Monday, March 2, 2009

Dan vs the State of Kentucky (and they just spotted me 30 points)

I found out today what I hoped wouldn’t be true.  The Kentucky Board of Examiners of Psychology is corrupt.  I’m not saying that every member of the Board is aware of malicious conduct, but they are part of it. 

I wrote in my last blog that the Kentucky Board of Examiners of Psychology was going to review whether or not to reconsider my 237 page complaint.  I thought it was worth the trip to Frankfort, KY, in an attempt to keep them honest.  I have been trying to get a copy of Dr. Edward J. Connor’s case file for the child custody evaluation he performed since March 6, 2008.  I am entitled to the case file from the custody evaluation under Kentucky Revised Statute 403.300.  The case file is considered a health record which I am entitled to by law.  I drove all the way to Frankfort, KY to find out that Richard (Applegate, I believe) stated that he reviewed my request to reconsider the complaint and recommended that there wasn’t any reason to reconsider it.  He also said that there was no new evidence to support the complaint.  The Board voted unanimously to not reconsider my complaint.  Game over; thanks for playing… right?  Not so fast.

I wasn’t mad.  I was frustrated because I felt that I had to go up against the Kentucky Psych Board now.  I didn’t storm out.  (I did hold a small sign on my lap for a short time that read KRS 403.300.  That’s the Kentucky law that says I’m entitled to the case file.)  I just sat there.  At one point the assistant attorney general’s boss, I’m still trying to figure out who he is, asked me if I was there to represent another psychologist.  I guess if I act like it long enough people may just assume that I am an attorney.  I wasn’t just going to walk out of the meeting room because I didn’t want to take the chance of missing something.  The Board had to go into “executive session” so I had to leave the room for a little while because whatever they were going to talk about was supposed to be double top secret or something.

COME ON, do you think I’m a sucker?  Executive session my arse.  Do you know how many suspicious and/or unethical things have happened during this whole ordeal with the custody evaluator?  IT’S MY JOB TO HEAR WHAT HAPPENS BEHIND CLOSED DOORS.  Mark Brengelman, Assistant Attorney General and Counsel to the Kentucky Board of Examiners of Psychology, sounded like the apocalypse was upon them.  He told the Board that I threatened to subpoena them to the final hearing in my divorce.  He kept saying that he didn’t want to see this happen because he couldn’t represent them in Indiana because he wasn’t licensed to practice law in Indiana.  He told the Board to contact him immediately if they receive a subpoena.  He told the board that this was a very unusual situation.  I never considered myself to be a usual guy.  If you look up “thinking outside of the box” you may see my picture.

I have to tell you that it was rather hard to keep from smiling when Mr. Brengelman let me back into the room.  He was very nice.  At the end of the meeting he told me that he would be with me in a minute because he said that I had wanted to meet with him.  Gee, that’s funny; I never requested to talk to him.

Mr. Brengelman was super nice to me.  He said that his office would be happy to provide me with any documentation I needed and they would prepare it so it would be worthy to submit to court.  I told Mr. Brengelman that I still had some concerns that the Board ruled that there were no apparent violations in my complaint.  KRS 403.300 states that I am entitled to the custody evaluation case file.  Dr. Connor’s contract says I am entitled to the case file.  Dr. Connor still hasn’t provided me with a copy of the case file and the Kentucky Board of Examiners of Psychology still doesn’t see any “apparent violations”?  Mr. Brengelman said he couldn’t speak for the Board but kept trying to shake my hand and make some kind of deal that I would only talk to his office.  Mr. Brengelman gave me the old “we’re just trying to help you out” bit.  He also suggested that I get an attorney to deal with the matter.  I’m sure he’d like that.  Attorneys don’t subpoena judges, entire psychological boards, and try to hold people to a level of accountability.  I did get to tell Mr. Brengelman that I wasn’t lawyer or psychologist but I did stay at a Holiday Inn Express once.  I love that one.  He just looked at me with a stone face and said that he had seen the commercial. 

Something occurred to me.  I sent a letter to Mr. Brengelman a couple of weeks ago with copies of altered health records that came from Dr. Connor’s office.  I received a letter from Mr. Brengelman confirming that he received my correspondence and that the Board was going to review reopening my complaint during their March 2, 2009 meeting.  When they brought up my complaint they said that there was no new evidence.  What happened to my altered health record?  Mr. Brengelman was responsible for supplying the Board with additional evidence and he was responsible for telling the Board in a closed session that I had threatened to subpoena the whole Board and he would not be able to represent them.  This was after the Board voted against reopening my complaint upon the advice of “Richard” and Mr. Brengelman.  Good call counselor.  It’s good advice to keep the Board from having any further contact with me.  It doesn’t do anything to protect the public, but it’s a good strategy to keep the Board safe; at least in theory because I’m sure he didn’t count on anyone else knowing what went on in the secret meeting.

What is in Dr. Edward J. Connor’s case file?  What has this guy done?  I’ve had an attorney, a judge, a psychologist, the Assistant Attorney General of Kentucky, and the entire Kentucky Board of Examiners of Psychology work hard to keep this guy safe.  I will give the benefit of the doubt to a few of the Board members because if the person “reviewing” the complaint says the complaint is not worth investigating, why would they question their colleague.  Unfortunately this does not excuse the board members from any potential liability for their colleagues’ actions.  Unfortunately for them, I’m not planning on only communicating with Mr. Brengelman’s office, and I am not getting a lawyer right now.

People, I can’t make this stuff up.  The people I’m going up against have close to a hundred years of college education more than me and they’re the ones stuck in a corner.  “The big bad unrepresented dad is going to get us.  Oh the humanity!”  I guess they shouldn’t have picked on the kid with an Associates Degree in General Studies.  If anyone from the Board reads this, I hope you understand that your legal counsel may have counseled you into a hole.  If you are reading this Mr. Mark Brengelman, Assistant Attorney General for the State of Kentucky, could you please explain to my readers why your office condones health care providers refusing to provide people with their health records as required by law?  Readers, your families will be safe with me.  

1 comment:

  1. Keep fighting. Shine the bright light of justice, on every rung, all the way up the ladder. There may be some bad welds or possibly rungs missing altogether but, in the end, faith in law will always support the hands and feet of truth. Continue climbing for the sake of your children and for every parent out there who's lives revolve around the best interests of their children.