-Caveat Lector-
From:
http://www.worldnetdaily.com/bluesky_exnews/19991227_xex_did_clinton_.shtml
MONDAY
DECEMBER 27
1999
ALL THE PRESIDENT'S SCANDALS
Did Clinton fix mom's wrongful-death case?
Deposition by president's mother raises questions about his role
� 1999 WorldNetDaily.com
Did Bill Clinton influence the Arkansas medical examiner in 1981
to ignore available evidence and instead make his autopsy
findings favor Clinton's mother, a nurse-anesthetist embroiled in
two accidental hospital deaths and a wrongful death lawsuit?
A new Arkansas scandal book sheds light on Bill Clinton's mother,
Virginia Kelley, and the role she played in the deaths of two
women at a Hot Springs hospital in 1978 and 1981.
Laura Slayton died in 1978 while Kelley was providing anesthesia.
Susie Deer died in 1981 because of Kelley's alleged incompetence.
"The Boys on the Tracks," written by Arkansas Times columnist
Mara Leveritt, deals with the mysterious murders of two teenage
boys in 1987, but it also focuses on Virginia Kelley's
involvement in two cases of negligent homicide.
Leveritt points the finger at Dr. Fahmy Malak, Arkansas' former
medical examiner who conducted the autopsies on the teenage boys
and also absolved Kelley of responsibility for the death of Susie
Deer. Clinton had hired Malak during his first term as governor
and protected the medical examiner from being removed -- until he
launched his presidential bid.
Incompetence and death Virginia Kelley, now deceased, was a
nurse-anesthetist who worked at Ouachita Memorial Hospital in Hot
Springs, Ark. in the late '70s and early '80s.
In 1981, Kelley was named in a lawsuit over the death of Laura
Lee Slayton, who died in 1978 while undergoing minor surgery at
Ouachita. Kelley was the anesthetist during the surgery. The
surgeon was also sued for failing to properly supervise Kelley.
Eventually, Slayton's family dropped the case against the
surgeon, while Kelley settled out of court and paid the family
$90,000 in damages.
In June 1981, just two months after the Slayton lawsuit was
filed, Kelley became embroiled in a second hospital death. This
time it involved a 17-year-old mother. Susie Deer had been riding
in the back of a car when someone in the car yelled a racial
epithet at Billy Ray Washington, a black man, and his wife who
were walking home. In retaliation, Washington picked up a chunk
of concrete and threw it through the back window of the car,
hitting Deer in the face.
Deer was admitted to the hospital and underwent surgery to repair
broken teeth and injuries to her face. Three hours into the
operation, Virginia Kelley was asked by her surgeon to transfer
an oxygen tube from Deer's nose to her throat. According to
Leveritt, after Kelley inserted the tube into her throat, vomit
began coming up through the tube. The surgeons realized she had
put the tube down into Deer's stomach instead of her lungs.
Kelley tried at least twice to correct her mistake, but couldn't
do it. Dr. James Griffin took over for her. By that time Deer had
gone into cardiac arrest, and died an hour later.
Deer's death had to be investigated, and the findings of the
medical examiner, "were going to be very important to Virginia
Kelley's career," according to Leveritt.
Then-Arkansas Medical Examiner Dr. Fahmy Malak performed the
autopsy on Deer and ruled that she had died of blunt trauma to
the head. Billy Ray Washington was arrested and spent two and a
half months in jail. Griffin told the Los Angeles Times in 1992
that Malak should have considered that Deer's death was caused by
inadequate care, not the blow to the head. In fact, according to
Leveritt, all three doctors who were in the operating room that
day believed that Kelley had caused Deer's death because of her
negligence.
Malak's bizarre ruling favored Virginia Kelley, who was already
facing another lawsuit for negligence in the death of Laura
Slayton, says Leveritt.
In spite of Malak's ruling, however, the medical community in Hot
Springs was through with Kelley, banning her from practicing at
the local hospitals. Leveritt says in her book that the
physicians in town had long been wary of Kelley's lack of skill
as an anesthetist. They were also concerned about her
unprofessional behavior in the operating room.
"When interviewing members of the medical profession for the
book, one of the things I heard several times was that she was
known to come into the operating room carrying a racing form,
which she read during surgery. She had a kind of cavalier
attitude about a number of practices. Sometimes [during an
operation] she'd wipe blood off of her shoes and wore jangly
jewelry and bracelets," says Leveritt. "She didn't seem to think
reading a racing form was a very serious breach of operating room
conduct."
After being banned from area hospitals, Kelley fought back by
filing a lawsuit against the hospitals and physicians. She wanted
her nursing privileges back. However, a year after the lawsuit,
she dropped the case and never practiced again.
What did Clinton know and when did he know it? During a
deposition taken during Kelley's lawsuit against the hospital,
attorneys asked her several pointed questions about Susie Deer
and whether Bill Clinton had given her legal advice on the case.
In one part of the deposition, Kelley was asked:
Q. Explain to me how you can keep your eye on the chart as well
as what is going on in the operating room while you are reading a
racing form.
A. Very easily. Very easily ...
Q. Explain to me how you could monitor the appearance of the
patient while you were reading the racing form ...
A. Well, you can walk and chew gum, right? I could do two things
at one time. ...
She was also asked about Deer's death and Clinton's involvement
in her case:
Q. Did you ever have any contact with the medical examiner prior
to the autopsy report being filed in the Deer case, any
communication with him?
A. No.
Q. Do you know or have you heard whether Bill Clinton ever had
any contact with the medical examiner?
A. I have no recollection of it.
Q. Do you deny that that occurred?
A. I deny recalling it ...
Q. Did you ever have any conversations with Bill Clinton about
that?
A. Yes, I did.
Q. All right. What was said in that conversation?
At this point, Kelley's lawyers objected and told her not to
answer, based on attorney-client privilege. The questioning then
resumed:
Q. Have you ever consulted Bill Clinton as an attorney regarding
the subject matter of the autopsy report in the Deer case?
A. Yes, I have.
Q. Did you do that before or after the autopsy report was filed?
A. I don't recall.
The Los Angeles Times, May 19, 1992, published a story about
Malak, Deer and Kelley. The Times asked presidential candidate
Clinton if he had helped his mother avoid legal liability in the
death of Deer. In a written statement to the Times, Clinton
responded:
"There has never been any connection between my mother's
professional experiences and actions I have taken or not taken as
governor of Arkansas, and I resent any implications otherwise.
... In fact, it was several years after the incident that I
became aware, through the media, that the ruling made by Dr.
Malak in this case was controversial."
This was a misleading statement, according to Leveritt. During
the time period when Deer died on the operating table, Clinton
was out of office. He was not governor of the state at the time.
"This was a side step, I think," says Leveritt of Clinton's
answer. The second statement is also misleading, she said, if we
are to believe his mother's sworn testimony. Kelly claimed she
received her son's legal advice -- either before or after Malak's
autopsy ruling. So, concludes Leveritt, either Clinton was lying
in 1992 or his mother was lying during her testimony. If Kelley
is to be believed, "Clinton was much more closely involved in her
legal concerns with this case than he ever let on."
Fahmy Malak's record Leveritt says Malak was a "peculiarity"
within the Clinton administration and seemed to be protected long
after his medical incompetence had become well known in Arkansas.
Even long-time supporters of Clinton began questioning why he was
so protective of Malak.
Indeed, the Los Angeles Times reported that Malak had been
embroiled in more than 20 cases in which his medical competence
was questioned. It was Malak who conducted the autopsies on Kevin
Ives and Don Henry, two boys who were run over by a train on
August 23, 1987 near Alexander, Arkansas. Malak concluded that
the boys had been smoking marijuana and had fallen asleep on the
train tracks. According to Leveritt, Malak's ruling strained
credulity and brought him to the attention of the Arkansas media
from that point on. His ruling was a "bizarre reaction to these
deaths," according to Leveritt, "and from that point on,
everything about the case became more absurd."
Pressured by Kevin's mother, Linda Ives, a court eventually ruled
that the bodies should be exhumed and a second autopsy done. The
second autopsy found that Henry had been stabbed in the neck and
Ives had been beaten in the head with a rifle butt. They had been
murdered -- and then placed on the tracks so their bodies would
be mutilated to cover up the crime. Linda Ives maintains that the
boys were murdered because they had witnessed a drug smuggling
operation near the tracks.
In another strange case, Malak ruled that Raymond P. Allbright
had committed suicide in his front yard. Allbright had been shot
five times in the chest.
According to the Los Angeles Times, Clinton refused to fire Malak
in spite of more than four years of controversy over his medical
decisions. Just three weeks before announcing his candidacy for
president, Clinton quietly moved Malak out of his position and
gave him a job as a $70,000-a-year consultant on sexually
transmitted diseases for Dr. Joycelyn Elders, then head of the
Arkansas Health Department.
The Times quoted Max Brantley, editor of the weekly Arkansas
Times, as saying, "We may never know why Malak enjoyed such
strong support. Critics wi ll note, accurately, that Malak has
made an autopsy finding helpful to Clinton's mother."
Malak's ruling, noted the Times, "helped Clinton's mother avoid
legal scrutiny in one patient's death -- while she was defending
herself in a medical malpractice lawsuit stemming from the death
of another patient."
Reporters have found it impossible to access Arkansas records to
discover if there was a close relationship between Malak and
then-governor Clinton. According to Leveritt, Arkansas is one of
five states that allow a governor to keep his official papers out
of the public domain. In "The Boys on the Tracks," Leveritt notes
that when Clinton launched his presidential campaign in 1991, he
removed four thousand boxes of records from the governor's office
and stored them at an undisclosed location. This refusal to allow
the public to view his papers has raised suspicions on the part
of critics that he may be hiding something.
Leveritt says there's no way of knowing for sure if Clinton
convinced Malik to rule in favor of his mother, nor is there any
way of knowing what Kelley may have confided in her son when he
was serving as her legal counsel during the case. However,
circumstantial evidence seems to point to such a connection.
Although there's no "direct line" between Malak, Clinton and
Virginia Kelley, "When you're looking for an explanation ... that
makes sense," says Leveritt, "we'd be kind of crazy not to
consider it."
Fahmy Malak is still employed by the Arkansas Department of
Health.
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