[StBernard] Change of trial location granted in Katrina nursing home deaths

[Westley Annis]

Change of trial location granted in Katrina nursing home deaths
12/7/2006, 3:30 p.m. CT
By MARY FOSTER 
The Associated Press    

CHALMETTE, La. (AP) - The trial of two nursing home owners charged with
negligent homicide in the deaths of 35 patients after Hurricane Katrina will
probably be held outside St. Bernard Parish.

A state District Court judge Thursday granted a defense motion to move the
trial of Mabel and Salvador Mangano, the husband and wife who own St. Rita's
Nursing Home. The judge said the trial most likely will be held in
Lafayette, Baton Rouge or farther north in the state.

Judge Jerome Winsberg left open the possibility that the trial could be held
in St. Bernard if defense lawyers decide to have a bench trial instead of a
trial by jury. A decision on where to move the trial - if it is moved -
would be made Friday morning, Winsberg said. He also said he would give the
defendants two weeks to decide if they want a jury trial.

Defense lawyers had asked for a change in trial location due to pretrial
news reports that they contend could prejudice prospective jurors.

State prosecutors, defense lawyers and the judge agreed that assembling a
jury would be difficult in St. Bernard, a suburban New Orleans parish where
Katrina's flooding devastated homes and businesses and drove out most of the
population. Only six jurors are required but their verdict must be
unanimous.

"This was anticipated from day one because of the extraordinary conditions
in this parish," Winsberg said.

The Manganos face 35 counts of negligent homicide and 64 counts of cruelty
to the infirm.

Winsberg told lawyers he would like to begin the trial in April 2007.

The defense dropped a motion to disqualify Louisiana Attorney General
Charles Foti from prosecuting the case. The attorney general's office is
named in civil suits involving St. Rita's and the defense had contended this
created a conflict of interest.

Winsberg also broadened an existing gag order to extend to potential
witnesses as well as every legal organization associated with the case.

Foti has said the Manganos should have taken steps to evacuate St. Rita's
patients before flood waters rose. Defense lawyers say St. Rita's had never
flooded before the storm hit on Aug. 29, 2005, and that the Manganos'
hurricane plan - keeping frail residents in place with food, water and
generators rather than risking their lives by moving them - was responsible.
No one, they contend, would have died had levees held.

The Manganos sued the government this summer, saying federal, state and
local officials failed to keep residents safe and evacuate vulnerable
citizens as the storm approached.

More than 30 lawsuits have been filed against the couple by patients injured
at the nursing home and the families of people who died there.