I have posted repeatedly on this trial "Two Texas Nurses Terminated and Charged Criminally for being Advocates of their Patients" and "Nurses Try To Protect Patient - Gets Criminally Charged."  It looks like the jury will finally have its say.  Regardless of how this case plays out the very thought of holding an RN criminally accountable for reporting an errant physician has already chilled future reporting.  This is a perfect micro-example of the physician old-boys-network that conspires every day to keep hush medical malpractice.

Day three in the trial of a former Winkler County Memorial Hospital nurse included more revealing testimony from key figures in the case.

From Judge Rex warning the audience once again, to testimony from the Sheriff, the hospital administrator and nurses inside the hospital, day three of the trial saw heated direct and cross examinations of seven witnesses with the prosecution and defense getting to the heart of the issue.

The morning began with Winkler County Sheriff, Robert Roberts, on the stand. Roberts admitted to defense attorney, John Cook, during questioning, that nothing disparaging was in the original letter sent by Anne Mitchell to the Texas Medical Board and that it was not "non-governmental" in nature. The Sheriff did say he believes the patient file numbers in the letter were confidential, although they do not reveal any names, dates of birth or identities. Former Winkler Co. Nurse, Cendy Antley, shared her thoughts on today's testimony.

"It really concerns me that there is this good old boy system going on and that my county is suffering because of it", she said.

Next, Winkler Co. Memorial's Doctor Kenneth Winton took the stand and admitted he's been reprimanded by the Texas Medical Board before. The defense asked Winton whether the medical mistakes Dr. Arafiles made,

 would be made in larger, professional hospital. Winton responded by asking Attorney Cook, whether he was suggesting Winkler Co. Memorial is not professionally staffed, to which Cook said, "I think the evidence has made that much clear".

Ms. Antley believes the case, which has drawn national attention, could get even bigger.

"One day this could become a book, this could become a movie because their careers are ruined. That was Anne she kept coming. They didn't like it. They wanted to shut her up and I think the civil trial will bring to light a lot of that", she said.

Then, hospital administrator, Stan Wiley, faced a long line of questions in cross-examination. He explained that the only reprimand handed to Dr. Arafiles from the hospital was telling him "not to do it again". This includes improper surgeries, wounding a patient, sending a patient with appendicitis home without care, and sticking a needle into a patient's bone.

"That is not a standard of care in any E.R. That is ridiculous, we don't do that in America", said Antley.

Once the prosecution decided to rest, the defense called several former hospital employees to the stand, including Doctor Naomi Warren, who said she sent a letter of her own to the TMB regarding her concerns about patient safety at the hospital. Dr. Pham, a colleague of Dr. Arafiles, said he's had concerns about Arafiles' conduct. Winkler Co. Judge, Bonnie Leck, testified that she thinks Anne should not have been fired. Then former Winkler Co. Rural Health Clinic nurse, Debby Egger, took the stand.

"Not for harassment. It was for patient safety", she explained to CBS 7 right after her testimony. Finally, the defense called Lolly Lockhart to testify. Lockhart, a former Texas Medical Board employee (PhD, RN) stressed that the board weeds out possible false or harassing complaints from legitimate complaints: meaning Doctor Arafiles probably had nothing to worry about.

"I've never seen any retaliation like this, ever in my almost 50 years of nursing practice", said Lockhart.

Prosecuting Attorney, Scott Tidwell continued attempts to establish harassment by Anne Mitchell directed toward Doctor Arafiles. A handful of the prosecution's witnesses claim that Mitchell called Arafiles a "witch doctor" and told them quote "we need to get this SOB out of here".

Just a day ahead of a likely finale to the trial, Ms. Lockhart says she's holding her breath for nurses everywhere.

"If this case is not won by the nurse, it could virtually shut down all reporting of all professional boards. Who would want to run the risk of facing a criminal challenge just because they reported what they were concerned about".

Doctor Rolando Arafiles, County Attorney Scott Tidwell and administrator, Stan Wiley, all declined our interview requests.

The trial continues this morning and we're told the jury may have their ruling by the afternoon.

 Janabeth Fleming Taylor, R.N., R.N.C.

 Litigation Paralegal

 Attorney's Medical Services, Inc. - Corpus Christi

 P.O. Box 181268

 Corpus Christi, TX  78480-1268

 Phone: 361-949-8880

 Fax: 361-949-8886

  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 www.attorneysmedicalservices.com

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