LAKEPORT — A man accused of sexually abusing an elderly female patient at a local convalescent home has pleaded guilty to felony sexual assault.
Joseph Allen Ross of Kelseyville, 23, is accused of sexually abusing a 95-year-old patient at Lakeport”s Evergreen Lakeport Healthcare Center while he was a staffer there.
Lakeport Police Chief Kevin Burke said last week after Ross”s arrest that, that due to the patient”s medical condition, she was not conscious of the acts.
On Friday, Ross pleaded guilty to two felony sexual abuse counts, which carry a maximum prison sentence of eight years and eight months.
“My family is thankful that he admitted to his guilt,” said the victim”s son, whose name is withheld to protect the victim. He reported that Ross was caught in the act. “I hope the judge gives him the time due for his crime.”
Ross elected to waive his right to a speedy sentencing so Judge Richard Martin, who presided over the entry of the guilty pleas, will impose judgment.
“He threw himself on the mercy of the court,” said Deputy District Attorney John R. DeChaine, who is prosecuting the case.
DeChaine said that throughout the investigation, he had been in contact with Ross”s defense attorney, Bruce Laning.
“I emphasized to Mr. Laning the egregious nature of the charges and the overwhelming evidence against his client,” DeChaine said. “By pleading guilty now, he waives his right to a preliminary hearing and a jury trail,” which the court can take into consideration for sentencing.
Ross will return to Martin”s court for sentencing June 30. He remains in Lake County Jail on $100,000 bail.
A report released this week from California Advocates for Nursing Home Reform (CANHR) showed that, in 2005, Evergreen received two citations and fines.
The facility “failed to implement their policies on abuse to ensure the resident was free from sexual abuse,” the report stated. The incidents in question were between residents ? not employees and residents. However, Evergreen was cited for not reporting “alleged or suspected abuse to the Department of Health Services immediately, or within 24 hours.”
“Rapes, beatings, neglect and mockery are certainly not what nursing home residents should experience when they depend on others for care,” said Patricia McGinnis, CANHR”s executive director. “Unfortunately, the incidents that are cited are the tip of the iceberg.”
McGinnis added, “Because the Department [of Health Services] has abandoned its role as a consumer protection agency, more residents are at risk for abuse than ever before in the history of California”s nursing homes.”
Calls to Evergreen Healthcare Management LLC for comment were not returned.
Contact Terre Logsdon at tlogsdon@record-bee.com.
