No external panel appointed yet to review U-M child porn reporting delay
The University of Michigan Board of Regents has not yet appointed an external panel to review why university officials waited 6 months to tell police after child porn was found in the Pediatric Emergency Department at U-M Hospital.
Meanwhile, records obtained by AnnArbor.com reveal some information about the two attorneys who launched their own investigation May 25, two days after a resident physician found child porn on a thumb drive in a locked lounge residents use.
University of Michigan Hospital
University of Michigan Health System photo
The attorneys decided eight days later - without contacting police - that there wasn't sufficient evidence to move forward.
Resident physician Stephen Jenson ultimately was charged in December with possessing child pornography after another physician familiar with the child porn allegation came forward last fall.
The lead attorney who investigated the child porn allegation was Susan Kay Balkema, who worked more than 6 years as an assistant state attorney general in the Licensing and Regulation Division before being hired by the U-M Health System, her personnel file shows. Her emails show that she was assisted by attorney Adil Daudi.
Daudi instructed a Medical Center Information Technology data security analyst to pull records on the computer where the child porn was viewed. A resident physician found the child porn May 23 on a thumb drive left in a computer and suspected the drive belonged to another resident physician. However, when she returned the next morning, the thumb drive was gone.
Daudi told the analyst in a May 25 email that anything he did was confidential.
"Per our conversation, the Office of the General Counsel (OCG) would like you to pull the windows event logs from May 23rd for the computer terminal in question located in the pediatric resident room," the email says. "We are interested in determining who used the computer terminal on May 23rd and, if possible, what programs or files were accessed by each user (the "Task").
"The OGC is enlisting your assistance and delegates the necessary authority to you on behalf of the OGC to carry out various tasks that will aid the OGC in the investigation and defense of actual or anticipated litigation."
Balkema was copied on that email and thanked Daudi after he sent it.
On June 2, Balkema interviewed the resident physician who found the child porn, the university's internal review shows. The physician felt intimidated and left the interview crying. The attorneys told the health system's chief compliance officer that day that there wasn't sufficient evidence to move forward and that the resident physician's story was shaky. Another physician told the resident physician that she wanted to follow up with Balkema about the child porn, but the resident physician asked her not to, the review found.
Balkema resigned effective June 10 from her post at the health system, where she worked three-and-a-half months, earning $125,000 annually. Her recommendation for rehire was restricted, meaning she could be rehired in a different type of position or department. She also reached a settlement agreement with the university when she resigned that meant she would receive more than $36,000.
While university officials said her departure had nothing to do with the child porn case, U-M President Mary Sue Coleman referred to Balkema when she said in February that the university's internal review found an attorney acted improperly.
“A university attorney must not assume the lead role in investigating a potential crime of this nature,” Coleman said at the time. “This is solely the responsibility of the police.”
However, Coleman also acknowledged that others shared the responsibility for reporting the crime. “The auditor’s review has revealed a significant breakdown across a number of units responsible for the safety, security and well being of the people on our campus.”
In addition to health system attorneys, the resident physician spoke with her supervisors and met with hospital security officials about the case, police records show. But the child porn wasn't reported to university police for six months.
In November, the physician who wanted to follow up with Balkema came forward because of the Penn State University football child sex abuse scandal and after learning Balkema left.
By Dec. 17, Jenson was charged by Washtenaw County prosecutors with four counts of possessing child sexually abusive material. Jenson, 36, who worked as a resident physician at the hospital until late December, was later charged with federal charges of receipt of child pornography and possession of child pornography. The state charges have been dismissed in favor of federal prosecution.
Balkema and Daudi did not respond to requests for comment. AnnArbor.com obtained the personnel file and emails through the Freedom of Information Act.
Balkema's emails also show that she had an opportunity to report the child porn to federal law enforcement.
In what appears to be an unrelated matter, she sent an email to an FBI agent May 25 at the same time Daudi emailed the IT analyst about pulling the logs on the computer where the child porn was viewed. Agents contacted Balkema on May 24 as they were trying to find a convenient time to set up a meeting with two doctors. The emails didn't specify what the meeting was about, but it does not appear to be related to the child porn case. FBI spokesman Simon Shaykhet declined to comment.
Along with the external panel not being appointed, the university hasn't decided which outside expert will be brought in to assess the university's safety and security culture and help make changes.
That decision should be made by April 1, university spokesman Rick Fitzgerald said.
AnnArbor.com staff writer Kellie Woodhouse contributed to this report
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
cryptk
Fri, Mar 16, 2012 : 8:37 p.m.
This continues to be a sad story. Everyone with knowledge is personally accountable and should have reported it to police. It's a crime not to. There are even laws in Michigan to protect the individual parties reporting it. It's sad that both the IT and Legal department failed so miserably. They obviously need some training.
15crown00
Thu, Mar 8, 2012 : 2:56 p.m.
i'll bet i could find 8,10,12,20,35,50 people to be on this panel by Friday Morning Uni M is hoping this scandal goes away. This is another chapter in the C---O---V---E---R---U---P---.
annarbor28
Thu, Mar 8, 2012 : 4:22 a.m.
This is a link to an article wherein a California teacher was placed on leave due to her alleged participation in a related activity that is legal. Contrast that to this case where a doctor is allowed to continue to practice Pediatric ER medicine for several months after an accusation of committing a felony, related to children. What were they thinking at UM? This cover-up is mind-boggling. I only hope that those responsible will come to justice swiftly, and not be protected by the UM. Enough is enough. <a href="http://m.apnews.com/ap/db_268743/contentdetail.htm?contentguid=zrGA8iWB" rel='nofollow'>http://m.apnews.com/ap/db_268743/contentdetail.htm?contentguid=zrGA8iWB</a>
annarbor28
Thu, Mar 8, 2012 : 3:34 a.m.
The thumb drive had Dr. Jenson's name on a document, which is how the resident identified it as his. The supervisors of the residency program needed to pursue this, once the resident reported it. She would not be "blacklisted" for reporting this. There are many places that would hire someone honest who was trying to better serve patients. Any attorney who tried to intimidate a witness reporting a felony, then dismissed it as unimportant, and did not report it properly, especially when it is now found to be valid, could be, and should be, sanctioned by the Michigan Bar Association. The Residency Supervisors also should be called out on this, and be demoted, as their judgment is highly suspect. I do not understand why the Residency Supervisors' names are not being revealed if they in fact knew that Dr. Jenson could have committed a felony, and then knowingly allowed him to continue on in their program. This should all be public information, as they allowed the possible endangerment of children in the UM Pediatric ER.
friend12
Wed, Mar 7, 2012 : 4 p.m.
"In addition to health system attorneys, the resident physician spoke with her supervisors and met with hospital security officials about the case, police records show. " Sounds to me like a few others need to go too. It will be interesting to see just how high this goes. It looks like Coleman is already trying to cover herself.
Ron Granger
Wed, Mar 7, 2012 : 2:49 p.m.
The Regent system has long been criticized as being unaccountable. At this point, they just want to make this go away. I think that has been the theme throughout. Governor Snyder needs to bypass the Regents and appoint an investigator with power of subpoena.
15crown00
Thu, Mar 8, 2012 : 3:06 p.m.
Somebody needs tp do something to get them off their dead posteriors.
annarbor28
Thu, Mar 8, 2012 : 3:40 a.m.
Yes, you are right. This looks like it will be minimized and swept under the rug. UM will carefully choose an external review committee that will protect and exonerate the hospital and its employees. Governor Snyder needs to be involved. This cover-up by UM is huge. A Pedaitric ER Resident being allowed to continue practicing medicine after an accusation like this is clearly wrong, and the program directors need to be sanctioned, along with the attorneys and the UM law enforcement officers who covered it up. Dr. Jenson should have been asked to take an immediate leave of absence pending the investigation by outside law enforcement and the FBI.
Ron Granger
Wed, Mar 7, 2012 : 2:47 p.m.
"On June 2, Balkema interviewed the resident physician who found the child porn, the university's internal review shows. The physician felt intimidated and left the interview crying." It would be very easy to intimidate a resident physician witness in this situation. You simply explain to them what might happen if their accusation cannot be proven - how they can be sued for financial damages. You explain how the lawyers cost $300-$500/hour. The endless hours and hours of depositions. The digging into her past. You explain how any resident "tainted" with ties to this scandal would be blacklisted as a physician. You explain how there could be serious questions regarding whether the thumb drive might have actually been hers. How she has no actual proof of anything - it's she said, he said. You explain how you're on her side, and you are raising these questions to inform her - but the defense attorneys will actually be hostile. You explain how bankrupting the other party is a popular legal strategy. You explain the damage to the University's reputation if this matter is handled carelessly. Etc.
15crown00
Thu, Mar 8, 2012 : 3:04 p.m.
The lawyer should lose his/her license to practice. Uni M'S conduct should be rewarded with the withdrawal of ALL Federal funding for FIVE (5) Years. Then we'll see just how arrogant they are.
Jimmy McNulty
Wed, Mar 7, 2012 : 1:10 p.m.
***crickets***
annarbor28
Wed, Mar 7, 2012 : 1:57 a.m.
@trespass: by not reporting, they risked their careers. Speaking as one who has been involved in medical education, not listening to a hospital attorney about an internal matter such as this really does not risk one's career. Either the evidence presented to them was not compelling, or they did not want to be bothered. That was a big mistake, if UM has high ethical standards at all, when it comes to medical staff. I hope that it does, but may not, in this case, for whatever reason. Residents have been asked to leave other programs for a lot less than Dr. Jenson did, which is, after all, an alleged federal felony. I hope that if any residency director or faculty were involved, they will have their names revealed, so as to be publicly questioned as to why Dr. Jenson was allowed to continue to see pediatric patients. Medical faculty, and supervisory staff not doing anything, if they knew about the child porn, was a horrible career step. But mostly they may have been endangering patients,and this is far more serious.
15crown00
Thu, Mar 8, 2012 : 3:08 p.m.
This is a perfect example of Uni M's high standard of ARROGANCE.
trespass
Wed, Mar 7, 2012 : 12:39 p.m.
I beg to differ with regard to the risk to one's career. I had an Assistant General Counsel threaten to arrest me when I reported grant fraud to the same Chief Compliance officer who was involved in this case. She said that I was "scaring people" and that if I did not stop talking to people about my grievance the next call I made to my lawyer would be from "Kipke Ave" (campus police headquarters). Since this was the same thing they did to Dr. Borisov, I took the threat seriously.
Sallyxyz
Wed, Mar 7, 2012 : 1:24 a.m.
"Balkema resigned effective June 10 from her post at the health system, where she worked three-and-a-half months, earning $125,000 annually. Her recommendation for rehire was restricted, meaning she could be rehired in a different type of position or department. She also reached a settlement agreement with the university when she resigned that meant she would receive more than $36,000." There is a lot more to this saga than has been revealed so far. But keep up the good investigative work, Lee. Another poster mentioned that she was likely paid off to not sue UM for wrongful termination. What was the UM afraid of? "While university officials said her departure had nothing to do with the child porn case, U-M President Mary Sue Coleman referred to Balkema when she said in February that the university's internal review found an attorney acted improperly." Right. The termination had nothing to do with the child porn case....then what was her "improper" act?
annarbor28
Wed, Mar 7, 2012 : 12:32 p.m.
Or more likely she threw herself.
Basic Bob
Wed, Mar 7, 2012 : 4:02 a.m.
Her settlement was EQUAL to the amount she earned in the 3-1/2 months she worked there. Quite odd.... They threw her under the bus rather nicely.
justcurious
Wed, Mar 7, 2012 : 1:07 a.m.
Three things stand out in this article: "The OGC is enlisting your assistance and delegates the necessary authority to you on behalf of the OGC to carry out various tasks that will aid the OGC in the investigation and defense of actual or anticipated litigation." The U of M worrying about their own you-know-what. "Another physician told the resident physician that she wanted to follow up with Balkema about the child porn, but the resident physician asked her not to, the review found." What??? Did this prevent the proper reporting of this? "Balkema resigned effective June 10 from her post at the health system, where she worked three-and-a-half months, earning $125,000 annually. Her recommendation for rehire was restricted, meaning she could be rehired in a different type of position or department. She also reached a settlement agreement with the university when she resigned that meant she would receive more than $36,000." What was the settlement agreement about??
Arborcomment
Wed, Mar 7, 2012 : 12:06 a.m.
Another look at a flawed process. As Mr. Higgins has reported previously, the Hospital General Counsel appears to be the lynchpin on the rather slow cart to investigate, if at all. Why was a hospital general counsel, with a background in "Licensing and Regulation" and not criminal practice, even in this chain of events in the first place? Because that is the way the command chain leading from hospital security on up is structured. Ms. Coleman acknowledges (after the story appears) that a "university attorney must not assume the lead role in investigating a crime of this nature". Then why was this the standard operating procedure to begin with? Fiefdom, control of budgets, the insular world of hospital administration, and doctor privilege comes to mind.
trespass
Wed, Mar 7, 2012 : 12:22 a.m.
That Assistant General Counsel was the low woman on the totem pole in that office and was terminated a week later. That is why the explanation that everyone else in the office had great faith in her leadership of the investigation, according to the internal investigation report, is hogwash.
annarbor28
Tue, Mar 6, 2012 : 11:59 p.m.
If the resident met with her residency supervisors and no investigation or action was taken, then those supervisors also need to be investigated. These would be Residency Directors who would evaluate whether Dr. Jenson should continue to see patients as a Pediatric ER resident. He was in training, and they would be the ones to determine this. There also are formal actions that are taken if someone is either underperforming or has problems. Do we know the names of these doctors, and why they decided that the behavior reported to them was acceptable for a UM doctor/trainee? The highest standards possible are supposed to be upheld in residency problems. From the article: "In addition to health system attorneys, the resident physician spoke with her supervisors and met with hospital security officials about the case, police records show. But the child porn wasn't reported to university police for six months."
trespass
Wed, Mar 7, 2012 : 12:19 a.m.
You are correct that it was not right for the faculty doctors not to continue to report until something was done but you have to understand the intimidating atmosphere at the hospital. Those doctors would have risked their entire careers to go counter to what the General Counsel's Office said. It is rare to find anyone who will risk everything to do the right thing.
KimS
Tue, Mar 6, 2012 : 9:43 p.m.
Thanks for the update, Lee. Sorry to hijack this thread, but do you have anything to report on Dr. Weinblatt's sentencing today? Did it occur?
KimS
Tue, Mar 6, 2012 : 10:18 p.m.
Thanks, it was previously reported that it would be today.
Lee Higgins
Tue, Mar 6, 2012 : 9:54 p.m.
It's scheduled for March 20 at 1:30 p.m. in front of Judge Donald Shelton.
roll tide
Tue, Mar 6, 2012 : 8:08 p.m.
Mr. Higgins, you are Ann Arbor's version of Steve Wilson. Continue the good work!
Mick52
Tue, Mar 6, 2012 : 6:24 p.m.
Good follow up. Now we know the attorney who has no business doing investigations. Although when you ask an attorney to "investigate" you are really asking an attorney to protect you. What we still do not know is why this matter made its way to the attorney's office. Who contacted them about this and why? I would also like to know if the hospital attorney's office reported this to the University General Council's office when it came up or if they act independently. If they do, that should end.
Mick52
Wed, Mar 7, 2012 : 4:18 p.m.
Not admitting something means nothing. In a normal world, I cannot imagine an attorney who get wind of something like this would work on it without letting superiors know about it. That would be like a corporate attorney getting info on an embezzlement and not letting the boss know. I don't think you can say the internal investigation is inadequate just because information has not been released or something you would like to know is not public. Internal investigations are difficult to do, depending on the employee/employer relationship. It all depends on ethics. Employees fear retaliation or some stain on their work record. When that happens often you just can't get information out of them. If you offer them the ability to be anonymous you may get information, but to me anonymous information is always suspect and easily dismissed by anyone who says "That is not true." And some employees just will not say anything. I think UM is complicating this through the roof. They should have competent investigators with a strong sense of ethics and abilities with good connections that can quickly and efficiently look into this and report what happened. They used to. To hire an outside investigator, IMHO, makes it look like they agree, we don't have anyone capable of doing this. Also it should have been done a long time ago. What happened here is not that complicated.
trespass
Tue, Mar 6, 2012 : 6:56 p.m.
So far the University is not even admitting that the Deputy General Counsel in charge of the Medical Center Office knew about this. That is part of why the internal investigation is so inadequate.
Roadman
Tue, Mar 6, 2012 : 5:51 p.m.
"The physician felt intimidated and left the interview crying." Why? What it because she was doing the proper thing in reporting possibly illegal behavior that could embarrass the University? Why is there no facts about Dr. Jenson being questioned at this juncture? $125.000 per year? Grossly overpaid! She earned almost as much as the Michigan Attorney General. Who was she trying to get the FBI to investigate? Another scandal?
trespass
Tue, Mar 6, 2012 : 6:08 p.m.
I don't know what they were investigating at the hospital but the FBI has told me that when they go talk to professors trying to monitor and educate regarding counter espionage issues they often get a call from the General Counsel's Office telling them they are not welcome on campus.
trespass
Tue, Mar 6, 2012 : 5:36 p.m.
Where is the FBI? They need to be seizing any documentation of who knew what and when. University emails are probably disappearing as we speak. TheFOIA Office always claims they cannot recover emails that have been erased for more than 3 days. It is also a crime to lie to a federal agent, which would be a great tool in interviewing university staff. This is now a federal crimal investigation of Dr. Jensen and it seems like it would be appropriate for the FBI to investigate whether there was an attempt to obstruct justice.
Roadman
Tue, Mar 6, 2012 : 7:46 p.m.
If there was an attempt to obstruct justice, the Attorney Grievance Commission has jurisdiction as well for possible disciplinary action.
Mick52
Tue, Mar 6, 2012 : 6:29 p.m.
The FOIA office is maybe wrong if they say that. Deleted computer information exists until the space on the drive holding the info is copied over and that can take a longer time. It can be recovered forensically if not copied over. And you can put a program on a computer to delete and instantly copy over the disk space many times. Not sure what the technology can do now, but I know previously some of those programs copied over the space 7 or 8 times to completely erase the data.
trespass
Tue, Mar 6, 2012 : 5:25 p.m.
A settlement agreement with "release of all claims" is not normal for a voluntary resignation. Also, the fact that she cannot be rehired in a similar postion in the Office of General Counsel is not normal for someone with satisfactory job performance. This occurred only one week after her interview, which resulted in the resident physician leaving crying, yet the internal investigation said that her opinion was so respected in the office that they followed her lead even though she was the most junior person in the office. Does that sound right?
Roadman
Tue, Mar 6, 2012 : 7:43 p.m.
U-M likely had her sign a release to avoid possible wrongful discharge litigation. It shows me she did not leave under very happy terms.
DBH
Tue, Mar 6, 2012 : 5:13 p.m.
Mr. Higgins, thank you for the ongoing investigative follow-up efforts on this important and high-profile story. Please keep it up. I find it gratifying to see what can be accomplished when a reporter goes beyond what is provided by law enforcement agencies in a daily data stream. I encourage more of this in-depth reporting at AnnArbor.com.
Kai Petainen
Wed, Mar 7, 2012 : 2:29 a.m.
Lee (and Woodhouse)... you're doing a job that is worthy of a major national news agency. I hope you stay in Ann Arbor and I hope the lure of big journalism doesn't take you away. Amazing job.
Roadman
Tue, Mar 6, 2012 : 7:40 p.m.
Agreed. Thank you, Lee. More of this "Woodstein" type of investigative reporting is needed. The Judge Julie Creal resignation was another controversy that caused panic and damage control in government after a concurrent sex harassment suit settlement was reported in annarbor.com.