Former St. E caregivers plead not guilty to abuse; Covington’s ex finance director Due back in court


By Mark Hansel
NKyTribune managing editor

The four former St. Elizabeth Healthcare workers charged with one count of knowingly abusing or neglecting an adult pleaded not guilty in a Kenton Circuit Courtroom Monday.

The former St. Elizabeth Healthcare caregivers appeared in Kenton Circuit Court with their attorneys Monday and pleaded not guilty to one county of knowingly abusing or neglecting an adult (photo by Mark Hansel).

Ellyssa Klein, 26, of Fort Myers, Florida, Sandra Nobbe, 28, of Florence, and Ashley Flower, 30, of Cincinnati are charged with improperly restraining a patient, which included placing a therapy bag on him to restrict movement.

The fourth defendant, Gary Ray, 71, of Cincinnati, is accused of observing the alleged abuse and neglect and failing to stop the actions.

The Charge is a Class C felony, which can carry a sentence of five to 10 years in prison upon conviction in Kentucky.

A Kenton County grand jury indicted the four individuals on Sept. 20.

Kentucky Attorney General Andy Beshear and the Office of Medical Fraud announced the charges on Sept. 24.

The Kenton County Commonwealth’s Attorney’s office turned the case over to the Office of the Attorney General (AOG) for investigation. The alleged incident is stated to have occurred July 1-2, 2015 at the St. Elizabeth Edgewood Campus.

Assistant Attorney General Lauren Coltrane is acting as special prosecutor for the Commonwealth. Coltrane declined comment and referred questions regarding the case to the OAG’s office of public information.

Documents regarding the case were not yet available following Monday’s arraignment.

St. Elizabeth Healthcare issued a statement following the announcement of the indictment indicating it has cooperated fully with law enforcement regarding the investigation.

“When the matter first came to light in the summer of 2015, St. Elizabeth immediately removed the four individuals from patient care functions, pending the outcome of the investigation. Since that time, all four of the individuals have left the employ of St. Elizabeth. St. Elizabeth demands the highest standards from its patient caregivers, and fully respects the rights and dignity of its patients.”

All of the defendants in the case were represented by counsel at Monday’s arraignment, but attorneys declined to comment following the proceeding.

The attorneys are expected to exchange discovery information before the next hearing date.

Kenton Circuit Court Judge Gregory Bartlett set that date for Nov. 19, at 1:30 p.m.

Robert Due back in court

Former Covington finance director Robert Due was also in Judge Bartlett’s courtroom Monday.

Due (file photo)

Due pleaded guilty in 2014 to stealing $793,000 from the City of Covington between 2001 and 2013. His scheme was uncovered when copies of fraudulent checks were discovered and reported to City officials.

Due was ordered to pay restitution and was sentenced to 10 years in prison for his crimes. He was released in March after serving less than four years.

Due was not placed on probation, but on mandatory release supervision, which is expected to end later this month.

Kenton County Commonwealth’s Attorney Rob Sanders asked that Due’s supervision be extended to ensure that he continues to pay the City of Covington back.

Due’s Attorney, Jeff Lawson, argued that Due signed his pension over to the City of Covington, which will continue to receive those payments for the next 15 years. At that time Due will have paid the City back about $350,000.

Bartlett ruled that Due’s supervision would not be extended, but if he were to ever stop making payments to the City of Covington,  he would be in contempt of court and the Commonwealth’s Attorney could file charges against him.

Contact Mark Hansel at mark.hansel@nkytrib.com


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