Women plead not guilty today in nursing home deaths
A former nursing home worker labeled an "Angel of Death" in criminal charges filed this month formally pleaded not guilty Thursday to allegations she gave dangerous doses of morphine or other drugs to four patients who later died.
Marty Himebaugh, 57, of Lake in the Hills, asked for a jury trial on six felony charges that stem from a state police investigation into a spate of suspicious deaths in 2006 at the Woodstock Residence in Woodstock.
Himebaugh, at the time a nurse in the home, is not charged with killing the patients, but instead giving drugs either without a prescription or in doses larger than prescribed. She faces four counts of criminal neglect of a long-term care facility resident and single counts of obtaining a controlled substance by fraud and unlawful distribution of a controlled substance.
Her attorney, Sam Amirante, said Himebaugh is innocent and will contest the charges.
"She's a very nice lady who has dedicated her whole life to helping people," Amirante said. "There is no way she would hurt somebody intentionally or through neglect."
Appearing in court with Himebaugh Thursday was her former supervisor and now co-defendant Penny Whitlock.
The home's director of nursing, Whitlock became aware of Himebaugh's actions in 2006 and told her she "could continue to play the Angel of Death in the facility," according to indictments issued earlier this month.
Whitlock, who is charged with four counts of criminal neglect of a long-term care facility resident and two counts of obstructing justice, told another employee to destroy evidence to impede the state police investigation, the indictment claims.
The 58-year-old Woodstock woman also pleaded not guilty Thursday and asked for a jury trial.
"Like anyone charged in a criminal case, she's upset," her attorney, Nils von Keudell, said. "She has entered a plea of not guilty and I'm going to vigorously defend her."
The defense likely will start with motions by both women claiming prosecutors are misapplying the criminal neglect statute and asking that the indictments be dismissed.
"The statute doesn't apply to either nurses or doctors acting within the scope of their professional judgment and within acceptable standards of care," von Keudell said.
Acceptable standards of care, however, may be a key phrase for prosecutors.
"Their argument assumes that they were doing things the right way," Assistant McHenry County State's Attorney David Johnston said. "We're alleging they were endangering people."
Authorities arrested Himebaugh and Whitlock April 4 after a 15-month investigation that started with allegations of mercy killings at the 115-bed nursing home. Police exhumed three bodies during the investigation.
The charges involve four patients, one woman and three men, who are now dead. Authorities have declined to say whether they believe the patients died as a result of drug overdoses, but their death certificates cite natural causes.
Both women are free on $5,000 bond and scheduled to return to court May 29 for a pre-trial status hearing. Each could face up to three years in prison if found guilty on any of the charges.