Jan Goldsmith For City Attorney » attorney general

Granny Cams: Is It Legal To Monitor Your Loved Ones In A Nursing Home?

admin — Sat, 17 Jul 2010 20:55:32 +0000

We’ve all seen the television news magazines exposés on babysitter surveillance (also known as “nanny cams”). But more and more, unfortunately, the news pieces are likely to feature “Granny Cams” instead.

As the U.S. population ages, more people are headed to nursing homes or have regular home health care. And, just as children are in a vulnerable position in relation to their caregivers, nursing home patients are likewise vulnerable and unable to fully communicate. A camera may be just what you need to put your mind at ease.

Supporters of the nursing home cameras believe that they could weed out elder abuse by nursing home employees as well as document poor care and neglect. Not surprisingly, nursing home owners believe that this surveillance is an invasion of privacy of residents and staff.

Is the use of a “granny cam” the same, under the law, as a “nanny cam”? Can it lead to civil lawsuits or a criminal investigation or charge? Unfortunately, the law in this area is not uniform across all 50 states and many of the legal issues have not been dealt with yet by the courts. You will probably need to have a specific conversation with a licensed attorney in your area to determine how to approach nursing home surveillance.

Just as with nanny cams, visible video cameras (not hidden in any way) are generally not illegal if they are in a non-private place. If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction.

Hidden cameras are a little stickier. There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons. A nursing home bedroom would probably make the list as well. Most states now have laws similar to the federal laws.

In the case of a “granny cam” though, some additional concerns are raised. The two issues often raised in this situation are (1) the ability of the nursing home patient to consent to the surveillance and (2) the privacy of any roommate.

If the patient has not been deemed incompetent by a court, he or she may be able to legally consent to any recording. If the patient is less than competent for any reason, a legally-appointed guardian or attorney-in-fact (someone given authority by power of attorney) may be able to give consent. In some states, consent by someone other than a competent resident may not be adequate to support the recording.

The second issue is a privacy concern. Many nursing homes have double rooms. In that case, it is the best practice to obtain written consent from any roommate or legal representative of the roommate. The surveillance could very well record the dressing and undressing of both patients as well as bathing and medical treatments.

The state attorney general in New York has used hidden cameras (with the consent of the patient’s family) to record and prosecutor elder abuse. A few other states (New Mexico and Texas) have specific laws which provide the requirements for use of a “granny cam”. The factors include notification of the nursing home of the use of the camera and consent of any roommate or representative of the roommate.

Although some states, like Virginia, have adopted nursing home licensing regulations which cover video surveillance, most states have not passed specific legislation regarding nursing home surveillance. The resident (or, more likely, his or her family) must perform the installation and pay for any maintenance costs.

Ultimately, your goal with a granny cam surveillance system is to prevent any abuse or neglect of your loved one – and not to catch an employee perpetrating a crime upon the patient. So, you may be best off considering a heart-to-heart conversation with the facility administration about your desire to perform surveillance. And don’t forget to talk to your loved one’s roommate or his family about obtaining consent from them as well.

Special,fabricated,moulded,modified,preplanned,bogus Case Upon Khalid Awan Innocent Canadian

admin — Mon, 21 Jun 2010 12:30:59 +0000

Dear Sir / Madam

I am 46 years old, Canadian citizen and native of Pakistan (Muslim). I was an immigration consultant in Canada and as part of my business; I had an office in New York.

During 2001 immediately after the Sept 11, event the US govt arrested me on Oct 25, 2001 on anonymous call, as a material witness for the 9/11 world trade centre terrorist attack. A detail investigation by the FBI and USA Naval intelligence dept was conducted and I was cleared, but even then govt put me in front of Grand jury, and I was cleared and the case was dismissed by the Grand jury of the US Federal Court.

Approximately after 2 weeks , before I was released from custody the US Govt imposed a new charges of Fraud and money laundering , under the advice of my attorney , I pleaded guilty and I was sentenced to prison for five years (which was four years more, what I pleaded). In which I had already spent 3 years in Detention jail, during the case , I had about 14 months left to finishing my sentence ,(instead of appealing, I preferred to applied for Treaty Transfer to Canada, because if the case is in the appeal, defendant is not eligible for transfer back to his home country).

While at prison, I learned from the case manager Miss House, that my citizen was incorrect in the FBOP’s (Federal Bureau of Prison) computer system as Pakistani instead of Canadian.

Its important to note , that all of my Canadian identifications (passport , citizenship card , S.I.N , Health card , Driving license etc) were under FBI’s possession, with a great deal of concern, I wrote a letter to the Canadian Consulate in Buffalo, N.Y to notify such mistake and requested them to fix this problem. This is especially important for Treaty Transfer back to Canada.

The Canadian Consulate official sent a letter to the jail to correct my citizenship status, however FBOP ignored the request and the citizenship status in the FBOP computer still reflect Pakistani instead of Canadian (Note: – I would be required to obtain visa to visit Pakistan) .In contrast, the deportation letter received from US Immigration dept, Contained the correct citizenship status of Canada.

At the hindsight, I believe that the FBOP intentionally left the citizenship as Pakistani, so that they could retained me at their facility, while the govt is planning to file new charges against me 3rd time.

Approximately six weeks before my released date on Jan 30, 2006 I was notified by the FBOP that I was being transferred from Ellenwood, PA to MDC (Metropolitan Detention Centre) in Brooklyn N.Y, it was explained to me, that the purpose of this transfer was in preparation for deportation back to Canada, (after few days, I signed the immigration deportation papers, with my consular Miss Chen).

But immediately after my arriving to MDC Brooklyn, I discovered during a phone call with my family in Montreal, that RCMP (Royal Canadian Mounted Police) official had contacted my sister and brother-in-law regarding the whereabouts of my wife and my current situation, there was no explanation given by the RCMP official to the purpose of the call and he left his phone number and asked my wife to call him back immediately, my wife called the RCMP official and left messages in his voice mail. Then the official contacted my brother-in-law again and had asked him to tell my wife not to call again, because there is nothing good nor anything bad.

Meanwhile the AUSA (United States Attorney) office Investigator and FBI brought me to their office to be interrogated without an attorney present, even AUSA told in the court to the judge on March 16, 2006 that he arranged attorney for me before my arrival from Ellenwood PA to MDC Brooklyn, N.Y, on Transcript; page 11, Transcript line No: 14 to 23.

AUSA: – He (Khalid Awan) was writ in the cause of a grand jury investigation. He clearly had criminal exposure. So to protect his interest I made an application to the duty magistrate for counsel to be appointed.

THE COURT: – Initially he was brought here by a Court to testify before the grand jury?

AUSA: – That is correct, Your Honour.

THE COURT: – When he arrived here, you made arrangements for an attorney to be pointed to request him?

AUSA: – Yes, Your Honour.

This interrogation started with the AUSA office Investigator stating that my family will be arrested in Canada if I refused to answer their questions.

At this point I am certain that my family is in great danger for reasons that I am not aware of. I was scared that my family would be harassed by these people along with the Canadian RCMP official; I strongly believe that the RCMP is doing this intentionally in collaboration with FBI official to further harass me to admit charges that I never committed.

Without knowledge of the reasons why the Canadian RCMP agency was involved. I was surprised that RCMP official directly approached my family instead of me without proper explanation, and its also shocked for me, that how RCMP got the phone number of my family (because before my arrest, I don’t have any single record in any police dept, of any country).

I was intimated and pushed to the edge during this interrogation; I was determined to provide anything these USA officials wanted to make them happy even is the questions made no sense, because I want them to stop the harassment to my family.

On March 15, 2006 I completed the term of my imprisonment and was to be released from American Custody and deported back to Canada. Before that I was arrested again 3rd time, and charged with providing “material support to a foreign terrorist” and money laundering (to an organization and person, which are not designated by the USA govt and belongs to Sikh religion).

These charges emerged while I was still in prison and without the capability of providing any type of support. It was even difficult for me to get enough financial assistance to pay legal fees. I could not have provided any material support while I was in prison for five years and I could not launder any money because I did not have any.

AUSA filed three counts of indictment against me.

Conspiracy to provide material support.

Provide a material support to the foreign terrorist.

Money laundering to support terrorism.

(Please note, that in my previous case govt charged me for money laundering and fraud from Jan 1999 to 2002 and “its mentioned in the plea-agreement by the AUSA that no further money laundering charges will be brought against defendant from Jan 1999 to April 2002” even then govt indict me for money laundering from 1998 to Nov 2001 (Which is double Jeopardy and violation of 5th Amendment of U.S Constitution.)

In Oct 2006, during pre-trial hearing on the motions filed by my attorney the first two counts of my indictment were dismissed by the judge, stating that there is a lack of facts and figures.

After two weeks AUSA re-indicted me again. I believe this is a desperate act of the AUSA to cover up a huge embarrassment. Further this hastily drawn indictment was full of factual errors and creative legal theories.

Since I was first arrested by the American govt, I believe that I have been singled out, isolated and discriminated against primarily because of my race and religion, in addition to the fact that I don’t know any information that the American govt is trying to pressure out of me.

I do not understand the American laws and this is what led to my pleading guilty in the first case. I have difficulty understanding the new charges also.

I have been charged under, section 2339(a) of Title 18 of the United States code, which makes it illegal to provide material support to a foreign terrorist.

Please understand, I am not a terrorist, I do not know any terrorist and I have had no connections with or to any known or unknown terrorist. I have been incarcerated for last 5 years and I had no money to provide
or launder.

The law enforcement have in America is pressuring me to provide information to them that I really do not have or know. I am a Canadian Citizen and nearly all of my family is in Canada, including my wife and kids. I don’t know any information to tell them to help their investigation.

Because of this, I am being treated unfairly and my rights under the American constitution are being violated. I am being held here in further detention against my will for crimes which I could have never committed, because I was in prison.

I believe that I am a victim of the discrimination that was outlined in the July 3, 2006 issue of Time magazine (Page 29, column 3). In this article section 2339(a) & (b) are discussed and criticized “as most suspects are charged under these two sections. However, the justice dept here in America admits that of the more than 218 guilty pleas that it has obtained, most are for minor investigation issues that are uncovered deeding the course of their terrorism investigation. This suggest, according to the article that the Attorney General’s office have is not concerned about the rights or fairness or the manner in which it achieves convictions for the people they arrest. Furthermore, criticizes have noted that one of the patterns to emerge from these domestic prosecutions is that suspect seen too incompetent to carry out the deeds they are accused of. The Deputy Attorney General acknowledges that the Dept of Justice’s goal is “preventions through prosecutions” and this is done with no regard for an individual’s rights.

I agree that these guilty of terrorism should be prosecuted. But as the above mentioned article suggest, innocent people should not be targeted because of their race or religion.

I am not a terrorist and I should not be targeted and treated unfairly and unjustly.

I need your assistance desperately in my case, as I believe that I am being treated unjustly here. I would like to send you my attorney’s contact information and provide you with legal documents related to my case, so that you may become more familiar with my situation.

Please also note, that I appeared in the court , for no guilty of my 2nd superseding indictment on Aug 02, 2006 and on Aug 03, 2006 FBOP officials placed me in the SHU (Segregation Housing Unit) out of these months, I placed in the SHU isolation from Aug 03, 2006 to March 6, 2007 for unknown “Pending Investigation” in these 215 days of my segregation and isolation, I don’t have a single phone call access to my family, no legal calls to my attorney and Canadian Council, my legal mail opened in my absence, no medical treatment for my injured shoulder (even I went for hunger strike for 3 and half day) I harassed by the various jail officials and lot of other problems too which already been submitted in the attention of the FBOP higher authorities, but no action taken on them, after writing the court, instead of receiving the response or any action on my complaints, jail officials removed /moved me from MDC federal facility to Nassau County Jail .

My suffering has gone on for far too long, and I need your help to bring my suffering to an end. I want to return home to my family, because my imprisonment was injustice and will remain a great injustice forever.

May God bless you and be with you in your efforts to champion the cause of human rights, and the suffering of innocent prisoners and restore hope, faith and love to peoples all over the world.

Sincerely,

KHALID AWAN

FBOP NO. 50959-054

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admin — Sun, 20 Jun 2010 07:35:45 +0000

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