Trial of ex-Ancora employee postponed
WINSLOW The trial of a state employee accused of assaulting a patient at Ancora Psychiatric Hospital two years ago was postponed again Wednesday, due to missing video evidence.
If the state does not turn over surveillance video in the case by Oct. 21, “it will get dismissed,” said Winslow Municipal Court Judge Michael Diamond.
On Oct. 31, 2013, Phyllis Davis, a 34-year-old human services assistant, allegedly pushed a patient into a chair while in the multipurpose room of a ward reserved for patients with developmental and intellectual disabilities. The patient was not injured in the incident, according to the state Department of Human Services.
Feds recertify Ancora; no federal funding loss
Davis was charged with simple assault and fired in November 2013 from her job, where she made $38,205 a year. Her trial was postponed numerous times, most recently because the attorneys involved were waiting for Ancora to turn over evidence recorded by its security cameras.
Diamond issued an order two months ago, directing Human Services Police and Disability Rights New Jersey to turn over the video, or he would dismiss the complaint.
When the Courier-Post asked last month why the state hadn’t produced video evidence in the case, Ellen Lovejoy, a spokeswoman for the NJ Department of Human Services, responded via email, "We can't discuss ongoing litigation."
On Wednesday, Joe Young, the executive director of Disability Rights New Jersey, said his agency would comply with any court order it receives, but he was not aware of any such order in the matter.
In patient abuse cases, Young said, "we attempt to ensure that patient's current safety is secured, and we will then request that the hospital forward a copy of their investigation to us," Young said in an e-mail. "Sometimes, a copy of the video will be sent to us, and sometimes DRNJ staff will view the video at the hospital."
Rather than getting involved in specific court cases, the agency looks for patterns, and raises issues with the state Division of Mental Health and Addiction Services, Young explained. In the distant past, he said, it has complained about video that was recorded over after 24 hours, and about patients who weren't interviewed because they were deemed "incompetent."
The alleged incident is among 3,095 assaults documented at Ancora during 2013 and 2014. The vast majority of assaults were committed by patients against other patients or employees.
State: More Ancora workers accused in patient assaults
16 Ancora employees accused of assaulting patients in 2013, 2014
Eighteen Ancora employees have been investigated over the past three years for allegedly assaulting patients, according to the state. Nearly all were disciplined or fired. Criminal charges were pursued against four workers, including Davis.
Family members who appeared in court on the victim’s behalf would not comment Wednesday. The trial has been rescheduled for Oct. 21.
Kim Mulford: (856) 486-2448; kmulford@gannettnj.com