Trends in Long-Term Care - U.S. Senate Special Committee on Aging

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submit it, and we will see that it is pr<strong>in</strong>ted <strong>in</strong> the record at that po<strong>in</strong>t,
so that the record will speak for itself.
Now. I doubt that we would have time, to hear additional witnesses
today, but I will be glad either to accept their written testimony,
which could be notarized, or we will have a fiirther hear<strong>in</strong>g <strong>in</strong> which
they will be entitled to speak.
We just want the record to say what the facts are.
Mr. LEWIN. I th<strong>in</strong>k I would like to po<strong>in</strong>t out aga<strong>in</strong> that this committee
sits <strong>in</strong> the maybe unenviable position of be<strong>in</strong>g judge at the
present, a judge to form public op<strong>in</strong>ion, because Dr. Bergman has
been unjustly criticized <strong>in</strong> the press. For that reason, I th<strong>in</strong>k it
is appropriate if these various allegations that were made here today,
with the various media present, the television cameras present, the
rebuttal witnesses we have on the very subject, <strong>in</strong>deed on the subject
of this alleged breakdown of a boiler, <strong>in</strong> February of 1971, where I
th<strong>in</strong>k the witness said Dr. Bergman was do<strong>in</strong>g someth<strong>in</strong>g, whatever
a reasonable owner could be expected to do <strong>in</strong> those circumstances,
and notwithstand<strong>in</strong>g that-that is, Congressman Koch's list of horribles-I
th<strong>in</strong>k those witnesses should be heard from today, so that
we are not put <strong>in</strong> a position aga<strong>in</strong> where one side of the story is told.
That is the way it has been s<strong>in</strong>ce the <strong>in</strong>ception of this entire program
by Mr. Ste<strong>in</strong> and his commission.
Mr. SEIDMAN. If I may add, Mr. Chairman, that a State supreme
court justice of the State of New York, <strong>in</strong> an op<strong>in</strong>ion <strong>in</strong> a decision
handed down yesterday, attacked the very type of raw, mislead<strong>in</strong>g,
4nd one-sided <strong>in</strong>formation, as may have occurred here today by way
of analyz<strong>in</strong>g Mr. Ste<strong>in</strong>'s conduct, and even suggested that a further
lo k at that behavior might <strong>in</strong>dicate that Mr. Ste<strong>in</strong> has committed a
cr e <strong>in</strong> violation of certa<strong>in</strong> civil rights laws that exist under our
St te law here <strong>in</strong> New York.
nator Moss. Well, it seems to me you gentlemen want to protest
ver loudly, as to what the facts are, and what they mean, and to
imp1gn rather improper motives, rather than gett<strong>in</strong>g down to the
trut
I a n not prejudiced one way or the other, and I am try<strong>in</strong>g to get
a rec rd together, that I can look at, and my colleagues can look at,
to de ide what is the truth, and I would like to have Dr. Bergman
tell n e what the truth is.
Mr. SEIDMAN. However, the stag<strong>in</strong>g of this procedure was not arranged
by Dr. Bergman, and there was no <strong>in</strong>vitation with legal and
proper procedures, whereby there was a proper request of the <strong>in</strong>formation
that was be<strong>in</strong>g sought <strong>in</strong> this arena, with all sorts of klieg lights,
television, and other scenery.
Senator Moss. Well, you-
Mr. SEIDBMAN. However, we are prepared to proceed, Mr. Chairman.
Senator Moss. This is a hear<strong>in</strong>g of a <strong>Senate</strong> committee. This is not a
court trial. You can go ahead, Dr. Bergman.
STATEMENT OF DR. BERNARD BERGMAN
Dr. BERGMAN. Dist<strong>in</strong>guished Chairman, Congressman Koch, Assemblyman
Ste<strong>in</strong>, and members of the committee.
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