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Dr. Arafiles Indicted On Felony Perjury
Dr. Rolando Arafiles, currently awaiting trial on felony charges for his role in the Winkler County Nurse atrocity, has even more to worry about now. Law Med has learned that this past Thursday Arafiles was indicted on by an Andrews County, TX grand jury on aggravated perjury charges for giving false testimony Fecruary 8, 2010 on the witness stand during the trial of Winkler nurse Anne Mitchell. Mitchell was found not guilty by a jury who said they deliberated for 5 minutes before it was clear they all agreed and then chatted about other things because they felt returning in less than an hour would be disrespectful to the lawyers who had worked so hard.
Arafiles answered, “I don’t know, sir,” when asked if he knew how Winker County Sheriff Robert Roberts came to possess contact information for 10 hospital patients who had only been identified by chart numbers in a complaint to the state medical board against the doctor. Arafiles however gave that information to Roberts himself after Roberts got the names of the patients from the Texas Medical Board. Roberts then contacted and questioned each of the patients trying to determine if any of them had made the anonymous complaint.
Not only was this perjury, but it is also a violation of HIPAA which is grounds for discipline by the state medical board up to and including revocation of his medical license. Arafiles is already under probation by the board for multiple issues with his medical care as a result of the complaint the Winkler nurses filed against him. Should he be found guilty of the pending felonies or of this perjury his medical license is in jeopardy. Arafiles is currently practicing at the Cozby-Germany Hospital in Grand Saline, Texas.
In January, Roberts, Arafiles , Winkler Hospital administrator Stan Wiley and county attorney Scott Tidwell were indicted following an investigation by the Texas Attorney General’s Office. A jury found Roberts guilty June 6 of all six counts from the attorney general’s indictment and a judge sentenced him to 100 days in jail. Wiley turned state’s evidence and got 30 days in jail. Arafiles and Tidwell are expected to be tried later this year.
Aggravated perjury is a third degree felony under the Texas penal code:
§ 37.02. PERJURY.
(a) A person commits an offense if, with intent to deceive and with knowledge of the statement’s
meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath
§ 37.03. AGGRAVATED PERJURY.
(a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.
Related Posts
- Texas Attorney General News Release Re: Dr. Arafiles
- Arafiles Giulty In Sweetheart Plea Deal: 2 Months Jail Time
- Winkler Nurse Whistleblower Target Dr. Arafiles Surrenders License
- Winkler Dr. Arafiles To Plead Guilty To Felony Charges Nov. 7
- WINKLER COUNTY OFFICIALS INDICTED AS WE PREDICTED
