Friday, October 14, 2011

What Did Eric Holder Know and When Did He Know It? GW's Failure to Take Prudent Action

July 3, 1995
3801 Connecticut Avenue, NW
Washington, DC  20008-4530

Mr. Eric H. Holder, Jr.
U.S. Attorney for the District
  of Columbia
555 4th Street, NW
Judiciary Center Building
Washington, DC  20001

RE: Freedman v. Akin, Gump, Strauss, Hauer & Feld

Dear Mr. Holder:

This letter addresses an additional issue of possible interest to the Office of U.S. Attorney, with respect to the above referenced matter.

On January 13, 1993 I delivered to my then treating psychiatrist at the George Washington University Medical Center, Suzanne M. Pitts, M.D., a copy of Akin Gump's Response to Particulars, originally filed with the D.C. Department of Human Rights, which details the employer's reasons for terminating my employment.

Akin Gump's Response to Particulars expressly characterizes my conduct as an employee as "volatile," "violent," "bizarre," and "frightening" to co-workers, and states that I engaged in "occasional outbursts."  The pleading also states that the employer had consulted a psychiatrist who reportedly, identified my ideation as dominated by paranoid "ideas of reference" and who cautioned that I might engage in "violent behavior." According to the pleading the serious nature of my disruptive conduct and disturbed ideation indicated to the employer that immediate termination was the only advisable remediation.

In light of the serious nature of the employer's allegations, which I communicated to my psychiatrist under cover letter dated January 13, 1993, the failure by psychiatrists of the George Washington University Medical Center to contact my former employer seems suspect.  It would seem that both the law and ethical precepts dictate that where a psychiatric patient has been determined by his former employer--in consultation with a psychiatrist, no less--to pose an immediate threat to persons in his environment as a result of a paranoid mental disturbance, the treating psychiatrist, upon being advised of the employer's appraisal of the patient's conduct, should immediately consult the employer to discuss facts relating to the patient's violent propensities and details of the employer's communications with its psychiatric consultant.

Dr. Pitts herself admits in writing that she viewed my mental status as "very aggressive and hostile," yet she took no action to contact the employer or law enforcement officials. 1/

One would certainly hope that in the case of Francisco Martin Duran that had a former employer filed a sworn statement that Mr. Duran's conduct was "volatile," "violent," "bizarre," and "frightening," that a treating psychiatrist, upon being advised of the employer's appraisal, would have contacted the employer or law enforcement.

In view of the above facts, the express and emphatic affirmation by Psychiatry Department Chairman, Jerry M. Wiener, M.D., that neither he nor any of the department's psychiatrists have had any contacts with any attorney managers of the law firm of Akin, Gump, Strauss, Hauer & Feld seems less a disavowal of improper communications and more an admission of GW's failure to take reasonably prudent actions in the management of a patient alleged by a former employer in sworn statements to be paranoid, potentially violent, and unemployable.

In sum, the question I would pose to Dr. Wiener is not "have you discussed my case with my former employer," but, rather, "how could you justify not discussing a case such as mine with my former employer."


Gary Freedman
1/  Compare the failure by my former direct supervisor, Christine Robertson, to contact law enforcement despite her concern that I might be armed and homicidal; and the apparent failure of former House Speaker Tom Foley--now an Akin Gump partner--to contact the U.S. Secret Service despite my letter to him, dated August 27, 1994, stating that I might be a "mass murderer;" and the apparent failure of the U.S. Social Security Administration consultant Paul Yessler, M.D., to alert law enforcement that I had submitted to him a writing stating that I had fantasies about building a bomb.


Gary Freedman said...

August 19, 1993 [afternoon]: I meet with GW psych. department chairman, Dr. Jerry M. Wiener to discuss the letter of complaint that I plan to send to the D.C. Board of Medicine. (I thought that it was appropriate that I meet with a Board Certified Psychiatrist before sending the letter of complaint to the D.C. Board of Medicine, and I had first sought to meet with previous psychiatrist, Stanley R. Palombo, M.D. I learned, however, that Dr. Palombo would be away from his office until Monday August 23, 1993. It was upon learning that Dr. Palombo was unavailable that I arranged an appointment with Dr. Wiener). At my meeting with Dr. Wiener he advises that he has read the letter of complaint, a copy of which I submitted to him on August 17, 1993. He states that the letter is incontrovertible evidence of my paranoia, and that my paranoid preoccupations have crippled my life. He states that he declines to investigate the charges made in the letter of complaint to the D.C. Board of Medicine. Throughout the meeting, Dr. Wiener refers to the letter of complaint, copies of which I have forwarded to various parties, as symptomatic of severe psychopathology. Dr. Wiener refuses, however, to reduce to a writing his comments concerning my paranoid mental state that I could then submit to the U.S. Social Security Administration in connection with my disability claim; he reminds me that I had initially agreed that my meeting with him was in his capacity as Psychiatry Department Chairman and not as a psychiatrist conducting a consultation. We do not discuss Dr. Pitts or my current psychiatric treatment, per se, and Dr. Wiener makes no treatment recommendations, which is consistent with the agreed nature of the meeting.

Gary Freedman said...

See also the failure of GW's Stuart Sotsky to take reasonably prudent action when warranted:

Gary Freedman said...

Notice that the "Re:" line in many of my letters to Eric Holder are styled

RE: Freedman v. Akin, Gump, Strauss, Hauer & Feld

instead of

RE: Freedman v. DC Dept Human Rights

Obviously, I am cueing him to the fact that this is Vernon Jordan's law firm.

Gary Freedman said...

And the USMS claims it was worried about a Wikipedia article????

Gary Freedman said...

Both Paul Yessler, M.D. and Akin Gump's consultant, Gertrude R. Ticho, M.D., were clinical professors of Psychiatry at GW.

Gary Freedman said...

One would expect that Dr. Wiener would be especially sensitive to issues relating to presidential security.