I'm recalling the headlines from last week: "DA is getting weaker and weaker," and then to learn that as of today, Descalzo has never requested DA's medical record from Tallahassee Jail since DA arrived at the facility.
Rep for the Jail in Court (not the Chief) actually had the file with him in Court (held it up above his head in front of Judge Everett), and it was telling when Descalzo did not touch that comment!
IMO, I think the Defense ER Motion was mostly strategy. If part was for sympathy and shock value, it worked just from WS posts expressing concern for DA's well being and whether or not her civil rights were being violated.
Understandably, there was no specific discussion and/or disclosure about DA's medical or mental condition in open Court for privacy/HIPAA reasons. Only that Jail Medical has not approved DA for a status change. MOO
Yep, as I started watching late I saw him hold up that medical file and wave it.
Yes re goal - PR mostly?
Am just watching it from the beginning now & here's what I learned:
- Rashbuam was able to meet with Donna ( then he contacted Marissel and she drew on his comments for her motion. week of 27 or 28th Nov)
- Descalzo was entitled to visit her client face to face for 60 minutes ( but obviously Descalzo did not take that up)
- she is not permitted to have paper ( Doh! Descalzo didn't understand that paper is deemed a choking hazard if you're on suicide watch?!)
Jail attorney Twhomey ( sp?) :
- no impediment in access to tablet - unless she needs to use head phones. ( nobody has suggested she needs earphones in the first place)
- - when she was booked into LC Jail she made a statement that she wanted to die ( at this point, Donna starts laugh-smirking, head shaking in court)
- he personally listened to her earlier jail call with CA, prior to arrest - the sleeping pills OD plan ( Judge Everett interrupts to admonish Donna who attempted to speak and said something like ' OMG!' . She waves her hand and says ' sorry' )
Chief Mack next:
- Because it's suicide watch & direct obs she cannot have the tablet inside her own cell. She is escorted to an office, with a guard outside, it has transparent screen etc. She can use the tablet in there. This is protocol.
- Dr Zapp has evaluated her ( Because of HIPAA laws, he can't read that eval or discuss it so Descalzo seems to exploit that) Descalzo claims Zapp never evaluated her. Descalzo claims that on Nov 27th Dr Pugh is only person who saw her, Descalzo starts raising her voice, Donna is shaking her head.
- Descalzo asks him silly questions such as
when will DA be ' stepped down' from direct obs ( suicide watch) He reels off a list of the medical staff & Mental Health counsellors who will make that decision when they decide she is fit for step-down. Eval is done daily.
Overall the vibe is that Chief Mack is on trial. It is completely ridiculous.
( PS. Descalzo asks about event logs. The event logs are publicly available info which many of us have already read, as some channels have accessed them)
Twhomey intervenes
- and waves Donna's medical file and asks Mack . ' Do you know if anybody has asked for these besides me?
Mack ' No sir'
- Twhomey reiterates that the daily charts on Donna have never been requested by Descalzo. He also says that the direct obs evaluation and step- down protocols are basically the same in any jail ( Insinuation that Descalzo ought to know this.)
- Donna has legal avenues if she wishes to challenge speed of step-down, eg a civil suit and also another avenue which I couldn't attach
Next Pimmental, sheriffs attorney:
- Neither me , my office nor my paralegal have ever been contacted by Descalzo
Donna's vibe overall imo- everything in Tally is crap, everything in Miami is better, even the jail. Eyeroll
