[StBernard] Nursing home owners face jury trial in 35 deaths

[Westley Annis]

Nursing home owners face jury trial in 35 deaths
12/21/2006, 9:49 p.m. CT
The Associated Press    

CHALMETTE, La. (AP) - Jurors will decide the fate of a St. Bernard Parish
couple accused of negligent homicide in the deaths of 35 patients in their
care after Hurricane Katrina.

Salvador and Mabel Mangano, the husband and wife who own St. Rita's nursing
home, told state District Judge Jerome Winsberg on Thursday that they want a
jury trial, which will begin April 16 in St. Francisville - about 120 miles
northwest of the St. Bernard Parish facility.

The Manganos had the option of a jury hearing the case or letting the judge
decide. Had they picked the latter, the bench trial would have been held in
Chalmette - the St. Bernard Parish seat.

Winsberg granted the defense request to move the trial because of pretrial
publicity that the Manganos' attorneys contend could prejudice prospective
jurors. Only six jurors are required to decide the case, but their decision
must be unanimous.

The Manganos face 35 counts of negligent homicide and 64 counts of cruelty
to the infirm. Each count of negligent homicide carries a sentence of up to
five years in prison and a $5,000 fine. Each count of cruelty to the infirm
carries up to 10 years in prison and a $10,000 fine.

The state attorney general's office is prosecuting the case. Attorney
General Charles Foti has said the Manganos should have taken steps to
evacuate St. Rita's patients before flood waters rose due to the Aug. 29,
2005, storm.

Defense lawyers have said St. Rita's had never flooded before Katrina 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.

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Information from: WDSU-TV, http://theneworleanschannel.com