Nursing Home Owners Charged in Louisiana

[catman]

NEW ORLEANS - Homicide charges were filed against the husband-and-wife owners of a nursing home where 34 elderly patients are believed to have died during Hurricane Katrina, the first major criminal case related to the storm's still rising death toll.

For Louisiana alone, the toll surged by more than half Tuesday to 423, and officials fear the numbers could climb as floodwaters recede and more of the city becomes accessible to search teams. Including deaths in four other states, Katrina's overall death count stood at 659.

"It's the water. Everything is driven by the water," said Lt. Col. Mike Thompson of the Oklahoma National Guard.

Authorities said the toll would be lower if Salvador and Mable Mangano, owners of the St. Rita's nursing home in town of Chalmette, had heeded warnings to evacuate their patients as Katrina came ashore Aug. 29.

"The pathetic thing in this case was that they were asked if they wanted to move them and they did not," said Louisiana Attorney General Charles Foti. "They were warned repeatedly that this storm was coming. In effect, their inaction resulted in the deaths of these people."

The Manganos were released on $50,000 bond each; each of the 34 counts against them carries up to five years in prison. Their attorney, Jim Cobb, said his clients were innocent and had waited for a mandatory evacuation order from the officials of St. Bernard Parish that never came.

Cobb said the Manganos were forced to make a difficult decision as Katrina approached: risk the health of the patients ? many of them frail and on feeding tubes ? in an evacuation, or keep them comfortable at the home through the storm.

Tom Rodrigue, whose mother died in the home, was not satisfied. "She deserved the chance, you know, to be rescued instead of having to drown like a rat," he said.

The attorney general is also investigating the discovery of more than 40 corpses at flooded-out Memorial Medical Center in New Orleans. A hospital official said the 106-degree heat inside the hospital as the patients waited for days to be evacuated likely contributed to their deaths.

A day after President Bush took responsibility for the fitful federal response to the devastation, New Orleans Mayor Ray Nagin was asked if he took responsibility for the city's response.

"I'm going to be a man about this. Whatever I did, whatever I could have done better, I'm going to stand up and history will judge me accordingly," he told ABC's "Good Morning America" in an interview broadcast Wednesday.

"But let's make sure that as we analyze what Ray Nagin as mayor did, let's look at what everybody in authority (did) so that this never happens again in this country."

The updated Louisiana death toll was released as Gov. Kathleen Blanco lashed out at the federal government, accusing it of moving too slowly in recovering the bodies. The dead "deserve more respect than they have received," she said.

However, Federal Emergency Management Agency spokesman David Passey said the state asked to take over body recovery last week. "The collection of bodies is not normally a FEMA responsibility," he said.

Not all the news was grim. The New Orleans airport reopened to commercial flights, the port resumed operations far earlier than expected, and Nagin said dry sections of the city ? including the French Quarter and central business district ? could be reopened as early as Monday, provided the Environmental Protection Agency determines the air is safe to breathe.

"We're bringing New Orleans back," Nagin said. "We're bringing this culture back. We're bringing this music back. I'm tired of hearing these helicopters. I want to hear some jazz."

Nagin said the city doesn't have the cash to keep paying its employees and was working "feverishly" with banks and federal officials to secure a line of credit to get the city through the end of the year.

Local authorities have been issuing more passes allowing residents to return to the city for the day to check on their businesses, save vital records and retrieve data from computers ? although some people arriving by a highway south of the city had to endure a four-hour wait at a checkpoint.

Nagin hoped other evacuees scattered across the country also would return, despite speculation that some would prefer to settle in their new towns rather than face the chore of rebuilding in New Orleans.

"I know New Orleanians. Once the beignets start cooking up again and the gumbo is in the pots and red beans and rice are served on Monday ? in New Orleans, and not where they are ? they're gonna be back," Nagin said.

The Army Corps of Engineers reported significant progress pumping out flooded areas of New Orleans and neighboring parishes. They are pumping as much as 9 billion gallons a day.

Col. Duane Gapinski estimated that half of the flooded area or less was still under water, and the city was on target to be almost completely drained by Oct. 8. More than 40 pumping stations were operating, including the city's biggest pump.

"That will change the world as we know it," Nagin said.

The news was more gloomy to the east in St. Bernard Parish, where more than 90 percent of an 17-foot-high levee is damaged and nobody will be allowed to return for four months.

"I think about 95 percent of the parish was under water. I would say it's pretty well destroyed," said Col. Richard Baumy of the St. Bernard Parish Sheriff's Office. "You've got to see it to believe it."

Dan Packer, chief executive of Entergy New Orleans, said the company had restored power to 75 percent of the 1.1 million customers who were out at the height of the storm, mostly in Mississippi and areas of Louisiana north and west of New Orleans.

Packer said about 264,000 customers were without power Tuesday afternoon, largely in the metro New Orleans area. He said all of the central business district and French Quarter should have power back within two weeks.

Two hospitals in parts of town that remained dry could reopen soon, another requirement for residents to be allowed back permanently.

___

Associated Press writers Adam Nossiter, Brett Martel, Cain Burdeau, Mary Foster and Lisa Meyer contributed to this report.

[Boats]

This should never have happen to these people they should have been given priority and expedited out first. This is negligence and it should go from the top down.

[SuperScout]

If Nagin is wondering is the citizens will be coming back to NO, somebody might want to ask him if he's planning on doing the same. Reports are that he's bought a home in Dallas, a rather lengthy commute to the Big Easy.

Back to the original story - I find it difficult to defend anyone who failed to make adequate evacuation plans, either individually or for their wards, in this case. Last nite, the director of the nursing home association in Louisiana tried to defend the owners, but his defense was lame to say the very least. Hopefully the DA in that parish will not back down and prosecute to the fullest extent of the law.

[MarineAO]

Well this one is not going to the local DA it was the State DA that filed the charges and it will be the State DA that will prosecute it. That said HANG the SOB's.

On this note I was down in Jefferson Parish (neighbor to Orleans Parish west side) with my Brothers and Sisters to put my mother in a Hospice. The Friday before the storm we found one (real nice) and put her in there. Saturday we were told that we needed to get her back into the hospital due to the storm. The Folks at the Hospice worked so hard with us and other families to get the folks out to better shelters I know that they probably put them selves in harms way to insure the safety of there charges, These people KNEW that they had to get the Folks out and into better facilities and stayed till it was done PERIOD. We did get a call from the Manager of the facility saying that they did take some minor damage and they did flood for a short time and when all is repaired and full functional Mom is welcomed back. I feel if see needs to go back we will utilize this facility again. So I see no excuse for the behavior of these people or their employees who I my opinion should be charged as well.

[Boats]

AO - I'm sure there are many hero's as well as those who ran out and saved themselves only. Only special people do the unbelievable - even in war times. Not everyone can do what's right when under pressure.

I don't condone those who neglected their charges and someone has to be held accountable and for the loss of life to those who could not save themselves.

[melody1181]

I heard that these people were offered 2 buses to get these folks out. They said that it would be "hard" on there health to make the trip so they REFUSED the help..............

They sure got there asses out of there in time......

[Jerry D]

what Melody said "ditto" also their evac plan had a contract with a local Ambulance Co. I guess Salvador and Mable Mangano didn't want to pay the Ambulances to fulfill their State mandated evac plan required by Louisiana. Salvador and Mable Mangano responsible for the multiple deaths of the elderly and infirmed should get prosecuted to the full extent of the law for their inaction !