Ignorance of the law as well as “just following orders” is no excuse. Former hospital IT director faces felony charges while the well liked CEO apparently behind it all was only charged with a misdemeanor of stalking.
Idaho, KIDK Eyewitness News
Former Bingham Memorial Hospital IT Director Jack York changed his plea in a wiretapping case.
He entered an Alford plea one count of interception of wire, electronic, or oral communication, a felony. An Alford plea means he maintains his innocence, but will not fight the charges.
York made the move as part of a plea deal. The two other wiretapping charges were dropped. He is accused of setting up devices to record phone calls in a doctor’s office in 2009 and 2010. York said in court he didn’t know what he did was a crime.
His attorney, Ann Taylor, said York didn’t do any wiretapping himself, but says he did direct his employees to. She says he was in a “situation where he would lose his job” if he didn’t.
Bingham Hospital
York’s former boss, hospital CEO Louis Kraml, originally faced two felony charges of wiretapping. Those were reduced to a misdemeanor charge of stalking in the second degree as part of a plea deal, and Kraml was sentenced to 100 hours of community service in August of last year.
York could be sentenced to up to five years in prison and a $5,000 fine. He faces sentencing in November.
Background on this case from 2013, the CEO who apparently ordered the recording only faced charges of stalking:
Bingham Memorial CEO Louis Kraml will do 100 hours of community service after entering an Alford plea for stalking in the second degree, a misdemeanor, at the Bingham County Courthouse on Friday.
An Alford plea means he is not admitting guilt, but the judge sees him as guilty. The charge comes as a result of allegations about mismanagement of the hospital. Originally, Kraml faced two felony charges for wiretapping, but they were reduced to stalking.
Charges were dropped for two other people involved in the case, former hospital information technology department employees Chris Behunin and Tyler Lassen. There is an arrest warrant out for Jack York, also formerly of the department.
According to the indictments, the three intercepted and recorded the phone calls of Dr. Robert Rosin and his staff between June 2009 and August 2010.
The attorney general dropped charges against Behunin and Lassen because although there was evidence Behunin and Lassen violated Idaho’s wiretap statute, the investigation revealed they were acting solely as directed by their superiors and they cooperated fully with the investigation, according to a news release. However, authorities were unable to serve a summons upon York, and he did not appear in court Friday, which prompted the arrest warrant.
Three witness were called to the stand in Kraml’s defense: board member Alice Cannon, Dr. Hugh Selsnick and Dr. Tom Call.
Deputy Attorney General Jason Spillman said he’s okay with the outcome. “It was a difficult case as the defense outlines. There was some problems with the evidence we had, we were constrained by that, but I think we did as good as we could with it,” said Spillman.
During court, Kraml said he would accept the plea was because he felt he could be found guilty if it went to trial. Kraml was sentenced to 100 hours of community service, one year probation and a $1,000 fine. A 30-day jail sentence was suspended.