Press Release

For Immediate Release- December 20, 2006

For further information contact

Attorney Bob Bennett; 713-225-6000

Local Counsel: NOE' DOMINGO  GARZA   JR. -(956) 544-2911

CAMERON COUNTY DISTRICT ATTORNEY HIDES FROM AGREEMENT

Assistant District Attorney Cynthia A. Maldonado refused to honor an agreement reached by Pastor Daniel Hayes and Assistant District Attorney Michael Kiesel concerning Medicaid billing.  Starting in the summer of 2005, Pastor Hayes was contacted by the State Attorney General Office of Inspector General concerning billing questions  at a medical clinic, Family Medical Center, Pastor Hayes helped administrate. Information was provided to the OIG's Office and the representation was made by the Government that Pastor Hays nor any associated business was the target of an investigation.

Almost another year passed when in March of 2006, a new investigator, Richard Hill asked to interview Pastor Hayes. This request was honored and on March 16, 2006, Pastor Hayes and his counsel, met with Hill and another investigator in McAllen. All the questions asked at the meeting were answered and additional documentation was furnished to show that Pastor Hayes was not involved in any type of criminal behavior. This information  furnished to the government included the following:

1. Hayes spent 8 years in the United States Army and was honorably discharged. He served as a medic in Vietnam under combat conditions.

2. Upon completing his military service, Hays received his B.S. degree in Nuclear Medicine Science from Incarnate Word University - San Antonio,Texas.  While in college, Hays worked as a medical assistant in the Bexar County Intensive Care Unit applying the education and training he received in saving soldiers in Viet Nam.

3. Hayes was licensed by the State of Texas as an LMRT-licensed Medical Radiological Technologist.  He continued his training at the Ultrasonic Diagnostic Institute in Dallas, Texas.

4. Hayes continue in the medical field and worked at the Bellaire Hospital in Bellaire (Houston, Texas) from 1985 to 1997. He started with this medical institute as a technician in the Nuclear Medicine Department and was promoted to the position of Technical Director of the Bellaire Hospital Imaging Department at the time he left the hospital. After leaving the Houston area his corporation, D&M Health Management operated the Family Medical Center in South Texas.

In April of 2006, Hayes through his attorneys provided additional answers to questions the  government had.  Investigator Hill confirmed that no case would be presented to any grand jury until Hayes had the opportunity to explain his side of any disagreement over billing and medical procedures. Hayes informed Hill that he intended to continue to cooperate fully with the investigation and any further questions should be directed to his attorney, Bob Bennett. Assistant Attorney General Christen Sorrell (512) 371-4739 complimented Pastor Hayes in a letter dated May 1, 2006 by stating: "...thank you for the information you and your client, Mr. Arthur Hayes, have provided thus far to Investigator Hill."  Sorrell stated that she appreciated Hayes willingness to cooperate with the investigation.

Shortly after Sorrell became involved in the investigation, she was informed by letter dated  May 9th, 2006 that Pastor Hayes denied any inappropriate behavior around any patient at any time and specifically during the time of the summer and fall of 2002. That no patient  or parent had ever complained to him or the other  medical personnel, the Texas Medical Board about any inappropriate behavior. There had been no false billing and that he had never presented himself as a medical doctor to any patients or others at his clinic. Hayes asked the government to produce any documents or statements that he had done anything wrong. Nothing was produced.

During the summer of 2006, it came to Pastor Hayes attention that Investigator Hill and Investigative Director Bob Whitney were contacting former patients of the Family Medical Center to determine if medical procedures had been performed at the Clinic. By falsely and inaccurately wording questions, the investigators asked parents if  they would have allowed sonograms and accepted medical procedures to be done if the person doing the procedures was not a doctor. Being pressured by the investigators to answer, the parents, of course, said that they thought the person doing the sonograms. The investigators did not explain to the patients that Hayes and other technicians were allowed to do these procedures as if a medical doctor was on the premises and had ultimate supervision of the procedures. Many individuals who were interviewed did not speak English and did not know the difference in a medical technician and a medical doctor.  If a question is posed such as: "Would you prefer a doctor or a non-doctor to do a medical procedure?", the answer is predetermined.

As the summer progressed, Sorrell received  a binder of material concerning Hayes side of the story.  In this binder, Hayes included an Affidavit from Dr. David Rutledge's wife that Doctor Rutledge went to work for the Family Medical Center in the summer of 2001. During the time Dr. Rutledge worked, Mrs. Rutledge swore that Hayes never held himself out as a physician. He was never referred to as Dr. Rutledge by the staff or patients. She was aware that under Dr. Rutledge's license, and as is acceptable by Texas State Law, minor medical procedures such as drawing blood, diagnostic ultrasound, and x-rays were performed by technicians under the physicians supervision. Mrs. Rutledge some times spent the entire day at the clinic with her husband and Hayes. With Dr. Rutledge, Hayes assisted  the doctor with minor procedures such as gathering a medical history and trimming toe nails.

In the statement provided to the State Investigators, Mrs. Rutledge swore that Pastor Hayes was  " a man of excellence and integrity."  She further stated that Dr. Rutledge did not give any information  to the investigators that showed that Hayes had done anything wrong. She did say however her husband had been intimidated by the government investigators. In correspondence, Dr. Rutledge stated  to Hayes: " It has been a joy working with you over the last few years. Your honesty and integrity are second to none."

These same investigators were informed by patients Pat Graham, Josie Huerta, Diana Hinojosa, Santa Castillo, Secundino Castillo, Petra Arellano,Yvonne Kincaid, Maria F. Rodriquez, Yolanda Zepeda, Angellito Castillo,Yaura, Hernandez, Juana Romero, Erika Cantu, Maria Delgado, Eucendina Marquez, Antonia Lopez, Ruth Vidana, Antonio Vidana, Lidia Navarro, Marta Navarro, that Pastor  Hayes had never acted inappropriately around them, had never done an inappropriate pelvic examination or breast examination or held himself out as a medical doctor. Bill Debrooke who leased the property to Pastor Hayes swore that he had never heard Hayes  refer to himself as a medical doctor or anyone else use a medical doctor designation around him. The same is true concerning CPA Rolando M. Flores, 729 North Ware Road, McAllen, Texas who prepared the tax returns for Hayes. Over the years Flores has had a professional relationship with Hayes he has "never known him to hold himself out as a medical doctor, nor have I ever heard him refer to himself as "Dr. Hayes". He further swore in a statement provided to Sorrell, Hill, and Whitney that CPA Flores had never heard any other person refer to Daniel Hayes as a medical doctor.

Former medical clinic employees Elaine Rodriguez, Cynthia Montemayor, Mara Padilla, Marcelina Pon, Maribel Hernandez,Brenda S. Villarreal, Erasmo Veirquez, Ann Salazar,  and Nora G. Pizano provided statements to Sorrell, Hill, and Whitney that Pastor Hayes never presented himself to patients as a medical doctor , never was referred to as Dr. Hayes, never acted inappropriately around patients, and  was always supervised by a medical doctor to the best of their knowledge.

In the early fall of 2005, Assistant District Attorney Mike Kiesel entered into an oral agreement that was confirmed by correspondence that any presentation of the " Hayes" case would provide for a defense presentation so that the Grand Jury would have the benefit of both sides. To confirm this agreement a letter was sent to Kiesel on October 9th, stating:

"During our telephone conversations, you also agreed [that] if law enforcement were to bring a case for your review, you would allow The Bennett Law Firm to present information regarding any allegations to you, prior to you presenting any criminal allegations to the Grand Jury. This was also confirmed by Norma, an assistant in your office."  This letter and the other exculpatory material was in the Cameron County District Attorney's File when the case was secretly transferred from Kiesel to Maldonado.  On July 18, 2006 contrary to the representations of Kiesel, a grand jury charged Pastor Hayes with sexual assault who had visited the Family Medical Clinic numerous times.  Almost six months later on December 13, 2006 a second indictment was returned.

Maldonado confirmed that she had received all of the sworn affidavits in a three ring binder from patients, employees, the clinic landlord and CPA. If her file was complete she also had the letters  concerning the agreement with Kiesel. Despite this information, when questioned about the agreement to allow Hayes to make a presentation she said, " that was the agreement with Kiesel - it was not an agreement with Me."  The prosecutor also gave no justification for setting a bond at $200,000.00.  It is noted that Pastor Hayes race, an African-American was used in the investigation and that he believes this may be one of the reasons for the reneging on the Cameron County District Attorneys Agreement. Both the FBI Civil Rights division and the NAACP have been notified about the racial overtones of the case, and requested to commence their own investigation.  Hayes is not a flight risk, has operated a business in the McAllen - Harlingen area for many years, and has employed numerous local residents. He has served as the pastor of Harlingen's Corinth Baptist Church, is married and

All persons who have received treatment at the Family Health Clinic or have had agreements rescinded by the Cameron District Attorneys Office are requested to contact counsel for Pastor Hayes. Individuals who also know Pastor Hayes reputation for truth and veracity are also asked to call.

Robert S. Bennett
The Bennett Law Firm
The Lancaster Hotel Center
Suite 200
515 Louisiana St.
Houston, Texas 77002
Phone: 713-225-6000
fax: 713-225-6001

www.bennettlawfirm.com
www.bennettlawfirmmed.com

Certified in Consumer and Commercial Law by the

Texas Board of Legal Specialization

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