Sun Sentinel Palm Beach Edition

Prosecutor­s ‘strongly disagree’ with acquittal; judge steadfast

- By Rafael Olmeda Rafael Olmeda can be reached at rolmeda@ sunsentine­l.com or 954-356-4457. Follow him on Twitter @rolmeda.

A Broward judge stood by his decision Monday to find a top administra­tor not guilty of manslaught­er in the deaths of nursing home residents who died in intense heat at the Rehabilita­tion Center at Hollywood Hills after it lost power to its air-conditioni­ng system due to Hurricane Irma in 2017.

The decision ends any possibilit­y that someone will be held criminally liable for the dozen tragic deaths. Broward Circuit Judge John J. Murphy III issued his ruling on Friday, days after prosecutor­s finished presenting their negligence case against Jorge Carballo, 65, who was charged in nine of the 12 deaths.

Prosecutor­s cannot appeal the decision, but they asked the judge to reconsider it before jurors are informed about it. Murphy said Monday it was too late — he could not renege on his decision without violating the defendant’s rights against double jeopardy, and even if he could, he wouldn’t.

“There are no points of law or fact that were overlooked in granting defendant’s motion for judgment of acquittal,” Murphy wrote in his ruling upholding Friday’s decision.

Prosecutor­s disagreed.

“We respectful­ly accept the judge’s decision, though we strongly disagree with it,” State Attorney Harold Pryor said in a statement issued Monday afternoon. “I pursued criminal charges related to nine of those [12] deaths because I and my prosecutor­s firmly believed the evidence showed those deaths were the result of culpable negligence.”

Defense lawyers David Frankel and James Cobb argued that Carballo did everything within his ability and authority to alleviate the suffering of those who endured conditions at the Hollywood nursing home, which was shut down in December 2017 following the deaths.

Hurricane Irma knocked out the power to the nursing home’s air-conditioni­ng system, leaving the elderly residents to bear temperatur­es as high as 99 degrees for 62 hours. Twelve people between the ages of 57 to 99 died.

Four people, including Carballo, were originally charged with criminal neglect, but only Carballo had to face a jury. Charges were dropped against the other three, who testified against Carballo, telling jurors they never received the proper training to handle the growing emergency they are facing.

 ?? JOE CAVARETTA/SOUTH FLORIDA SUN SENTINEL ?? Defense attorney David Frankel, left, speaks Monday at the Broward County Courthouse in Fort Lauderdale as Frankel’s client, Jorge Carballo, listens. The Broward County State Attorney’s Office objected to Judge John Murphy III’s acquittal of Carballo, the top administra­tor at a Hollywood nursing home where residents perished after Hurricane Irma in 2017. The motion was denied.
JOE CAVARETTA/SOUTH FLORIDA SUN SENTINEL Defense attorney David Frankel, left, speaks Monday at the Broward County Courthouse in Fort Lauderdale as Frankel’s client, Jorge Carballo, listens. The Broward County State Attorney’s Office objected to Judge John Murphy III’s acquittal of Carballo, the top administra­tor at a Hollywood nursing home where residents perished after Hurricane Irma in 2017. The motion was denied.

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