Law Med Blog

Full Circle: Winkler County Atty Tidwell Has License Suspended

February 04, 2012 lawmed No comments

Things have been coming full circle in the extraordinary case of the Winkler County Texas Nurse Whistleblower Case over the past year and that circle may just have closed. The last bit of justice seems to have been served with the suspension of former Winkler County Attorney Scott Tidwell’s license to practice law in the state of Texas.

It all began in 2009 when Anne Mitchell and Vicki Galle, two nurses working at Winkler County Memorial Hospital who were responsible for Quality Assurance, Risk Management and Medical Staff privileges advised hospital administrator Stan Wiley that one of their physicians, Dr. Rolando Arafiles, had violated the standard of care, hospital policies and made some serious medical errors. Wiley refused to take any action and told the two they were prohibited from reporting Arafiles to any outside agency without his approval, in violation of state law.

Concerned over the safety of their … (Continued…)

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Winkler Atty Tidwell Not Indigent Judge Rules

January 07, 2012 lawmed No comments

No one can say just how many lessons former Winkler County Attorney Scott Tidwell will need before he begins to consider the obvious facts that he is not the smartest person in the room, or in possession of any sort of brilliant legal mind, but he got another one on Friday.

Tidwell was convicted in October on two counts each of felony retaliation, felony misuse of official information and misdemeanor official oppression for his role in bringing about the Winkler County Memorial Hospital whistle-blowing nurses trial. He was sentenced to four months in jail, 10 years probation and a $6,000 fine. Despite the overwhelming evidence presented against him, and his decision to present no defense whatsoever or call any witnesses, Tidwell has filed an appeal.

Part of the required appellate process requires the appellant to request the clerk of the trial court to prepare a copy of the case … (Continued…)

Winkler’s Tidwell Files Claim Of Indigence For Appeal Fees

December 23, 2011 lawmed No comments

Convicted felon and former Winkler County attorney Scott Tidwell says his household monthly income of $4,500 equates to being indigent and unable to foot the bill for his legal costs in appealing October’s convictions. For his role in the now infamous Winkler County Nurse Whistleblower retaliation case a jury found him guilty of 4 felonies and 2 misdemeanors. He was sentenced to four months in jail, 10 years probation and a $6,000 fine. Tidwell, former Sheriff Robert Roberts, and Dr. Rolando Arafiles were all convicted of felonies and sent to jail. Former hospital administrator Stan Wiley turned state’s evidence and sang like a bird in exchange for a reduction in his charges to misdemeanors and a shortened jail term.

Roberts and Tidwell were removed public offices, and Arafiles and Roberts both lost their licenses. The State Bar of Texas has refused to comment on whether they will rescind Tidwell’s license. … (Continued…)

Texas Attorney General News Release Re: Dr. Arafiles

November 09, 2011 lawmed No comments

lens17813902_1304018572texas-attorney-general

The following is a news release from the Office of the Attorney General of Texas:

11/07/2011 Former Winkler County Memorial Hospital Physician Sentenced for Scheme to Fire Nurses In 2009

Rolando Arafiles Jr. to serve jail time, surrender medical license

KERMIT – A former Winkler County Memorial Hospital physician today pleaded guilty to misusing his position and coordinating with local officials to retaliate against two nurses who filed an anonymous complaint against him with the Texas Medical Board.

Rolando Arafiles Jr., 59, pleaded guilty to two third-degree felonies – misuse of official information and retaliation. Visiting Judge Robert H. Moore III sentenced Arafiles to five years deferred adjudication probation, 60 days in the Andrews County Jail and a $5,000 fine. Arafiles also must surrender his license to practice medicine.

With today’s guilty plea, Arafiles admits to urging former Winkler County Sheriff Robert Roberts and County Attorney Scott Tidwell to … (Continued…)

Arafiles Giulty In Sweetheart Plea Deal: 2 Months Jail Time

November 07, 2011 lawmed No comments

Former Winkler County Memorial Hospital physician Rolando Arafiles has plead guilty in a Texas courtroom in exchange for a sweetheart of a deal with the prosecution. As we predicted, Arafiles will be doing jail time. Here are the stipulations and sentence:

2 months in jail

Surrender of his medical license (which he did Friday)

5 years probation

$5,000 fine

If Arafiles complies with all the terms of his probation the conviction will be expunged from his record, an important consideration if he plans on getting his medical license back. This deferred adjudication agreement makes the whole plea deal worth it for Arafiles. Had he gone to trial and been convicted by a jury, the chances of his having this option were far from certain.

Arafiles guilty plea brings to a close the saga of the Winkler County Nurses. Arafiles was charged with two counts of felony misuse of official … (Continued…)

Winkler Nurse Whistleblower Target Dr. Arafiles Surrenders License

November 06, 2011 lawmed 1 Comment

Kermit, TX -With a hearing scheduled for Monday in a local criminal courtroom where Dr. Rolando Arafiles is expected to enter a guilty plea in an agreement with prosecutors, it appears he has complied with what is likely one of the stipulations of his deal. On Friday, Arafiles signed an agreement with the Texas Medical Board to surrender his license to practice medicine according to the Associated Press. No pending investigation by the Board or other events that we are aware of brought this about.

Arafiles has been charged with two counts of felony misuse of official information and retaliation against two former Winkler County Memorial Hospital nurses who anonymously reported him to the state medical board for shoddy patient care. When Arafiles learned of the complaint he enlisted the help of then county sheriff Robert Roberts, who was his friend, patient and sometimes business partner. Roberts left no stone … (Continued…)

Winkler Dr. Arafiles To Plead Guilty To Felony Charges Nov. 7

October 28, 2011 lawmed No comments

Texas State Attorney David Glickler is saying that Dr. Rolando Arafiles, the physician at the center of the Winkler County Nurse whistleblower retaliation case, is scheduled to enter a guilty plea in court on November 7 at 2 pm.

Arafiles is charged, like former County Attorney Scott Tidwell, former Winkler County Memorial Hospital administrator Stan Wiley and former Sheriff Robert Roberts, with two counts each of felony misuse of official information, retaliation and misdemeanor official oppression.

Both Tidwell and Roberts were found guilty in jury trials. Roberts was sentenced to 100 days in jail, four years probation and his license was stripped. Tidwell was sentenced to 120 days in jail, 10 years probation and was removed from his post. Wiley turned state’s evidence and entered into a plea deal where he plead guilty to a misdemeanor and spent 30 days in the slammer.

Details of Arafiles plea agreement are unknown … (Continued…)

SHOCKING: Convicted Attorney Tidwell Appointed To Represent County

October 18, 2011 lawmed No comments

It is as if Winkler County Texas exists in an alternate universe. In that bizarre world, sense and reason are replaced by lunacy and a strange force that inhibits critical thinking.

It has been confirmed that Winkler Justice of the Peace Delynn Trammel has appointed Scott Tidwell to represent the county in a hearing today regarding the custody of neglected horses. Yes, that’s right, former Winkler County attorney Scott Tidwell, recently convicted of multiple felonies and sentenced to 120 days in jail, removed from his position as county attorney due to that conviction, and the target of a review of his license to practice law by the State Bar Association, is singled out by a justice of the peace as her choice to represent the county in court. Apparently Tidwell has not yet begun serving his jail sentence.

What can one even say in the face of such abject … (Continued…)

Dr. Arafiles Represents Himself In Court: His Client Is A Fool

October 14, 2011 lawmed 1 Comment

A bizarre preliminary hearing was held Thursday in the criminal case against Rolando Arafiles. The doctor is charged with 2 counts of misuse of information and 2 counts of retaliation, all felonies in the 3rd degree and punishable by up to 10 years behind bars. What should have been a routine hearing in a Winkler County courtroom resulting in the setting of a trial date, turned into a surprising event when Arafiles showed up representing himself.

Apparently the judge spent a good hour trying to convince the nervous doctor that should he represent himself his client will be a fool. Arafiles left the courtroom a number of times, asking for breaks, but in the end signed a waiver stating he understood that he was allowed to hire an attorney but declined to do so despite being advised to.

Next came a behind closed doors meeting, which Arafiles requested, with prosecutor … (Continued…)

Scott Tidwell Sentenced To 120 Days In Jail: Hookers Testify

October 04, 2011 lawmed 1 Comment

Winkler County Attorney Scott Tidwell has been sentenced to 120 days in jail after his conviction on 4 felonies and two misdemeanors by a Howard County Texas jury.

It was all about prostitution during the sentencing phase. We turn to Shelley Childers at CBS 7 for an in depth blow by blow:

Shelley Childers
schilders@cbs7.com
CBS 7 News
October 4, 2011

Update 9:27 a.m.
After calling both nurses to the stand yesterday to testify in the sentencing portion of the trial, prosecution called Rick Pippins to the stand first today.

Pippins was the lieutenant in charge of the Healing Touch investigation that found “a prostitution enterprise” being fronted by a massage business from 2003-2004 in a strip mall in the 3600 block of N. Dixie.

Pippins testified that Scott Tidwell was charged in the Healing Touch scandal for three misdemeanors, but after entering a plea bargain Tidwell was found guilty

… (Continued…)

Tidwell’s Prostitute Enjoyment Subject Of Testimony In Sentencing Phase

October 04, 2011 lawmed No comments

Following yesterdays conviction of Winkler County Attorney Scott Tidwell on 4 felonies and 2 misdemeanors by a Howard County Texas jury for his role in retaliation against two county hospital nurses for reporting his physician friend to the Texas Medical Board, the sentencing phase began immediately.

Prosecutor David Glickler called the two former Winkler County memorial Hospital nurses, Anne Mitchell and Vicki Galle, to the stand yesterday afternoon as the first witnesses in the sentencing phase. Before the trial began, Tidwell opted to have judge Robert Moore decide his sentence should he be convicted instead of a jury. The jury was released from duty yesterday after rendering the verdict.

This morning the prosecution called Rick Pippins to the stand. Pippins was the Odessa Texas Police Department lieutenant in charge of a 2003 prostitution ring investigation which centered around the Healing Touch massage parlor located in an Odessa stip mall. Scott … (Continued…)

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