lorraine bayless ended up dying in the hospital. but there is this to keep in mind -- >> the statistics are as low as 3%, just 3 out of 100 people would survive. you know, cpr, when done properly, does often result in broken ribs, so, it can be very traumatic. >> reporter: tonight, doctors tell us, just because the odds of success are low, that doesn't mean you don't try to save a dying woman. dan harris, abc news, new york. >>> and now, we turn to another story, we're back in washington, on the first full day after the $85 billion in budget cuts kicked in. some members of congress have said it's time for all of us to tighten our belts. but abc's david kerley has been on the lookout. tonight, it's our "washington watchdog." >> reporter: they are iconic. washington, jefferson, franklin. oil on canvas portraits. but ed schafer? remember him? the 29th agriculture secretary? well, you paid for his painting. the latest for lisa jackson, the outgoing epa administrator. a $38,000 portrait. that's just ten grand less than what the average a

>> reporter: it's 11:07 on tuesday morning. 87-year-old lorraine bayless has collapsed in the diningm, is unconscious and barely breathing. fire and ambulance crews are on the way. it takes about four minutes of question and answer for tracy halverson, the dispatcher, to assess the situation. >> we need to get cpr started. that's not enough. >> we can't do the cpr at this facility. >> then hand the phone to a passerby. if you can't do it -- give the phone to a passerby to do it that can do cpr. give them the phone, please. or if you have any citizens there. anybody there can do cpr. give then the phone, please. i understand if your facility is not willing to do it, give the phone to that passerby, that stranger. i need -- this woman is not breathing, she's going to die if we don't get this started. do you understand? >> i understand. i am a nurse. but i cannot have our other senior citizens who don't know cpr -- >> i will instruct them. >> -- in the dining room. >> i will instruct them. is there anyone there who -- >> i can't do that. >> i don't understand why you're not willing to h

the nurse at glenwood gardens in bakersfield said, lorraine bayless collapsed and couldn't breathe. the elderly living facility has a policy against its employees providing medical care. bayless later died. so far, police say, they have found no evidence of wrong doing. "well there are several different angles that we need to make sure, that our detectives need to conduct proper followup, just to ensure that there is no criminal culpability, and so all i'm saying at this point is to date we have found no criminal culpability on the part on any of the employees of glenwood gardens, so that's gonna take time to sort out all the details. >> pam: a fire department incident report shows, emergency workers did not find a do -not-resuscitate order for the victim. we will be right what do you think of this one? ♪ ♪ really? ♪ ♪ what's this? this is a rose i made from a turnip. let's try together. ♪ ♪ perfect. two worlds that fit in one kitchen. come in today and save up to 20% on a kitchen from ikea. >> pam: twelve former florida a-and-m university band members have been charged with manslau

. >> reporter: 87-year-old lorraine bayless was in the dining room of the glenwood gardens retirement home when she collapsed. the 911 operator spent most of the seven-minute call trying to convince a woman who identified herself as a nurse to perform c.p.r. >> reporter: the caller refused. she said glenwood gardens would not allow her to perform c.p.r. on residents. >> reporter: the executive director of the facility said in a statement that in the event of a health energy at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. glenwood gardens is what's known as an independent living facility. unlike nursing homes and assisted living, it's not licensed to provide medical care or c.p.r. marybeth bersani is with the assistant living federation of america. >> in an independent living community, it's basically a senior apartment where amenities are provided such as meals housekeeping, and activities but no care is provided. >> reporter: it took 6:19

the call is from tuesday morning when 87-year-old lorraine bayless collapses in the dining room and is barely breathing. on the other line is the dispatcher. >> reporter: she grows increasingly frustrated during the seven minute and 16 second phone call. begging the nurse to perform cpr or put someone on the phone who's willing to try. a passer-by even another resident at the facility. >> reporter: help comes too late. an ambulance takes bayless to the hospital where she dies. reports say she did not have a do not resuscitate order and although the worker was following policy, this death opens up a legal can of worms. >> lawsuits are the least of their problems. they're looking at lawsuits that could put them out of business. every person in the facility and the owner of the facility could be looking at license revocation from the state and they could be criminally prosecuted on theory of homicide. >> reporter: elissa harrington reporting. so how could this happen? bayless is part of the independent facility at glenwood gardens like the apartment complex for seniors. it's separate from

on tuesday, the victim lorraine bayless collapsed inenwood gardens dining hall, but despite pleas from the 911 dispatcher a nurse at facility refused to give cpr. >> we can't do cpr. >> hand the phone to the passerby. if you can't do it, hand it to the passerby and i will have her do it or any does hes there. >> no. no. >> anybody there can do cpr. give them the phone, please:i understand if your facility is not willing to do that. give the phone to that passerby, that stranger then. this woman is not breathing enough. she is going to die if we don't get this started. do you understand? >> the blenwood gardens cal are said it was against the facility's policy to perform cpr. >> we're going to let this lady die? >> that is why we're calling 911. >> she can't wait right now. she is stopping breathing. she can't wait for them to get there. >> seven minute after the 911 call was made an ambulance arrived and took playless to the hospital where she died. facility's executive director promised and internal review, but added residents know there is no nurse on stap to provide assistance sayin

this bakersfield independent care facility for the elderly flat out refuses to help 87 year old lorraine bayless911 dispatcher:"is there anybody that works there that's willing to do it?" >> "we can't." >> 911 dispatcher:"we're gonna let this lady die?" >> "that's why we're calling 911." >> 911 dispatcher:"we can't wait. she can't wait right now. she is stoppingbreathing." >> reporter: the 9-1-1 operator practically begs the woman at the facility - who identifies herself as a nurse - to either help or find someone who can. >> "anybody there can do cpr please, just give them the phone. this woman is not breathing enough. she's going to die if we don't get this started, do you understand?" >> "i understand. i am a nurse. but i can't have our senior citizens, who don't know cpr." >> 911 dispatcher:"i will instruct them." >> "we're in a dining room." >> 911 dispatcher:"i will instruct them. is there anyone there who. i don't understand why you are not willing to help this >> "i am." >> 911 dispatcher:"great! then i will walk you through it all. ems takes the liability for this, colleen. ok? i'm happ

. >> lorraine bayless was eventually transported to the hospital but she later died.legal panel joins me now for more on this. first of all, i think randy, you need to layout what some of the rules and regulations and contracts are at facilities like this. because it make change the dynamic of how people feel about this. >> you need to understand and our audience needs to understand a few things. first of all, a couple of akron nims, dnr, do not res as you say ta tate and advanced cardiolife support, when somebody is in really bad shape and the heart stops and the extraordinary m h measures you have to take to revive them. this was a retirement home and as a condition of residing here, you sign a contract that says in the event you need life support, we're not going to do it. we will call 911. and the residents agreed to this. why? because studies show 5% of elderly patients who need the acla, advanced cardiolife support don't survive, if they do, they are even worse. this retirement home has a policy, we'll get the hospital but we're not getting involved. if you don'

>> it's 11:07 tuesday morning, 87-year-old lorraine bayless collapsed in the dining room and unconsciousy breathing. fire and ambulance crews are on the way. it takes about four minutes of question and answer for tracy al verson to assess the situation. >> we need to get cpr started that's not enough. >> we can't do cpr -- >> hands onto the passer by. i'll have her do it. if you have any -- >> no, no. >> anybody there can do cpr, give them the phone please. i understand if your facility not willing to do that. give the phone to pa passerby, this woman is not breathing enough, she's going to die if we don't get this started do you understand? >> i understand, i am a nurse but i cannot have our other senior citizens who don't know cpr. >> i will instruct them. >> in the dining room. >> i will instruct them. is there anyone there -- >> i don't understand why you're not willing to help this patient. >> i am, okay, great, i'll walk you through it. ems takes the liability for this [ bleep ]. i'm happy to help. this is even ems protocol. >> can you get -- right away? she's yelling at me and say

. >> reporter: lorraine bayless collapsed in the dining room of a retirement center and nursing home.he 911 dispatcher tried to give instructions to the caller about how to perform cpr, but the nurse at the facility said it was against facility policy for the staff to do that. >> it's a human being. is there anybody that's willing to help this lady and not let her die? >> not at this time. >> no, they won't touch her at all. >> reporter: the dispatcher pleads with the nurse repeatedly asking about there was anyone who would perform cpr if the nurse would not? >> anybody there can do cpr. give them the phone, please. i understand if your facility is not willing to do that. give the phone to that passerby, that stranger. this woman is not breathing enough. she's going to die if we don't get this started. >> reporter: with every passing second bayless' chances of sur skriefal are diminish and her tone turns desperate. >> is there a gardner or flag someone downen 0 the street and get them to help the lady. >> reporter: bayless was pronounced dead at the hospital. and glenwood gardens rele

jon: paramedics were not able to save 87-year-old lorraine bayless. police in california are investigating this case the owner of the facility is now saying that the person you heard on that call, who spoke with 911, is not a nurse and was instead a member of the company's administration. we'll continue to follow the story for you and bring you any new information as it comes in. >> some terrifying moments for a single mother who went out on a run to the convenience store one day or night, a man tries to kidnap her in the store's parking lot. the whole thing is cute on tape. we'll show you what happens and what police are doing about it. jenna: olympic star oscar pistorius accuse of murdering his model girlfriend now caught in the middle of a family feud playing out in the press. what his father said that is sparking a whole lot of controversy. jon: new next hour, accusations that big spenders with at least half a million bucks are going to be able to pay to get access to the president. the latest on that bubbling controversy. >>> plus, major concerns

they are now saying a refusal to start cpr after lorraine bayless collapsed resulted from a completewith regards to emergency medical care for our residents. >> you can talk to my boss and i'm -- >> they are refusing cpr. they are going to let her die. >> reporter: jeffrey toomer offered after this 911 call came into light. he said, our practice is to immediately call emergency medical personnel until such person arrives. that's the protocol we followed. the controversial policy had been in question from the beginning with one family member of a residents claiming toomer said it didn't exist during a meeting with residents last week. the staff member you heard on the 911 tape is currently on voluntary leave and brookdale is reviewing policies at facilities all across the nation. don? >> thank you very much, lauren. controversial leader dies. live pictures now that you're looking at hugo chavez' body so he can lie in state. mourning for a while there. these are live pictures you're looking at. we'll update you on this on the other side of the break. used s to book this fabulous hotel.

. >> reporter: these are the frantic moments leading up to the end of lorraine bayless's life. >> wer. >> reporter: the 87-year-old seen here collapsed in the dining room of glenwood gardens on tuesday. a nurse can be heard in the 911 calls arguing with the dispatcher and refusing to try to save bayless' life. >> i need you to hand to it the passer by. or any citizens there. >> no, no. >> we need this woman's not boo breathing enough. she's going to die. do you understand? >> i understand. i am a nurse, but i cannot have our other senior citizens who don't know cpr. >>ly instruct them. >> we're in a dining room. >> okay, i don't understand why you're not willing to help this patient. >> reporter: but the nurse remained steadfast, insisting it's against company policy to give bayless cpr. >> we're going to let this lady die? >> that's we we're calling 911. >> we can't wait. she can't wait right now. >> he's saying we don't. so you can talk to my boss. >> but if there's any, as a human being, is there anybody there that is willing ing ting this lady and not letter die? >> not at this t

, they are saying they don't plan to sue because she did not want to be arrived. 87-year-old lorraine baylessthe glenwood gardens retirement home in bakersfield last week. on the 911 tape a nurse at the home refused to perform cpr saying it was against the center's policy. well, the bayless family released this statement "it was our beloved mother and grandmother's wish to die naturally and without any kind of life-prolonging intervention. she was fully aware that they did not offer trained medical staff." the. >>> widow of a bay area visitor gunned down during a robbery will face the murder trial this morning. jinghong kang was from virginia and viteing the -- visiting the bay area for a job interview with google. >> he was not only my husband. he actually was my best friend. also. so the lost of him is not -- not only the loss of a husband. it's the lost of everything. >> george huggins and his girlfriend have been charged with the killing. huggins' trial starts today. >>> let's go right back to sal. >> i'm just trying to put up a map of it if you will pardon me. let me do one thing. this i

the mother of lorraine bayless is a nurse, and she's the one that said i'm not interested in anythingand knew what the guidelines were. there was a gentleman there whose son is a firefighter who saw this happening and said somebody should have jumped in. now his son is also becoming very vocal and saying something should have been done. >> we're sitting here, they were there. they know better. but i agree with that guy. if somebody is dying, somebody do something. >> just be a good samaritan. >> exactly right. >>> let's talk about a new warning about the so-called nightmare bacteria. it can cause deadly infections at america's hospitals. abc's chief medical editor dr. richard besser showing us why these pose such a danger. >> reporter: isolation rooms. surveillance cameras. hospitals in a race against time to contain nightmare super bacteria. before it spreads from the hospital out into the world. how big a deal would it be if c.r.e. got out of the hospital and set up shop in the community? >> it would be nothing short of catastrophic. >> reporter: this is the enemy. a group of intest

california said the employee you just heard on tape acted correctly by refusing to perform cpr on lorraine baylesster issued a statement saying, quote, the incident resulted from a complete misunderstanding of our practice with regards to emergency medical care for our residents. the employee now on voluntary leave while the case is being investigated. the bayless family says they're satisfied, though, with the care she received. >>> he was an iconic figure in pro wrestling. this morning wwe announcing paul barer had died. how he died is not being released yet. he was long-time manager of the undertear. bearer, whose real name was william moody, was known for his mostly white make-up, high pitched voice and the urn he carried in the ring. he was a licensed funeral director. he was 58 years old. >>> a top ballet dancer who recently played ivan the terrible making a sinister confession overnight. he ordered the acid attack that nearly blinded the theater's director. >> i masterminded this attack, but not the extent that eventually happened. >> gretchen: it's believed the two had bitter fights over r

lorraine belas collapse and couldn't read. the elderly living facility has a policy against its employees providing medical care. bayless now investigating whether there is any criminal wrongdoing. a lot of folks commenting on our facebook page. carroll says i have been told that if a registered nurse does not help someone who needs medical assistance, they can be held liable. this nurse should be held liable for this woman's death and no it's and above all about it. she should be arrested and prosecuted for this woman's death. monica's says there is a reason why she isn't home. could the rest the tariff barrier could also be deodar. i feel you cannot judge the merits because really did not know the details of this certain case. amanda's as we have turned into a country where everybody is afraid of being sued, sad sad story. the tennessee company that owns a bakersfield facilities as the woman was hired to be a resident services director, not in ours and that that would balance facility as an independent living facility and is not licensed provide medical care to any of its residents. what do you think? and conversation

lorraine baylesss collapsed and cannot breathe. the elderly living facility has a policy against its employees providing medical care. bayless criminal wrongdoing. >> michael o. winds stated " i truly believe homicide charges should be filed against management. the nurse needs a few years behind bars to think about her morals. no job is worth letting someone die. " >> philip quim stated " heartbreaking. the dispatcher really did an extraordinary job in trying to arrange for help for the poor elderly lady. " >> the tennessee company that owns the bakersfield facilities says that the woman was hired to be a resident services director, not a nurse and a glenwood gardens facility is an independent living facility and is not licensed to provide medical care to any of its residents. >> what do you think? join the conversation on our facebook page. >> the fbi has released files on if you investigations that cothey conducted on behalf of whitney houston. records released yesterday show that the agency conducted one investigation into an alleged extortion attempt in 1992, but they determine no crime occurred. they also found no evide