Crime Stories with Nancy Grace - How did a comatose woman get pregnant get pregnant in healthcare facility?

Episode Date: January 21, 2019

Nancy Grace looks at the investigation of how a comatose patient in an Arizona long-term care facility became pregnant and who is the father of the newborn child. Her expert panel includes defense lawyer Brian Claypool, psychologist & lawyer Dr. Brian Russell -- host of Investigation Discovery's "Fatal Vows" series, former detective Steven Lampley, North Carolina family & divorce lawyer Kathleen Murphy, and Crime Stories reporter John Lemley. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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Find out how to protect your child. When you're out at the mall or the store or the grocery, in the parking lot, at home. Find out about protection regarding babysitters and daycare, even online. I'd rather have that any day of the week than a plastic toy or, God forbid, a toy gun. Join Justice Nation. Go to crimestopshere.com. Crime Stories with Nancy Grace. The family of a patient who became pregnant and gave birth while in a coma at a nursing facility is speaking out for

the first time. They say they're traumatized and shocked by what they call the abuse and neglect of their daughter. The 29-year-old woman has been in a vegetative state for more than a decade. She gave birth last month at Hacienda Healthcare Facility in Phoenix, Arizona. Police served a warrant yesterday to get DNA from all male employees at the facility. HACIENDA HEALTH CARE FACILITY IN PHOENIX, ARIZONA. POLICE SERVED A WARRANT YESTERDAY TO GET DNA FROM ALL MALE EMPLOYEES AT THE FACILITY. A LAWYER FOR THE WOMAN'S FAMILY ISSUED A STATEMENT ON THEIR BEHALF SAYING THE BABY BOY HAS BEEN BORN INTO A LOVING FAMILY AND HE WILL BE WELL CARED FOR. HACIENDA CEO BILL TIMMONS STEPPED DOWN YESTERDAY. THE BUSINESS SAYS IT IS COMMITTED TO DOING EVERYTHING IN ITS POWER TO BRING THE POLICE

INVESTIGATION TO A QUICK CONCLUSION AND THOSE DNA TESTS, THE SCIENCE WILL FIND THE ANSWER. doing everything in its power to bring the police investigation to a quick conclusion. And those DNA tests, the science will find the answer. We'll tell the story. That's right. We need an answer to that very disgusting story. You're hearing our friends at CBS This Morning. That's John Dickerson, Nora O'Donnell, and Gail King describing a horrific situation at Hacienda Health Care. A sex abuse investigation now launched after a young woman who has been in a coma, a permanent vegetative state

since she nearly drowned 10 years ago, gives birth in a Phoenix Healthcare facility, specifically the Hacienda Healthcare. So you leave your loved one for round-the-clock care. That loved one in a vegetative state, in a coma. They're there for 10 years. You visit. You move them around so they don't get bed sores.

You comb their hair. You wash their hair. You take care of them day in, day out. Suddenly, she gives birth. i don't understand that at all joining me an all-star panel renowned lawyer brian claypool joining us dr brian russell psychologist and lawyer host of investigation discoveries hit series fatal vows stephen lampley crack detective k detective Kathleen Murphy, filming and divorce lawyer and joining me right now, CrimeOnline.com investigative reporter John Limley. Let's start

at the beginning. First of all, John, how could the staff not notice she was pregnant until she gave birth? But hold on, I'm jumping the gun. Start at the beginning, John Limley. Getting information, Nancy, about this case is a challenge because investigators from now multiple agencies are saying next to nothing about the case. But we do know that at some point last spring or summer, someone sexually assaulted this woman who is in a persistent vegetative state or a coma, and she became pregnant. Sources tell us that the alleged victim had been a patient at the Hacienda health care facility for 14 years. This was after a near-drowning incident left her in this coma. The woman gave birth to a baby boy December 29th, and as you pointed out, what's baffling is no one on the staff say they were aware she was pregnant until she was simply giving birth. Exactly. Staff at the Hacienda Health Care claim they've been giving her around the clock care. Her state is the result

of an incident where she nearly drowned 10 years ago. Take a listen to this. Phoenix police revealing a disturbing new detail in an already horrifying case. A baby born to a female patient living in a vegetative state for years at this facility had coded, meaning his life was in danger. He and the incapacitated mother whisked away to a hospital. Investigators finally addressing the public moments ago after days of silence. This woman was unable to move.

She was unable to communicate. In other words, she was helpless. Police have obtained search warrants to get DNA samples from male staffers at the medical facilities hoping to find who may have sexually assaulted the woman who has been arrested. Police have obtained search warrants to get DNA samples from male staffers at the medical facilities, hoping to find who may have sexually assaulted the woman who has been in a vegetative state for more than a decade. You are hearing our friend Sarah Seidner, and she's speaking with Sergeant Tommy Thompson of the Phoenix Police Department.

He describing the woman as completely helpless. Joining me right now, Brian Claypool involved in the case. Brian, weigh in. Yeah. Hey, Nancy, what a shocking story. In my opinion, this is rape. This young lady was in a vegetative state and she had a baby. So she was unable to consent to sexual relations. So that constitutes rape. So law enforcement needs to expedite the investigation, get DNA samples from every single male worker that was in that facility, not only male workers, but any visitors that were given access to the

facility nine or 10 months ago when the baby was conceived. You know, I'm just trying to take in how this may have happened. Kathleen Murphy, family lawyer out of North Carolina, all those nights when a lot of the staff are gone, everything's dark, everything's quiet. Someone walking around giving patients their medication. Someone with access to this woman. I find it difficult to believe it was a visitor. I'll tell you why. This had to be someone that could go in, most likely in non-visitation hours.

Not the normal hours of visitation. You're right. They would want to commit an assault on this woman in a coma for 10 years when not many people were around, when they wouldn't be noticed. That makes me think it was in non-visitation hours. I agree 100% with you, Nancy. And what's really tragic about this whole situation is they report that she felt the delivery, that she felt the pain of labor because she was moaning. And my heart is broken for that family to hear that their daughter, whom they clearly love, was in pain. And she couldn't be helped.

And she wasn't helped until she suffered an incredible amount of pain. And probably wasn't able to really understand herself wherever she is, what was happening. And if she did understand and she knew she was having a baby, how sad would that be? Well, I wonder if she knew that she was being assaulted. And I wonder how many times she was assaulted. I mean, think about it. You think she was assaulted one time and she just happened to get pregnant that one time. I find that very difficult to believe. So how many times had this poor woman, this young woman in a vegetative state being assaulted over and over and over. Did she have any idea that this was happening to her? And what, if anything, does this mean to all the other patients there at Hacienda Healthcare?

A lot of people are mad, my family included. Parents of other patients inside Hacienda Healthcare are furious and demanding answers. My heart hurts. My chest hurts. I haven't been able to sleep good at night because of what occurred here. They're concerned for the safety of their loved ones after a female patient who's been in a vegetative state for 14 years gave birth. A source tells KPHO she delivered a healthy baby boy on December 29, but none of the staff inside the clinic knew the patient was pregnant until she began moaning shortly before going into labor. Our detectives are working diligently to try to identify

a suspect. We have served search warrants. The purpose of the search warrants based upon probable cause is to obtain records that will help us go through the process of identifying a suspect. Those again were done under the authority of a search warrant issued by Superior Court judge. In addition we have obtained buccal swabs that's B-U-C-C-A-L. Buccal swabs are used to obtain DNA, which is going to be one of the key evidentiary factors we'll use in investigating this and bringing it to a closure. Those are based upon reasonable cause. I hope I haven't given you too much information on that. But again, this is an investigation. If you are thinking this will be a short-term

investigation, let me assure you that this is a long-term investigation. But the Phoenix Police Department, which I've been a member of for 35 years, have proven time and time again their abilities to carry out complex investigations. And I have confidence in them at this time. But let me just tell you that this could be a very long investigation. When you heard about the news, what happened here? in them at this time but let me just tell you that this could be a very long investigation when you heard about the news of what happened here everybody was up in shock karina sesina's 22 year old daughter jasmine has been a patient at hacienda healthcare for about two years now karina's not leaving her side you're staying 24-7 because you still don't trust? No. Trust has been

broken and severed completely. While privacy laws limit video surveillance in health care centers, Cecina says there needs to be more cameras. Are there any cameras that you see right now in the facility? None. None. Not in the hallway? No. Not in the room? Nothing. Not in the nurse's station? Nope. Nothing. You're hearing our friend Omar Villafranco speaking with Karina Sassena, the mother of another patient there at Hacienda, who says she's not leaving her daughter 24-7, 365. Forget it. She's staying there. I want to go to Dr. Brian Russell, psychologist and lawyer, host of I.D.'s Fatal Vows. What kind of mind of a perpetrator would repeatedly sex assault a vegetative patient? Yeah, it's a special kind of low when you think about somebody who would take advantage of somebody. It's hard to imagine anybody more

completely helpless than this victim. And I agree with you, it wasn't just one time, because the statistical chances of a pregnancy happening from just one time are low. And so, you know, I have been, as a psychologist and an attorney, I have been involved in malpractice cases against individual health care providers and facilities on both the plaintiff's side and the defense side. And I would not want to have to make the defense case on this one because this should have been impossible. This should have been impossible if the standards of care were anywhere close to being met in this facility. I want you to take a listen.

Hey, Nancy. Yeah. This criminal investigation needs to be expanded based on your discussion. If there were multiple sexual assaults of this victim, the CEO should be investigated for reckless endangerment, criminal negligence and other other executives in in hacienda should be also subject to criminal prosecution if there's evidence of of neglect uh in any prior sexual assault so so law enforcement needs to expand the investigation and the fact that she was moaning as well when she had the baby that also triggers a civil lawsuit for this young lady as well, for the pain and suffering that she went through.

Man, you're not kidding. Take a listen to that point exactly. KPHO-TV's Breonna Whitney, listen. After nearly three decades of leading Hacienda Healthcare, CEO Bill Timmons resigning amidst the investigation into how a 29-year-old Native American woman living in a years-long vegetative state was impregnated at the facility with no one saying anything. We've now learned she was raped several times. My heart stops. I think my heart stopped when I heard the news from my daughter. I was just horrified. I'm going, no, not Hacienda. This woman worked in a management position at Hacienda for over a decade and says she will never forget what Bill

Timmons said in a closed door meeting with the leadership team. What did you witness in 1998? Oh, um, we had a manager's meeting and it was brought up that there had been an incident. She says female nurses were standing around a nonverbal male patient's bed, talking inappropriately about his genitalia. The poor guy was just laying there. He couldn't communicate. He couldn't say anything. He couldn't defend himself. You know, we were talking about reporting it to CBS and Bill Timmons slammed his fist on the table and said, no, no one is going to report this. What did you think when he said that?

I was horrified. By law, we are supposed to report things like that. Were you scared? I was scared. Bill Timmons had a temper, and we knew not to mess with that temper because people got fired. I saw people disappear and never come back. Wow. You're hearing our friend at KPHO-TV, Breonna Whitney, speaking to someone who wishes to remain anonymous who worked at Hacienda.

Take a listen to this. This woman worked in a management position at Hacienda for over a decade and believes other abuse has gone on throughout the years. But a woman impregnated with nobody speaking up while Timmons was CEO, she says that is inexcusable. But do you think in some way Bill Timmons is at fault here for what happened? I think he let things happen and didn't do anything about it. Didn't let people do their job. Yeah, I kind of do. You are hearing KPHO-TV's Breonna Whitney speaking to a woman who wishes to remain anonymous, who was in a management position at Hacienda for over a decade. You know, is it a criminal case? I say absolutely it is a criminal case. Here's CNN's Sarah Seidner.

Listen. Attorney Brian Claypool says the criminal exposure in this case is very clear. If the woman in Phoenix was in a vegetative state and she gave birth to a child, then she was raped because she could not have consented to a sexual relation. Karina Cessna says she and other parents with children in this facility are stunned and scared. Cessna's 22-year-old daughter is living here with severe brain damage. She is extremely vulnerable. She cannot walk and can barely talk. We were just so scared because who knows what would happen if it was a staff member, if it was a family member, if it was a stranger. We have no idea. What did you decide to do personally to make sure your daughter who's inside is safe? I stay here 24-7 now to make sure

that she's in a safe environment as well and just move forward because trust has been severely broken. That's Sarah Siner speaking with Brian Claypool who is with us right now. Brian Claypool elaborate. Yeah Nancy this case is about the Me Too movement meeting mental health. I mean, can you imagine being a family member of a patient in that facility? You have to be doing a 24-hour vigil watching your relative in that facility. I mean, this is a public hazard, a public safety risk, I think the state or the county should also be putting security guards in that facility until they can get to the bottom of this. I mean, I think from top to bottom, this nursing home needs to be cleansed. There were prior incidents of sexual harassment, possible alleged sexual abuse. This facility had a much below average rating. It was a train wreck

waiting to happen and heads need to tumble. John Lindley joining me, investigative reporter with CrimeOnline.com. What can you tell me about a 2013 investigation? Nancy, it was in December of that year, 2013, that thezona department of health services conducted an investigation after a formal complaint was made the report was investigating staff treatment of clients what's at the center of this very case the arizona department of health services determined hacienda was not in compliance due to staff treatment of clients and staff training program. The facility after this had to submit evidence of compliance or they would have been terminated from the Medicare program. So that's a 2013 allegation.

Take a listen to CBS's Omar Villafranco. A federal database that tracks nursing homes reveals Hacienda Healthcare has an overall rating of one out of five stars. According to state records, a staff member was fired in 2013 after making inappropriate sexual comments about patients. Hacienda Healthcare declined our request for an interview, but in a statement says it's cooperating with law enforcement and conducting a comprehensive internal review of processes, protocols, and people to ensure that every single resident is safe. Even though now it is a little bit better, but this should have been done prior to this incident happening.

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the woman's family isn't talking due to the emotional distress but shared their feelings through an attorney saying they are outraged traumatized and in shock by the abuse and neglect of their daughter they also revealed the baby is a boy who has been born into a loving family and will be well cared for. The San Carlos Apache tribe said the woman is a 29-year-old registered member of their tribe. Cessna says the health care company didn't even inform the families about the incident until five days after the birth and only after local news reports expose the situation. I think that there's an underlying blanket somewhere that they're trying to hide under you know instead of being transparent they're not being very transparent

at all. You're hearing our friend Asena and Sarah Siner talking with the mother of a Hacienda patient Karina Sassina and she's absolutely right. You know, John Lumley, Crime Online investigative reporter, I did not realize that Hacienda Healthcare did not tell the victim's family she had been pregnant and gave birth, and they only came to their attention when they heard the woman moaning and crying. There she is in a coma giving birth without any pain medication, any anesthesia, nothing. They don't tell her family she's had a baby until five days later after they're busted by the media, John Limley. Nancy, that is correct. They learned so many of the details in this case,

just like the rest of us did on tv you know healthcare said in a statement that uh police had served a search warrant for the samples dna samples from ill staff members and they go quote as a company we welcome this development the ongoing police investigation welcome this development my rear end they should be quaking in their boots. Explain to me what is happening. Brian Claypool, defense lawyer. Police are seeking DNA samples from all male staff members at Hacienda Healthcare there in Arizona. They're going to have to date that back to the time when she would have gotten pregnant. You know, I don't know if the baby was premature.

I have no idea about that. You'd have to determine that through a neonatal specialist. But it can't be just who's there today. It's got to be who was there at the time that the baby was conceived. Yeah, Nancy, good point. And this isn't brain surgery. I mean, the pool of potential suspects in this case has got to be very small. Law enforcement should be getting answer very soon. You go back, what, eight or about nine months, maybe 10 months from the date the baby was born. work warrant served on the facility for the identity of all male workers at Hacienda.

And I believe they've been ordered to give a DNA chromosomal test. And law enforcement should be able to pinpoint who the father is. But one more quick point, Nancy. You guys made another great point. The fact that five days went by in notifying the family, that now triggers a potential multimillion-dollar civil lawsuit by the parents. The parents of the victim now have an intentional infliction of emotional distress claim against that facility, and they could seek millions of dollars now in punitive damages. And they better hope that baby is completely healthy because he was delivered with no medical help. Nothing. It all happened right there in Hacienda Healthcare.

They had no idea, according to them, that she was pregnant. But I disagree with you on one thing, and that is this. Out to you, Steve Lampley, ACE detective. Steven, I don't think it's just the male employees that work at Hacienda Healthcare. I think you've got to look at pharmaceutical reps that may have come in and out. At Worker Men, they came in to fix the air conditioner or the heat or make repairs or fix the windows or cut the grass. You've got to look at visitors. How are they going to reconstruct every visitor that came in without any cameras in the halls?

You've got to look at doctors that visited those patients, at visitors to every other patient in Hacienda Health Care. How do I know it wasn't a visitor that frequently visited his dear old grandma two halls over? I don't know who it is. To Stephen Lampley, how are you going to do this? Well, Nancy, you start with what they're doing. They're starting with the employee. That's you start. And it's like a homicide investigation where you start with the family. You start there and then you broaden. If you don't have any luck there, you broaden your circle out

to the next level. If you don't have luck there, and you keep expanding your horizons. So they're starting where they need to be starting, which is with the staff, the mail staff. And then you go from there. If you have no luck there, then you go to the next step beyond that, which might be visitors, doctors or something that are coming in on an infrequent basis, other than those who are working a regular shift there. You know, to John Limley, investigative reporter, this birth and the sex assault of a vulnerable woman, and of course we're hearing this was not the first time she was assaulted as she lay there in her bed in a vegetative state,

it has really cast Hacienda Healthcare in a bad light. And isn't Hacienda an alleged non-profit organization that claims it's a leading provider of healthcare for Phoenix? What about it? Who is Hacienda Healthcare? Hacienda has actually been around for over five decades, 52 years. I'm not impressed. I'm not impressed. Don't say it like it's a good thing. That means to me, women have been being raped there for 52 years as far as I'm concerned, Limley. And their core clients are actually infants, children, and young adults. A lot of people, when they hear about a health care facility like this, assume that most of the patients there are elderly. This is not the case with this one.

This includes young adults who are medically fragile, chronically ill, some of those with developmental disabilities. The organization... Wait, right there. Wait a minute. Oh, no. Brian Claypool, as a defense lawyer, you've been in criminal law. You have dealt with so many predators this is a predator's dream you've got all of these children all these young adults

physically and or mentally fragile or in need of help, developmentally disabled. They can be taken advantage of, and nobody will ever know what they're saying, what they're suffering. Nobody would ever believe them. It is a predator's hunting ground. Yeah, Nancy, you raised an exceptional point. This was a playground for predators. And what I mean by that is that there should have been escalated security and internal controls at Hacienda to safeguard the patients because they are, A, not only younger, but B, most important, they are unable to articulate. They are unable to defend themselves. All the more reason for more security surveillance cameras in the facility and for vigilant supervision of the employees. This is just a horrible situation.

We know that Hacienda Healthcare has 40 programs that touch the lives of 2,500 people a year, nearly 3,000 people a year in Arizona. How many of them have been victims? So as part of this investigation, police are going to have to look for other victims. Who else within Hacienda Healthcare has been raped? Adult Protective Services tells us after hearing the allegations, they immediately dispatched a team to conduct health and safety checks on all members living in the facility and the Arizona Department of Health says they are actively working with local law enforcement in their criminal investigation.

But right now no suspects have been named and our source says this patient required round-the-clock care and many would have had access to her room. So those patients saw quite a few people in just a day right time. Yeah. So there could be a lot a few people in just a day. Right. Time. Yeah. So there could be a lot of possibilities as to who did this. Right. She also says the facility has changed protocol this week. I was told that as of now, if a male staff needs to enter a female room, that they need to bring in a female employee with them. And as far as you're aware, that is a new policy. Yes.

So many questions as to how something like this could have happened. But our source says this woman was raped in the most vulnerable state. So she had no way to defend herself in this sort of situation? None whatsoever. And not even able to communicate the fact that she was pregnant. You are hearing from our friend Brianna Whitney at KPHO-TV. Speaking with a woman who wants to remain anonymous, you could hear her voice had been distorted to protect who she is. Now, you know, that's interesting that the employees are afraid for their names or their to be known or their faces to be shown to the extent that this woman wanted her voice even distorted so no one could tell it was her. laypool uh veteran defense attorney joining us out of la that anybody did anything immediately

because hacienda health care kept it a secret for five days they didn't even tell the family until the news busted them so when they're talking about they rushed in immediately and did this and they did that bs they didn't even know nobody knew about about it. When they say this woman, this young girl had round the clock care. Well, I don't think so, because somebody had time to get in there over and over and over and rape her. That tells me that this was a culture of sexual abuse report sexual harassment and sexual abuse, and they are intimidated and bullied, and that propels or facilitates all of this sexual abuse happening. And that's why that employee wants her voice distorted. That is really tragic. But again, the fact that this facility doesn't tell the family about the baby being born for five days is reprehensible and in conscious disregard for not only the victim, but also the family. And that is going to place this facility at a risk of paying millions of dollars in punitive damages. I don't give a flying fig about them paying damages.

I care about this. We're talking about how are we going to prove it, about DNA tests, about multimillion-dollar lawsuits. Think about this. Think about lying there in a hospital bed day in, day out. Maybe you can hear what's going on. Maybe you can see what's going on. Maybe you can see what's going on. But you can't speak or move.

Ten years you lay there like that. Ten years. And over and over and over at night when the lights are turned off and people leave the healthcare facility, someone comes in your room and rapes you. And you can't do a thing. How long did she lay there in pain? In pain, going into labor, suffering. How did they not know she was pregnant?

How did that little fact that she gave birth to a full-term baby boy escape everyone who was caring for her? Who was changing her sheets? Who? Who? Why? And imagine her family living with the guilt that they put her in Hacienda. It's just overwhelming. And when the boy grows up and he learns what happened to his mother, it's just overwhelming take a listen to our friend Brianna Whitney the KPHO what happened

inside the Hacienda skilled nursing facility in Phoenix a woman who has been in a vegetative state at the facility for at least 14 years after a near drowning incident giving birth to a baby Saturday but nobody knows who did this to her. When you first heard about what happened what went through your mind? How could it happen and just anger and sadness sick to my stomach. This woman familiar with what happened has asked us to conceal her identity and voice. She says employees could not believe what was unfolding inside the victim's room. The staff were aware that she was pregnant until she was pretty much giving birth. How were they alerted to the fact that she was going into labor? From what I've been told, she was moaning,

and they didn't know what was wrong with her. There was a nurse that was there, and from what I heard, she's the one that delivered the baby. What do we know about the baby? From what I know, the baby is alive, the baby is healthy. Let me advise anyone listening that to assault a vulnerable person or a person in her condition is a felony. To John Limley, CrimeOnline.com investigative reporter, what do we know about her medical history? Like, for instance, when was the last time she was

examined? The patient, Nancy, is at a maximum level of care, unable to speak, as we've heard. So the mother, her legal guardian, has received annual reports about the patient's condition. Records from the care facility show that the patient had been examined on April 16th of 2018. That's eight months before she gave birth. And no surprise, the report showed no indication of pregnancy. And very interestingly, I guess, ominous now that we know all that we know, the doctor recommended in the report that the facility continue its current care. I'm just trying to take in everything that we are learning now. Right now, we know that at this moment, we believe the little boy is healthy. We don't know how the victim is. We don't know what is being done to determine who the perp is. Right now, the search is on decrypting DNA will now

be the primary goal of Phoenix Police Department as they work around the clock to ID the person who impregnated a comatose woman there at Hacienda Health Care. How will they do it? Most likely from DNA taken from the mother and the little boy by a buckle swab, which is a cheek swab. We wait for justice to unfold. If you have information regarding Hacienda Health Care investigation, please dial 602-262-6141,

602-262-6141, 602-262-6141, or 480-WITNESS, 480-WITNESS. That's 480-948-6377. Nancy Grace, Crime Story, signing off. Goodbye, friend. This is an iHeart Podcast. signing off. Goodbye, friend.