Wellpath must turn over documents related to Santa Rita Jail death: judge
When Maurice Monk of Oakland was found dead in his Santa Rita Jail cell, there were uneaten food trays and pills in his cell.
OAKLAND, Calif. - An Alameda County Superior Court judge has tentatively ruled that Wellpath must turn over documents related to the in-custody death of an Oakland man at Santa Rita Jail, despite the healthcare company's argument that the report is privileged.
Following a court hearing on Friday between Wellpath and the Alameda County District Attorney's Office, which is seeking the documents, Judge Elisa Della-Plana said she will review the information, and if she determines that privilege does not apply, she will turn it over to prosecutors by 5 p.m. Monday.
The documents stem from unprecedented criminal charges filed last month against nine Alameda County sheriff's deputies, Wellpath nurse David E. Donoho and Alameda County Behavioral Health clinician Dr. Neal Edwards stemming from the Nov. 15, 2021, death of Maurice Monk, who lay dying in his jail cell for between three or four days before anyone went into his room to check on him and see why he wasn't eating or taking pills.
When staff finally went into his cell, Monk was lying in a pool of his own bodily fluids and stacks of food trays and pills were piled up inside his small room – the food and medicine had just been thrown in through a slat in the door.
KTVU first reported the conditions of Monk's death after obtaining exclusive body camera video from his family attorneys, Laywers for the People, who painstakingly pieced together the timeline over months of work.
Deputy DA Zach Linowitz is seeking the report and Wellpath attorneys Alexander Jurenka and Lindsey Romano are arguing to keep it private.
Wellpath has already provided significant documentation, but has refused to turn over what Linowitiz described as a key document — a mortality report that lists recommendations of the company’s internal probe into Monk’s death.
"The People are concerned that Wellpath is once again engaging in an inappropriate game of litigation tactics designed to conceal evidence that is paramount to the People's investigation," Linowitz wrote.
In opposition papers, Wellpath attorneys claimed the report is "patient safety work product" and exempt from disclosure.
"Wellpath has acted in good faith and should not be held in contempt for asserting a valid privilege and should further not be compelled to disclose," according to a legal filing submitted to the court.
If Welllpath doesn't turn over the document, the company could be held in contempt of court.
The East Bay Times first reported this development.
None of the deputies or Wellpath staff have entered a plea. All were charged with felony dependent adult abuse and neglect and three of the 11 were also charged with falsifying documents, also a felony.
The deputies have all been placed on leave and their law enforcement privileges have been temporarily suspended during the criminal proceedings. It's unclear what the status of the Wellpath employee is; the company has declined to answer KTVU questions.
All 11 defendants are expected to return to court on Dec. 16.
Lisa Fernandez is a reporter for KTVU. Email Lisa at lisa.fernandez@fox.com or call her at 510-874-0139. Or follow her on Twitter @ljfernandez