September 7, 2007 Rally at the Capitol, Sacramento

Remarks made by Nora Weber, Mother of Mark Grangetto

Where is Justice in Mark Grangetto Medical Neglect Case? 

In May, 2005 a Government Tort Claim was filed. 
In July, 2005 a lawsuit was filed for Plaintiff, Mark Grangetto, against the California Department of Corrections. The case was transferred from Sacramento County to Hanford Superior Court.  Mark was then housed at Corcoran State prison.

There were three causes of action filled in the Lawsuit. Right out of the gate the Judge admitted he would only allow a jury to hear one cause of action  "Failure To Summons Medical Care." Time after time he ruled in Mark's favor on motion after motion. The case was allowed to continue with obvious compassion from this Judge.

Mark was taken out of the SHU and put into the Acute Care Hospital at Corcoran State prison. The dietitian, Lana Schultz, reduced the number of calories the doctor had ordered for Mark. Dr. Posner witnessed this event, notified prison medical staff and was willing to testify at the jury trial. Dr. Posner took a Sworn Deposition and submitted Declarations to the court.

Dr. Greenough at Corcoran State Prison was continuing to administer Seroquel to Mark in a direct violation of the "Keyhea" Law, regardless of Mark's worsening diabetic condition, and in violation of a Probate Court Order, Case # 07p-0010, which Judge LaPorte had signed in January, 2007.    Mark Grangetto was sent back to the SHU and back to the hospital again.

Dr. Selby a Forensic Psychologist and a former employee of the CDC, currently employed as a professor at Cal Poly examined Mark Grangetto. Test results were "Organic Brain Damage", with a functioning level in the "severely impaired range".   

There were many Court dates in Hanford with filings of motion after motion, and court date after Court date as the Attorney General's office filed every motion they could come up with. Probably as many as 20 to 30 different Court room appearances were made by both sides.

During this time frame Mark Grangetto was sent to Mercy Hospital on several occasions and one trip was a 24 day hospitalization with a blocked bowel track, and H. Pylori which had caused Large lacerated ulcers. Those Mercy Hospital doctors recommended Skilled Nursing care and a Compassionate Release. However, the doctor's admitted they were scared to death of losing their contract with the CDC if they went against anything the CDC wanted.

The Attorney General's office, Attorney James Phillips, even wrote a Declaration for one of the Mercy Hospital doctor's to sign. This prepared Declaration, which was submitted to the Court, unsigned by the doctor, was not what the doctor had ordered so he did not sign it.  

Attorney James Phillips,  even said to Judge LaPorte during one Court appearance that the CDC was imune from prosecution, and was not under any requirement to furnish medical care to any prisoner. This statement should be in the Court Transcripts.

A Compassionate Release has been denied by the Department of Corrections and the Parole Board. Mark Grangetto is legally blind, in a wheelchair, cannot walk, atrophy of the legs, arms and brain. Diabetes, Acute Hepatitis C. The list goes on with many more physical and adverse medical conditions.    

The Jury trial was set to start on August 20, 2007, Case #06C0054. The Attorney General's office, by their representing attorney, James Phillips threw their final curve ball or was it a Hale Mary escape throw? 

On August 10, 2007 the Attorney General's office filed 15 motions to block evidence in the Jury trial. After almost four hours in the Judge's chambers, and out of the public view, the Judge ruled that the "only" evidence that could be presented to the Jury during the trial would be "Failure to Summons Medical Care".

If a doctor was in the room or the building, even if the doctor did nothing for the prisoner, that would not be Failure to Summons, this also applied to all medical staff of the prison. This would be considered only as Medical Mal Practice, and could not be presented as evidence during the Jury trial. 

Only events of Failure to Summons that fell within the six (6) month time frame immediately prior to filing the Government Tort Claim could be presented as evidence at the Jury trial.

On the other hand, if a prison guard physically saw a prisoner starving to death and did not report it, that would be Failure to Summons Care. That is the "only evidence" that Judge LaPorte would allow to be presented during the Jury trial.

I ask you who knows the names of guards, and who would have any way of proving what a guard saw or did not see concerning any prisoner?  At this point the case was over. There was no evidence of this nature that could be presented at a Jury trial. 

This case was allowed to continue in the Hanford Superior Court for almost two (2) years. Then one (1) week before the Jury Trial the evidence that could have been presented to prove a case was limited to such a narrow format that a case could not even be proven.

. My retirement money has been wasted trying to fight for the release of my handicapped son, Mark Grangetto, who will soon die in a prison cell suffering great physical and mental pain because, the North Kern State Prison doctors are now refusing to give the pain medication prescribed by their own pain management doctor. 

You form your own opinion. I have certainly formed my opinion of our legal injustice system.
Where do we go from here to fight a corrupt prison system that is costing the taxpayers billions of dollars.

An expanded Compassionate Release Bill AB 1539 is pending a vote in the State Senate. I am asking the Governor to please sign that bill once it has passed the Senate.

There must be some justice among all the injustice or what will people have to live for? If poor helpless individuals can have no value to their life, then what value will they place on your life?
   
Nora Weber