For a second day in a row fireworks lit up behind the scenes, without the jury present in a whistleblower lawsuit filed against the University of New Mexico Hospital. Dr. Cynthia Herald, a former medical resident, filed the lawsuit, alleging she was fired after telling her bosses that a male colleague raped her. Update: The two sides reached a settlement.
Like Wednesday, tensions between lawyers simmered Thursday morning, prompting District Judge Shannon Bacon to address both counsels. “You all hate this case,” Bacon said to lawyers for both UNMH and Herald. Bacon’s comment came after UNMH lawyers requested a mistrial, the third request so far in the two-week-long trial.
After a contentious trial filled with tears, frustration and sharp warnings from the judge, both parties in a whistleblower lawsuit came to an agreement late Thursday night. The confidential settlement between the University of New Mexico Hospital and a former resident came after almost two weeks of testimony and hours before the jury was set to hear closing arguments. Former UNMH medical resident Dr. Cynthia Herald sued the school, alleging she was pushed out of the program after she told her bosses she was raped by a male colleague. UNMH attorneys disagreed, saying they removed her from the residency program because she made many possibly fatal mistakes during surgeries, had a prescription drug problem and did not take responsibility for her shortcomings. Related: See all our stories from this trial Herald told reporters after the trial she feels “a huge sense of relief” but that the decision to settle was not an easy one.
A judge nearly threw the case out and a lawyer made a witness cry on the seventh day of trial in a whistleblower lawsuit against the University of New Mexico Hospital. Former UNM medical resident Dr. Cynthia Herald alleges UNMH officials unlawfully dismissed her from the residency program after she reported a colleague raped her. Update: The two sides reached a settlement.
After almost a full day of routine testimony, the judge came close to declaring a mistrial and had sharp words for Randi McGinn, one of Herald’s lawyers, over her comments to a witness outside the courtroom. Toward the end of the day’s proceedings, Dr. Sally Vender, an anesthesiologist, testified on behalf of UNMH. Vender described her friendship with Herald, which started when they were both first-year medical interns.
Tim Keller will be Albuquerque’s next mayor. Keller won the mayorship in a runoff election Tuesday night, easily defeating Albuquerque City Councilor Dan Lewis. Also on Tuesday, Cynthia Borrego won a seat on the city council, defeating Robert Aragon in a runoff election. With the Democrat winning, the party expanded its support on the council. “Tonight our city has awakened and our city has spoken and we have truly come together,” the Democrat told a crowd of supporters.
University of New Mexico lawyers questioned the former resident who brought a lawsuit against the medical school on Monday. UNM’s lawyers spent the day trying to poke holes in the testimony of Dr. Cynthia Herald, who alleges the medical school kicked her out of the residency program after she told administrators a male colleague raped her. Last week, Herald testified for hours about the events and UNMH’s response. Patricia Williams, a lawyer for UNMH, asked Herald what steps she took to preserve forensic evidence after the alleged rape. “Did you retain your underwear from that night?” Williams asked.
The City of Albuquerque Board of Ethics Rules & Regulations unanimously found that Tim Keller violated the city’s elections and ethics codes, but it did not impose any penalty. The board decided the case involving in-kind donations Monday, the day before voters cast ballots in the runoff election. Keller faces Dan Lewis after the two received the most votes in the first round of voting last month. Keller’s campaign received public financing, but his campaign accepted money as “in-kind” donations. Candidates who qualify for public financing are not allowed to accept private donations.
The former University of New Mexico medical resident who filed a whistleblower lawsuit against the university testified Thursday, the fourth day of the jury trial in Second Judicial District Court. Dr. Cynthia Herald, who accused medical school administrators of unlawfully firing her after she told them a male colleague raped her, gave her account of both the alleged rape and the aftermath. Herald told the jury that after the alleged attack she went home and took a shower before she began “soaking and crying for about an hour.”
“I just wanted to wash everything off of me down the drain,” Herald said. Herald also explained to the jury why she didn’t file a police report against the male doctor. “Instead of being the doctor who was smart or the doctor who was competent, I was always going to be known as the doctor who was raped,” Herald said through tears.
A trial involving the University of New Mexico Hospital began Tuesday morning in an Albuquerque district court room with opening statements from both sides and initial witness testimony from former UNM doctors and a risk management expert. The whistleblower lawsuit filed against UNMH alleges administrators in the school’s medical residency program unlawfully fired Dr. Cynthia Herald after she told her superiors a male resident raped her. Both sides made their respective cases to the jury of 4 women and 10 men. Update, Day Two: Medical school dean testifies in whistleblower lawsuit
Herald’s attorney Randi McGinn painted the picture of a female anesthesiologist, in her second year of post-medical school experience, who was “washed out” of her residency program and is now left with a besmirched record, unable to obtain a well-paying job. McGinn told jurors after Herald reported the rape, medical school administrators began grading Herald’s job performance negatively.
A New Mexico state district judge Wednesday ruled in favor of a Bernalillo County commissioner, whose 2016 opponent challenged his candidacy. Albuquerque District Judge Clay Campbell ruled County Commissioner Steven Michael Quezada was indeed a valid candidate even though he did not personally sign his declaration of candidacy statement last year. “Mr. Quezada appears to have properly adopted as his signature his name as it appears above the word ‘Declarant’ on his Declaration of Candidacy,” Campbell wrote in his ruling. Last year, after Quezada won the general election, his opponent Patricia Paiz challenged the win by pointing out Quezada’s wife filled out his declaration. Paiz and her attorneys argued that this eliminated Quezada as a valid candidate.
The third place candidate in this month’s mayoral election officially announced Wednesday his support of State Auditor Tim Keller in next month’s runoff election. Albuquerque attorney Brian Colón, who received 16 percent of the votes last month announced his endorsement of Keller. While the race is non-partisan, both are Democrats. Meanwhile, a candidate that received under five percent of the vote endorsed Keller’s opponent, Dan Lewis. Michelle Garcia Holmes, a former Albuquerque Police Department detective, endorsed Lewis.
Albuquerque’s mayoral runoff election is a month away and so far the two campaigns have stayed relatively quiet. But an upcoming ethics hearing and the city’s public finance rules could make the runoff election more complicated or at least open the door for more attack ads, particularly against State Auditor Tim Keller. Originally scheduled for Oct. 12, an ethics hearing for a complaint against Keller was moved to only a few days before the Nov. 14 runoff election—and well after early voting starts.