By Gary Popp
The Evening News and The Tribune
JEFFERSONVILLE — The former Clark County jail nurse charged with 12 felonies related to illegally obtaining prescription drugs as a jail official has continued to provide health services at the county’s juvenile detention center.
At the time of her arrest Feb. 2, Denise Brooks, 62, admitted to ordering medications for inmates, then taking the prescriptions for her own medical needs. She was charged with four counts of possession of a Legend Drug; four counts of issuing an unlawful prescription; and four counts of obtaining a Legend Drug by fraud, all level 6 felonies, and three counts class A misdemeanor theft. The criminal case is pending.
Clark County Commissioner Jack Coffman said he became aware only days ago that Brooks was working as a contractor at the Clark County Juvenile Detention Center, while he was reviewing June claims to be paid. Although Brooks was paid by the county in April and May, Coffman said her name didn’t raise concern for the commissioners until this week.
Brooks was a Clark County Sheriff’s Office employee prior to her resignation, but she has a contract with the juvenile center.
Repeated unsuccessful attempts were made by the News and Tribune on Thursday and Friday to reach Clark County Juvenile Detention Center Director Lyda Abell. Attempts to reach Clark County Circuit Court No. 4 Judge Vicki Carmichael, who oversees juvenile court proceedings, also were unsuccessful.
“I’m not clear who has that authority, when it relates to the juvenile detention center,” Coffman said of the ability to terminate a contractor.
He said the commissioners have been proactive in recent days after discovering Brooks was still providing services in Clark County.
“We already have our attorney [Lisa Glickfield] looking into this matter, trying to determine exactly how the contract occurred, when it is supposed to terminate and where the authority lies in the discernment of the contract,” Coffman said.
If a claim is submitted for the commissioners to approve payment to Brooks in July, Coffman said, “The commissions will probably deny that claim. I would have to bring that claim to the attention of our attorney.”
He said future payments to Brooks would only come with further review of her contract, as it appears to have irregularities.
BROOKS’ CONTRACT
Brooks began providing services at the juvenile detention center after a contract was approved in 2007. The contract was signed by then-Clark County Commissioner Ed Meyer and then-Clark County Auditor Barbara Haas.
The contract does not provide a time which it would expire or have to be renewed. There is a blank line in the “time” section of the contact where an end date is expected to be listed.
Under the “contract price” section, it reads that Brooks is to be paid a total sum of $35,000 for services performed. While there is no renewal date, it is not clear if the contract became null after Brooks was paid $35,000.
“My interpretation would be that once they reached that $35,000, the contract would essentially be completed,” Glickfield said. “After that point, it is kind of a month-to-month contract because I could not find any replacement [renewal] contract.”
Brooks has been paid $800 a month and has received $67,200 through her contract with the juvenile detention center.
The document provided by the auditor’s office shows a payment history reaching back to June 2008. Since the contract was approved in January 2007, Brooks likely received additional payments in that 17-month span.
Brooks was reached by phone Friday, but cut the conversation short, saying she preferred for her attorney, Larry Wilder, to speak on her behalf. She did confirm that she was working at the juvenile detention center and that she was not aware of any actions taken toward her termination.
“I do physicals weekly on the new kids coming in,” she said. “I’m only required to go there once a week.”
Wilder said there is nothing that prohibits Brooks from working and that she still has her license.
“She has not been instructed she can’t practice her profession,” he said.
The prescription drugs that Brooks is accused of fraudulently obtaining are not used for recreational purposes. Her criminal case is pending in Clark County Circuit Court No. 2. A pretrial conference is scheduled for June 29, and a trial is slated in October.