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For months, the nurses complained that they were subject to demeaning and unfair working conditions — not what they were promised when they came to America from the Philippines in search of a better life. So they abruptly quit.

But in doing so, they put more than their careers at risk: Prosecutors hit them with criminal charges for allegedly jeopardizing the lives of terminally ill children they were in charge of watching.

The 10 nurses and the attorney who advised them were charged with conspiracy and child endangerment in what defense lawyers say is an unprecedented use of criminal law in a labor dispute. If convicted of the misdemeanor offenses, they face up to a year in jail on each of 13 counts, and could lose their nursing licenses and be deported.

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Prosecutors say the nurses' resignations — without notice — on April 7, 2006, jeopardized the lives of children at Avalon Gardens in Smithtown, where some of the patients are on ventilators and required constant monitoring.

None of the patients suffered ill effects, but an indictment alleges the nurses knew their sudden resignations would make it difficult to find replacements. Their trial is scheduled to begin Jan. 28.

The nurses claim that they were sent to work at facilities they never signed up for, and made to perform tasks they deemed demeaning and below their job descriptions. There were also disputes about scheduling and pay. Sixteen other nurses and one physical therapist also walked off the job at other facilities, but they were not charged because they did not care for terminally ill children.

Lawyers for the 10 nurses say one of the nurses remained on-duty when resignation letters were submitted. They insist that the nurse — Ramos — stayed four hours past the scheduled end of her shift to ensure that the patients received proper care.

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http://tinyurl.com/3duwkh

The criminal prosecution continues despite the fact that the nurses were cleared by two state boards.

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As many cheered a state inquiry clearing 10 Filipino nurses of placing Smithtown nursing home residents in jeopardy, a Suffolk County prosecutor said he would fight to keep the finding out of court when the nurses face trial on charges of endangering patients.

Assistant District Attorney Leonard Lato said the Health Department's review, along with a State Education Department investigation finding that the nurses did nothing wrong when they resigned en masse in April 2006, were not thorough and should not be admissible as evidence.

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