posted April 30, 2003
 Dr. Alan Hughes |
Robert G. Mandall, who now has his own firm specializing in computer evidence, said, "There is really no other reason to use it unless you want to cover your tracks."
Attorneys for terminated Erlanger Medical Center radiology director Dottie Farmer are questioning why Dr. Hughes deleted data on his Erlanger computer after Ms. Farmer filed suit and requests were made for Erlanger records.
Attorney Jennifer Lawrence asked Mr. Mandall concerning "Clean Disk" that "it's what crooks use, right?"
Dr. Hughes has said he used the software program last September and October to free up more space on his computer - not to hide evidence.
Also at the hearing Wednesday before Circuit Court Judge Neil Thomas, the Erlanger chief information officer said there was no reason for Dr. Hughes to store emails in the email box of Erlanger board chairman David Copeland.
Brad Brown said all Erlanger email accounts have the same space, and the chairman's is no bigger than anybody else's.
Dr. Hughes is a former Erlanger board chairman, and Mr. Copeland is the current chairman. The Farmer lawsuit alleges that Dr. Hughes used his influence with the board to get rid of Ms. Farmer because she was interfering with plans he had at Erlanger.
During the case, emails were discovered purportedly between Dr. Hughes and Mr. Copeland about Dr. Hughes setting up a separate nuclear medicine department at Erlanger. Attorney Phil Lawrence said earlier that Dr. Hughes is a "disqualified person" from doing business with the non-profit hospital for five years after leaving the board.
Dr. Hughes said the emails were never intended to be read by Mr. Copeland, but were stored in his larger box. He said they were used for making a business plan that was later shared with Mr. Copeland.
Mr. Brown said Mr. Copeland told Erlanger officials he did not send or receive any of those emails - including ones that purportedly are from him.
Mr. Brown said Mr. Copeland "is not very p.c. literate." He said the Copeland computer was checked and there were no emails in the inbox or outbox. He said Mr. Copeland stopped using that computer in February and it is now under lock and key.
Mr. Brown said the Hughes-Copeland emails were discovered on the computer of Lori Ann Fowler, the Erlanger board administrative aide who was placed on paid administrative leave last December in connection with the email probe.
He said Mrs. Fowler as well as Kitty Quinn of the board office had been given by Mr. Copeland his computer login and password, though that is against Erlanger policy.
He said the situation allowed Mrs. Fowler "to send and receive emails as though she were David Copeland."
Mr. Brown said the Erlanger board secretary no longer has such access.
Attorney Jennifer Lawrence asked if Mr. Copeland does not read emails sent to his address "what happens if the federal government emails the Erlanger chairman saying they want to give the hospital a $1 million grant?"
Mr. Brown said Mr. Copeland mainly handles correspondence through written memos.
Mr. Copeland is due to give a deposition in the case on Thursday, and it is to be videotaped. Mrs. Fowler is due to give her deposition soon.
Mr. Brown said any emails or files that Dr. Hughes deleted with the Clean Disk are apparently "gone forever." He said the hospital keeps backups of emails for 10 days and of deleted files for 21 days, then permanently deletes them.
Mr. Brown said it is against Erlanger policy to encrypt files. He said it was found that Dr. Hughes had encrypted files. He said Dr. Hughes unencrypted the files.
But he said one file dealing with "creating a new revenue stream for Galen Corporation" remains garbled and unreadable. Galen Medical is a physician group that has a large Erlanger practice. One of its members is Dr. Calvin Bell, an Erlanger board member who kept in close touch with Dr. Hughes, according to depositions in the case.
Mr. Brown also said it is against Erlanger policy to use its computers for personal business reasons. He said a Hughes file marked "Homosexuals" apparently would violate that policy.
Mr. Brown said the computer used by Dottie Farmer was kept under lock and key for several months, then it was "swept clean" and recycled for use at Siskin Rehabilitation.
Attorney Jennifer Lawrence said Dr. Hughes used the Clean Disk on his computer beginning on Sept. 4 - a month after Farmer attorneys had requested evidence be preserved in the case.
Mr. Brown said an Erlanger technician, Doug Oliver, sometime last year had done a remote check of the Hughes computer, but had only been searching for certain items related to the case.
Dr. Hughes said he encrypted certain documents after he said someone entered his office while he was on vacation. He said the incident came after an associate of Ms. Farmer had turned over a file to him. He said he knew someone had been in his office because he had "booby trapped" his desk before he left. He said he believed that his computer had been entered as well.
 David Copeland |
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |
