COLONIAL HEIGHTS, Va. — Lawyers for Colonial Heights Rehabilitation and Nursing Center, where more than a dozen employees have been charged in an elder abuse investigation, are weighing in on the criminal case in a new court filing.
CBS 6 legal expert Todd Stone called the filing unique, considering the facility itself is not actually facing any charges at this point.
It was about two months ago that Colonial Heights Police swarmed the nursing home, arresting at least 18 workers on charges ranging from falsifying patient records to neglect.
The case centers around a patient who prosecutors claimed received inadequate care and later died. Investigators alleged the resident was left to lay in her own urine and feces, was not turned in her bed or changed, and developed wounds.
Now, court filings reveal the nursing home has retained its own lawyers from the law firm McGuire Woods, and they're taking issue with how police handled its search warrants.
In a new petition filed Thursday by Mike Herring on behalf of Colonial Heights Rehabilitation and Nursing Center, Herring asked the court to force police to list out all the property they seized to fulfill an inventory requirement.
Herring said police executed two search warrants for medical records and doctors' notes related to the alleged victim as well as personnel training records spanning several years.
But on documentation that requires police to disclose which items they took, Herring claimed police only wrote "requested documents."
Herring argued the police's vagueness and lack of details violated the law.
“If you look at their actual arguments, on their face, it looks like they have merit. What they're saying is just comply with the Virginia Code. You have to file an inventory, and [police] didn't do that," Stone said.
But Stone said a big question is: What grounds does the nursing home have to compel the court to do anything when it's not actually a defendant?
“A judge might look at it and say, 'Well, you're right. They should have reported these things.' But who are you as a third party to come in and tell us what to do in this criminal case?” Stone said.
In making its case as to how the inventory concerns impact the facility, Herring said, "Notice of what CHPD seized is essential to the safekeeping and preservation of protected health and personal information and documentation, as well as legal privilege."
Additionally, the accused individual employees were given bond conditions that prevent them from providing medical care or returning to the facility. Herring said the nursing home is unable to assess or contest those actions due to police's "refusal to comply, in good faith, with the inventory requirement."
The petition also suggested Colonial Heights Police seized property that was outside of the scope of the authorized search warrant, referencing harm caused by an "unlawful seizure." A detailed inventory, according to the petition, would help the facility challenge the seizure of those items in question.
"I think this is an attempt by the nursing facility to get their foot in the door, and then there could be other requests down the road, depending on what happens here," Stone said.
Commonwealth's Attorney Gray Collins filed a response, objecting to the petitioner's request for a ruling without a hearing. Collins also requested more time to research whether the nursing home has standing to make these arguments to begin with.
As to allegations that police seized items that were beyond the scope of the authorized search warrant, Collins noted that could be explained in a hearing.
A hearing has been scheduled for Feb. 27.
Herring has not responded to CBS 6's request for comment.
A spokesperson for Colonial Heights Police acknowledged CBS 6's request for comment but said she had not yet heard back from the investigator on the case.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
📲: CONNECT WITH US
Blue Sky| Facebook| Instagram| X| Threads| TikTok| YouTube
