Attorney General Decides Not to Seek Retrial After Hung Jury in Felony Elder Abuse Case

Felony elder abuse charges in 2012 led to two nursing home workers going to trial after a resident died within 13 days of moving into the facility. However, a jury in California failed to reach a verdict, and the Attorney General’s office has decided not to seek a retrial.

The case involved Johnnie Esco, who was 77 at the time of her death. In 2008, Mrs. Esco moved into the El Dorado Care Center in Placerville, CA, following a stay in the hospital to treat pneumonia. She should have received care to help her get back on her feet, but instead, just 13 days after arriving in the facility, she died from a fecal impaction, which can only be caused by serious neglect from the staff.

Four years after Mrs. Esco’s death, two of the workers at the nursing home – Rebecca Smith, a licensed vocational nurse, and Donna Darlene Palmer, a registered nurse – were charged with felony elder abuse. Smith reached a plea deal, but the trial against Palmer went forward. She pleaded not guilty to the charges.

Esco’s family, including her widowed husband Don, fought to move the criminal case forward after Esco’s death. Don Esco also filed a civil suit against the nursing home, which he won in 2010, and received $2.9 million for his wife’s wrongful death due to felony elder abuse. The criminal case was brought forward with the help of California Attorney General Kamala D. Harris’s office, who announced the suit as the first step in a larger plan to prosecute more felony elder abuse cases sooner.

However, the jury was unable to decide Palmer’s guilt or innocence. Palmer and Smith were charged with felony elder abuse for failing to perform their duties as nurses, which led to the gruesome death of a resident at the facility. During the trial, Palmer’s coworker Smith admitted that she was intimidated by Palmer, who was strict with her regiment of nurses and demanded that they do well or face corrective action. Smith added that Palmer was fair, and “not mean” to staff.

“She (Palmer) was a demanding, exacting supervisor who demanded that patients be cared for properly and treated well by the nurses,” Smith said in an interview with the Sacramento Bee.

However, Carole Herman, president of Foundation for Aiding the Elderly, is disappointed with the outcome of the trial, and the Attorney General’s decision not to push for a retrial.

“I’m extremely disappointed in the attorney general for not taking this further,” said Herman. “This was definitely an elder abuse case. … If these people are never held accountable, then this will continue forever.”

The Attorneys at the Strom Law Firm Prosecute Felony Elder Abuse

If your loved one has physically suffered, or died wrongfully, because an in-home caregiver or registered nurse in a nursing home has neglected the patient, you may have a felony elder abuse case. The attorneys at the Strom Law Firm understand the sensitive nature of elder abuse cases, and will treat you with respect and compassion. It is important to fight felony elder abuse so you, your family, and others no longer suffer because of criminal behavior. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help.803.252.4800