing.

In January 2008, the Board released her from the interim agreement and executed a consent agreement requiring her to attend AA twice a week and other conditions.

In May 2009, the Board released her from the terms of the consent order.

In December 2011, Hernandez was again arrested for DUI.

Source: Arizona Board of Behavioral Health Adverse Action Tracking Form, 2012.

Virginia suspends psychologist Phyllis White Phelan for double patient boundary violation

Filed under: boundary violation,psychologist — Psych Crime Reporter @ 4:18 pm

On March 29, 2012, the Virginia Department of Health Professions suspended the license of Phyllis White Phelan, Ph.D.

According to Virginia’s documents, Phelan was indefinitely suspended from practice by the state of Minnesota on February 17, 2012 for unprofessional conduct.

The Minnesota Board’s documents state that Phelan engaged in a boundary violation in which she enlisted “patient 1” to go return a set of keys to “patient 2.” Patient 2 then invited 1 to go to a casino. Patient 1 reported being uncomfortable with the whole thing.

Phelan provided Patient 1 with $20 gas money for the task. The Board’s expert opined that Phelan committed a boundary violation against two patients on several levels.

Source: Order in re: Phyllis White Phelan, Ph.D., License No. 0810-004483, Before the Virginia Department of Health Professions.

California revokes license of psychologist Janis E. Foote, related to negligent custody evaluation

Filed under: Court psychologist,custody evaluation,license revoked — Psych Crime Reporter @ 3:53 pm

As of May 23, 2012, the California Board of Psychology revoked the license of Janis Elaine Foote, Ph.D. based on her failure to comply with the terms of an earlier probation order issued by the Board.

On June 21, 2008, the Board placed Foote on five years probation, based on a finding of Negligent Acts and General Unprofessional Conduct, among other things, for providing a custody recommendation to the court after having interviewed her patient’s three children without the knowledge or consent of the other parent (who shared joint custody of the children) and made evaluations against the other parent without ever having met or observed him directly.

Among the conditions of her probation was the requirement that she file quarterly reports stating that she was in compliance with the terms of her probation.

In August 2001, the Board sought to revoked probation and served appropriate notice on Foote. The documents were returned, unopened with a notice that Foote had moved and left no address. However, the Board found that Foote had signed the certified mail receipt for the package. Foote nevertheless never responded to the Board and failed to file a change of address with the Board, as required.

The Board also noted that Foote engaged in a dual relationship with a minor patient, whom she had spend the night at her house and help with her garage sale and also paid the child to clean her house.

She is also required to reimburse the Board $24,371 for its costs of investigation and enforcement.

Source: Default Decision and Order in the Matter of the Accusation and Petition to Revoke Probation Against Janis Elaine Foote, Ph.D., License NO. PSY 5810.

Psychiatrist John A. Sharp, suspended in Kentucky, subsequently charged by California

Filed under: License suspended,psychiatrist — Psych Crime Reporter @ 3:22 pm

On March 30, 2012, the Medical Board of California issued an Accusation against psychiatrist John A. Sharp, based upon disciplinary actions taken upon Sharp by the licensing authority of the state of Kentucky.

In August 2011, the Kentucky Board of Medical Licensure issued an Emergency Order of Suspension on Sharp, which was later amended to suspend his license until the complaint against him was resolved.

The Kentucky Board found that Sharp prescribed controlled substances and other drugs to family members and other with whom he did not have physician-patient relationship, without establishing medical necessity and without creating a medical record. Additionally, Sharp used his position to make false statements on a petition for involuntary hospitalization against his brother and self-administered at least some of the prescriptions he wrote for others.

In August 2011, he arrived at a locum tenens (temporary) assignment with two bottles of wine and was so mean and rude to nursing staff that the hospital staff refused to allow him to work, fearing he was impaired.

He was required by the Kentucky Board to undergo several evaluations, which found numerous conditions which impair his ability practice medicine safely.

Source: First Amended Accusation in the Matter of the Accusation Against John A. Sharp, Certificate No. G-85690, Case No. 16-2011-219292.

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