The Llano Ledger
Newsletter Text V42
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All Future Editions Will Be Posted In The Llano Ledger 2, Found By
Clicking http://maxpages.com/llanoledger2.
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*************May 30, 2000**********
The following snail-mail was received May 23 from LMHS Administrator Ernie Parisi:
LMHS
200 West Ollie
Llano, Tx. 78643
May 19, 2000
Mr. Tim Chorney, Publisher
The Llano Ledger
Rt. 2, Box 464A
Buchanan Dam, Texas 78609
Re: Your correspondence of May 13, 2000 to Llano Memorial Healthcare System
Dear Mr. Chorney:
I am in receipt of your correspondence dated May 13, 2000 seeking a
request for information under the Texas Open Records Act. From a review
of your request it appears that your four numbered paragraphs seek the
answers to questions, rather than to seek copies of public information.
As you know, the Public Information Act (proper name of the Texas Open
Records Act following the last legislative session) applies to recorded
information, including paper, film, and other similar mediums.
The following is a response to each of your questions:
1. I have not inquired our attorneys in this regard and do not know the answer to your questions.
2. I can say categorically that the Llano County taxpayers will not
be ultimately financially responsible for the proposed Marble Falls
Community Hospital. The Hospital's attorneys have advised me that Texas
law clearly provides that taxpayers can only be held responsible for
general obligation bonds which are approved by the voters. We have
never contemplated general obligation bonds to fund the Marble Falls
Community Hospital.
3. I believe that you are confusing Llano Memorial Healthcare
System which is the same thing as Llano County Hospital Authority with
Llano Bay Health Care, Inc. Based on this confusion I am not sure that
I understand the questions in paragraph 3.
4. No. A bill has not been presented at this time, however when it
is received it will be paid for by donated funds to Llano Bay Health
Care.
I regret that the day to day requirements of operating a hospital do
not allow me the time required to always respond individually to each
of your inquiries. If you have requests for specific information under
the Public Information Act we will be happy to respond to your requests
as we have in the past.
Thank you for your correspondence of May 13, 2000 and we look
forward to your support of health care in the communities of Llano
County and Burnet County, Texas.
Very truly yours,
Ernie Parisi
Administrator
In response, the following memo and open records request was snail-mailed May 25:
May 25, 2000
Mr. Parisi:
This open records request has been submitted a second time due to
my failure to date the one sent yesterday. Sorry for the inconvenience.
Tim Chorney, Publisher
The Llano Ledger
Ernie Parisi, Administrator
LMHS
103 West Lampasas
Llano, Tx. 78643
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
Re: Open Records Request
May 25, 2000
Dear Mr. Parisi:
This is a request for information under the Public Information Act,
Ch.552, Gov't Code, Public Information. Access to following documents
is respectfully requested:
1. Engineering Study conducted by Law Gibb Engineering, Austin,
Texas to determine the suitability of the now defunct construction site
of the Marble Falls Community Hospital.
2. The survey conducted of the now defunct construction site of the
Marble Falls Community Hospital, necessitated by the Engineering Study.
3. All donor records of Llano Bay Health Care, Inc..
Thank you for consideration of this matter, and your quick response
to my earlier letter of May 13. You are quite right the Public
Information Act is the proper name of the Texas Open Records Act. Both
names, however, have been used interchangeably by the Open Records
Division. As you also know, I'm quite aware the Act applies only to
records and not to questions asked.
Kindly understand, however, I've resorted to asking pointed
questions quite frankly because I don't believe I've received access to
all records regarding the accounting reports offered in support of the
Feasibility Study. Disturbingly, these reports contain statements by
the accountants raising questions as to whether Hospital management has
indeed provided all necessary information required by GAP.
Regardless of whether or not that is true, your explanations to
date have been sadly lacking and highly questionable. The Open Records
Division has indeed blindly accepted your assertion there are no
further records. According to David Mendoza, Legal Assistant, Open
Records Division, they do not have the statutory authority or resources
to investigate this matter further. Since our County Attorney and
District Attorney are apparently corrupt and highly selective in their
prosecutions, Hospital management is indeed free to do as it pleases.
With rubber stamp Boards, there is essentially no oversight. Expect
numerous open records requests, however, as the new facility is
constructed.
All four questions in my earlier letter of May 13 were designed to
probe the meaning of your assertion: "The information you have
requested is contained in the private records of a Non-Profit 501c(3)
corporation." From your refusal to answer questions 1 and 3, it is
clear the assertion has no substance. Why make that statement, however,
if you had not bothered to inquire from your attorneys whether or not
Llano Bay Health Care, Inc. is indeed subject to Ch.552, Gov't Code,
Public Information?
Although you conveniently refused to answer Questions 1 and 3
germane to the issue, it is my understanding Llano Bay Health Care,
Inc. was indeed in existence at the time of my Oct. 14, 1999 open
records request and Mr. Brown's failed request for exception ruling
filed in response. Mr. Parisi, there is no confusion that LMHS and
Llano Bay Health Care, Inc. are two different legal entities. For all
practical purposes, however, they are one and the same. Even your
attorney, Fletcher H. Brown, treated them as such when he failed to
make the distinction in his Oct. 28, 1999 request for exception ruling:
"As such, The Llano Memorial Healthcare System is a public entity and
subject to Texas Gov't Code 552.001 et.seq.." The confusion, however,
is generated by your refusal to answer Questions 1 and 3 honestly and
candidly. Simply put and bluntly, it's called stonewalling and
obfuscation, sir. -- More precisely and pointedly, using sophistry to
avoid answering.
Clearly however, we both already know the answers to the unanswered
questions you've refused to confirm. Regardless of the ongoing
sophistry and semantics abuse, the proposed Marble Falls Community
Hospital is subject to Ch.552, Gov't Code, Public Information, or as
you prefer the Public Information Act.
I expect no answers to the questions posed in the last several
paragraphs. After all, they further probe two questions you've already
stonewalled and obfuscated. To your credit, however, Questions 2 and 4
were fully answered and I'm indeed grateful. While the obfuscation and
stonewalling are indeed amusing and great fodder for the website, the
point has been clearly driven home to readers. Expect, however, a
flurry of open records requests for access to documents germane to the
new Hospital. Again, thank you for generously answering two of the four
questions contained in the earlier letter.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
cc: File
The following open records request was snail-mailed May 25 to LISD:
Jack Patton, Superintendent
LISD
200 East Lampasas
Llano, Tx. 78643
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
Re: Open Records Request
May 25, 2000
Dear Mr. Patton:
This is a request for information under the Public Information Act,
Ch.552, Gov't Code, Public Information. Access to following documents
is respectfully requested:
1. All Fields and Associates Architects invoices for professional services to date for new school facilities.
2. All correspondence, e-mails, faxes, memos, telephone logs, and
invoices regarding the bankrupt contractor responsible for the
duplicate $32,000 pressbox payment.
3. The District-wide independent audit conducted by Story and Stovall, Ft. Worth, Tx..
4. All correspondence, e-mails, faxes, memos, telephone logs, and
invoices regarding the $11,630.85 past debt due to Taylor Publishing
Company for yearbooks.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
cc: File
pp.77-78
Q. Would you agree with me, Sheriff, that you are as sheriff
responsible for the safekeeping of all of your inmates in your jail?
A. Yes, ma'am.
As asserted earlier, Mr. Garrett's limited understanding of sexual assault and lack of sensitivity are stunning:
pp.87-89
Q. All right. Who was present when you talked to Ms. Wisdom?
A. No one, just the two of us.
Q. Just the two of you?
A. Yes.
Q. And she was still in the rec area?
A. Yes.
Page 88
Q. And what was the conversation between the two of you?
A. I asked her what had happened, and she said that she had woke up
and found Johnny Pesina on top of her. She had shoved him off and he
had ran out the cell. And at that time, that's when I told her that I
had talked to Mr. Pesina and he told me that you-all had had consensual
sex.
Q. I'm sorry. I didn't get the last part of that.
A. That I advised her that I had talked to the suspect and he
advised that they had consensual sex, and she said, "Well, I was so
ashamed. I just didn't want to tell no one." And that's --
Q. So what did you say after that?
A. I just told her I didn't want her lying to me, just tell me the
truth and we were going to get to the bottom of this and do an
investigation.
Q. And what else? Did she say anything after that that you recall?
A. I don't recall her saying anything else.
Q. Did you say anything else after that?
A. I don't recall.
Q. So that's the -- that was the gist of your conversation --
Page 89
A., Yes, ma'am.
Q. -- to the best of your knowledge?
A. Yes.
The Sheriff's limited "recall" of his conversation with Ms. Wisdom
is not credible. ... Rape become an everyday occurrence in the Jail,
Nathan? -- So frequent you can't recall a most unusual and
extraordinary conversation, sir?
The Sheriff's lack of knowledge or interest in the sexual assault is indeed glaring:
pp.91-95
Q. Did you ever receive a written report from Joey Gordon regarding his investigation of this assault?
A. No, ma'am.
Q. Did he make a report to your knowledge regarding his investigation of this assault?
A. I'm sure when they took it to the Grand Jury his report went to the Grand Jury.
Q. How do you know that?
A. Because he's the one that's doing the investigation, him and my investigators.
Q. But you've never seen the report?
A. No. I don't read his report.
Page 92
Q. Well, it's about your jail. I'm just wondering --
A. Yes, ma'am. I understand that.
Q. -- if you had an opportunity to see the written report.
A. Excuse me.
Q. I just wondered if you had an opportunity to see the written report he wrote about your jail.
A. No, ma'am.
Q. All right. Were there any tests conducted or performed on the
clothing that you and your investigators took from Pesina's clothing?
Any tests that were asked for or conducted or performed on those
clothes?
A. Yes.
Q. And do you know what tests were performed on those clothes?
A. No.
Q. And do you know who actually conducted the tests?
A. I believe DPS.
Q. So the clothes had to be taken to some -- to DPS?
A. To DPS in Austin.
Q. All, right. Do you know who took the clothes to DPS in Austin?
Page 93
A. No, I don't. I would say one of my investigators, but I'm not --
Ms. Lockhart: Sheriff Garrett, please remember you don't have to make guesses.
The Witness: Okay.
Ms. Lockhart: Just answer based on your knowledge.
Questions By Ms. Jones:
Q. Do you know who took the clothes?
A. No.
Q. Have you seen the test results that were --
A. No.
Q. Let me finish the question.
A. I'm sorry.
Q. I know you know what I'm going to say.
A. I'm sorry.
Q. That's all right. Have you seen the test results from the tests that were performed by DPS?
A. No.
Q. Have you heard about the test results? Did anyone ever call you up and tell you what those results were?
A. I don't recall.
Q. What happened to Ms. Wisdom's clothing that was removed?
Page 94
A. What?
Q. Her inmate garb or her prison clothing, what happened to the clothing that was removed from her?
A. They're in -- it's in evidence.
Q. Were they also taken to DPS to your knowledge?
A. I don't know.
Q. Did you give anyone any orders or directives about those
clothes? Did you tell someone, your investigators or one of your
deputies, what to do with those clothes?
A. No.
Q. Who made the decision that tests should be conducted relating to the clothing that was taken from Pesina and Wisdom?
A. My investigators and probably Ranger Gordon.
Q. Did you participate in that decision?
A. No, ma'am.
Q. Do you recall whether or not the sheets and blankets were taken
from each of the -- excuse me -- were taken from Ms. Wisdom's cot in
the cell?
A. Yes.
Q. They were?
A. Yes. I'm sorry.
Q. That's okay. Do you know whether or not the clothes were returned and placed in the evidence vault?
Page 95
A. I don't know.
Q. Do you know whether or not the clothes have been returned?
A. I don't know.
Although responsible for the Jail by statute, Mr. Garrett clearly
exercised little to no oversight. Worse yet, as a sworn peace officer
and ultimately responsible for criminal investigations in Llano County,
he had no interest and extraordinarily little knowledge of a sexual
assault that had taken place in his own damned jail. Never counted on a
civil suit though, right Nathan? Didn't think anyone would take the
case, did you sir?
After all, with sovereign immunity statutes coddling and protecting
corrupt and abusive officials, not many attorneys would have the
intestinal fortitude to challenge an outrageous miscarriage of justice.
Readers are reminded a finding of rape had indeed resulted from the
lawsuit. No cash was awarded, however, outrageously compounding the
injustice. While the Sheriff and the Boys, with a little "help" from
the District Attorney, were in fact quite successful "managing" the
criminal side of matters, they apparently never expected a costly
lawsuit.
After all, how many attorneys have the resources, willingness, and
most importantly, the courage to litigate on principle, -- and not the
almighty buck? When they do, however, there is NO public support. --
Just the outrageous cowardly attitude: "She got what she 'deserved',
didn't she?" ... Unless of course the human "trash" is YOUR wife,
mother, sister, etc.. Wake up friends.
To date, no official has suffered any consequences. Worse yet, no
one had the courage to run against the Sheriff or District Attorney, --
the two officials most responsible for this outrageous travesty of
justice. Apparently, both must think they "own" Llano County. ... Do
they? The cowardly deafening silence of citizens is not only
sickeningly appalling, but continues to provide aid and comfort to the
two most responsible perpetrators of this classical example of kangaroo
justice. More to come...
Since the point has been finally driven home to readers and the
County Judge, the pounding regarding a lack of financial support for
this publication is no longer necessary. The truth, however, is still
the truth, -- and it isn't very pretty nor will it be muzzled by our
self-serving officials.
With that in mind, the visitor count stands in excess of 17,000.
Another excellent week. With rare exception, however, this publication
receives no financial support from the readership it serves due to
greed, gut-wrenching fear, and the continuing intimidation of our
abusive officials. Regardless, _The Llano Ledger remains beholden to NO
ONE, and will continue to firmly and aggressively hold the feet of our
worst offenders to the fire, -- with or without the financial support
of the community.
Tim Chorney, Publisher
_The Llano Ledger
Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609
llanoledger@mailcity.com
Page Updated Tue Oct 9, 2001 1:16pm EDT