Douglas Kennedy is headed for a trial in connection with an alleged altercation between him and nurses that i
Village Justice John Donohue set the trial date for Oct. 22, at 9:30 a.m.
Kennedy came to Mount Kisco Justice Court Thursday evening for an update on his charges stemming from the incident, which involve endangering the welfare of a child and harassment, which are a misdemeanor and a violation, respectively.
Kennedy left quickly with his wife, Molly, for their ride. Follow by a group of reporters, he was adamant in his defense.
"It's okay for a father to want to be with his son," he said.
It was a mixed result, meanwhile, in terms of getting materials
On one hand, Donohue granted Kennedy's request to require NWH to produce items relating to its policies on children. They include, an attorney for Kennedy explained, taking a child from the hospital against medical advice, removing the child from the hospital (in general), moving the child with a bassinet.
However, Kennedy was denied some other items, attorney Robert Gottlieb acknowledged during a press conference held after the court appearance. They included medical and personnel records for the nurses, Cari Luciano and Anna Lane.
Gottlieb, at a June court date, relates to the nurses' credibility.
In addition, more video than the surveillance footage given so far of the alleged scuffles was requested. Gottlieb said it was not available.
“We’re told that all video that pertains to us has already been turned over," he said. Gottlieb wanted video from two hours before, and two hours after, the alleged incident.
David Poppick, an attorney for NWH, told the court that they will comply, after Donohue stated his order for the policy information.
The court date was brief, in contrast , in which attorneys for Kennedy and NWH, and a county prescutor argued over a subpoena for personnel and policy records from the hospital.
Gottlieb felt grateful for Donohue's decision.
“To this date, while we’ve heard, time and time again, that Mr. Kennedy violated policy, we simply as of today have not been told what the policy is," he said. "All we ask for–and thankfully the judge granted our application–is for the hospital now to turn over any policy that they contend, allege, Mr. Kennedy violated.”
A planned inspection of the hospital, where the incident is alleged to have happened, is still be discussed between each side, Gottlieb told the press. He mentioned that the hospital has been cooperative.
Asked by a reporter about any hypothetical plea deal or settlement, Gottlieb dismissed the idea.
“The only way to resolve this case is for the charges to be dismissed," he said. "There’s no crime that was committed here.”
Kennedy was met with protest, as with his previous court dates, by members of the New York State Nurses Association. The group reiterates its belief that he should have been charged with a felony. Luciano and Lane during the alleged Jan. 7 incidents.
The group of nurses shouted jeers during the evening and were around him, standing by several from the media, as Kennedy and his wife, Molly, left the courthouse.
"Kennedy, Kennedy can't you see? Assaulting a nurse is a felony!" they chanted.
Asked why the group made another appearance, Eileen Letzeiser, a vice chairperson for the association said, “We want to just keep a presence to the fact that there is a law on the books and our fellow nurses–our colleagues–were injured.”
The group has stated that a law from 2010 makes it a felony to assault a nurse.