July 5, 2008

No Way Out

A Couple Faces Life In Prison After 35 People Die In Their Care

  • Sal and Mabel Mangano

    Sal and Mabel Mangano  (CBS)

How would you vote if you were on the jury?
 Innocent
 Guilty

(CBS)  "Those people, overnight, lost everything through absolutely no fault of their own," says Ivor van Heerden, deputy director of the Hurricane Center at Louisiana State University.

The state of Louisiana asked him to investigate the failure of the levees around New Orleans during Katrina. His well-publicized conclusion? They weren’t built right, especially the one protecting St. Bernard, and failed because they were built out of porous materials, like dirt and sand. "The waves will just chew it up," Van Heerden says.

Battered by 18-foot seas, sections of the levee washed away. There was nothing to keep the water from filling up the parish and turning St. Rita's into a death trap.

"So who, then, do you think is responsible for the 35 deaths at St. Rita’s?" Dow asks.

"In my opinion, the loss of life, the damage, all the destruction rests solely on the U.S. Army Corps of Engineers," Van Heerden argues.

Attorney General Charles Foti seemed to agree by filing a lawsuit against the federal government, and asking for billions of dollars in damages for residents of greater New Orleans.

"He filed a petition under oath in which he alleges that the Corps of Engineers recklessly, willfully, wantonly, through gross negligence allowed these levees to collapse. That's the definition of negligent homicide," Cobb comments.

Instead, that same attorney general charged the Manganos with negligent homicide, blaming them alone for the 35 deaths at St. Rita's.

"Well, how can it be the Manganos fault and the federal government's fault?" Dow asks.

"Well, it can't, can it?" Cobb replies.

Still, on the eve of the trial, Cobb knows the Manganos are in for the fight of their lives. If convicted, he says his clients would face more than 200 years each.

With life in prison a real possibility, Sal and Mabel Mangano found it hard to make a new start. Their home, their business, and their reputation were all destroyed. They were shunned by people they once called friends; finding it impossible to remain in St. Bernard Parish, the Manganos moved to Baton Rouge.

"Can you describe what the past two years have been like for both of you?" Dow asks.

"It's been very, very difficult. It's been hard on my children, my grandchildren, on the people that I love," Mabel says. "We're recognized everywhere we go. So, I feel like we have a stigma that's gonna follow us for a long time."

Prosecutors say the Manganos brought these problems upon themselves. "Thirty-five people died because they were at St. Rita's on the morning of August the 29th," Cullen says. "There's some cases that just have to be tried. There's some cases that you feel really strongly about."

Because feelings about the case are so strong, the trial was moved to rural St. Francisville, more than 100 miles from St. Bernard Parish. And in August 2007, nearly two years after Katrina, the trial begins.

There is enormous media attention, even though cameras are not allowed in the courtroom. Members of victims' families are a daily presence at the trial.

"Every family had a story about their loved one. About the joy that they brought them even though they were in a nursing home. It was a tragedy for these families beyond anything that I could imagine at the time," prosecutor Knight says.

As the trial gets underway, several family members, including fireman Steve Galladoro, testify in court that the Manganos told them they would evacuate the nursing home before Katrina struck.

But Mabel says she told people that they were sheltering-in-place. "And by the way, that's the preferable thing to do," she says.

The defense strategy is to try to make the trial about government failures that led to the flooding of St. Bernard Parish. To make that point as dramatically as possible, Louisiana Governor Kathleen Blanco is forced to testify. Defense attorneys grill Blanco about testimony she gave to Congress in December 2005.

"We in Louisiana know hurricanes, and hurricanes know us. We would not be here today if the levees had not failed," she had said during her Congressional hearing.

"I said, 'Governor, did you say that?' 'Yes, I did.' 'Was it true then?' 'Yes.' 'Is it true now?' 'Yes.' And I pointed to Sal and Mabel and I said, 'And they wouldn't be here either if the levees had not failed, would they?' 'Objection!' But the point was made," Cobb says.

"They just took the approach of 'We're not going to talk about the Manganos. We're going to talk about everybody else,'" Cullen comments.

Continued



Produced by Paul Ryan and Sara Rodriguez
© MMVIII, CBS Interactive Inc. All Rights Reserved.
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by angelicar-2009 July 8, 2008 7:59 PM EDT
Although this was a predicted event as seen in many scientific journal, engineering studies and by the Corps of Engineerinf themselves. Lets not forget the school bus full of elderly people who burned to death cause of a spark catching on to someones O2 tank and the whole bus with all the elderly on it were killed in an inferno.
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by angelicar-2009 July 8, 2008 7:54 PM EDT
True Statement Quote:
When visiting New Orleans in May of 2005 we were told that if a storm took a direct hit on New Orleans the levees would break because Nutra Rats had burrowed into the levees weakening them to a state of disrepair and the Government knew of the problem at that time.So if you want to point fingers and lay blame the Army Corps of Eng. may be a beginning. Katrina was the straw that broke the weakened levees.

Repsonse:
This is well documented on the discovery channel! and scientific magazines. You want to blame someone blame Congress the Levee problem has been known about for years and years; they failed to appropriate the money to fix the levees. The Corps was moved from the Levee mission a couple of years before Katrina in a series of downsizing the government (cause taxes are bad.) So while the rest of the country might be able to put shoe on their children''s feet; New Orleans became a death trap for many because Congress failed to put money into our infrastructure. It is well documented that Corp wanted to fix the levees but Congress and other leadship bodies failed the people of this country and everyone is pointing fingers in the wrong directions; this one really belongs to the executive bodies of leadership.
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by chrisbrod July 7, 2008 1:46 PM EDT
What if the Maganos evacuated everyone and after moving them back the levee breeched would that be their fault? They survived Katrina not the breech.The water hit like a tsunami that caused the deaths. Hindsight is 20/20 but even in this case no one could have foreseen the levee breech. How can you blame someone for that?
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by baconskt July 6, 2008 8:10 PM EDT
This was a tragic NATURAL DISASTER. I don''t believe for a second that the Manganos anticipated the magnitude of this disaster, and they should NOT have been charged with homicide. My heart breaks for all involved, but it adds to the tragedy to blame the Manganos. I cannot imagine why a mandatory evacuation was not issued (though it sounded like it was because of a loss of revenue for the town... and why aren''t the victims'' families outraged by that?), and I am dumbfounded as to why our government didn''t do more to help. Is it because our government officials, who are elected to make wise decisions on our behalf, did not anticipate the magnitude of this natural disaster? Yet the Manganos are expected to? The wrong people were on trial.
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by kidsnursega July 6, 2008 3:05 PM EDT
Let%u2019s look at the truth in the situation. First of all to onesuegibson who said that people on %u201Clife support%u201D are only in ICUs: You are WRONG! There are people that require advanced medical technology to live including ventilators, that attend school, work and live at home. The only people indicted in the hospital and nursing home deaths were the Manganos. There were more than 200 Katrina-related deaths at four New Orleans-area hospitals and 13 nursing homes. Yes, that is correct 13 nursing homes including Lafon with 22 deaths, so clearly other nursing homes felt the same way the Manganos did. Testimony during the trial showed that the majority of the nursing homes in the path of the storm (36 of 57) did not evacuate. Finally: To all the families who lost loved ones at St. Rita%u2019s: You have reported that you were told that they would be leaving, but according to your own comments you did not know where your family members were. Did you ask the following questions? 1. Where are you evacuating to? 2. How can I contact you to find out where my family member has been taken? 3. Here is my cell phone number: Please have the new facility call when my loved one arrives. 4. When should I expect to hear that my loved one has safely arrived at the new location? Simple, responsible, loving questions. Let%u2019s look at who should really be blamed for the disaster that was Katrina and not blame everything on a single couple.
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by onesuegibson July 6, 2008 2:36 PM EDT
Harold Dow missed a glaringly important point in this story. He allowed the Mandanos and their attorney to repeatedly refer to potentially having to "pull the plug" on some residents without exploring what that means. People on life support do not live in nursing homes; they are exclusively in Intensive Care Units in hospitals. I can''t anything a nursing home resident would depend on that uses electricity. Oxygen could be provided by portable tanks.
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by pollroller1 July 6, 2008 12:52 PM EDT
I would like to add that their are two businesses that I would never want to be in. One is the nursing home business and the other is child care.
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by pollroller1 July 6, 2008 12:48 PM EDT
This was a terrible, terrible tragedy and I feel bad for the families that lost their loved ones. But in life we have to make choices. It''s always easy to look back after the fact and say they should have done this or they should have done that. What if they had tried to move all of those people and they died while being moved? Their is no right or wrong answer for a lot of decisions that we all make every day. I guess that is why we have lawyers.
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by q-tessa July 6, 2008 5:40 AM EDT
Just curious...does anyone know when an "evacuation plan" is REQUIRED to go into effect? In the show they said it is required to be filed each year, but didn''t specify when it is REQUIRED by law to be used? Or is there no law on that? There should be! Even though I don''t feel the Mangano''s bear the sole responsibility, they do bear the responsiblity of a good/accurate/safe evacuation plan that should be enacted and should work. Also, if the other nursing homes did evacuate, wouldn''t the Manganos have known this? Wouldn''t they feel they should go too? Don''t these Nusing homes communicate/share info? If one is to go wouldn''t they call the other and say ..do u need help...u should go, etc, etc, etc?
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by q-tessa July 6, 2008 5:19 AM EDT
This story is so tragic & sad. My heart goes out to the families & the people who died. Everyone devastated by Hurricane Katrina is a victim. We should be empathic to all who suffered in this horrific storm/levee break. Many things were not in place to save/help the people of these communities. I can''t believe this can happen in America. It''s amazing that in such a rich/blessed country as ours, with the generosity of millions of Americans, that things aren''t back to normal for our fellow Americans. I guess that is another issue.
That being said, the Mangano''s should not bear the only blame. They suffer their own hell thinking about those they lost. Unless what they did was illegal, then they cannot be soley to blame.
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by q-tessa July 6, 2008 5:17 AM EDT
If a city/town/state is in danger for any reason the Officials are the ones everyone looks to for help/hope/direction. They are supposed to protect the citizens. Ray Nagin and Governer Blanco bear a HUGE responsibility amongst other government officials. They should''ve ordered a mandatory evacuation for everyone, be it business or resident. Perhaps this could''ve been avoided...but this we will never know, because it wasn''t issued!
Furthermore, I am quite perplexed why the families of the victims didn''t come and pick up their loved ones? Maybe they too didn''t think the unthinkable was to happen. Which proves the point that no one thought such horrific tragedy was to happen. Everyone wants to blame someone when something like this happens.
What would anyone do when faced with a sudden rush of 10 feet of water? The fact is they were told they could stay & there was NO mandatory evacuation given. They couldn''t have predicted this outcome.
Why didn''t the families that were fleeing go down to the Nursing Home to get their loved one out and take them with them? This point was NOT presented in the show and I do think it should''ve been.
If however, the Manganos told them not to come down and take their loved ones, then they would be complicit for giving these families false hope and comfort. But again, this was not presented in the show.
Lastly, this is a tragic story with unbelievable loss and pain for many Americans. My heartfelt condolences to all of you!
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by patriot12436 July 6, 2008 4:02 AM EDT
I think mistakes were made due to the owners incompetence. The questions they asked after this happend should have been asked and answered in the evacuatiion plan. I think they were stupid and greedy, now they have to answer in court for their actions.
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by sadie_001 July 6, 2008 2:20 AM EDT
Even though I think they are innocent, I know I would not be able to forgive myself if I were in their shoes. How do you sleep at night with that?
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by sadie_001 July 6, 2008 2:15 AM EDT
I think it is ridiculious to put COMPLETE blame to them. The family also had to have some accountability. How do you completely blame the Manganos without realizing the actions you could have taken yourself? How do you arrest the Manganos if the evacuations were not even mandatory for St. Bernard? Yes, I agree they should have evacuated as a precaution but this case should not be based on "what ifs". Did they break the law or not? If the evacuation was mandatory, then they broke the law. In this case, it was not mandatory. So it tells you that the St. Bernard officials did not feel their city was in grave danger. Therefore, it gave an impression that it was not immediate (I live in Florida, I know hurricane evacuation). If you dont make it mandatory, people don''t see the severity of the hurricane. Remember that they are not the only ones who did not evacuate St. Bernard. Many residents stay and lost love ones too. they should have evacuated too to protect their love ones. So why stop at the Manganos. The biggest crime was by our government. They failed at every level. Remember that residents had to take it in themselves to rescue people which should have been the task of the National Guards. In this case, it was 1 fireman who help them. So they did the best they could. They did not break any laws. They are victims to a flawed system which did not required much from other nursing homes too. They are the scapegoats in the Katrina disaster.



















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by aprilnc July 6, 2008 1:48 AM EDT
Outrageous! How could the families leave their loved ones behind, I know that I would walk through hell if need be for my family, the owners should be held accountable for this horrible murder. The families should be held accountable also. It''s sad and it really broke my heart to know that they were left behind to die alone,fighting to live. SHAM ON ALL OF YOU!
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by onesuegibson July 6, 2008 1:37 AM EDT
Harold Dow missed a glaringly important point in this story. He allowed the Mandanos and their attorney to repeatedly refer to potentially having to "pull the plug" on some residents without exploring what that means. People on life support do not live in nursing homes; they are exclusively in Intensive Care Units in hospitals. I can''t imagine a plug that would have to be pulled. Oxygen could be provided by portable tanks.
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by onesuegibson July 6, 2008 1:32 AM EDT
Harold Dow missed a glaringly important point in this story. He allowed the Mandanos and their attorney to repeatedly refer to potentially having to "pull the plug" on some residents without exploring what that means. People on life support do not live in nursing homes; they are exclusively in Intensive Care Units in hospitals. I can''t imagine a plug that would have to be pulled. Oxygen could be provided by portable tanks.
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by maxxie54494 July 6, 2008 1:19 AM EDT
After 25 yrs. in elderly housing, I am sad to hear this story. Had I been the manager of that nursing home, I''d have removed those people as quickly as possible after the warning was issued. I know sometimes it''s hard to make that decision because of our mentality that it won''t happen. However, I would also hold family members somewhat accountable. They could of requested they be removed. But it all boils down to making policy and adhering to it. I will say this, most of the older generation would be difficult to get to move. I hate to say this but maybe some government regulations have got to be applied to these buildings, including elderly and handicapped housing. MOSTLY, I BELIEVE THAT IT SHOULD BE UP TO THE CITY/LOCAL GOVERNMENT TO REQUIRE ANY BUILDINGS HAVE AND SUBMIT A COPY OF AN EMERGENCY PLAN TO THEM. It should cover all types of disasters, from severe thunderstorms to natural disasters, etc.
It''s important that we as service providers of elderly/handicapped understand our responsibility provide the best services.
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by shafiqa2 July 6, 2008 1:17 AM EDT
Had to comment. I have worked many years with the elderly who are fragile and disabled and unable to care for themselves. It is appalling to see "professionals" such as the Manganos not to be held accountable for their lack of action that ultimately killed these individuals. The lawyer was very successful in redirecting the blame to everything else, but the one thing that was apparent to me, was that had they taken the action to evacuate the residents, these individuals would have survived. The concern over the fragility of their residents surviving a move, and being compared to "pulling the plug" is BS. The other 3 nursing homes evacuated their residents. There is absolutely no excuse in the world that this couple can say, and this lawyer can pull out of a hat that would convince me otherwise.
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by onesuegibson July 6, 2008 1:11 AM EDT
Harold Dow missed a glaringly important point in this story. He allowed the Mandanos and their attorney to repeatedly refer to potentially having to "pull the plug" on some residents without exploring what that means. People on life support do not live in nursing homes; they are exclusively in Intensive Care Units in hospitals. I can''t imagine a plug that would have to be pulled. Oxygen could be provided by portable tanks.
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