2011.07.01 TRIAL Day Thirty-three (Afternoon Session)
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liltexans
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Camperlengo excused. #CaseyAnthony
by oscaseyanthony via twitter at 1:30 PM
Baez asked Camperlengo if state asked for these records before. he said no. He was first asked June 24, 2011. #CaseyAnthony
by oscaseyanthony via twitter at 1:30 PM
#baez now suggesting state should have sought this information sooner.
by bobkealing via twitter at 1:30 PM
by oscaseyanthony via twitter at 1:30 PM
Baez asked Camperlengo if state asked for these records before. he said no. He was first asked June 24, 2011. #CaseyAnthony
by oscaseyanthony via twitter at 1:30 PM
#baez now suggesting state should have sought this information sooner.
by bobkealing via twitter at 1:30 PM
mombomb
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7/1/11
JB has a potential objection to the first witness. HHJBP overrules and says to proceed.
1:35
JURY BACK
DIRECT EXAMINATION OF JOHN CAMPERLINGO
He is the chief compliance officer and general counsel for Gentiva. Headquarters are located in Atlanta. He is responsible for the legal affairs of the company.
He is responsible to see that Gentiva complies with Federal regulations.
Information retention? Most of their documents are patient files and those are collected and maintained at the branch, sent to an offsite location and then they are maintained in an electronic database. It is a company policy that they maintain records. Patient records are kept for 10 years. The e-docs are maintained in their Kansas location. There is a separate security officer responsible for maintenance of those. There are likely to be several servers for email, but the clinical management retention system is in Kansas, kept on the central time zone. Electronic time stamps will be one hour behind.
Emails sent or received by employees are maintained. They are retrievable, whether they are deleted or not. This is maintained on tape. They are subject to HIPPA and if there is ever a breach, they would have to notify all patients.
Does Gentiva record and compile data related to terminal work stations at particular offices? If it is maintained on a server, then yes. Under a particular user ID? Yes, everyone has a unique log in and ID and that information is retrievable.
Clock in and out times of employees? They use Unity - branch directors record certain information. When someone logs into the system a stamp is made in Central time and that is recorded and maintained.
Was CA an employee in Winter Park in March of 2008? June 24 he received a call from a detective from OCSO who asked him to retrieve some records. He requested a subpoena and once he received that it related to phone records, computer activity, internet activity and some other info related to CA.
Stipulation - CA was employed by Gentiva. Documents are true and accurate for employment from 1/1/08 to 7/16/08.
Documents marked as Exhibit 338?
He identified the document as an employee profile of CA. It indicates what her ID and log in was - CMANTHON.
The records include deleted, sent and received emails.
RT composite, RU, RV, RW composite and RX composite. He identified them as the deleted, received and sent emails to the Gentiva account for CA for the week of March 17, 2008.
He directed IT (Mr. Paul Stein - VP of IT) to provide the records to him to comply with the subpoena.
Emails in Outlook form.
Items marked as Exhibits 339-343.
He asked for the log in and log out times for CA for the week of March 17, 2008. It was part of the subpoena request. He was shown Exhibit RY and identified it as the log in info. Document marked as Exhibit 344 and published.
The title of the document is History Log Report for CMANTHON.
She logged on and opened a session in Unity on 3/17 at 7:02:02 Central Time.
Next - B session - Clinical managers open two sessions. They were opened within a 2 seconds. That is consistent right up until 3:28 on 3/21/08. The two log ins are consistent. Two have to be opened to toggle between two screens.
They designate work stations with a W and laptops with an L.
102937 is the terminal. The record shows the same terminal was used the entire week.
The records show that CA was at a work station on March 17, 2008 beginning at 8:02:02 EST.
All employees are not required to log in at the beginning of the work day.
A log in signifies that an employee is activating the Unity system.
The record for 3/17/08 ended at 16:51. These are the log out periods.
The system is running off a server in Kansas, but once you log out, you are out. If you walk away from your desk, there is a 5 hour timed log out.
If you log in and you are conducting activity on the system, it stays up until you log out so long as you don't delay 5 hours.
Explanation for March 17 is the same for the rest of the days of the week.
On 3/21/08 there were two sessions - 7:43:06 and 7:43:20 CST. Both sessions were logged off at 16:37 CST.
Composite Exhibit RZ - (JB - we stipulate to RZ as well). Marked as Exhibit 345. The original format is an EXEL spreadsheet and was published. He identified it as a journal report of the user CA for the week of March 17, 2008 through March 21, 2008 - all of the activity under the user ID during that week - all entries into the Unity system.
The first line - the columns - A is journal entry, the second is date, the third is journal time (CST), work station, journal user, job # that tracks the number for the record, job library is the data base on which this is held, job objective and job program are technical terms.
Records are maintained electronically - they are not replaced - you just keep adding and adding on top of.
At 7:03:13 there are three entries at the same time which means that three items on that page were changed. That continues throughout the day for 3/17 under the B session. There was no activity on the A session.
Afternoon hours of 3/17/08 and 3/18/08 - Line 110 - 12:41:27 - that would be 1:41:27 EST. Regarding activity from 110 to 133 - he can't tell the specific patient changes that were made to the file, but there at least several that were made, changes to patient profiles in their Unity system during that time.
The records show that CA was working on patient records at a terminal in the office from 12:41 CST down through 13:22 CST - (1:41 EST to 2:22 EST).
The record continues all week. Tuesday was the heaviest day because they produce all their plans of treatment on that day. The manager of clinical practice is responsible for making sure the patient is properly diagnosed, the nurse's notes are accurate, the orders are accurate.
Afternoon of 3/21/08 - 1:00 CST - Line 5086 - entry at 13:27:44. Somebody hit the enter button to enter data in a patient record at a desk terminal under CA's log in. The activity continued thru the end of the day - until 15:06 (CST).
The log in accounts are password protected. Everybody has a unique identifier and an individual password that is changed every 90 days. They try to get employees to not share passwords, but it does happen.
They are subject to external and internal auditing.
Sarbanes-Oxley - an act passed in 2002 following Enron collapse, requiring publicly traded companies be audited.
The records show that CA was entering info on 3/17/08 between 1:00 and 3:00 EST. On 3/21/08 she was entering info between 2:00 and 3:00 EST.
CROSS EXAMINATION BY JB
Were you contacted in the summer of 2009 to provide this info? No, it was last Friday.
You weren't asked to provide any info prior than that to impeach CA?
No.
OBJECTION
Witness is excused at 2:30
SIDEBAR 2:30
JB has a potential objection to the first witness. HHJBP overrules and says to proceed.
1:35
JURY BACK
DIRECT EXAMINATION OF JOHN CAMPERLINGO
He is the chief compliance officer and general counsel for Gentiva. Headquarters are located in Atlanta. He is responsible for the legal affairs of the company.
He is responsible to see that Gentiva complies with Federal regulations.
Information retention? Most of their documents are patient files and those are collected and maintained at the branch, sent to an offsite location and then they are maintained in an electronic database. It is a company policy that they maintain records. Patient records are kept for 10 years. The e-docs are maintained in their Kansas location. There is a separate security officer responsible for maintenance of those. There are likely to be several servers for email, but the clinical management retention system is in Kansas, kept on the central time zone. Electronic time stamps will be one hour behind.
Emails sent or received by employees are maintained. They are retrievable, whether they are deleted or not. This is maintained on tape. They are subject to HIPPA and if there is ever a breach, they would have to notify all patients.
Does Gentiva record and compile data related to terminal work stations at particular offices? If it is maintained on a server, then yes. Under a particular user ID? Yes, everyone has a unique log in and ID and that information is retrievable.
Clock in and out times of employees? They use Unity - branch directors record certain information. When someone logs into the system a stamp is made in Central time and that is recorded and maintained.
Was CA an employee in Winter Park in March of 2008? June 24 he received a call from a detective from OCSO who asked him to retrieve some records. He requested a subpoena and once he received that it related to phone records, computer activity, internet activity and some other info related to CA.
Stipulation - CA was employed by Gentiva. Documents are true and accurate for employment from 1/1/08 to 7/16/08.
Documents marked as Exhibit 338?
He identified the document as an employee profile of CA. It indicates what her ID and log in was - CMANTHON.
The records include deleted, sent and received emails.
RT composite, RU, RV, RW composite and RX composite. He identified them as the deleted, received and sent emails to the Gentiva account for CA for the week of March 17, 2008.
He directed IT (Mr. Paul Stein - VP of IT) to provide the records to him to comply with the subpoena.
Emails in Outlook form.
Items marked as Exhibits 339-343.
He asked for the log in and log out times for CA for the week of March 17, 2008. It was part of the subpoena request. He was shown Exhibit RY and identified it as the log in info. Document marked as Exhibit 344 and published.
The title of the document is History Log Report for CMANTHON.
She logged on and opened a session in Unity on 3/17 at 7:02:02 Central Time.
Next - B session - Clinical managers open two sessions. They were opened within a 2 seconds. That is consistent right up until 3:28 on 3/21/08. The two log ins are consistent. Two have to be opened to toggle between two screens.
They designate work stations with a W and laptops with an L.
102937 is the terminal. The record shows the same terminal was used the entire week.
The records show that CA was at a work station on March 17, 2008 beginning at 8:02:02 EST.
All employees are not required to log in at the beginning of the work day.
A log in signifies that an employee is activating the Unity system.
The record for 3/17/08 ended at 16:51. These are the log out periods.
The system is running off a server in Kansas, but once you log out, you are out. If you walk away from your desk, there is a 5 hour timed log out.
If you log in and you are conducting activity on the system, it stays up until you log out so long as you don't delay 5 hours.
Explanation for March 17 is the same for the rest of the days of the week.
On 3/21/08 there were two sessions - 7:43:06 and 7:43:20 CST. Both sessions were logged off at 16:37 CST.
Composite Exhibit RZ - (JB - we stipulate to RZ as well). Marked as Exhibit 345. The original format is an EXEL spreadsheet and was published. He identified it as a journal report of the user CA for the week of March 17, 2008 through March 21, 2008 - all of the activity under the user ID during that week - all entries into the Unity system.
The first line - the columns - A is journal entry, the second is date, the third is journal time (CST), work station, journal user, job # that tracks the number for the record, job library is the data base on which this is held, job objective and job program are technical terms.
Records are maintained electronically - they are not replaced - you just keep adding and adding on top of.
At 7:03:13 there are three entries at the same time which means that three items on that page were changed. That continues throughout the day for 3/17 under the B session. There was no activity on the A session.
Afternoon hours of 3/17/08 and 3/18/08 - Line 110 - 12:41:27 - that would be 1:41:27 EST. Regarding activity from 110 to 133 - he can't tell the specific patient changes that were made to the file, but there at least several that were made, changes to patient profiles in their Unity system during that time.
The records show that CA was working on patient records at a terminal in the office from 12:41 CST down through 13:22 CST - (1:41 EST to 2:22 EST).
The record continues all week. Tuesday was the heaviest day because they produce all their plans of treatment on that day. The manager of clinical practice is responsible for making sure the patient is properly diagnosed, the nurse's notes are accurate, the orders are accurate.
Afternoon of 3/21/08 - 1:00 CST - Line 5086 - entry at 13:27:44. Somebody hit the enter button to enter data in a patient record at a desk terminal under CA's log in. The activity continued thru the end of the day - until 15:06 (CST).
The log in accounts are password protected. Everybody has a unique identifier and an individual password that is changed every 90 days. They try to get employees to not share passwords, but it does happen.
They are subject to external and internal auditing.
Sarbanes-Oxley - an act passed in 2002 following Enron collapse, requiring publicly traded companies be audited.
The records show that CA was entering info on 3/17/08 between 1:00 and 3:00 EST. On 3/21/08 she was entering info between 2:00 and 3:00 EST.
CROSS EXAMINATION BY JB
Were you contacted in the summer of 2009 to provide this info? No, it was last Friday.
You weren't asked to provide any info prior than that to impeach CA?
No.
OBJECTION
Witness is excused at 2:30
SIDEBAR 2:30
rosepetal1065
Ive got splinters..in the windmills of my mind....
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Okay that's all JB had........hehe
Steely Dan
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Does JB really think that hammering home CA changed her testimony on the stand at the last minute would help his defense? :waitasec::banghead:
Pooh
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OMG!! :floorlaugh: Great post!
KenoshaKid
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ICA looking thwarted.
Curious Me
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JB finally figured out to not push the issue. Really?
Okay, Mr. Baez. What exactly was the purpose of those cross examining questions? How could they have even known they were going to need those records to impeach Cindy before she got on the stand and perjured herself for your client?
IMO
IMO
There are things he can ask. And they will not make a difference in this particular case.
I will not post them here, because I have no intention of giving the DT any ideas.
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