CORRUPT DEFEAT OF NEW JERSEY'S CONSCIENTIOUS EMPLOYEE PROTECTION ACT

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have not been -- and as a matter of fact, I did ask, you know, to see those, but I have not read them.

Q Who did you ask, by the way?

A Excuse me?

Q Who did you ask for those evaluations?

A (Witness indicates) Mr. Thibault, to refresh, you know, my memory.

Q Mr. Thibault didn't give those to you?

A No, he said that he would rather that I testified from my recollection, which is fine. Okay. My recollection is that I gave David two performance evaluations. Both of them were above average. There are areas of nursing that David was excellent, that he exceeded the norm, and there were areas of nursing that he was below the norm. Okay. His overall evaluation was very good.

MR. HECKER: Mr. Thibault, will you provide us with your evaluation?

MR. THIBAULT: Requested in your questions
yesterday.

MR. HECKER: Did I give them in the last,
gave it this morning?

MR. THIBAULT: I'll give them. I don't
have any problem.

                          JOSEPH ALBANESE & ASSOCIATES

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Q Did you form any opinion as to
Mr. Miller's intelligence from your experiences in working with him?
 
A  As far as -- David had history in working with chemicals. He was very interested in physiology. At one time he was preparing for the M Cats. I don't know whether he ever took them or didn't. So he had an above normal knowledge as far as, you know, medications and technical things of that sort, you know, impressive knowledge regarding the working of drugs. He would discuss things with the doctor and increase his knowledge at all times.

Q Would you consider him to be of above average intelligence?

A Yes, knowledge smart. That's what you are asking me?

Q Yes.

A Knowledge smart, yes.

Q Well, what about in terms of general intelligence, aside from specific knowledge of chemistry and other areas that may be appropriate for nursing, did you consider him to be generally intelligent?

A The areas in which I did not, if I could answer this way, consider him to be intelligent were the way that he handled some of the things that he did not agree with. I thought there were more intelligent ways

JOSEPH ALBANESE & ASSOCIATES

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when he was supposed to show up?

A David had excellent attendance. He was never late. He did his job. He answered more than his share of lights. He was always available to help the other nurses. If I was looking for him, nine times out of ten I would find him sitting talking with a patient. He, you know, he helped everyone. He responded to codes. He worked every weekend, and didn't miss work. I mean, the things that formed my opinion of reliability, yes, they were there.

Q Do you know if any of Mr. Miller's patients were questioned with respect to the medications that he was supposed to administer to them following the theft of the morphine?

A I have no knowledge of that. And as I said, I wasn't here. I don't know specifically the dates. I was away on vacation at the time.

Q As a result of the printout known as unreported scheduled medications, are you aware of any nurses who have made late MIS entries?

A Yes, we have a screen for doing that that reflects the time you actually gave so that if you were off the unit, let's say you were down with a patient assisting in a pacemaker and you didn't give your medicine on time, at the bottom of the screen you click

JOSEPH ALBANESE & ASSOCIATES

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