‘Angel of Death’ supervisor acquitted on all counts

A former Woodstock nursing supervisor who was accused of ignoring warnings that one of her subordinate nurses dubbed the “Angel of Death” was overmedicating terminally ill patients has been acquitted on two felony charges that she destroyed evidence and obstructed justice.

McHenry County Judge Joseph P. Condon also tossed out five felony criminal neglect charges earlier this week against Penny Whitlock, 62, because of a lack of evidence.

“The only angel that was here in this case was the Angel of Justice, whose wings were heard beating from Judge Condon’s bench,” said Whitlock’s defense attorney, Nils von Keudell.

The charges stemmed from six suspicious deaths of terminally-ill patients at the Woodstock Residence Nursing Center in 2006. Three bodies were exhumed as part of the 15-month investigation.

Neither Whitlock nor Marty Himebaugh, a nurse who worked for Whitlock, is accused of killing patients.

Himebaugh, 60, of Lake in the Hills, will stand trial separately and faces four charges of neglect, along with charges of obtaining a controlled substance by fraud and unlawful delivery of a controlled substance.

She is due in court on May 24; no trial date has been set.

Phil Hiscock, lead prosecutor in the Whitlock case, said Wednesday’s not guilty verdict would not affect the case against Himebaugh because there are “different charges and different facts” and prosecutors would evaluate the Whitlock case and move forward.

“Hindsight is always 20-20,” Hiscock said.

In his ruling Wednesday, Condon said the key question was whether Whitlock’s orders to other nurses to destroy medications as the Illinois State Police and Department of Public Health investigated was “sinister” or a routine part of running an facility for elderly patients.

Condon concluded it was the latter; a defense expert, Judith Schillace, director of a large nursing home in Niles, also testified that it was routine to destroy medicine after a patient’s death.

Condon also questioned why Illinois State Police investigator Mike Kuba didn’t record an interview of Whitlock.

Condon noted that Kuba frequently had to look at his interview notes while on the witness stand. “It was apparent he doubted his own memory,” Condon said of Kuba. “I can’t make that testimony any more credible than it is. Had that interview been recorded, there would be no doubt.”

Whitlock turned and hugged von Keudell after the verdict.

Outside the courtroom, von Keudell also mocked the words of McHenry County State’s Attorney Louis Bianchi, who was acquitted on misconduct charges last month. After his exoneration, Bianchi said he now knew what is it was like to be “falsely accused” and it was a feeling he would take “to his grave.”

“What Mr. Bianchi does not know is what it’s like to lose your professional license because of false accusations, losing your job because of false accusations, losing your income because of false accusations,” von Keudell said.

If convicted, Whitlock could have faced up to three years in prison. However, her legal troubles are not over.

The families of two of the deceased have sued her, Himebaugh and the nursing home, which has changed its name and ownership.

Steven Levin, an attorney representing the family of Virginia Cole, who died at the nursing home, credited prosecutors for tackling a difficult case because ”they don’t have victims who can tell their story.”

Levin said he was confident the civil case would render a different outcome because there is a lesser burden of proof needed and the testimony in Whitlock’s trial showed the Woodstock residence management knew patients were being overmedicated.

“We firmly believe we will get the families the justice they deserve,” Levin said.