Journal

On July 27, 2004 my world was shattered. I had never been arrested before. I was 49 years old. The only time I was in jail is when I volunteered to teach the inmates about HIV/AIDS prevention and skills to help care for themselves and their families. This had to be a mistake. I started this journal so I could make sense of this journey and find out what went wrong.




It was about 7:30am and I was at work. I had a feeling something was not right at home, so I called to see how my son was doing. The aide watching him told me the police were coming to my job to arrest me. At first, I thought she was kidding or she had made a mistake. I was sure she made a mistake.



I located my supervisor and explained if the police arrive, please tell them I will meet them at my home. I wanted to make sure my son was alright. When I arrived home my son was crying. My son is a quadriplegia with Cerebral Palsy and a history of seizures. My only though was to keep him calm, so he would not have a seizure. I tried to reassure him this is a mistake and when the police arrive we will find out what this is all about.



The aide said Investigator Cavallo and a police officer had a warrant for my arrest. I asked why was I being arrested? Are you sure they were here to arrest me? This did not make sense. I have always had a deep respect for the law. Who is Investigator Cavallo? I never met her before.



Time was moving slowly, but I knew the door bell would be ringing soon. Officer Cavallo and the police arrived about 9:00 am. My son started to cry again, so it was hard for me to hear what they were saying. I do recall Officer Cavallo saying she just wanted me to come down to the office to answer some questions. At this point, I still did not know I was being arrested. I asked if I should take anything with me. She said bring identification and I could bring my medication. I am on blood pressure medication. I remember I had not taken my medicine yet.



I gave Jake a big hug and said I would see him later. When we were outside of my home, I was handcuffed. This was the first time I realized I was being arrested. I did not understand and found myself crying and repeating "What did I do?" No one would answer me. I was being arrested and I had no idea why. I was fingerprinted, photographed and placed in a cage with a lot of women. The effects of the stress and the fact I had not taken my blood pressure medication was making me ill. I made the mistake of saying "I need my blood pressure medication or I can die". When you use the word "die", you are immediately transferred to the mental health jail and placed on suicide watch. People on suicide watch are not allowed to make phone calls.



When I arrived at the mental health jail, they took my clothes and I was given a tarp like garment to cover myself. I remember it was very cold. I asked about my blood pressure medication, but I was told they had to wait for the doctor.



I was taken to my cell, which was a large cage with two mattresses on the floor. The commode was in an area that was semi-private. There was a piece of chewed orange gum on the floor covered with ants. I watched the ants for a while and then spent the rest of the first day crying and repeating "What did I do?"



I laid down on the mattress and tried to cover myself with the tarp to keep warm, but nothing I did kept the cold out. I cried myself to sleep and when I woke up my first thoughts were of Jake. I would then start crying again, until I feel asleep from exhaustion.



July 28, 2004, Day 2

The following morning, I was handcuffed again and taken to a room with about 20 inmates. This room was known as the satellite court room. I went up to the microphone when my name was called and the Judge started to read each count separately. Ten times he repeated elderly neglect, but there were no names associated with the neglect. I wanted to scream and say stop, but nothing came out of my mouth, except not guilty.



When I was leaving the satellite court room, I had a seizure. My blood pressure was 180 over 90. I felt weak and I was taken back to my cage, but they still could not give me my blood pressure medication.



I spent the second day, just like I had spent the first day. I laid down on the mattress and tried to keep warm, but I was still cold. I kept thinking of Jake and I would cry myself back to sleep. At around 6:30 pm, I had another seizure. This time my blood pressure was 195 over 95. I heard the guard tell the nurse not to bother the doctor because my bail was paid, so I would be leaving soon. At 8:30 pm, I had another seizure. My blood pressure was now 225 over 110. This time the nurse told the guard if we don’t do something she is going to die. I remember the guard was mad because I didn't save the cup from yesterday. The nurse was kind and gave me some medication and a cup. I soon fell back to sleep. Finally, around 10:00 pm I was free to go home.



It was the middle of summer, but I had to turn the heat on to keep warm. When I arrived at home, Jake and I hugged for the longest time. I could not fall asleep, so I watched Jake sleep fretfully through the night. I stayed focused on Jake because it was too painful to think about the last two days. It all seemed surreal.



July 29, 2004, Day 3

I called Officer Joyce Cohen Cavallo to set up a meeting at my home. I wanted to know why I had been charged with ten counts of elderly neglect. We made arrangements to get together on July 30, 2004. I received a call from my job. I have been fired. This is a bad dream.

July 30, 2004, Day 4

The interview with Officer Cavallo was confusing, since I did not understand how these charges related to me. I answered her questions and hoped I would understand my involvement as we went along. I was surprised when Officer Cavallo admitted she did not know the following:



1. She had never seen the Medicaid Reconciliation. How was it possible she was not aware of the Medicaid Reconciliation? I would think an extensive documentation showing over three million dollars of revenue and expenses would be a significant document. The reconciliation showed I lent the facility my own monies. Goldberg, Lampert, Levine, and there attorney’s all had copies by July 15, 2003.



2. She was unaware I lent the medical center over $125,000.00 for food, payroll, operations, etc., and the money was never paid back to me. I provided her with the documentation regarding a second mortgage I took out to help the facility. The language used in the contract is "Single Woman" loaning Mr. Lampert’s company money.



3. She did not know I left my job in March 2003, two months before she started her investigation. Did she wonder where I was? Why didn't Cavallo verify my employment? I still have the 1099 and W2 forms proving I was not working there during the investigation. I am saving them just in case some one wants to know the truth.



4. She was unaware Lampert had been abusing me and during the investigation my son and I were under the protection of the Broward Sheriffs Department and we were receiving counseling for abuse.



July 31, 2004, Day 5

I received the 14 page Probable Cause Affidavit. I read the document over and over and never could determine the probable cause in relationship to myself and this case. At this point, I knew there was a mistake. I learned by reading the Probable Cause Document, that Joyce Cohen Cavallo started her investigation in May 2003. This was two months after I left my employment with Lampert. I am not mentioned in any of the individual cases. However, my name is found on page 2 and page 3.



Page 2, 2nd paragraph: Reference is made to my companies. However, there is no notation of any illegal activities. Lampert was not an owner or co owner of my companies. He was an account that did not pay his bills. In addition, the placement of this paragraph is misleading. Cavallo addresses on Page 2, in the 1st paragraph "Corporate records indicate several active corporations are registered to the facility address". However, my companies are registered to my home address, not to the facility address. I did that so I could work out of my home and take care of my son.



Page 3, Lampert refers to my status as a nutritionist and his fiancé’. When I read this I knew the information had not been verified. I was not Lampert’s nutritionist for at least 4 years and I was not his fiancé. Why did they not verify this information?



Another thing I noticed was during the investigation, Cavallo did not make any attempt to contact me or question me. There were four defendants. As I read through the pages, I saw that two of the defendants were interviewed, and an attempt to contact a third defendant was made, but "failed to return calls and messages for an interview". No where does it say an attempt was made to contact me. I would have cooperated. I didn’t have anything to hide.



Page Two of the Probable Cause Document, Last Paragraph. It states "As a result of Your Affiant’s (Cavallo). . . review of financial records, your Affiant is familiar with the circumstances of the offenses described in this Affidavit."



Officer Cavallo admits on the tape recording she had no knowledge of the Medicaid Reconciliation. How could she state she reviewed the financial records? Did no one provide the investigator with the reconciliation? A document that would prove I had done nothing wrong. Did they intentionally hide this information from the law and the press because it proved I was innocent?



Prior to Officer Cavallo leaving, I provided her with copies of the following documents: the Medicaid Reconciliation; Second mortgage papers,1099, W2, and pawn receipts showing I lent the nursing home money.



Cavallo stated with this new information she would ask the state attorney to drop the charges. That never happened. In addition, I still did not know what I had done to be arrested on 10 counts of neglect.



10/18/2004. First request for a speedy trial. Judge Lebow sent me home to think about it.



11/19/2004. Second Request for a Speedy Trial. Ms. Bell had a pre-paid vacation. I was told by Judge Lebow I would have to pay for Ms. Bell’s vacation if I wanted a speedy trial. I asked my attorney, Mr. Beamer and he said the judge has the right to do that. Beamer threatened to withdraw if I continued to ask for a speedy trial. I am reasonable and would have waited till Bell returned, but it was not an option given to me. It was with tremendous disappointment in our judicial system, that the Judge and Ms. Bell felt a pre-paid vacation was significantly more important then the consequences of another human being. It sadden me greatly that my son observed this frivolous banter, while he knew his mother was trying to get on with her life.



12/17/2004. Third Request. I was told by Judge Lebow I could have a speedy trial if I represent myself, but I would be a fool to do that. Mr. Beamer threatened to withdraw from the case again. Judge Lebow and Mr. Beamer tried to reassure me that I could always ask for a speedy trial. I stated I could not represent myself, so the judge waived my right to a speedy trial.



February 15, 2006. (1-1/2 years after my arrest), I again asked for a speedy trial and also brought in a motion to dismiss (which I gave to Beamer to review). I felt a year and half was a significant time period for Beamer to review the evidence. However, Beamer ignored my motion and failed to provide the prosecution and the Judge a letter I received on July 1, 2005. The letter was from the Florida Department of Health. The letter states "Pursuant to Section 456.073(2), Florida Statutes, the panel found that there was insufficient evidence to support prosecution and directed the case be dismissed." In addition, the letter states "..this case was dismissed without the finding of probable cause". Beamer did nothing. I asked Beamer to please find out what is the probable cause? He just kept saying he was not sure.



December 12, 2006. Beamer failed to obtain the probable cause and file a motion to receive a copy of the taped conversation between myself and Officer Cavallo in a timely manner. I requested the tape and/or probable cause via Beamer on the following dates: 11/19/04; 11/26/04; 12/13/04; 12/16/04; 01/20/06; 01/30/06; 03/22/06; 07/07/06; 08/03/06; 08/17/06; 10/30/06; 12/12/2006. Finally on December 12, 2006, Judge Bidwell ordered Beamer to write a motion before he was allowed to leave the court room. The motion was to obtain the entire taped conversation within 30 days. The prosecutor did comply, or so we thought. It took over 2-1/2 years to obtain the tape.



February, 2007. I asked Beamer if he had listened to the tape. He still had not. I asked if I could review the written transcript and the audio tape. When the tape was compared to the written transcript, it had almost 30 minutes of tape missing (24 pages) and at least 19 transcribed errors found. The written transcript from Page 39 through Page 63 had no corresponding audio tape. I informed Beamer in February 2007, in a letter that the tape had been altered. Beamer did nothing. Soon after Bell submitted the tape to Beamer, she resigned. Beamer commented to me he couldn’t file a motion to dismiss due to prosecutorial misconduct because Bell had resigned. I find that hard to believe. The prosecutor tampered with evidence and Beamer felt it was not necessary to inform the court.



December 2007. While looking up the job description of the Medicaid Fraud Control Unit (MFCU), I came across a letter written to Attorney General Crist from the Department of Health and Human Service (HHS). The letter written on January 29, 2003 placed the MFCU on probation from January 2003 until April 2004. This is the same time the MFCU was investigating the facility. The MFCU was placed on probation for not verifying information and eleven other findings by the Federal Department of HHS. I informed Beamer. This was one of my first concerns before I even knew of their probation, why had the Inspector not verified the information about me. Again Beamer did nothing with the information.