Nursing home supervisor wants statements to police barred

A former McHenry County nursing home supervisor accused of letting one of her employees act as an "Angel of Death" for at least four patients is asking a court to throw out statements she gave police in 2006.

The defense for Penny S. Whitlock claims state police investigators obtained the statements, some incriminating, by using an unlawful interviewing tactic called "question first, warn later" to violate her Constitutional rights.

"They did not (read her rights) until after they started questioning her, and she was in the control of the police the whole time," Whitlock attorney Nils Von Keudell said.

An assistant McHenry County State's Attorney said the prosecutor's office would respond to the defense claims in writing.

Whitlock, 60, of Woodstock, faces five counts of criminal neglect and two felony obstructing justice charges stemming from a state police investigation into several unusual deaths at the Woodstock Residence in 2006.

The charges allege Whitlock turned a blind eye to intentional and fatal overdoses of morphine given by co-worker Marty Himebaugh between April and September 2006.

Himebaugh, 57, of Lake in the Hills, faces four criminal neglect and two felony drug charges alleging she intentionally overdosed residents of the home. The charges do not allege Himebaugh caused the deaths, though all four died shortly after receiving the dosages.

According to court documents filed Friday, state police investigators interviewed Whitlock in September 2006 while she was attending a nursing conference in Springfield.

Von Keudell says police questioned her for 35 minutes, then read her Miranda rights to her, a tactic he said has been banned by the U.S. Supreme Court. He also questioned why investigators did not record the interview, as they did when they spoke with Himebaugh.

"They did it so they can say what she said, instead of letting the jury hear what she actually said," Von Keudell said.

A police report detailing the interview states Whitlock told investigators that three fellow nurses accused Himebaugh of being involved in suspicious deaths, but she did not believe the claims.

"(They were) petty nurses making petty accusations," Whitlock told police.

She also denied claims she told Himebaugh she could serve as an "Angel of Death" at the nursing home, but admitted instructing another nurse to deviate from protocol for handling dead patients' leftover morphine.

McHenry County Judge Joseph Condon is scheduled to hear legal arguments May 19 on Whitlock's request.