The Tucson Weekly Does Not Suffer Complaints Lightly.
By The Editors
To the Editor,
I have been retained to represent Dr. Richard Carmona in connection
with the libelous and malicious statements published in your paper's
May 7, 1998 edition (Volume 15, Number 10).
Pursuant to A.R.S. 12-653.02 demand is hereby made that you immediately
publish a correction in substantially as conspicuous a manner
as the following libelous statements you recently published in
reference to the home health workers and Dr. Carmona's status
with the Sheriff's Department:
"(Many of them have asked for anonymity because Carmona
has declared his intention to retaliate against dissidents.) [At
page 16]
and,
("although he's not a commissioned deputy, he loves to use
the title;)" [At page 16.]
These statements have caused significant harm and failure to
correct them will only enhance the damages for which you will
be held responsible.
--Silas H. Shultz
Shultz & Rollins, Ltd.
Attorneys At Law
Correction
THE TUCSON WEEKLY does not suffer these complaints
lightly, especially when they come from such an important, highly
paid public official as Dr. Richard Carmona.
However, we must confess that we noted with concern that Carmona's
attorney in this matter is partners with attorney Michael Rollins,
chairman of the Kino Hospital Advisory Board and a member of the
self-perpetuating County Health Commission, also the subject of
Mr. Franzi's article. In our opinion, such concentrations of unelected
public and private power ill serve our democratic form of government.
Furthermore, we must now question whether Rollins' involvement
with public health issues is prompted by something beyond the
admirable goal of serving, pro bono, a desperate segment
of the populace.
How much is the law firm of Shultz & Rollins, Ltd., charging
Carmona for this pitifully transparent attempt at bullying critics
of his public performance? Or does the firm make up for such minor
tasks in other ways?
Also, it's interesting--to us, anyway--to note that Rollins represented
Carmona in his successful lawsuit against Tucson Medical Center
for wrongful termination, in which Carmona received a reported
$3.9 million settlement and the records were sealed.
Are we now to assume that Carmona benefited from Rollins' tort
work so greatly that the good doctor felt impelled to lobby on
behalf of his private attorney for a position of influence within
the public's medical system? If so, to what end? Does the fact
that the two men have had some success in their joint effort against
TMC qualify Rollins to chair the Hospital Board? Or does Rollins
merely bow to Carmona's dictates in these public matters? Is there
some sort of mutually beneficial teamwork going on here? Hey,
are they partners in outside business ventures as well?
At this point we simply don't know. But now that Rollins and
Carmona's involvement in the important public business of healthcare
for the needy has come to our attention, these are legitimate
areas of inquiry which we at the Tucson Weekly feel obligated
to pursue--bullying suit or no bullying suit. Save us some effort,
Shultz & Rollins, and kindly send us a full accounting of
your firm's billings, if any, of governmental and quasi-governmental
agencies for the last five years. Rest assured we'll be calling
you with additional questions in the near future.
SADLY, CARMONA, WHO has been described in at least one
press account--over which, as far as we know, he did not sue--as
not a team player, is known for penning blustering NastyGrams
in an attempt to bully opponents, real or imagined.
Local union official Wayne Bryant, currently a 5th District congressional
candidate, received one such missive not long ago. His "offense"
was meeting with and counseling Pima County's Home Health workers
upset about a potential $4 pay cut from their then-rate of 10
lousy bucks an hour.
During the meeting some workers alleged that Home Health managers--not
Carmona--had threatened them and warned them not to complain about
the potential cut. One of the workers reportedly made a vague
joke about sexual harassment, which Bryant says he answered by
detailing, in general terms, what any worker should do if confronted
with that problem. According to Bryant and several workers present,
nobody mentioned Carmona specifically during this exchange, nor
were any of the comments apparently meant to refer to Carmona,
directly or indirectly.
Nevertheless, Carmona sent a letter to Bryant's boss, Ray Carter,
threatening to sue Bryant, claiming Bryant was engaged in a "conspiracy
to disseminate false information to discredit me," adding
he had notified the County Attorney's Office.
Bryant's attorney responded with a letter demanding Carmona retract
all of his "defamatory remarks" and apologize for his
"insolent behavior"--neither of which, at this writing
at least, has occurred. Bryant's attorney, M. David Karnas, threatened
to sue Carmona for libel and slander if Carmona didn't apologize.
Needless to say, Mr. Karnas, it's a court case we'd feel obligated
to cover.
AS TO THE specific demand for correction of The Weekly's
statement that "Carmona declared his intention to retaliate
against dissidents"--sorry, but we can't oblige.
If Carmona had only read the sidebar article of May 7, this brilliant
physician, whom one would assume must be alert to the slightest
nuance and detail, would have found the following, taken from
his own memo to Bonnie Osukup, Home Health administrator:
"If certain Home Health workers continue to maliciously
and falsely spread rumors and call clients and the press in hopes
of discrediting us and/or destabilizing our organization, I will
be forced to transfer patient services to other providers in the
private sector in order to protect our patients' interests."
This paragraph, in our opinion, complies with any rational definition
of "retaliation." In simple terms, Carmona appears to
be saying, "Shut up, or lose your jobs." In his own
words, Carmona sets himself up as censor, jury and executioner
over employees and a program which for years have admirably served
Pima County's poor, ill and elderly. Certainly we don't pretend
to posses Carmona's exalted degree of higher education, but to
our simple minds, at least, this appears to be nothing more than
bald-faced arrogance.
In our humble opinion, Carmona's words reveal a dictatorial personality
who is far too enamored of the private sector to adequately perform
his duties as an administrator in the public, non-military sector,
where people still have rights--including the First Amendment
right of free speech.
FINALLY, WE DID make an error when we stated that Carmona
is not a commissioned Sheriff's deputy.
We're told he attended some classes at the Arizona Law Enforcement
Academy on his own schedule and "in an informal manner,"
and that he worked "one on one" with specific instructors
in some cases. In such a manner, he earned his certification from
the Arizona Police Officer's Standard Training (POST). And the
admiring daily press has referred to him as a "part-time
homicide detective."
In fact, Carmona may be the only reserve deputy with a private
office at Sheriff's Department headquarters. The words "Deputy
Richard Carmona, M.D., Sheriff's Surgeon" are on the door;
we're told he's also sent a letter to at least one public official
in which he's used the title "deputy."
Frankly, in light of his demand for correction, an indication
of the utmost seriousness with which he takes his titles, we're
now wondering just how to refer to this protean champion of the
public weal with the proper level of respect to which he apparently
feels he's entitled--Dr. Deputy Carmona, perhaps?
Dr. Deputy Carmona is paid $180,000 a year for his county health
work, but he has already paid a considerable price for his law-enforcement
service. In 1988, while dressed in SWAT equipment, and depending
on who you talk to, he managed to:
- shoot himself; or,
- get shot by "friendly fire"; or,
- get shot by a suspect.
Again depending on who you talk to, he was wounded in the:
- foot; or,
- buttocks; or,
- what some press reports at the time referred to as, "the
thigh," or "leg."
Whatever--we thank him for his selfless sacrifice on the public's
behalf.
And out of respect for this man who, by his own admissions as
well as press accounts is a...
...son of alcoholics, former youth-gang member and one-time high-school
dropout who has pulled himself up from his start in a bad Harlem
neighborhood to become a Green Beret medic wounded three times
in Vietnam; medical school valedictorian and commencement speaker
(USCSF); life-saving trauma surgeon (board-certified, no doubt)
who has delivered professional papers all over the country, and
who speaks at high-school commencement exercises whenever he can;
associate professor of surgery at the UA, and physician/consultant
at the UA Student Health Services; consultant and faculty member
at the Uniformed Services University of Health Sciences in Bethesda,
Md.; physician to the Senior Olympics; chairman of the Pima County
Emergency Planning Council; medical director for Rural Metro Corp.;
surgeon for DPS and Southern Arizona Air Rescue; 1994 Pima County
Medical Society Physician of the Year; Department of Public Safety
Medal of Valor winner (for an heroic helicopter rescue mission);
former SWAT Officer of the Year for the United States and Canada;
as well as one whose life has been considered for the ultimate
honor American culture can bestow, that of possible subject for
a Hollywood movie...
...we will refrain, until a more appropriate time, from opining,
in purely general terms, of course, on the appropriateness of
a sworn healer storming around in the line of fire with a loaded
gun--instead of, say, hanging back, if even just a wee bit, with
a well-stocked medical bag--during tense situations involving
armed, seemingly deranged civilians and other commissioned law-enforcement
officers.
As far as we know, there is no mandate that a SWAT medic must
be a commissioned deputy and carry a gun, so the impetus for Carmona
to do so is somewhat puzzling to us mere mortals. Suffice it to
say the Tucson Weekly regrets the ego, er, error.
Oh, and by the way, Dr. Deputy Carmona, again with all due respect,
sir, you might want to inform your private/public lawyer cronies
the Arizona Supreme Court has long since struck down as unconstitutional
the statutory requirement for a demand-for-retraction letter as
a means of establishing the right to damages in a successful libel
case. Why waste your extremely valuable time and our much-less-valuable
time? Next go-'round, please feel free to have them proceed directly
to court, because--God help us--we actually enjoy the deposition
process, despite its annoying oath to tell the whole truth, and
all.
And, sir, to hell with that wussy sealed-records crap.
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