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…)

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…)

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…)

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…)

Tidwell Trial Update: TX Medical Board Schools Defense [VIDEO]

September 30, 2011 lawmed No comments

Winkler County Attorney Scott Tidwell faces six charges in connection with the Winkler County nurses’ whistleblower scandal, two counts each of felony misuse of official information and retaliation and misdemeanor official oppression. He is the second to face trial in the scandal, after former sheriff Robert Roberts was found guilty in June of all six charges, and sentenced to four years probation and 100 days in county jail. Former hospital administrator Stan Wiley turned state’s evidence in exchange for a misdemeanor conviction and 30 days in jail. Dr. Rolando Arafiles is awaiting trial on similar charges as well as felony perjury for his false testimony in the trial of one of the nurses, Anne Mitchell.

The prosecution rested late Thursday afternoon in the criminal trial of Winkler County Attorney Scott Tidwell after a day of sometimes contentious testimony. The Executive Director of the Texas Medical Board, Mari Robinson, made … (Continued…)

Winkler County Atty Tidwell Criminal Trial Testimony Begins

September 27, 2011 lawmed No comments

Former felony indicted Winkler County Memorial Hospital Administrator-turned state’s evidence in exchange for a misdemeanor conviction, Stan Wiley, was the first to take the stand today in the first day of testimony in the felony criminal trial of Scott Tidwell. Tidwell is the county attorney and is being tried in a Howard county courtroom.

He faces six charges, two 3rd degree felonies each of misuse of official information, oppression and retaliation against two Winkler County nurses Anne Mitchell and Vicki Lynn Galle after they reported Dr. Rolando Arafiles to the state medical board over concerns of his practice of medicine at the hospital. Gayle and Mitchell were employed in the administration of the hospital and their duties included Quality Assurance, Risk Management and Medical Staff Credentialing. In other words, they were responsible for ensuring the treatment of patients by the medical staff met the standard of care.

Prosecutor David … (Continued…)

Winkler County Attorney Scott Tidwell Trial Begins Sept 26 In Howard County [VIDEO]

July 30, 2011 lawmed No comments

The second of three trials of Winkler County ‘good ol’ boys’ is set for September 26th in Howard County, Texas, the location a judge’s choice based on a change of venue necessity since Winkler County was obviously inappropriate. After all Tidwell is still the attorney for the county if that can be believed.

Tidwell is charged with two class 3 felony counts each of retaliation, misuse of official information and 2 misdemeanor official oppression. He is the second of four charged to go to trial, after former sheriff Robert Roberts and before Dr. Rolando Arafiles. The fourth, former Winkler County Memorial Hospital (WCMH) Administrator Stan Wiley turned state’s evidence in exchange for a greatly reduced plea agreement. Robert’s was found guilty on all counts and is currently incarcerated in what was formerly his jail, for 100 days. As a result of his conviction he was stripped of his law enforcement … (Continued…)

Dr. Arafiles Indicted On Felony Perjury

July 06, 2011 lawmed No comments

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 … (Continued…)

Winkler County Attorney Tidwell Criminal Trial Starts Sept. 12

July 01, 2011 lawmed No comments

Winkler County Attorney Scott Tidwell has declined any plea bargain on his 2 third degree felonies for retaliation, 2 third degree felonies for misuse of official information and 2 class A misdemeanors for official oppression. All six charges stem from his involvement in the absurd and inappropriate prosecution of Winkler County Nurses Anne Mitchell and Vickie Galle earlier this year. The two nurses reported Dr. Rolando Arafiles’ shoddy and, well, weird, medical practices at the Winkler County Memorial Hospital to the Texas Medical Board. The doctor cried wee, wee, wee to the county sheriff, his golfing buddy, patient and homeopathic snake oil business partner. For his part, Sheriff Roberts started the investigation of the century in Kermit, Texas and uncovered the anonymous complainers, charged them with felonies and arrested them. Tidwell, not to let an opportunity to ruin his career go by without embracing it in a death grip, sped … (Continued…)

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