Enid facility operator names KFOR coverage in court documents, claims employees aren't 'shredding' records
OKLAHOMA CITY (KFOR) - A Motion for a Temporary Restraining Order against the Robert M. Greer Center was filed Friday and exclusively provided to News 4.
According to the motion, a former employee who resigned on January 2 was recently told by two Greer Center employees and one other person that previously suspended employees have returned to work.
“[The previously suspended employees] have returned to work and have been designated to shred documents and confidential information,” court records read.
The former employee also noted while under oath that a Greer Center Human Resources representative is involved in “shredding documents” as well as another employee.
“Liberty of Oklahoma Corporation takes its legal obligation to preserve records very seriously and we strongly deny any allegations of wrongdoing as it relates to maintaining records. We look forward to presenting the facts in court, where this matter can appropriately be resolved with the seriousness it deserves.”
Sue Nayda, Chief Operating Officer of Liberty of Oklahoma Corporation
A spokesperson for Liberty of Oklahoma Corporation sent News 4 their response to the motion. It was filed in Oklahoma County Tuesday.
The Corporation's response alleges a lack of communication from the Plaintiff's attorneys handling this case.
The Plaintiff is currently listed as Jane Doe. A lawsuit filed in December details how her son was a long-time resident at the Greer Center and allegedly endured physical torture such as being severely beaten to the point of bruising.
Accusations of patients with intellectual disabilities being waterboarded and involuntary participants in a "choke and revive" game were also laid out in the lawsuit.
Liberty of Oklahoma Corporation's Response to the Plaintiff's Motion claims none of the named Defendants had been served with the lawsuit as of close of business on January 5.
The Defendants named in this lawsuit include:
- Liberty of Oklahoma Corporation
- Liberty Healthcare Corporation
- Anthony Huhman (Greer Center Administrator)
- Marc Tatro (Unit Program Manager)
- Hugh Sage (Greer Center Administrator)
At 1:14 p.m. on January 5, counsel for Jane Doe allegedly left a brief voicemail for the Defendants' counsel where a follow-up conversation was requested, according to court documents.
The issues brought up in the voicemail were reportedly not related to the Motion for a Temporary Restraining Order.
The Defendants' counsel was "indisposed" due to handling a different client and didn't hear the voicemail until after close of business last Friday.
"Based on internal investigation, it appears there was no effort to communicate to Defendants' counsel that Plaintiff would approach the court to request a [Temporary Restraining Order]," Liberty of Oklahoma Corporation's response reads.
Additionally, the response pointed to KFOR's coverage, more specifically News 4 Reporter, Kaylee Olivas' social media.
The Defendants' attorneys claims the Motion for a Temporary Restraining Order had not been shared with them prior to it being broadcasted on social media.
The claims are "largely false and inflammatory," reads the Response.
The Defendants' attorneys say they were only provided with a copy of the motion after News 4 aired it. The documents did not become publicly available until Sunday, according to court records.
Court records go on to discredit the former employee who, under sworn oath, claimed there was "shredding" of documents.
The Defendants' Response claims that former employee lacks first hand knowledge and only expresses hearsay.
News 4 was also provided with the Plaintiff's Reply in Support of Motion for Temporary Restraining Order.
"Defendants do not deny that they have been actively shredding documents. Instead, they do what any criminal does when it is caught red-handed. They try and deflect attention to something else entirely to take the heat off themselves," the Reply reads.
The Reply added the Plaintiff's counsel reached out to the Defendants multiple times, before, and after filing, including sending Defendants file-stamped copies shortly after filing.
The Plaintiff's attorneys also claim to have offered discussion over the weekend but there was a lack of response.
The shredding of documents allegedly continued until the Motion was served to the Greer Center last Friday.
"They do not deny it," said court records.
There will be a Motion for a Temporary Restraining Order hearing Wednesday at the Oklahoma County Courthouse at 2 p.m.
The hearing is expected to last about two hours. The presiding judge will then rule to either dismiss the Motion or force the Greer Center to cease all destruction of confidential documents.
News 4 Reporter Kaylee Olivas will attend the hearing.