Reply 0 BB Washington County Office ‘Washington County Courthouse PO. Box 38 Jonesborough, TN 37659 Phone: (423) 753-5020 Fax: (423) 753-4803, Ci Carter County Office 1500 West Elk Avenue, Suite 208 Elizabethton, TN 37643 Phone: (423) 547-5897 Fax: (423) 547-5896 ‘STEVEN R. FINNEY District ATTORNEY GENERAL First Jupiciat Disreicr Di Unicoi County Office Unicoi County Courthouse 100 N. Main Street P.O. Box 730 Erwin, TN 37650 Phone:(423) 743-1113, Fax: (423) 743-1120 CJ Johnson County Office 301 West Main Street Mountain City, TN 37683 Phone: (423) 727-3959 Fax: (423) 727-3965 October 11, 2022 HAND-DELIVERED. Mr. Alan Levine, Chairman President and Chief Executive Officer Ballad Health 400 North State of Franklin Road Johnson City, TN 37604 RE: Johnson City Medical Center Event of September 27, 2022 Dear Mr. Levine: First, let me introduce myself. My name is Steve Finney, and I am the elected District Attorney for the First Judicial District, State of Tennessee. In this capacity, | am writing this letter to you and providing a copy to the Board of Directors for Ballad Health, On September 27, 202, a broad daylight abduction, aggravated rape and robbery began at Truist Bank ATM located at 1806 West Market Street. The victim and her one- year-old child were abducted and taken to an abandoned home in Johnson City where the 27-year-old mother of three was raped. The victim was able to get her one-year-old from the vehicle before the defendant sped away in her minivan. This is where the second part of the victim’s nightmare began at your facility. Mr. Levine, this event unfortunately could have happened to anyone. During the time that our victim was at Ballad Health - Johnson City Medical Center, our victim's mother had time to fly from Memphis to the Tri-Cities and be at the hospital in Johnson City by 10:30 p.m. At that time, the victim still had not had the rape examination performed.Mr. Alan Levine, Chairman President and Chief Executive Officer Ballad Health October 11, 2022 Page Two On September 27, 2022, at approximately 5:50 p.m., the victim was taken to the Johnson City Medical Center by ambulance with her one-year-old child, her husband, and Investigator Vanessa McKinney with the Johnson City Police Department. At 6:00 p.m,, Investigator McKinney contacted Amani Brice, a sexual assault advocate with the Family Justice Center. Ms. Brice was advised that the victim was en route to the hospital and a Sexual Assault Nurse Examiner (SANE) would be needed. Ms. Brice informed Investigator McKinney that she would also be en route to the hospital and would attempt to call a SANE Nurse to let them know they would be needed. Once the victim arrived in the Emergency Room of Johnson City Medical Center, medical staff demanded that she be taken to the ER waiting area rather than being taken back to the SANE room immediately. At that time, the victim and her family were forced to wait in the crowded emergency room while the suspect was still outstanding. When finally taken back to a room, the victim was placed in a room next to the psych ward. The victim's treatment by the nurses in the unit was unacceptable. The victim was not tended to, and the sexual assault advocate had to retrieve blankets and sheets for her. At one point, the victim asked if she could speak with a lactation consultant as she had just been raped but needed to breastfeed her baby. This request was denied. Nursing staff did not enter the room to assist the victim unless asked to by the Investigator or the victim's husband. ‘At approximately 7:00 p.m, the victim requested of the nurses to use the bathroom. The only thing the nurses did was to bring the victim a cup. Throughout the evening, Ms. Brice called Teresa Southard (Ballad SANE Coordinator), Dawn Smith (Ballad Certified SANE Nurse) and Sarah Watson (Ballad Certified SANE Nurse). She called each approximately 3 - 4 times and did not receive an answer or reply at any point throughout the night. Ms. Brice then called Tina Johnson, the director of Safe House. Tina Johnson also attempted to call and text Teresa Southard with no reply. While sitting at the nursing station, Ms. Brice heard Dr. Lee volunteer several times to perform the sexual assault kit even though he had not performed said procedure in 10 years. The doctor also advised the victim and Investigator McKinney that he could not find a single nurse that was willing to be in the room while he performed the kit.Mr. Alan Levine, Chairman President and Chief Executive Officer Ballad Health October 11, 2022 Page Three Ultimately, the victim was forced to wait approximately five hours before the kit was completed by April Douglass, Assistant Nurse Manager at 11:00 p.m. Mr. Levine, I hope you will reach out to me so we can discuss this situation. Our victims and your patients deserve better than this. Sincerely, iss— Steven R. Finney District Attorney General SRE/kh ce: Ms. Julie Bennett Mr. David Golden Mr. David Lester Dr. David May Mr. Scott Niswonger Dr. Brian Noland Mr. Aldo Noseda Mr. Gary Peacock Dr. Doug Springer Mr. Keith Wilson