New York appeals court clears 10 Filipino nurses of neglect rap

GARDEN CITY, New York — An appeals court has cleared 10 nurses of criminal charges after they were accused of endangering patients by resigning en masse from a Long Island nursing home to protest working conditions.

The state Appellate Division on Thursday cited the constitutional amendment against slavery in saying the misdemeanor conspiracy and child endangerment charges should not have been filed. An attorney who was prosecuted for advising them also was cleared.

The nurses, recruited from the Philippines to help ease a staffing shortage in the U.S., were arrested after they quit their jobs in April 2006 without notice.

The Suffolk County district attorney's office said the nurses jeopardized the health of patients, including some terminally ill children on ventilators who required constant monitoring.

The case attracted headlines in Manila, where hearings were held in 2007 in the Philippines' Senate and House of Representatives.

The nurses contended they left work at the end of their shifts and that no patient was ever in danger. One, Maria Theresa Ramos, told The Associated Press she stayed four hours past the scheduled end of her shift to ensure that the patients received proper care.

The appellate court found that "coverage (by other nurses) was indeed obtained and no facts suggesting an imminent threat to the well-being of the children have been alleged." It said the charges violated the nurses' 13th Amendment rights that protect against "involuntary servitude."

"Complete elation — I was in tears," defense attorney James Druker said Friday. Druker said besides the 10 nurses, attorney Felix Vinluan was cleared of charges that he improperly advised them to quit their jobs.

The court said to "potentially inflict punishment for the good faith provision of legal advice is, in our view, more than a First Amendment violation. It is an assault on the adversarial system of justice."

A spokesman for District Attorney Thomas Spota had no immediate comment; a decision on whether to appeal to the state's highest court was expected in the next few days.

The nurses said they quit their jobs at a Smithtown facility run by Sentosa Health Care because they were made to perform tasks they deemed demeaning and below their job descriptions. There were also disputes about scheduling and pay.

Druker said while some of the nurses have since found employment elsewhere, a number of them had difficulty getting other nursing jobs because of a possible criminal trial. - AP

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