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EXPANDED VERSION OF HOW THE NCVMB HANDLED OUR COMPLAINT

1.  Our Complaint 4.  Monce Reprimand 7   Monce Rejection 10.  Negotiations 2
2.  Board Complaint  5.  Questioned Issues 8.  Negotiations 1 11.  Consent Order
3.  Jones Reprimand 6.  00048 Decision 9.  Notice of Hearing  


Some Issues We Opine the NCVMB Failed to Fully Address

Lack of inhalation anesthesia
Different trailer than on January 3, 2000
Alex's cytology slides
Failure to obtain lab reports from Antech
Audio tape 3


ISSUE 1 - LACK OF INHALATION ANESTHESIA

 

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Davenport Associates
P. O. Box 5783
Cary, NC  27512-5785
(919) 387-3533

June 20, 2000

I administered a polygraph examination to Nancy G. Deas on June 20, 2000, in Raleigh, North Carolina.  The purpose of this examination was to determine Ms. Deas' truthfulness regarding information she provided about the veterinary care of her dog, Alex, had received.

I asked Ms. Deas the following relevant questions on multiple tests during the in-test phase of her examination, and she gave the indicated answers:

- On January 3, 2000, did you see any tube connected to the endotracheal tube coming from Alex's mouth?
Answer: NO

- On January 3, 2000, did you see Alex conscious at any time?
Answer: NO

- Have you intentionally misrepresented the details of what occurred with Alex on January 3, 2000?
Answer: NO

At the conclusion of all testing I conducted an analysis and numerical evaluation of Ms. Deas' physiological reactions when she answered the above questions as shown.  Based on that evaluation it is my opinion there were no reactions indicative of deception to those relevant questions.

Sincerely,
Steve Davenport, Examiner


Davenport Associates
P. O. Box 5783
Cary, NC  27512-5785
(919) 387-3533

March 20, 2001

I administered a polygraph examination to Nancy G. Deas on March 20, 2001, in Raleigh, North Carolina.  The purpose of this examination was to determine Ms. Deas' truthfulness regarding information she provided about the veterinary care of her dog, Alex, had received.

I asked Ms. Deas the following relevant questions on multiple tests during the in-test phase of her examination, and she gave the indicated answers:

- On September 8, 1999, did Dr. Jones say "curaine" was used to paralyze animals' breathing?
Answer: YES

- On January 3, 2000, before Dr. Jones removed Alex's endotracheal tube, did you hear Dr. Monce reply "yes" after Dr. Jones said the word "curaine"?
Answer: YES

At the conclusion of all testing I conducted an analysis and numerical evaluation of Ms. Deas' physiological reactions when she answered the above questions as shown.  Based on that evaluation it is my opinion there were no reactions indicative of deception to those relevant questions.

Sincerely,
Steve Davenport, Examiner

STEVE DAVENPORT
FORENSIC POLYGRAPH EXAMINER

EDUCATION:
Bachelor of Business Administration, Campbell College, Buies Creek, North Carolina, May 1971

INVESTIGATIVE QUALIFICATIONS:
Completed the third session of the SBI Academy, October 1971.
Served as Special Agent with the State Bureau of Investigation (SBI) from 1971 to 1993.  Was Special Unit Supervisor from 1980 to 1993.  Principal assignment was Polygraph Examiner-Interrogation Specialist.

POLYGRAPH TRAINING:
Basic polygraph training was at the National Training Center of Polygraph Science, New York, February 1974. Advanced courses were completed at the National Training Center, Virginia School of Polygraph, Reid College, the Academy of Polygraph Science and Methodology, University of North Carolina at Charlotte, and Delta College.

POLYGRAPH EXPERIENCE:
Have administered in excess of 3,000 specific polygraph examinations dealing with criminal (felony) cases and in excess of 1,000 pre-employment security screening examinations.  Have lectured on polygraph theory and methodology at the SBI Academy, law enforcement agencies, local colleges, District Attorney's Conferences, civic groups and various professional seminars and colloquiums.  Was a staff instructor at the Academy of Polygraph Science and Methodology from 1981 to 1986.

PROFESSIONAL AFFILIATIONS:
Society of Former Special Agents of the SBI
Elected a Distinguished Fellow in the Academy of Certified Polygraphists
Founder and past President of the North Carolina Polygraph Association
Charter member and former Director of the American Association of Police Polygraphists


ISSUE 2 - DIFFERENT TRAILER THAN ON JANUARY 3, 2000

 

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NORTH CAROLINA VETERINARY MEDICAL BOARD
P. O. BOX 12587
RALEIGH, NORTH CAROLINA  27605
919-733-7689

April 19, 2001

Kevin Monce, D.V.M.
P.O. Box 15396
Wilmington, NC  28408

     Re:  Mobile Unit

Dear Dr. Monce:

I write regarding the recent inspection of your mobile unit.  The Committee on Investigations Number 1 noted it is not the same unit that was used by you in late 1999 and early 2000.  The Committee has directed me to inquire about that unit.


Are you still in possession of the trailer used by you in late 1999 and early 2000?  Is it still being utilized by you?  The Committee requests that it be made available to be examined by a representative of the Board.  If you are not in possession of the trailer, where or who now has ownership of it?  Do any pictures of the unit exist?  If so, the Committee requests copies of those pictures.

The Committee requests a written response to this letter no later than May 7, 2001.

Very truly yours,
Thomas M. Mickey
Executive Director

cc:  Committee on Investigations No. 1
      George G. Hearn, Esq.

 



April 30, 2001

Mr. Thomas M. Mickey
Executive Director
NC Veterinary Medical Board
PO Box 12587
Raleigh, NC  27605

Dear Mr. Mickey:

I am responding to your questions about the trailer that you refer to in your letter dated April 19, 2001.

1) I am not in possession of this trailer, nor was I ever in possession of this trailer.  The trailer was owned by Renee Dailey and VetSound, Inc., during its use.  The trailer is still owned by Renee Dailey but is for sale, on consignment, at Nelson's Trailers, in Ocala, FL.

2) The trailer is not being utilized by me or anyone else to my knowledge.

3) The trailer is at Nelson's Trailers in Ocala, FL.  Their telephone number is 352/732-8908.  Their physical address is 4131 Blichton Rd, Ocala, FL, 34482.

4) I obtained four digital photographs of the trailer [file://A:\Trailer 1-4.jpg] before equipment was removed and the trailer was sent to Nelson's Trailers. These photographs are enclosed on a floppy disk.

Please let me know if I can be of any further assistance.

Sincerely,
Kevin Monce, DVM, DACVIM
PO Box 15396
Wilmington, NC  28408

Enclosure




STATE OF NORTH CAROLINA
COUNTY OF WAKE
AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Nancy G. Deas, who, being by me duly sworn, upon oath, stated the following facts:

     "I am over the age of eighteen years, and I am of sound mind and competent to make this affidavit.  I have personal knowledge of the facts stated in this affidavit, and I so solemnly swear, or affirm, that the following facts are true:

1. I reside at 5721 Wintergreen Drive, Raleigh, North Carolina  27609.

2. On September 8, 1999 and January 3, 2000, I saw a mobile unit used by Dr. Kevin A. Monce, DVM, DACVIM and Ms. Suzanne Renee Dailey Daniel, RT(R), RDMS, to provide veterinary medical services to pets owned by my sister, Edna E. Deas, and me while the trailer was in the parking lot of Durant Road Animal Hospital, 10220 Durant Road, Raleigh, North Carolina 27614.

3. I watched Dr. Monce and Ms. Dailey Daniel perform a presurgical cardiac evaluation of Gus Deas inside this trailer on September 8, 1999.  The cardiac evaluation consisted of a echocardiograph, review and change of Gus' heart medication, diagnosis, and explanation of Gus'  condition.  Attached is Gus Deas'  VetSound, Inc. medical record.

4. I watched Dr. Monce and Ms. Dailey Daniel perform an abdominal ultrasound and six invasive peritoneal procedures on Alex Deas on January 3, 2000 inside the same trailer that I saw September 8, 1999.  The peritoneal procedures performed were abdominocentesis, spleen biopsy, lymph node aspirate, and three separate liver biopsies.  I also watched Dr. Monce make glass microscopic cytology/pathology slides of Alex's abdominal samples while within this trailer. Attached is Alex Deas' VetSound, Inc. medical record.

5. The mobile unit I saw September 8, 1999 and January 3, 2000 was NOT the trailer shown in the attached photographs identified as "file//A:\Trailer 1-4.jpg" that accompanied the attached letters written between Mr. Thomas M. Mickey dated April 19, 2001 and Dr. Kevin Monce dated April 30, 2001 as provided me by the North Carolina Veterinary Medical Board.

6. The mobile unit I saw September 8, 1999 and January 3, 2000 was a white, rectangular trailer that did not have a gooseneck.  It had one curb door on the passenger side as it was hitched to a red pickup truck.  It did not have any windows.  There was no scalloped fender above the trailer wheels.  There was no writing on the mobile unit as I viewed it from the rear and passenger side.

7. On April 17, 1999, while accompanied by my sister, Edna E. Deas, I saw Dr. Monce and Ms. Dailey Daniel arrive at Durant Road Animal Hospital with trailer that was different than the one that I saw September 8, 1999 and January 3, 2000.  It also was NOT the trailer shown in the attached affidavit photographs identified as "file://A:\Trailer 1-4.jpg".  The trailer I saw on April 17, 1999 was also a white, rectangular trailer without a gooseneck but it was smaller than the trailer that I saw on September 8, 1999 and January 3, 2000.  It had a rear ramp type door that had been opened and a small window on the passenger side when hitched to a red pickup truck.  It did not have any writing on the passenger side that I viewed, but a lettered sign, "VETSOUND" was in the window and visible from the outside.  I did not enter this trailer because the medical procedures scheduled with Dr. Monce and Ms. Dailey Daniel for Gus Deas were not performed.

"I have read the above and foregoing statement and the same is true and correct."

Nancy G. Deas

SUBSCRIBED AND SWORN TO before me, the undersigned authority, this the 24th of September, 2002.

Christopher J. Bean
Notary public
My Commission Expired:  October 9, 2005

 

ISSUE 3 - ALEX'S CYTOLOGY SLIDES

 

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Nancy G. Deas, Edna E. Deas
5721 Wintergreen Drive, Raleigh, North Carolina 27609
919-787-4713

March 14, 2002

Via Hand Delivery

Mr. Thomas M. Mickey, Executive Director
North Carolina Veterinary Medical Board
1307 Glenwood Avenue, Suite 156
Raleigh, North Carolina  27605

Dear Mr. Mickey:

Enclosed is the report of Mr. Haywood Starling dated February 25, 2002, performed on ten cytology slides contained within plastic cassettes labeled "Alex Deas" that were delivered to our residence on August 29, 2000, via FedEx from Colorado State University.

Mr. Starling performed forensic analysis on these ten slides three times.  September 25, 2000, Mr. Starling identified the "LN" and "Spleen" light writings on each of the slides as being written by Dr. Kevin Monce.  The second analysis on October 6, 2000, showed that the light writings, "LN", "Spleen" and "800438" on each of the ten slides are written in graphite (pencil).  The third analysis February 25, 2002, identified the writer of light writing "800438" to be Ms. Renee D. (Dailey) Daniel.

Information was provided to Dr. Gordon on February 13, 2001, and to you on February 14, 2001, (with handwritten corrections) for consideration by Committee on Investigations No. 1 as documents entitled

  • "Possible Violations of G.S. 90-187.8(c)(19) Acts of Behavior Constituting Fraud, Dishonesty or Misrepresentation in Dealing with the Board or in the Veterinarian-Client-Patient Relationship, Dana R. Jones, DVM, Cytology Slides"
  • Possible Violations of G.S. 90-187.8(c)(19) Acts of Behavior Constituting Fraud, Dishonesty or Misrepresentation in Dealing with the Board or in the Veterinarian-Client-Patient Relationship, Kevin A. Monce, DVM,  DACVIM, Cytology Slides"

Also provided in regard to this matter were Mr. Starling's report dated October 6, 2000, a 5 page set of color microscopic photographs prepared by Mr. Starling, the cell count report provided by Dr. Ron Edwards, and a copy of Dr. Grindem's audio tape (8/31/00) and unofficial transcript.

The information and evidence that was provided to Committee on Investigations No. 1 before it decided Complaint 00006-1-1 showed:

the slides delivered to our home August 29, 2000 had Dr. Monce's handwriting on them

were not the slides seen by us on August 5, 2000

had the NCSU accession (lab) number affixed in graphite, not in black or blue waterproof marker as Dr. Grindem stated is how the NCSU accession number is usually affixed by NCSU to slides.


The additional identification on February 25, 2002, of Ms. Daniel as the writer of "800438" — instead of being written on the slides by a NCSU staff member on 6/26/00 when the NCSU accession number "800438" was generated by the NCSU-VTH Pathology Department — together with all previously provided information is enough proof to show any reasonable person that the slides delivered to our home August 29, 2000 .

We are sure that the Board will also be concerned as to how .

A BRIEF summary of facts

January 3, 2000 Nancy Deas watched Dr. Monce obtain abdominal fluid, liver, spleen and lymph node tissue from Alex's abdomen and make slides from Alex's specimens in Dr. Monce's trailer
June 26, 2000 Mr. George Hearn delivered 6 lymph node and 4 spleen slides to Dr. Lance Perryman at NCSU.  No abdominal fluid or liver slides had been provided by Dr. Dana Jones to Mr. Hearn for delivery to NCSU.

Explanatory Note: The NCSU Surgical Pathology Request handwritten by Joe Gordon, DVM, and Faxed to NCSU June 23, 2000 states 

" SAMPLES INCLUDE: SPLEEN, LIVER, ABDOMINAL FLUID, LYMPH NODE".      

        View scanned document

The accession number "800438" was assigned by NCSU and affixed at NCSU to the short end of each slide.  Dr. Carol Grindem's report indicated she only examined 2 previously stained lymph node slides and 2 previously stained spleen slides.

August 3, 2000 Dr. Perryman delivered the 10 slides from NCSU to Dr. Gordon at Oberlin Animal Hospital.
August 5, 2000 Dr. Gordon showed Nancy and Edna Deas 5 plastic cassettes of slides labeled "Alex Deas" at Oberlin Animal Hospital.  Dr. Gordon removed one slide from its cassette and held it up.  Edna Deas saw blue writing across the short end of the slide.
August 8, 2000 The slides were sent to Colorado State University by the NCVMB after being inventoried by Ms. Stacy Mickey for the chain of custody executed between Dr. Gordon and Mr. Thomas Mickey at Oberlin Animal Hospital.
August 9, 2000 The slides were received at Colorado State University for study.  Per written instruction, the slides were to be returned to Dr. Gordon at Oberlin Animal Hospital.
August 29, 2000 The slides were delivered to the Deas residence from CSU. There was no blue writing anywhere on any of the slides.  Mr. William A. Blackman was immediately called, met Nancy and Edna Deas, and viewed the slides.
August 30, 2000 Forensic photographs were made of the slides and the plastic cassettes.
August 31, 2000 Dr. Carol Grindem stated the NCSU accession number should be in waterproof marker - black or blue.


We request the members of Committee on Investigations No. 1 and the full Board consider the following for inclusion, in addition to those issues already decided by the NCVMB in the contested case hearing that Dr. Monce has requested:

1.

2.

3.

4.

5.

6.

We also request that this letter and the enclosures be made part of the Complaint 00006-1-1- file and any file that is being maintained on the Hearing the Mr. Hearn states will occur at the North Carolina Office of Administrative Hearings.

Please do not hesitate to contact us if you, Board Investigator Mr. Ken Wheeler, Board Attorney Mr. George Hearn or any of the members of the North Carolina Veterinary Medical Board have any questions.

Sincerely yours,
Nancy G. Deas
Edna E. Deas

Encl:
Report of Mr. Haywood Starling, dated February 25, 2002
5 color exhibits of the slides studied by Mr. Starling labeled Q1-Q10 VIEW THE EXHIBITS
Composite color exhibit of the labeled ends of all ten slides prepared by Mr. Starling

 



EXCERPTED AND/OR SUMMARIZED FROM THE REPORT OF HAYWOOD R. STARLING
FORENSIC EXAMINER, CAROLINA FORENSIC SCIENCE
*EXPLANATORY NOTES INSERTED

 

FEBRUARY 25, 2002

    View entire report as a scanned document
       View the images of the examined slides

 

RE:  Examination of Questioned and Known Writing

The following includes and supplements my reports to you in the above referenced, dated September 25, 2000 and October 6, 2000.

ITEMS SUBMITTED

Q-1 through Q-10: Microscopic slides
Q-11:  "FED EX" envelope
K-1:   Four signature standards and exemplar writings of Dr. Kevin Monce, DVM, DACVIM
K-2: Signature standard of Dr. C.S. Olver
K-3 :  Three exemplar writing and signature standards of Renee D(ailey). Daniel

FINDINGS AND CONCLUSIONS:

(1)  Characteristic similarities were noted in the Q-1 through Q-10 writings, "Spleen" and "LN" when compared with the K-1 writings of Dr. Kevin Monce, DVM, DACVIM.  There similarities were sufficient in number and force, resulting in my opinion as follows:

IT IS MY OPINION TO A REASONABLE DEGREE OF CERTAINTY THAT DR. KEVIN MONCE, DVM, DACVIM WAS LIKELY THE WRITER OF THE "Spleen" AND "LN" WRITINGS APPEARING IN Q-1 THROUGH Q-10.
The similarities noted include, but are not limited to the following:  Slant, level of skill, spacing, line quality and proportionate character heights.
 

(2)  Characteristic similarities were noted in all the dark writings appearing in Q-1 through Q-10 when compared with one another.  These similarities are sufficient in number and force, resulting in my opinion as follows:

IT IS MY OPINION TO A REASONABLE DEGREE OF CERTAINTY THAT ALL THE DARK WRITINGS APPEARING IN Q-1 THROUGH Q-10 WERE WRITTEN BY THE SAME INDIVIDUAL. 
Some characteristic similarities were noted in the Q-11 writing when compared with the K-2 writing of Dr. Olver.  Dr. Olver, however was neither identified nor eliminated as the writer of the Q-11 writing. 

* Explanatory Note:  The dark writings were the Colorado State University accession number "6867" and accession date "8-9-00".  Dr. Olver was one of the pathologists at CSU who studied the slides.  It seems reasonable that Dr. Olver or another CSU lab staff would have appropriately affixed these dark writings on the slides received from the NCVMB to CSU on 8-9-00 and subsequently sent to us by CSU on 8-29-00.

(3)  The light writings in Q-1 through Q-10 appearing as "800438", "Spleen" and "LN" bear similarities found in writing prepared with writing instruments including graphite.  The use of one or more pencils in preparing these writings was not excluded.

* Explanatory Note:  Dr. Carol Grindem, the NCSU-VTH pathologist who studied the 10 slides delivered to NCSU on 6-26-00 indicated that NCSU would have generally used black or blue waterproof marker to affix the "800438" NCSU accession number to each slide on 6-26-00.  The written protocols from Antech Diagnostics, Inc. instruct client veterinarians to affix all identifying information to glass slides in pencil.  Dr. Monce was a consultant with Antech.  The Antech protocols were provided to the NCVMB.

(4)  Similarities in class and individual characteristics were noted in the Q-1 through Q-10 light written numbers when compared with the K-3 exemplar writing of Renee D. Daniel.  There similarities are sufficient in number and force, resulting in my opinion as follows:

IT IS MY OPINION TO A REASONABLE DEGREE OF CERTAINTY THAT RENEE D. DANIEL, AS REPRESENTED BY K-3 IS MORE LIKELY THAN NOT THE WRITER OF THE Q-1 TROUGH Q-10 LIGHT WRITTEN NUMBERS. 
Instruments used in the examinations made include a steroscopic microscopic, an optical forensic comparator, and a transparent measuring grid.

Very truly yours,
Haywood R. Starling, BCFE
Board Certified Questioned Document Examiner
American Board of Forensic Examiners

Curriculum Vitae, Haywood R. Starling, Forensic Document and Fingerprint Examiner
Carolina Forensic Science, 3327 Lake Boone Trail, Raleigh, NC  27607-6765

Graduate Institute of Applied Science, Chicago, Illinois

Embracing studies of Scientific Criminal Identification, including Handwriting Identification, Fingerprint Identification and Firearms Identification

Identification Officer, State Bureau of Investigation, Raleigh, North Carolina

Graduate Federal Bureau of Investigation National Academy - Washington, DC

Supervisor Questioned Document, Fingerprint and Firearms Evidence Sections, State Bureau of Investigation

Taught Forensic Science at The Institute of Government, Chapel Hill, NC and at numerous Police Schools throughout North Carolina

Supervising Agent for Field Investigations, State Bureau of Investigation

Assistant Director of State Bureau of Investigation

Director of State Bureau of Investigation - 1975-1985

Board Certified Forensic Questioned Document and Fingerprint Examiner

Diplomate American Board of Certified Forensic Examiners

Former President NC Division of International Association for Identification

Former President NC Police Executives Association

Private Consultant to Attorneys and Private Industry in Handwriting, Fingerprints and Firearms Identification in Civil and Criminal cases - 1985 to present date


 

Slides Q1 - Q2



<< (1) Light writing "800438"
<< (2) Dark writing "6867" 

<< (3) Light writing "LN" or "Spleen"

<< (4) Dark writing "8-9-00"


Explanation
(1) North Carolina State University (NCSU-VTH) accession number, "800438"  generated at NCSU on June 26, 2000 after the slides were hand delivered to NCSU by NCVMB attorney George G. Hearn. Dr. Carol Grindem, NCSU pathologist who wrote the pathology reports on the slides, said generally NCSU affixes their accession number in black or blue waterproof marker.

Forensics state this number is written in graphite (pencil) by Renee Dailey Daniel, RDMS, VetSound, Inc.

(2) Colorado State University accession number "6867" affixed on August 9, 2000 by CSU. 

(3) "LN" (Lymph node) or "Spleen". Forensics state this is written in graphite (pencil) by Kevin Monce, DVM, VetSound, Inc.

(4) Colorado State University accession date "8-9-00" affixed by CSU.


 

ISSUE 4 - FAILURE TO OBTAIN LAB REPORTS FROM ANTECH


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ANTECH DIAGNOSTICS
10 Executive Boulevard
Farmingdale, NY 11735

November 3, 2000

Ms. Nancy Deas
Ms. Edna Deas
Raleigh, North Carolina 27609

Dear Ms. Deas:

In response to your request, please be advised that the information you requested has been forwarded to the North Carolina Veterinary Medical Board through the office of the Durant Road Animal Hospital.

It is Antech's policy to conduct all information requests through our Clients that have submitted the testing.  I believe this should help you in resolving any issues you have.

Sincerely,
Michael Napolitano
Vice President, Antech Diagnostics


NORTH CAROLINA VETERINARY MEDICAL BOARD
P. O. BOX 12587
RALEIGH, NORTH CAROLINA  27605
919-733-7689

August 22, 2001

 

Ms. Nancy G. Deas
Ms. Edna E. Deas
5721 Wintergreen Drive
Raleigh, NC 27609

Re: Your letter of July 23, 2001 regarding "Napolitano Information"

Dear Ms. Deas and Ms. Deas:

This letter responds to your certified mail letter of July 23, 2001 regarding "Napolitano Information".  You write that on June 4, 2001, "Dr. Gordon authorized that we be provided a copy of a letter from the North Carolina Veterinary Medical Board to Dr. Dana Jones requesting the information that Mr. Mike Napolitano, Vice President of Antech Diagnostics, Inc., informed us had been provided to the NCVMB through Durant Road Animal Hospital;."

No letter had been sent from the Board to Dr. Dana Jones requesting this information.  Committee 1 recognizes that you asked about it earlier and the Committee thought that it had been requested from the Board office, but because of oversight it was not.  After you raised this issue again, the Committee had already reached its decision.  Dr. Gordon determined that this information, apparently the results of a complete blood chemistry on this particular day, was not necessary to consider and would not have altered the Committee's decision.  He therefore determined that it was not then necessary to request it.

Today, Dr. Gordon had learned from Dr. Dana Jones that Mike Napolitano has not corresponded with Durant Road Animal Hospital with this information which you described.

Very truly yours,
Thomas M. Mickey

TMM/
cc:  Board Members


ISSUE 5 - AUDIO TAPE 3

 

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LAW OFFICES OF STEVEN D. SIMPSON, P.A.
ATTORNEY'S AT LAW
LANDMARK CENTER II
4601 SIX FORKS ROAD, SUITE 530
RALEIGH, NORTH CAROLINA 27609
(919) 788-0775

December 22, 2000

George G. Hearn, Esq.
Johnson, Hearn, Vinegar & Gee, PLLC
Suite 2200
Two Hanover Square
Post Office Box 1776
Raleigh, North Carolina 27602

Re:   File No. 00006-1-1
        North Carolina Veterinary Medical Board
        Our File No. 15096.001

Dear Mr. Hearn:

In connection with the above-styled matter, we wanted to inform you of a recent development concerning the audio tapes that were submitted with the complaint in the above-styled matter.

On February 4, 2000, the Deases submitted copies of audiotapes which were termed Tapes Nos. 1-5 along with the complaint they filed in the above-styled matter.  The Deases retained the original tapes and submitted copies thereof to the North Carolina Veterinary Medical Board ("Board").  The Board retained a legal stenographer to transcribe the tapes, but we are informed that the Board has not yet released copies of the transcripts to the Deases.  Tape No. 6 was then submitted to the Board on April 4, 2000.  In addition, Tapes Nos. 7-12 were referenced in a letter dated October 30, 2000, letter from the Deases to the Board.  These tapes are available for review and transcription by the Board.  To date Tapes Nos. 7-12 have not been submitted to the Board because the Deases were not allowed to appear at the November 1 meeting of the Committee on Investigations No. 1 and thereafter have not been permitted to submit any further information.  The Deases retain all original tapes.

An apparent problem with respect to the copy of Tape No. 3 submitted to the Board has arisen. Tape No. 3 is a telephone conversation on January 12, 2000, between Dr. Monce and Ms. Nancy Deas.  On December 13, 2000, at the request of the Deases,  Mr. Mickey provided the Deases with a copy of Tape No. 3 submitted with the complaint.

It is now apparent that the original Tape No. 3 currently in the possession of the Deases and the copy of the Tape No. 3 provided to the Deases on December 13, 2000, by the Board itself are not the same.

Approximately 4.5 minutes of conversation from the first side of the original Tape No. 3 is missing from the December 13 copy.  The issues discussed on the missing minutes from the tape are (1) Nancy Deas' request for euthanasia at the end of the ultrasound, and (2) Dr. Monce's statement that Dr. Feimster was wrong when Dr. Feimster told the Deases that Alex was in renal failure and that the Deases had made an irreversible mistake by euthanizing Alex.

Thus, the copy of Tape No. 3 submitted with the complaint appears to have been altered while in the possession of the Board.

One may reasonably ask how the Deases know this. This first side of original Tape No. 3 is 23 minutes long, as is the December 13 copy.  The Deases considered whether Tape No. 3 may have been submitted incompletely at the time it was submitted with the complaint.  However, the Deases played both the original and the December 13 copy simultaneously on two different tape recorders.  The December 13 copy is recorded at a slower speed which explains how it is 23 minutes long yet still misses 4.5 minutes of conversations. 

Also, there is an audible click on the December copy at the end of side 1.  This click is probably from the recorder stopping at the end of side 1.  This is where the missing 4.5 minutes would have been.  The audible click heard on the December 13 copy is not present on the original. 

It is our understanding that the copy of Tape No. 3 that was submitted with the complaint in the above-styled matter has at all times thereafter been in the possession or control of the board.  Apparently, someone took the copy of Tape No. 3 that was submitted with the complaint, copied the copy to a second tape, albeit at a slower speed, with the 4.5 minutes of conversation omitted from side 1 of the second tape.  The click on the December 13 copy is probably the recorder stopping at the end of side 1 from the recording of the second copy.  The second copy was then inserted in the Board's files in place of the copy of Tape No. 3 that the Deases submitted with the complaint.  The second copy was then copied and the third copy delivered to the Deases.

The Deases do not know why or how an imperfect copy of Tape No. 3 was made or how it came to be included in the Board's file as purporting to be that which was submitted with the complaint as being Tape No. 3.  More troubling, it is apparent that the substitution has been made while the tapes were in the possession of the Board.  We can only speculate as to who would have had the time, inclination and access to the files of the Board and therefore would have had the opportunity to make the copy of the Tape No. 3.

If the integrity of the Board's file has been compromised, we assume that the Board would be concerned.

Of course, there may be other explanations for how the altered tape came to be in existence.  However, the Deases are at a loss to provide an explanation other than that set forth herein.

We have enclosed a copy of an unofficial transcript of both the missing text of what should have been in the December 13 copy, as well as a complete unofficial transcript of Tape No. 3 taken from the original.

If the Board has another explanation for this apparent alteration of Tape No. 3, we would be pleased to hear it.

In view of the foregoing, we are currently requesting the following from the Board:

  1. Copies of transcripts of Tapes Nos. 1-5 submitted with the complaint and a transcript of Tape No. 6, if available.
  2. If the Board determines that the transcripts should not be made available for whatever reason, then we request copies of all 6 submitted tapes.  The Deases will then run appropriate tests of all 6 tapes to compare them for authenticity to the originals, which are still in their possession.
  3. We respectfully request that this letter be included in the record of the materials to be reviewed by Committee No. 1 on Investigations with respect to the foregoing matter.
  4. We request permission to resubmit a correct copy of Tape No. 3 in its entirety, as copies from the original tape currently in the Deas' possession.
We would be pleased to send a runner over to the Board's office to pick up the transcripts or tapes.

Of course, there is some degree of urgency to this, due to the January 9 meeting.  We have previously requested a short postponement of the January 9 meeting, but we have not yet been advised of the Board's decision in this respect.

Thank you for your courtesy.  If you have any questions, please do not hesitate to call.
 

Very truly yours,
Steven D. Simpson

Enclosures
cc: Ms. Nancy G. Deas (with enclosures)
c:\work\letters\hearn,george

UNOFFICIAL TRANSCRIPT
TEXT OF MISSING 4.5 MINUTES FROM AUDIO TAPE 3

 

Taped telephone converstation January 12, 2000. Kevin Monce returns Nancy Deas' call.
KAM = Kevin A. Monce, DVM
NGD = Nancy G. Deas

NGD:   When Jones and I spoke.  That was the first thing he ever brought up to me.

KAM:   Was?

NGD:    That we should not have euthanized our pet.  I will not accept that guilt trip.

KAM:  Oh, no,  I'm not putting a guilt trip on you.  You, you make, m, no, no, understand where I come from.  I am, there and I'm not putting that on you.  Ah, you mentioned something to me about euthanasia.  You asked honestly.  And I said no.

NGD:   Oh, I'm talking about over at the emergency clinic.

KAM:   No, no.  Let's, let's take it one step at a time.  OK.  When you asked me and you said do you think this is justified, that to me means that you're thinking about it.  It's a difficult thing to think about.  And owner's vacillate.

NGD:   I know it was justified.  Medically.  I'm saying that it has already once tried by Dr. Jones to

KAM:    I'm do

NGD:   Make us feel

KAM:    Miss Deas, please

NGD:    Guilty

KAM:    Please, you're being defensive, And

NGD:    Yes I am.  And I brought up to you at the start that this was going to be difficult

KAM:    OK

NGD:    And you had to be aware that

KAM:    OK

NGD:   that there were some problems

KAM:   You can't be that way.  You have to be objective.  Or you are wasting your time and my time.

NGD:   OK

KAM:    I

NGD:   That's fair.

KAM:   I am not going, I'm not going to play games,  I'm not going to put guilt trips on you.  There's no guilt trip to put on you.  If you understood that you dog was in renal failure

NGD:   I was definitely proved that fact

KAM:   What was the creatnine?  No, that was absolutely not definitely proved.  There is no urinalysis{?).

NGD:   As far as I was told there including your dog is in terminal renal failure.  The point blank questions was,  "How do you know?"  I accepted and Edna accepted the answer given us.

KAM:  Well, ok.  You want to know my concern.  You said am I holding anything back.  Here's what I holding back. That was wrong.

NGD:   Well then, someone was terribly wrong.  Because we point blank asked, how do you know.  We were given an explanation.

KAM:   This was a general veterinarian that you were talking with?

NGD:    Why weren't we at State?  Why weren't we there noon on Monday?

KAM:    I don't know.

NGD:    I don't' know either.  We did have an emergency that did not evolve that time of night.

KAM:  No, I don't , I don't think so.  When you called me at eleven  I did not consider it to be an emergency at that stage.  Ah, no um

NGD:   Well you didn't have the opportunity to see or examine the dog

KAM:   Right

NGD:   Dr. Jones did.

KAM:   Well, (long pause) I really and and again.  Here's a guilt trip.  Ah this is ah this is a guilt trip that I'm going to give you.  Now

NGD:    OK, do it.

KAM:   I, I wish you could have called me a four in the morning before you made your decision.  I would have, I, I was not upset to be called at eleven.  I wasn't upset to be called at midnight,  We go back a long way.

NGD:   Right.

KAM:   And I wasn't upset to be called by Alan [Feimster, DVM] at two in the morning or whenever it was that he called me.

NGD:    Right.

KAM:    I gave him recommendations and told him this is what you need to do based on the information that we've got.

NGD:    And as far as I know, he did.

KAM:    Right.

NGD:    I don't know exactly what you did tell him.

KAM:    Right, right.  Yeah, and that's fine.  But the thing is when you get to the point of making this irreversible decision, why couldn't I have been called one more time.  Alex is a complicated case and his assessment of  this case.  A general veterinarian cannot assess, can't take a case like this and make an accurate assessment.

NGD:    OK

KAM:    They just can't do it.  It's not fair.  Uhm, it would be fair for you to get um an internal resident that doesn't understand what's been going on with this guy.  They, they could, they could.  Actually,  a resident probably could help.  And would be, I mean, basically they don't give up.  They're not, they're not going to make that kind of a decision without information.  But the definition of renal failure

 

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