[StBernard] Attorney for nursing home owners seeks removal of attorney general from case

[Westley Annis]

Attorney for nursing home owners seeks removal of attorney general from case
9/15/2006, 3:19 p.m. CT
The Associated Press    

CHALMETTE, La. (AP) - The nursing home owners arrested after 35 patients
died at their facility during Hurricane Katrina have filed a motion seeking
the removal of the state Attorney General's Office from the case.

Salvador and Mabel Mangano, the owners of St. Rita's nursing home, filed a
motion Thursday asking that Attorney General Charles Foti and his office be
removed from the case, in part because the Manganos have sued Foti, his
office and other state officials for failing to evacuate nursing home
residents.

The Manganos say there's a conflict of interest because of the civil
lawsuit, and they argue Foti has already unfairly tried the couple in the
media. The St. Bernard Parish district attorney's office has recused itself
in the case.

The couple was arrested late last year on negligent homicide charges but has
not been formally charged. A grand jury, the first since St. Bernard Parish
was badly flooded a year ago, is expected to be convened Wednesday.

A hearing on the motion to remove Foti's office from the case has been set
for Tuesday. Meanwhile, retired Judge Jerome Winsberg asked attorneys not to
comment on it in the media, said Mangano attorney James Cobb. Cobb had
planned to hold a news conference Friday.

Kris Wartelle, a Foti spokeswoman, said she could not comment on the motion
or the case because of the judge's request, though no formal gag order was
issued.

The deaths at St. Rita's, which occurred after the facility was swamped with
water, was one of the storm's most noted tragedies. The couple has argued
St. Rita's never previously flooded and patients weren't moved because they
were concerned about the risk of moving elderly, frail patients.