Douglas Kennedy is hitting back against a proposed and failed settlement offered on behalf of the Northern Westchester Hospital nurses he is accused of getting into a January scuffle with over the handling of his newborn son.
"I do not fear picking up trash," he said.
The March 19 proposal, obtained by Patch and other media outlets, was written by attorney Elliot Taub, and suggested Kennedy plead guilty "to a violation of some charge..." which would be in exchange for the nurses, Cari Luciano and Anna Lane, dropping their criminal complaint. It would be coupled with a sentence of community service penalty. A suggested example was to have Kennedy pick up garbage in Mount Kisco or Chapqua "for at least two weeks."
Talking to Patch, Kennedy, who is a Chappaqua resident, added he fears more for "the loss of parental rights."
The terms of the settlement would have included a plea deal to a lesser offense, financial payments to the nurses and apologies from Kennedy, his lawyer and NWH CEO Joel Seligman. It would also contain a non-disparagement clause for all parties.
Attempts to reach Taub, Luciano and Lane were unsuccessful.
Kennedy, who is charged with child endangerment, has opted to go to trial, which he is set for on Oct. 22 in Mount Kisco Justice Court. He has not shown any interest in plea deal scenario.
The proposed settlement included nine terms, some of which were reported Wednesday by multiple media outlets, are the following
- A finding by NWH that federal privacy law (known as HIPPA) was not violated by any nurse "or any Maternal child health staff member of NWH."
- An apology by Kennedy on the Today Show, with Channel 4 reporter Jonathan Deinst moderating. Kennedy, udner the proposal, would admit to wrongdoing, that he violated hospital policy, twisted a nurse's arm during the scuffle and caused another nurse to be "airborne" after kicking her hard.
- That Kennedy was "seeking a courtesy from staff to go around established hospital policy with the help of his personal friend," referencing Dr. Timothy Haydock, a physician at NWH.
- A financial settlement to each nurse. It would be paid "commensurate with each nurse's physical and psychological injuries, pain and suffering, and particulary post traumatic stress disorders." The term adds that the nurses would keep the money amount confidential.
- Pleading guilty "to a violation of some charge in exchange for the nurses withdrawing their criminal complaints previously interposed with the Westchester County District Attorney with a sentence or penalty of community service to be set by the DA and/or Court, preferably collecting garbage daily in Mt. Kisco or Chappaqua for at least two weeks."
- Personally letters, handwritten, by NWH CEO Joel Seligman, to Luciano and Lane. In them, Seligman would apologize "for not communicating his personal concern to Anna and Cari for the trauma that the incident on January 7, 2012 has caused for each nurse."
- "A significant financial contribution" by Kennedy to the Maternal Children's Health Fund. It would be to launch an educational program for parents about the role of child safety seats.
- A non-disparagement clause for each party involved, including Kennedy, NWH, Luciano and Lane.
- A statement from Kennedy's lawyer, Robert Gottlieb, that would be "acknowledging that he slandered nurses, Cari Luciano and Anna Lane." Gottlieb would also have to retract statements he made about the nurses in media interviews, including an allegation that they were the aggressors in the matter.