COLONIAL HEIGHTS, Va — A judge has ruled that Colonial Heights Rehabilitation and Nursing Center did not have authority to challenge police searches and seizures that occurred at the facility in connection to an elder abuse investigation.
As CBS 6 previously reported, lawyers for the nursing home filed a civil motion in court that sought to invalidate law enforcement search warrants and get its seized property back.
The searches in question happened last year as police investigated a complaint from Adult Protective Services alleging an elderly resident may have been abused and neglected at the facility. According to authorities, the woman received inadequate care that led to severe wounds and ultimately her death.
The investigation resulted in prosecutors criminally charging 18 employees in December 2024. Most of those charges have since been dropped as prosecutors say their probe continues.
Lawyers with McGuireWoods who represent the facility argued police never had probable cause to obtain two search warrants in the first place and that they failed to verify what the alleged victim said about her alleged lack of care was true.
They further claimed the warrants were overly broad in scope, many items seized had no relation to the alleged criminal conduct, and police failed to show one of the warrants to staff at the facility in violation of the law.
During verbal arguments in May before Judge Steven Novey, McGuireWoods attorney Mike Herring argued the seizure of property, including patient records and data, caused an "incredible disruption" to the nursing home's operation and the police "went off the rails" by seizing too many records.
He requested that all property be returned to the facility.
When the motion was filed, CBS 6 legal analyst Todd Stone noted a unique fact about the case: The facility itself has never been a defendant in the criminal case. Rather, its employees were the ones facing criminal charges.
“Usually when someone files a motion to suppress the evidence or affect the search warrant, it’s a criminal defendant. Here you’re talking about the nursing care facility, and they are not charged in the criminal action, so there is really no case involving them at this point," Stone said.
This week, Judge Novey signed an order stating a similar position.
“Colonial Heights Rehabilitation and Nursing Center does not possess standing to contest the search and seizure of its property under [the law] at this time, as it has not been charged with a criminal offense. Should [it] be charged with a crime, it may then seek the relief provided for in [the law]," Judge Novey wrote.
Of note, the judge did not opine on the substance of the facility's arguments, so he did not address the issues of whether police lacked probable cause or whether they properly executed the warrants.
In response to the judge's decision, Colonial Heights Commonwealth's Attorney Gray Collins said, “I appreciate the professionalism from opposing counsel and Judge Novey’s thoughtful deliberation and decision.”
Collins previously disputed the facility's allegations during oral arguments in May, saying the police department did nothing wrong during its searches of the facility.
He said the police department did in fact verify allegations of inadequate care from the alleged victim, and he further warned the judge that a ruling in the facility's favor could lead to evidence being suppressed in future hearings and trials.
CBS 6 requested a response to Judge Novey's decision from the nursing home's lawyers but has not heard back.
Meanwhile, prosecutors are still waiting for a special grand jury to be impaneled to investigate alleged expansive and complex crimes at the facility.
Prosecutors requested the action after they said they became aware of escalating allegations spanning multiple victims and multiple employees. According to their petition, the alleged criminal activity includes abuse and neglect, falsifying documents, stealing medication, potential money laundering, and potential Medicaid and Medicare fraud.
A facility spokesperson previously dismissed the request for a special grand jury as a "legal matter that has been highly sensationalized."
There's been no word yet on when jurors will begin convening. Their investigation could take up to six months or longer.
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