The Llano Ledger


Newsletter Text V42

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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