ALLENTOWN, Pa. — A Lehigh County official on Thursday called for an independent investigation into an alleged attempt to cover up overdiagnosis of medical and other types of child abuse in the county.
Lehigh County Controller Mark Pinsley held a news conference to ask county officials to "evaluate the extent of potential intimidation" to cover up his report that alleges “systemic overdiagnosis” of the abuse.
Pinsley, who is running for state Auditor General, said he would want the investigation to be conducted by a third party with subpoena power, similar to an investigation beginning into Allentown’s city government.
“We need to get to the bottom of this so that changes can be made to our system and that we can protect our families and children,” Pinsley said.
Pinsley alleged the intimidation happened in August and said he waited until now to call for an investigation because there are new members on the county Board of Commissioners.
Pinsley also has repeatedly called for reform to the county’s Office of Children and Youth Services, or OCYS, as that office ultimately decides whether to remove children from their homes because of suspected abuse.
In October, Lehigh County commissioners began to look into actions they could take to reform the OCYS, but later delayed the investigation because of the threat of legal action.
Two class action lawsuits have begun against Lehigh Valley Health Network related to Pinsley’s initial report.
Neither lists OCYS as a defendant in the case.
Pinsley’s allegations
According to Pinsley, after he indicated his intent to release his report “The Cost of Misdiagnosis” in August, he was notified two staff positions in his office would be cut in the upcoming budget proposal.
The staff cuts were not directly tied to the report, but he said a letter from the county solicitor's office told him to notify employees they may be sued if he released his report.
That led him to believe the cuts were related, Pinsley said.
Pinsley said he then told county officials he was not releasing the report, and he canceled a scheduled news conference about it.
He said he then was told by the county finance department that the positions were back in the proposed budget draft.
Pinsley released “The Cost of Misdiagnosis” on Aug. 23 after reviewing it with an independent solicitor.
“His assertion of threats and retribution does not reflect what happened during the budgeting process."Lehigh County Commissioner Geoff Brace
Lehigh County Commissioner Geoff Brace said the commissioners received the proposed budget on Aug. 31, after Pinsley released the report, and that the budget proposal had evolved since the beginning of the process in early July.
In the final budget, no staff positions were cut from Pinsley's department.
“His assertion of threats and retribution does not reflect what happened during the budgeting process,” Brace said.
The Lehigh County's Department of Law said in a statement that the department "always provided legal advice to Mr. Pinsley in good faith, and with no threats, coercion or conflict of interest."
"The legal opinions he received from the Department of Law are protected by attorney-client privilege, therefore we are unable to respond to any statements Mr. Pinsley has made concerning our advice," the statement read.
Discouraged report's release
In an interview after the news conference, Pinsley said Lehigh County has a pool of solicitors who are assigned as needed, and that pool is shared with OCYS.
Pinsley said the solicitor assigned to him was Kerry Freidl, who he said also is the lead solicitor for OCYS.
“I think he may have thought, ‘How can I possibly have signed off on children being removed when they shouldn't have been?’”Lehigh County Controller Mark Pinsley
Pinsley said Freidl discouraged him from releasing the report.
Pinsley said he thinks Freidl was biased against the report because he is among the lawyers who sign off on plans to remove children from their homes if there is suspected abuse.
“I think he may have thought, ‘How can I possibly have signed off on children being removed when they shouldn't have been?’” Pinsley said.
Freidl also suggested Pinsley send the report to the state Auditor General's office and the state Department of Human Services.
Pinsley said he sent it to both offices but also wants Lehigh County officials to take action.
Pinsley said he later requested $10,000 from the county for an independent solicitor because he believed the county solicitors had a conflict of interest. He said he was denied that request.
Brace said the budget already set aside $10,000 for an independent solicitor, and Pinsley was asking for more funds. The additional funds were the ones that were denied, he said.
