How Bad it Was

"Assault"/huntemann                                                                                                                                             Page 928

Chapter Ten
Scene [12]

How Bad it Was

Timeline: 2000/10/15 - 2000/10/20

         In October of 2000, rumors had been flying around that the Bankruptcy Reform Act of 1999, about to go to president Clinton, would give a backdoor escape hatch to corporate debtors.

         The bill was supposedly written to tighten up the ‘Bankruptcy of Convenience’ tactics used by individuals against credit card companies. But I suspected there was language in there to assist corporations like Town Manor, too.

         Even if we are successful with our suits, Town Manor may get off without much damage, and so, without responsibility.

         I tried not to think about that possibility. It made me angry and my mood would go dark.

         We didn’t start our suits to make money. All we wanted was to assure Renee and Kimee were cared for and protected. With Renee’s death we gained control of her suit, but there would have to be a change in tactics. We were still unsure of what those tactics would be.


         Three days before Kimee’s 2nd birthday, we were returning from visiting her on a Friday when Ed Daley called my cell. I was driving so I handed it to Ferne to answer.

         He said, “I have a report from my investigator who interviewed Moret in prison. It’s a little graphic.”

         Ferne said, “Oh no. I don’t know if I want to hear this.”

         I suggested, “Let me call him back when we get home.”

         He said, “Sure.”


         Ten minutes later I turned on the speaker phone in the den and punched in the attorney’s number.

         Ferne said, “I’ll do the dishes,” and pulled the door shut.

         I did, but didn’t, want to know the specifics. Ferne probably did too but was squeamish about it. Moret was a monster... but it was with our daughter, Renee.

         I said, “I don’t need all the details, Ed, but we want to know how bad he was... and how often.”

         Ed said, “My investigator talked to Moret several times. By the last visit, he was rather open, almost boasting. But his council wouldn’t allow the graphics into his statement.

         “He admitted he assaulted Renee many times... ‘too many to count’ was the way he put it. He started with fondling her while changing her and giving her baths. It went on for months, until—”

         “Wait a minute, Ed,” I said. “Just give me a summary. Obviously he didn’t use protection, but why? Why did he do it?”

         Ed said, “Nope, not once. Just animal desire and because he could. He was always high on cocaine and booze most nights, with a bottle in the car. And there was seldom any supervision around.”

         “Was he actually alone? Nobody else around? A lookout?”

         “No, he never indicated anything that might have hinted at an accomplice. He was alone... or, he’s afraid.”

         I asked, “He wants to blame it on drugs? And supervision? Why? He’s in prison now.”

         “There’s always hopes of parole. Guys like that want to show how they’ve changed their ways.”

         “Well, he’s partly right. They should have caught him.”

         Ed said, “Right. And that’s a big part of our case. We have enough significant admissions for our purpose. We obtained an affidavit, signed by Moret, that describes the management practices of Town Manor at the time. It is cleaned up from the interview conversations, where he went into more graphic descriptions, but wouldn’t sign off on them. The only thing he would hint at was ‘...I did things you can't imagine in the resident's room.’

         “I’ll send over a copy.”

         I said, “Okay. Doesn’t sounds like great bedtime reading, but thanks.”

         Ed said, “This strengthens the case for Renee... so we will be asking for five million.”

         Wow.

         Ferne eased the door open. She had been listening. I knew she would. Her lips were a taunt straight line, chin quivering. I stretched out my hand to her.

         I said, “Thanks Ed. Do what you have to,” and hung up.


         I said, “Poor Renee. She had to endure such assaults and nobody else in the place noticed.”

         Ferne leaned into me and I held her. We both breathed deeply trying to hold back the tears. Couldn’t.

         I eventually said, “It wouldn’t be a victory even if we win all $5M. I wish she was still at Town Manor with good security as we were misled to believe she had. I would give this all up just to have her back, even in that diminished condition.”

         Ferne said, “Me too.”

         We remained saddened by Ed's report all weekend even though it would help Renee's case. The prospects of a win gave us no joy.


         Over the next couple of days, I slowly came around to the idea that it might be our destiny to do the job of the Mass Health Department, Mass Governor, Mass Legislature, and now the insurance companies. If they don't want to require the nursing industry to implement real security, then we would have to sue them into compliance.

         I wanted to make Sun Health (Town Manor) pay the full judgment... because they were the ones directly responsible.

         However, if the bankruptcy judge would not let us sue the nursing home for more than some paltry amount, then we would go after the insurance companies. Maybe they should require the Sun Healths they insure to do proper security.

         Too bad we’d have to do it that way, but to get someone to lean on the nursing homes sufficiently to get them to change, I guessed we would have to do it.

         The health department should do it. But they are in bed with the industry. Just look at the DPH report on Town Manor. I hope the insurance companies face gigantic future judgments if they allow more rapes! That is if the bankruptcy court doesn't screw us, and the tort reformers don't stop us.


Pages: 5
Words: 977