BURBANK : Nurse’s Assistant Denies Rape Charge
A nurse’s assistant pleaded not guilty Tuesday to charges that he raped an elderly woman at a Burbank nursing home and police have launched a probe into the institution’s investigation of the incident, Burbank police reported.
Marcial Cruz, 33, of Burbank, was arraigned on charges of rape and felony elder abuse in Burbank Municipal Court, Detective Dave Gabriel said. Cruz was held on $100,000 bail.
Administrators of the institution were unavailable for comment.
The charges stem from a Sept. 22 attack at Burbank Convalescent Hospital at 2710 Olive Ave., Gabriel said. An employee purportedly witnessed the attack and reported it to hospital administrators, who did not contact police, Gabriel said.
Police learned of the incident from a friend of an employee at the hospital and Cruz was arrested Nov. 13, Gabriel said.
Gabriel said police and county authorities are now investigating whether hospital administrators followed state requirements on reporting incidents of elder abuse. He said it was undetermined whether charges will be filed against the hospital.
Cruz was ordered to appear next Tuesday for a bail reduction hearing, and a preliminary hearing is scheduled for Nov. 30, Gabriel said. If convicted, Cruz faces a maximum of eight years in prison.
Gabriel said it appeared the incident was an isolated case.
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