On 30 March, the court session starts at 2.52 pm (a delay of 52 minutes), because at 2 pm the case scheduled for 12 pm will be heard. The court secretary leaves the courtroom and warns Mogilevsky’s lawyers that the hearing will start at least 30 minutes later. The secretary asks me for my passport to record the data and check if I am a witness – after writing it down, she immediately returns it.
When the hearing began, the judge announced the attendance of: Mogilevsky in the “aquarium”, Malygin, the deputy prosecutor of the Krasnoselsky district, and the lawyers Skurtu, Zaitseva and Goncharov.
Suddenly, Judge Ulanov’s cell phone rings – he announces a break and goes to the deliberation room. Two minutes later, the judge returns and resumes the hearing.
Mogilevsky asks that lawyer Goncharov to be excused from participating in the case “due to non-material testimony”, “he will work for me on another front”. Defense attorneys Skurtu and Zaitseva remain to represent the defendant’s interests. The other participants in the trial have no objections.
The court declares a break for Mogilevsky to write a written dismissal of the lawyer. After the break the judge attaches the dismissal to the case, lawyer Goncharov says goodbye and leaves.
The judge says that the witness Petrova cannot appear for questioning because she is on duty.
Deputy prosecutor Malygin announces that the witnesses Yaroshevich and Vlasova have arrived and asks to question them.
The witnesses are heard.
The first witness is Elvira Viktorovna Yaroshevich, head of the department of PND-9 (psychoneurological dispensary № 9) from 2006 to 2017, a therapist. Mogilevsky was the deputy medical director of PND-9 and the witness’s superior.
The witness remembers the events of 5 years ago poorly, so when the interrogation yielded nothing, the prosecutor read the witness’s testimony given in 2020:
From 2006 to 29th of December, 2017. Yaroshevich worked in PND-9 as the head of department № 8, as a therapist. In 2016, a representative of Nutricia, Maria, came to PND-9 and gave a presentation on Nutridrink protein nutrition. The purpose of the presentation was to stimulate the interest of PND-9 in purchasing specialized nutrition for disabled residents, as it contains the necessary nutrients. Soon, Mogilevsky gave the order to purchase protein meals for the disabled residents. The purchase was made at their expense at the rate of one can/box for 30 days, 190 rubles per can/box. As a result, 5,890 rubles were withdrawn from the resident’s account to purchase one batch of food.
Mogilevsky instructed all chiefs to prepare lists of residents who needed protein food. Yaroshevich included in the list about 8 people, the weakest in her department. She gave the list to Mogilevsky, and the heads of all the other departments of PND-9 did the same.
Mogilevsky then decided to hold medical commissions for each disabled person for whom it was planned to buy food. The commission consisted of Mogilevsky himself as the head, and the department heads Petrova, Shishkova, and Arslanov. The commission’s conclusions confirmed the patient’s need for protein food.
In reality, the commissions were not held, and the department heads, after printing out the conclusions, handed them to Mogilevsky, who signed them along with other members of the commission. All of those who were prescribed food had to undergo various analyses, but in Yaroshevich’s department they were carried out in individual cases. According to the heads of other departments, they also did not conduct any analyses, as the commission headed by Mogilevsky considered them unnecessary.
As far as the witness remembers, Mogilevsky instructed at all meetings that as many residents as possible should be included in the list of those who required additional food.
After several deliveries of protein meals, Yaroshevich realized that there was no health benefit from them. When Mogilevsky asked at meetings whether there was any positive effect from their use, Yaroshevich and other department heads (Boboyats, Savlenkova) denied it. Mogilevsky, however, said that the purchases would continue.
After each delivery, Maria would pay for the restaurants Mogilevsky went to. He would invite, and sometimes demand, that all the department heads appear.
Based on all of the above, Yaroshevich and the other department heads formed the opinion that Mogilevsky was getting some kind of benefit from organizing the purchases.
The second witness is Nadezhda Valentinovna Vlasova, from 2014 to 2018 a senior nurse in the 7th ward, then a nurse in the reception and quarantine department of PND-9.
The witness confirms that she knows the defendant, worked under him when he was the medical director of PND-9.
In 2016, the head of the department, Savlenkova, said that there would be purchases of special protein food for some patients. On the first occasion, Savlenkova gave the witness a list of patients for whom she had to prepare statements and withdraw money from their accounts to purchase the food.
After the director approved the statements, Vlasova would take the documents to the accounting department. When the money arrived, she would be invited to the accounting department to receive it. The money was then given to Maria, the supplier’s representative. The witness did not know her personally. She also had an unidentified man with her at the meeting for the delivery of the money. About 200,000 rubles were handed over at a time.
The man who accompanied Maria counted the money, and Vlasova received the checks. The name of the protein food did not appear on the checks. For each resident who received food, a record was made of the name, the amount, and two checks (commodity and cash). The records were submitted to the social department for review, then to the director, and then placed in the residents’ personal files. The social department of the PND checked the correctness of the deed, and the compliance with the checks.
The witness did not think about the cost of food, but one day she saw a similar food in a pharmacy at the price of 70 rubles per can/package. She shared this information with Savlenkova.
The defense has no questions for the witness before the reading of the written testimony. The deputy asked to read out Vlasova’s testimony at the preliminary investigation because of contradictions. The participants did not object, and the court granted the motion.
Interrogation record of N. V. Vlasova, year 2020.
Food for disabled residents was purchased at their expense for 190 rubles per package – 5890 rubles per month. At the same time, the cost of protein food of domestic and foreign production was radically different. For example, in 2017-2018 she saw nutrition NutriEn, NutriSport, Growth Formula in pharmacies in St. Petersburg at a price from 80 to 100 rubles. Thus, that food was delivered to the PND at a price more than twice the market price. The funds of the disabled are personal funds that remain in their accounts from pensions and other payments after making all the necessary deductions. Each month, 70 percent of the disabled person’s income was transferred to the PND’s account.
The initiative to buy food came directly from Deputy Medical Director Mogilevsky, who passed the information on to the department heads at the meeting.
Also, the witness learned from Savlenkova that in 2016-2017 Maria Zhdanova, at the request of Mogilevsky, paid for restaurants after each nutrition food delivery. Chistyakov, the director of the PND, Mogilevsky himself, and the heads of departments who participated in the preparation of documentation for the purchase of food went there. Vlasova had never been to the restaurants because the head nurses were not invited.
Organizing the purchase and distribution of meals took a lot of time and effort, and Mogilevsky himself forced the department heads to increase the number of people to whom meals were assigned.
The litigants are posing clarifying questions to the witness.
Defense attorney Skurtu: Can you say whether Mogilevsky was interested in, for example, the benefit to the people held in the PND, including the staff? Saving time on feeding, for example?
Vlasova: Well, I can say about my residents, ours drank this food with pleasure.
Defense attorney Skurtu: So there was no throwing it away, not liking it, not liking the taste?
Vlasova: No.
Mogilevsky: Tell me, Nadezhda Valentinova, do you know the social welfare recipient Boroshko?
Vlasova: Yes.
Mogilevsky: On 8th of July, 2018, he was hospitalized from PND-9 to the Janelidze Emergency Institute. Do you have any knowledge about this fact? Did we discuss it with you?
Vlasova: Well, yes, we did. It was analyzed that he died.
Mogilevsky: And what was the cause of his death?
Vlasova: I don’t know.
Mogilevsky: Well, we discussed it with you. OK, I told you that on 7th of October 2018 Boroshko’s death occurred due to acute poisoning with a mixture of substances with neurotropic effect – chlorpromazine and barbiturates – which are in your custody?
Vlasova: Yes, they are.
Mogilevsky: After that, there were certain conclusions, that is, we had a criminal case opened by the Investigative Committee under Article 109 of the Criminal Code of the Russian Federation [causing death by negligence], but in the end there were no culprits. Tell me, are the chlorpromazine and barbiturates used in the department under your control?
Vlasova: They are not only under my control, I issued them…
Mogilevsky: Just a second, the issuance, the control, the keeping of the logbook documentation is under your direct responsibility?
Vlasova: Yes.
Defense Counsel Scurtu: What does that have to do with your case?
Mogilevsky: I’m just saying that our relations were not exactly cordial, so I was forced to transfer…
Vlasova: You’re not telling the truth at all! I have no claims against you, I am even very grateful to you.
Defense attorney Skurtu: Can you name one characteristic of Dmitry Alexandrovich?
Vlasova: One thing I can say is that you could always approach Dmitry Alexandrovich with a personal question, and he never refused, he always listened. And I would like to note that he was very loyal not only to the middle staff in the form of senior nurses, but also to the ordinary nurses and orderlies, which, frankly speaking, is very rare.
Defender Scurtu: So a man with rare human qualities?
Vlasova: Yes, I am ready to confirm that.
The interrogation is over, Vlasova leaves, saying goodbye and wishing Mogilevsky good luck.
The prosecutor requests a postponement of the trial in order to recall the witnesses who did not appear. The trial is postponed until 31st of March, 2022.
On March 31, the Krasnoselsky District Court of St. Petersburg continued the hearing of Mogilevsky’s case.
Mogilevsky was brought to the court, deputy prosecutor of Krasnoselsky district – Veseletsky, lawyers Skurtu, Zaitseva, Safonov appeared. The court draws the attention of the litigants to the fact that the prosecutor has been replaced.
The court asks Mogilevsky whether the lawyer Safonov, who entered the case, really represents his interests – the defendant answers in the affirmative.
The court received a motion from the victim, O.V. Polevaia. She asks to have the case in her absence, supports the civil suit filed earlier, and does not wish to participate in the pleadings.
Judge Ulanov informed the litigants that none of the witnesses called for today had appeared. He asks the defense if the attorneys agree to read the testimony of the witnesses without calling them again. Mogilevsky asks for an opportunity to consult with the attorneys. After a short break, the defendant and the attorneys declare that they agree to the disclosure of the testimony of the witness Ldova.
The record of interrogation of Tatyana Borisovna Ldova dated 9th of June, 2020 was read out.
The main part of the content is a verbatim copy of the interrogation transcript of N.V. Vlasova, which was examined at the previous hearing.
Since 2002, L’dova has been working as the head nurse of 6th ward. After 2011, the head psychiatrist of the department was Eva Lvovna Boboyants. Since 2018 Natalia Alexandrovna Savlenkova, who was for several years the head of the 7th ward, where the patients with the most acute and serious diseases resided.
In 2016, the practice of purchasing specialized protein food in the PND (psychoneurological dispensary № 9) began. Sometimes Nutridrink was supplied by foreign producers, but more often by domestic producers: Nutrien, NutriSport, Growth Formula.
The initiative to purchase came directly from the Deputy Medical Director Mogilevsky, who passed the information to the heads of departments at the meeting. At first, when the head of ward № 6 Boboyants assigned meals to a small number of residents, Mogilevsky made claims against her.
She also remembers that a medical commission was formed, in which Mogilevsky, Shishkova, Petrova and Arslanov were taking. They developed a standard form on which it was necessary to write the name of the person, emphasizing the reason for the prescription of protein food. The forms themselves were filled in by the heads of departments, then signed by the members of the medical commission. Then a board of trustees was held, which included the director of the PND, the deputy director of the medical part, the heads of departments, the chief accountant, the head of the social department. At the meeting they decided on the expediency of purchasing protein food. Then the boarding school sent a request to the Krasnoye Selo municipality, which is also the guardian of the disabled, for permission to spend the money. After receiving the permission, Mogilevsky would inform the head nurse (or write in a general chat on WhatsApp) about getting the money from the accounting department. The head nurses would write requests to release the money from the cash register, and usually after a day or two they would go to the accounting department and receive the money for reporting. Typically, in the amount of 200,000 to 300,000 rubles. After a few more days, Mogilevsky would either write in a general chat or instruct someone from the PND to call the head nurses and tell them to come over, hand him the money, and pick up the checks. The checks did not name the goods specifically, but usually said “special protein food”. A few days after the money was given, and the checks picked up, the food was delivered to the PND.
When the witness told the department head that she did not want to participate in this scam – writing statements, handing over money and receiving checks – she replied that they would both be fired.
The witness also learned from Savlenkova, Boboyants and others that in 2016-2017, Maria Zhdanova was fired at the request of Movnenkova and others. Maria Zhdanova at the request of Mogilevsky paid for restaurants after each delivery. Chistyakov, the director of the boarding school, Mogilevsky himself, and the heads of the departments involved in the preparation of documents for the purchase of protein meals went there. L’dova had never been to these restaurants, because the head nurses were not invited.
Based on the above, in L’dova’s opinion, Mogilevsky had a financial interest from the suppliers of food, which was supplied at a price significantly higher than the market price. There was no special purpose in these deliveries, as there was no visible positive effect on the patients, and organizing the purchase and distribution of food was time-consuming.
Prosecutor requests postponement of trial, recall witnesses. No objections, trial postponed.
