Challenge to Incumbent by Appointment, Jo Anne Bernal

Theresa Caballero
Attorney at Law
300 E. Main St., Suite 1136
El Paso, TX 79901
915.565.3550/562.5250 fax

January 18, 2010
Ms. Jo Anne Bernal
County Attorney
500 E. San Antonio St.
El Paso, TX 79901

Re: Debate on Dr. Paul Shrode, El Paso County Medical Examiner

Dear Ms. Bernal:

The issue of El Paso County Medical Examiner Dr. Paul Shrode, his continuing viability, if any, as a credible witness and his lying on his resume and in court about his credentials have become a matter of public discussion. Your office, by and through your employee, assistant county attorney Bruce Yetter, called Dr. Shrode to the stand in a jury trial wherein I represented the mother. Through answers elicited by my cross-examination, your witness, Dr. Shrode, admitted that he did not possess a law degree as he had listed on his resume, and as he had testified to under oath, in open court, on the record. Mr. Yetter personally handed Dr. Shrode’s false resume to the Court and had it admitted into evidence to be given to the jury.
As the County Attorney by appointment only (by a three to two vote, no election), as head of the office that put Dr. Shrode on the stand as a witness when he admitted to having put false information on his resume, as advisor to Dr. Shrode’s employer, El Paso County Commissioner’s Court, as legal counsel to Human Resources that should have but did not check Dr. Shrode’s credentials, as employer to assistant county attorney Holly Lytle who had a part in the selection of Dr. Shrode, as a person subject to the El Paso Ethics Commission, as a person seeking to advise such Commission and as a public official who has taken the public position that Dr. Shrode claiming to have credentials that he does not have is nothing but “puffery,” I invite you to a debate on the issue of El Paso Medical Examiner Dr. Paul Shrode. As we are the two main protagonists in this matter with diametrically opposing opinions on the applicable law, on the ethics and on what is in the best interests of this community regarding Dr. Paul Shrode as Medical Examiner, I challenge you to join me in writing competing op-ed pieces on the issue. Should you accept the challenge, I would ask that you join me in requesting of Mr. Edgren of the El Paso Times that he publish the pieces so that the community gets the benefit of both of our views on this most important of matters.
Please respond in writing to my address by Wednesday, January 20, 2010. Or you may call 241.8418. I look forward to this debate.

Sincerely,
Theresa Caballero




Comments

Posted by BMF  
on January 18, 2010, 6:03 pm
Please keep us posted on JaB's response.

Pretty funny editorial this weekend by Chris Lopez. I guess they believe their own lies after so many years of writing their own stories in the EPT!

I'm sure they went down there to, wink wink and let the Times know that Schode was a "good guy" so you need to lay off him; the typical El Paso way. Good for the Times in letting them know that good guy or not the guy lied on his resume and there are consequences to lying (At least for us normal folk)!!

I mean what is not "news" about the HIGHEST paid county employee lied to get his job!! I wonder if his $250,000 includes his health and retirement benefits? I'm sure you can add another 50k if you include those which brings us to $300,000 of our tax payer money and the paper needs to "lay off"? Give me a break.

Hard to imagine there are those with ego's so large (Escobar, Bernal, Esparza and the rest of the ilk) that they will stand by a guy that has committed perjury how many times? Last time I checked when you put your hand on the bible and swear to tell the truth...... and then lie, that is perjury. So where are the charges???!!??? El Paso is Mexico junior. The corruption here is beyond our wildest imagination. In fact I think El Paso is more corrupt than Mexico because Mexicans pretty much acknowledge their government is corrupt and in El Paso we pretend it is not. This sh** wouldn't last five minutes in any REAL city in the United States. If Schrode worked for the City of Austin he would be gone in 5 seconds and every politician this side of the Mississippi would be distancing themselves from him.

Elect TC and end the days of "good guys" and may the RULE OF LAW PREVAIL!!

Reply to this comment
Posted by Carl Starr  
on January 19, 2010, 9:55 pm
States News Service

April 29, 2009 Wednesday

MEDICAL BOARD OF CALIFORNIA REVOKES LICENSE OF FORMER CARLSBAD PHYSICIAN

BYLINE: States News Service

LENGTH: 614 words

DATELINE: SACRAMENTO, CA

The following information was released by the Medical Board of California:

The Medical Board of California revoked the license of former ophthalmologist Seymour P. Kern, effective April 27, 2009, after a charge of dishonesty, gross negligence, and incompetence. "The mission of the Medical Board is public protection, and this action reflects the Board's ongoing commitment to that mission," said Barb Johnston, executive director of the Medical Board.

In November 2004, Medical Board received a complaint, accusing Kern of making false statements when he was hired as an expert witness in a malpractice case against him. The Board filed an Accusation on May 18, 2006. In addition, Kern made a number of false statements in his resume and on his Web site that were brought to his attention during an interview with Board staff. Kern assured a Medical Board investigator that he would remove the false statements from his Web site and resume. He did not, and his failure to do so was part of the evidence presented during his hearing.

The Medical Board's Accusation alleged that Kern violated Business and Professions Code sections 2234(e) in that he committed dishonest or corrupt acts when he lied under oath, and for dishonest statements in his resume, which were published on his Web site; 2234(b) for gross negligence in making untrue and misleading statements under oath; 2234(d) for his lack of basic medical knowledge; and 2234 for engaging in unprofessional conduct. Kern was not qualified to testify as an expert witness in Lasik surgery, he misrepresented his qualifications, and then gave testimony completely unsupported by the medical community or current literature. These dishonest acts were substantially related to the qualifications, functions, and duties of a physician and surgeon.

The Boston Globe

August 14, 2000, Monday ,THIRD EDITION

Information from the Associated Press was used in this story.;

FALSE CREDENTIALS WORRY HEALTH CARE INDUSTRY RECRUITERS WORKING TO SPOT DECEPTION

BYLINE: By Anne Barnard, GLOBE STAFF

SECTION: METRO/REGION; Pg. A1

LENGTH: 1440 words

The brilliant outsider who lacks the right pedigree but bluffs a way into success is almost as much an American icon as the Horatio Alger hero who rises from humble origins by following the rules. Resume-bluffing is often viewed as a victimless crime, something "everybody does," job recruiters say.

Yet, claiming false credentials or omitting negatives from a resume can have real, harmful consequences, say physicians, headhunters, and educators. The harm, they say, ranges from the physical, such as subjecting patients to treatment by phony doctors, to the intangible, such as devaluing the sacrifices of people who honestly earn degrees.

Sullivan said the Massachusetts medical board disciplined 17 doctors between 1995 and 1999 for embellishing credentials - nothing nearly as extreme as faking a medical degree - or failing to disclose disciplinary actions or malpractice lawsuits against them. The doctors were fined between $2,500 and $5,000 as part of the board's mission of "protecting the public," she said.





Reply to this comment
Posted by Xnibblet  
on January 22, 2010, 3:29 pm
Once again Bernal seems to be defending the right to lie on a resume and get rewarded with the highest paid salary in the county, and then in the same sentence deny it. Not a word came from JOse Rodriguez nor J. Bernal.

Bernal, Rodriguez, Esparza, Escobar, et. al. seem to enjoy the status quo of corruption and cronyism or passing the baton to the friends of the leading corrupt Democrats. Sure there are corrupt Republicans, but in this city, we have an overwhelming majority of Democrats allowing criminal acts to take place, including the ones listed above.

It was interesting to hear Bernal, in a short interview by her big fan, Jaime Abeytia, want-to-be dominating radio personality, how she set policy on immigration done by the sheriff. Not a word came from Jaime Abeytia about the conflict of setting policy as an assistant county attorney.

When is it the responsibility of the assistant county attorney to set policy? Isn't that the work of Legislature?

The Ethics Commission at the county is supported big time by Bernal. But isn't there a big ethics problem when a county attorney, who has set policy before, wants to sit on the ethics commission to help determine the direction of the commission by being involved in setting policty?

Ethics with these elite, crony Democrats (Progressive or Statists) do not apply to them, just everybody else, as they are above everyone else by word (but not over deed).



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