Hospital Hid Rape Charges, Police Allege : Burbank: The convalescent facility may have unlawfully concealed allegations that a male nurse attacked a 73-year-old woman patient.

The Burbank Convalescent Hospital unlawfully concealed allegations that a male nurse raped a 73-year-old woman patient with Alzheimer’s disease, a Burbank police vice detective said Thursday.

“There was a deliberate attempt to conceal certain things on their part,” Detective David Gabriel said. “What has occurred is tantamount to a cover-up” by hospital administrators.

The Los Angeles district attorney’s office expects to file criminal charges next week accusing hospital officials of conspiring to conceal the rape of the patient, Gabriel and a deputy district attorney said.

Hospital employee Marcial Cruz, 33, was charged last month with rape and felony elder abuse in connection with the alleged Sept. 22 attack on a patient at the 54-bed hospital at 2710 Olive Ave.

Cruz, who was arrested Nov. 13, has worked there five years as a nurse’s assistant.

In their internal investigation, hospital officials exonerated Cruz, but Burbank police and Los Angeles County health officials said they were not immediately notified of the accusations as is required under state law. The hospital’s owner has denied any wrongdoing, saying Cruz was accused by a jilted lover on the hospital staff.

Under state law, convalescent facilities must report all accusations of elder abuse within 24 hours, said Dolores Flood, supervisor of the northern district office of the county Health Facilities Division. The hospital, Flood said, did not notify the county until Nov. 17, four days after Cruz was arrested and nearly a month after Burbank police began their investigation.

“We did not find out about this from the facility,” Flood said. “We found out about it from the district attorney.”

Flood’s agency has already levied two administrative fines; for $1,000 and $10,000 in connection with the alleged incident and the failure to report it.

Authorities were told of the alleged rape in October by a friend of a hospital employee, Gabriel said.

“We heard about this through the back door,” he said. “This is not a slap on the wrist because someone doesn’t want to take their medicine. This is a rape allegation of a woman with a severe case of Alzheimer’s disease.”

Gabriel, who is still investigating the case, said he plans to formally ask the district attorney’s office to file criminal charges against the hospital’s owner, Orlando Clarizio, and possibly top administrators next week.

“The failure to report is in and of itself a misdemeanor,” Deputy District Atty. Cindy Zuzga said. “If it’s part of a pattern, it could be obstruction of justice,” which is a felony, she said.

The misdemeanor charge is punishable by up to 18 months in County Jail and fines, she said, while a felony charge could result in up to three years in state prison, plus fines.

Zuzga would not say which charges would be filed against the hospital’s administrators until she sees Gabriel’s final report, but she said the hospital “absolutely did not comply” with state disclosure laws. “They never notified any of the appropriate authorities, which are mandated by state law,” Zuzga said. “It’s a logical assumption to make that they never had any intention of reporting.”

Because authorities were not notified in a timely manner, they were hampered in their investigations, she said. “What we’re concerned about is that the investigation could be performed in a timely manner and evidence was not preserved,” Zuzga said. “The lost evidence could exonerate the suspect or convict him.”

The combined criminal and civil actions could lead to the Burbank Convalescent Hospital losing its state certification, Zuzga said.

“It could be the death knell for that business,” Zuzga said.

Clarizio denied reporting the allegations late, instead insisting that he reported the charges in October.

“The incident was reported to us Oct. 17. We reported it to them within 24 hours,” Clarizio said. “We are not involved in a cover-up--not in any way, shape or form. We did a total investigation.”

Clarizio also discounted the charges against Cruz. He said Cruz was accused of the alleged rape by a female nurse’s attendant who is angry at Cruz for breaking off a romance with her.

“She was a scorned woman. I believe she is trying to get back at him,” Clarizio said.

Clarizio said the alleged victim was examined by a gynecologist, who determined that penetration could not have occurred. Clarizio declined to discuss the matter further, saying he needed to consult with his attorney.

But he steadfastly defended Cruz, saying, “He has been with us five years and his record is impeccable.”