NY case bankrupts lawyer for Sentosa 27

NEW YORK — Salvador Tuy, Merit Salud, Manny Quintal, Carlos Garcia and Felix Vinluan are just some of the Filipino lawyers who have been working pro bono for Sentosa 27. From the time the 26 nurses and one physical therapist resigned on April 2006, many more lawyers have helped them with their legal battles with their former employer – Benjamin Landa and Bent Philipson, owners of SentosaCare facilities. A quiet collective effort that has, at times, been overlooked. But since the New York Supreme Court Judge Robert Doyle ruled that the criminal case against the 10 Filipino nurses and their former lawyer Felix Vinluan will go to trial, the lawyers have become more vocal. On March 2007, a grand jury in Suffolk County charged 10 nurses with endangering the welfare of children. The 10 Pinoy nurses worked at Avalon Gardens Rehabilitation and Health Care Center in Smithtown New York, a facility for mostly chronically ill children and adults. Vinluan of Westbury New York is also charged with criminal solicitation and conspiracy for encouraging the nurses to resign. That was almost a year after Sentosa 27 filed a discrimination complaint with the United States Department of Justice. It was back in March 2006 when two nurses sought Vinluan’s advice. Around the same time, two other nurses went to the Philippine Consulate in New York. They wanted to know who could help them with what they claimed were Sentosa’s unfair treatment and breach of contract. According to Vinluan, the consulate asked him if he could help those nurses as well. The following week, the number of nurses who have similar complaints grew to 15. By April 6, 2006, there were 27. “There were actually many more who wanted to come forward," said Vinluan. “But they either got intimidated or scared, or maybe they really just can’t afford to loose their jobs." It was then that Vinluan asked his fellow Filipino lawyers if they could help, too, for free. And many did. The charges against the 10 nurses, according to many lawyers, are unprecedented. But the indictment against Vinluan and his upcoming trial are the reasons why many lawyers, including non-Filipinos, are even more concerned. “The indictment against Felix has a chilling effect on all lawyers," said Tuy. “If you cannot advise your client freely without fear of prosecution then what’s the use of giving legal advice." “Even if your lawyer gives you a bad advice, that is not a criminal act. There is nothing illegal about that," Tuy said. Vinluan’s criminal defense lawyer, Oscar Michelen, a former corporation counsel for the City of New York, also expressed his disbelief. “This is a case which does not involve just a Filipino lawyer," Michelen said. “This is about our right to give people legal advice." According to Tuy and Michelen, there is a concerted effort to get the support of bar associations and to call their attention to Vinluan’s case. According to a news report, the New York State Nurses Association, which represents 35,000 nurses, wrote a letter to New York Governor Eliot Spitzer to ask him to appoint a special prosecutor to take over the case. Michelen confirmed that he and the nurses’ lawyer, James Drucker, also plan to write similar letters. “If any case warrants a special prosecutor, it’s this one," Michelen said. The nurses have long accused Philipson and Landa of using their political connections and their money to intimidate them. Local newspaper, “Newsday," published an extensive investigative report on how New York Senator Charles Schumer got involved with this case, as well as, former Philippine Presidential Chief of Staff Mike Defensor. It began as a contract dispute against New York State’s largest for-profit nursing home group with an annual revenue of about $450 million. After the alleged involvement of Philippine and American politicians, the story drew support not only from fellow Filipinos but nursing associations as well. And now it has become the lawyers’ plight. With great disbelief that one of their own has been indicted for giving legal advice, lawyers are reaching out to fellow barristers to support Vinluan. Vinluan’s health and livelihood have dramatically been affected since he took on the nurses’ case. He no longer practices law and suffered multiple heart attacks. “I gave up my office in Manhattan and my practice," Vinluan said. “My health has deteriorated and it will just be a disservice to my other clients because my concentration right now is with the Sentosa case." Vinluan admitted that he has no income. All of his savings are gone, and his family survives because his wife works. With the trial, he is expected to spend thousands of dollars for his defense counsel. “Like the nurses," Vinluan said, “I have to raise funds." Consul General Cecilia Rebong said her office filed a request to Manila for financial assistance for the nurses. “But we all know that the lawyers are the ones spending all their money for this case," Rebong said. “So unless we get a direct instruction on how to allocate the money, if our request is approved, then it is up to the nurses how to use it." Rebong did say that the Department of Foreign Affairs fund is limited to use only for the criminal case. Both Rebong and Vinluan quickly diffused talks of the consulate abandoning Vinluan. “He hasn’t asked us for help," Rebong said. “Every time we would meet, he always just talked about helping the nurses. But of course, we will see how we can help him." Vinluan said he did speak to Vice Consul Leandro Lachica recently. “I took on the case voluntarily," Vinluan said. “I will not ask for help unless I really need it. And if there’s nothing they can do for me then hindi rin masama ang loob ko." According to Vinluan, it was only when the judge’s decision came down and he learned that his case will go to trial, that it hit him. - Philippine News