Friday, May 4, 2007

Death puts focus on CPS

Death puts focus on CPS
Child Protective Services had warnings before girl, 12, starved to death.
By Christina Jewett - Bee Staff Writer

Last Updated 9:03 am PDT Wednesday, April 4, 2007

As 12-year-old Daelynn Foreman slowly dwindled to 23 pounds and starved to death, Child Protective Services agents were warned at least twice that the Orangevale girl was not being properly cared for, court records show.

Despite that, the girl -- who dropped from 60 pounds at age 9 to 46 pounds at 10 and finally to half that -- remained in the care of her 33-year-old mother, Brandy Foreman, until the girl died last July 31.

Over the last 15 months of her life, there were indications that Daelynn, who had cerebral palsy, was not receiving medical care and was dangerously thin, court records show, but child protection officials took little action to save her.
"Bed sores on her pelvis reached all the way to the bones, which were exposed through several open holes in the skin," court documents describing her condition at the time of death state.

"One hole with exposed bone was about 1 inch wide."

Daelynn's mother was arrested Saturday and charged with homicide, neglect and methamphetamine sales and has her next scheduled court appearance today.

She has yet to enter a plea.

Linda Parisi, Foreman's public defender, said Foreman faced a complex caregiving job.

"These issues are part of the entire constellation of the physical and psychological issues that a caregiver is dealing with, as opposed to deliberate conduct on the part of a caregiver," Parisi said.

Sacramento County Child Protective Services officials will not comment on the case, saying confidentiality laws prevent them even from discussing whether they had opened a file on Daelynn.

However, since her death the agency has reviewed its policies related to medically fragile children, said Lynn Frank, director of the county's Department of Health and Human Services, which oversees CPS.

"I can truthfully say I'm crushed and heartbroken about what this poor child had to endure," Frank said.

A member of the county's child death review team who is familiar with Daelynn's case said more action should have been taken.

"This could have been prevented; this child did not have to die," said Sheila Anderson, who also is president of Sacramento's Child Abuse Prevention Council.

"There were many instances when this could have gone another way."

In seeking a warrant to arrest Foreman, Sacramento County Sheriff's Detective Brian Shortz detailed efforts to help Daelynn that fell tragically short.

The first indication that Brandy Foreman resisted caring for her daughter came in April 2005, when CPS demanded that she take the girl to a doctor or the agency would take unspecified action against her, Shortz's warrant request states.

Foreman complied, and during the appointment the doctor urged her to take Daelynn to her pediatrician and other specialists.

At the time, Daelynn was 10 and weighed 46 pounds, 14 pounds less than she had been a year earlier during a previous doctor's visit.

The April 2005 appointment was the last time Daelynn was seen by a doctor, despite the fact that her pediatrician called Foreman asking to see the girl about six times over the next six months, court documents state.

A short time after that, Foreman stopped sending her daughter to school at the Ralph Richardson Center in Carmichael, which educates severely disabled children.

Foreman did that without seeking the required medical release or doctor's visit, the documents state.

That fall, an in-home teacher from the school, Cherie Bates, began visiting Daelynn twice per week.

In April 2006, Bates noticed Daelynn getting thinner and mentioned it to Foreman, then reported her concerns to CPS, the documents state.

In June, Bates again urged Foreman to take Daelynn to a doctor, and Foreman told Bates that she would do so the next day. But no record of such a visit exists, court records say.

The girl died 40 days later.

From June until Daelynn's death, Foreman either cancelled Bates' visits or left her waiting at a locked gate.

On July 31, paramedics found Daelynn dead in her rented Orangevale duplex.

Foreman said Daelynn ate nothing, but drank nutritional supplements in the three days preceding her death, documents show.

Within 48 hours of when a child dies of suspected abuse or neglect, CPS is required to send a report to the state Department of Social Services detailing the agency's involvement with the family and findings about neglect.

CPS filed the report, but neither that agency or the state would release it this week.

Instead, state officials said Thursday that CPS did not provide enough evidence for them to rule that substantiated abuse or neglect occurred in Daelynn's death.

"We're not saying this is not a case of abuse or neglect," said Shirley Washington, spokeswoman for the social services department.

"But based on information (provided by the county), it does not qualify as a case of substantiated abuse or neglect."

Frank, who oversees CPS, said she did not know how the state arrived at that decision.

The case was on hold for seven months as sheriff's officials awaited the coroner's conclusion -- which essentially said Daelynn starved to death.

They arrested Foreman Saturday.

That day proved to be a dramatic one in Foreman's neighborhood near Hazel Avenue and Greenback Lane.

When sheriff's deputies arrived, a man dived off Foreman's second-floor balcony to a garage roof and ran from police.

Deputies caught Eric M. Parker, 36, and arrested him on suspicion of possession of marijuana and methamphetamine for sale, as well as on a parole violation.

Neighbors said Foreman's half of a Sherry Drive duplex had round-the-clock visitors who stayed for five minutes.

Neighbor Michelle Talkington, who has a 13-year-old daughter with cerebral palsy, chides herself in part for Daelynn's death.

"If all of us were friends and involved, this wouldn't have happened," Talkington said, gesturing at her neighbors' home on the middle-class block.

"We don't know (Foreman). But at the same time, we should have."

About the writer:

* The Bee's Christina Jewett can be reached at (916) 321-1201 or cjewett@sacbee.com.

Wednesday, April 11, 2007

Abused 2 Year Old Statesville Girl Saved

Condition of injured toddler improves
4/11/2007 8:42 AM
By: News 14 Carolina
http://www.news14charlotte.com/content/local_news/?ArID=136526&SecID=2

STATESVILLE, N.C. -- A toddler believed to be the victim of child abuse has been upgraded to fair condition.

Police say 2-year-old Sylvia Martinez was rushed to the hospital on April 2 when she lost consciousness at the home her mother shares with Armando Flores Morales. They say an examination showed strong indications of physical abuse.

Morales is charged with felony child abuse and the girl's mother, Heather Altman, is charged with accessory after the fact.

The Department of Social Services has custody of the girl.

Note from Chris Cejas Memorial: Fortunately, this child was saved from being killed but this is yet another grim reminder of why we need to work to end this now!

Monday, April 9, 2007

Helping kids protect themselves

Helping kids protect themselves
10:40 AM EDT on Monday, April 9, 2007
http://www.wcnc.com/news/topstories/stories/wcnc-040907-jmn-DBAV-kids_protect.58efd0a.html

By DAN STARKS / WCNC
E-mail Dan: DStarks@WCNC.com

Hundreds of thousands of kids are reported missing every year in the United States and a new program is working to help children look out for themselves.

On average, more than 2,000 kids are reported missing each day. A new program called radKIDS is working to empower kids to protect themselves. The Mecklenburg Medical Alliance sponsored the training in Charlotte. About two dozen adults are now certified radKIDS instructors here in Mecklenburg County. They will take their training to schools and community organizations, teaching kids.

Steve Daley travels around the country as a trainer for radKIDS teaching adults to teach kids.

“Basically you don't have to think about it and because it is instinctive, the mindset is the most important part that a child understands is that no one has the right to hurt them, and then we add the physical skill and it actually happens almost automatically,” he said.

Making it instinctive is the program's biggest asset according to Daley.

“Instead of 'help me help me' it's 'how dare you touch me,'” he said.

So far Daley said more than 30 radKIDS have saved themselves from abduction, but we may never really know how many kids they've helped.

“Most radKIDS escape before the abduction starts. Its a bad day when the bad guy grabs you,” said Daley.

For more information on the self-defense training for kids, contact the Mecklenburg Medical Alliance.

Safety tips for kids

Bad people come in a variety of forms, to a stranger looking for a lost puppy, to a stranger approaching them in an automobile.

Your child’s best strategy is to keep some distance between themselves and any stranger.

Your child should learn how to make as much noise (drawing attention) as possible.

Teach your child that it’s OK to strike a stranger if the person puts a hand on them. They should learn how to strike with their feet, elbows, hands and even their head.

They should learn to run to safety…not away from danger. Teach them what a safe place is and how to “choose the shoes”.

There will be programs starting soon addressing these issues through a course called radKIDS.

Watch video at http://www.wcnc.com/news/topstories/stories/wcnc-040907-jmn-DBAV-kids_protect.58efd0a.html

Forensic nurses vital for making case

Forensic nurses vital for making case
3/23/2007 5:34 PM http://www.news14charlotte.com/content/local_news/?ArID=135934&SecID=2
By: Megan Bradley

CHARLOTTE -- Police may arrest sexual assault suspects but forensic nurses are vital to making the cases. Without them, the arrests might never happen.

Just this week, police arrested a Gastonia man and charged him with sexually assaulting a six-year-old. Cemal Roberts, 26, is behind bars in large part because of evidence collected by a forensic nurse.

The nation is glued to crime investigation television. Real life forensic work may not be as glamorous, but the approach is the same.

“Thinking outside the box, getting evidence from places you’d never thought you would be able to collect evidence from,” explained Manager of Forensic Nurses Kellie Harney.

Forensic nurses like Harney preserve and document evidence from assault victims who enter the ER. The collection begins with clothing and continues until every possible clue has been uncovered.

“If a victim is drug out into the woods, we collect evidence like leaves and stuff in that area that was on the victim, so we can pinpoint certain areas that further investigation will allow us to put together the pieces of the puzzle,” Harney continued.

A DNA finding is the ultimate goal of the exam. Find that and you can almost count on a conviction.

It's why Harney does it.

“I like empowering women to be able to do something about what happened to them,” she said.

That’s possible now because of the teaming up with the District Attorney’s office and law enforcement.

“Between all of us, it’s a huge victory,” Harney said.

In addition to sexual assault, forensic nurses play key roles in domestic violence, child neglect and elder abuse cases. Just like the hit dramas on television, every day more of these programs pop up in real-life emergency departments.

Both Presbyterian Hospital and Carolinas Medical Center have forensic nurses on staff.

Watch video at http://www.news14charlotte.com/content/local_news/?ArID=135934&SecID=2

Sunday, March 25, 2007

Man found guilty of beating son to death

Man found guilty of beating son to death
The boy, 12, was handcuffed, starved, whipped with belts and pounded with a golf club.

By Ramon Coronado -- Bee Staff Writer
Published 2:15 am PDT Saturday, April 22, 2006
Story appeared in Metro section, Page B1
http://www.sacbee.com/content/news/courts_legal/story/14246612p-15064436c.html

A Sacramento Superior Court jury on Friday convicted Andrew Anthony Cejas of beating to death his 12-year-old boy because he thought his son was overweight.

The jury found the 38-year-old registered sex offender guilty of first-degree murder, but found that he didn't torture the boy, a contention that carried a life term with no parole.

Cejas faces 75 years to life at sentencing May 18 before Judge Gary S. Mullen.

Christopher Cejas of North Carolina, who lost 35 pounds over a four-month stay with his father and stepmother, was kept from eating by being handcuffed to doorknobs and an entryway post in their Watt Avenue apartment.

When he was found Aug. 21, 2002, he had more than 74 wounds, including a severed liver, torn kidney and bleeding in the brain.

Trial evidence showed that over four days the boy was whipped with belts and pounded with a golf club. A videocamera poised near his bed recorded his every move at night.

Evidence revealed that an upstairs neighbor could hear the boy crying out in pain and called authorities, but never told them the boy's name or where they could find him.

The 33-year-old stepmother, Kathryn Elizabeth Potter, who was sentenced on April 7 to 15 years to life, stood by and watched as the elder Cejas carried out the relentless whippings because she hated and was disgusted by the boy, court records show.

Potter, who had 8-year-old twin girls from a previous relationship and a 3-year-old boy fathered by Cejas, had been contacted by Child Protective Services and warned to never leave her husband alone with the children because he was a registered sex offender, according to trial evidence.

Although his jury was never was told, Cejas was convicted in 1993 of two counts of sexually molesting the 9-year-old sister of his former wife.

Deputy District Attorney Robin Shakely, who argued that the boy was tortured, told jurors that Potter started starving the boy by keeping food from him and locking the bathroom at night. The stepmother didn't like the boy's eating habits and thought he was overweight, the prosecutor alleged.

The stepmother also chronicled the boy's misbehavior in journals she kept for Cejas, who would carry out the beatings, prosecution evidence showed.

Cejas' lawyer, Alan Whisenand, said Cejas never drank alcohol or took drugs and was away from home much of the time due to his home-improvement business.

The public defender didn't dispute the boy was murdered, but blamed the slaying on the stepmother, who he said was insanely jealous and feared Cejas would reunite with the boy's mother.

The day the boy was found dead on the floor of his bedroom, Potter claims to have covered his body with a blanket before leaving with her children to meet in Redding with her father, a retired police officer.

In Redding, Potter told authorities how she left the boy. They, in turn, contacted Sacramento County deputies, who found the body.

Cejas left home that morning for a sheriff's work project picking up trash for failing to register his address as sex offender. He was arrested when he returned home.

The Bee's Ramon Coronado can be reached at (916) 321-1191 or rcoronado@sacbee.com.

Stepmother sentenced in starving boy's murder

Stepmother sentenced in starving boy's murder
She gets 15 years to life for role in abuses that led to his death.
By Ramon Coronado -- Bee Staff Writer
Published 2:15 am PDT Saturday, April 8, 2006

For four days, Christopher Cejas, 12, was slowly starved and then savagely beaten to death because he was overweight.

The boy was the victim of "relentless whippings" at the hands of his father while his stepmother watched, according to a probation report for Kathryn Elizabeth Potter, who was sentenced Friday for second-degree murder for her role in the boy's death.

"All she had to do was to feed him. All she had to do was to call 911," Deputy District Attorney Robin Shakely said in court Friday.

The 33-year-old mother of three of her own children was sentenced to 15 years to life in prison.

Andrew Anthony Cejas, the boy's 38-year-old father, is on trial for murder in a separate proceeding that opened earlier this week.

Potter was convicted of the lesser charge of second-degree murder in December.

"She left him to die with no human comfort. He died in incredible pain. He died while his father snored in the next room," Shakely said.

The boy, who lost 35 pounds over a four-month period while living with his father and stepmother, was handcuffed to doorknobs and an entryway post in their Watt Avenue apartment. When he was found Aug. 21, 2002, he had more than 74 wounds, including a severed liver, torn kidney and bleeding in the brain.

One day Potter left the boy handcuffed to a hallway door and left to rent a video. When she returned she watched the movie while the boy remained handcuffed, unable to see the movie, the probation report said.

The father's public defender told jurors this week that Potter is to blame for the boy's death. But Potter's lawyer, James R. Greiner, said Potter was the victim of battered women's syndrome.

The father not only abused Potter, but was the one who inflicted the beatings on the boy, Greiner said. She had black eyes and strangulation marks on her neck, he said.

Judge Gary S. Mullen said he believed a domestic violence expert who testified that Potter was held captive in a web of domestic violence.

But, the judge said, "I do believe Ms. Potter had numerous opportunities to act."

The boy's grandmother, Patricia Dazis of North Carolina, was not convinced that Potter deserved any mercy.

"I am baffled that you let this happen, for even today I would step in front of a bus to save one of your children because that is what life is all about," the grandmother wrote in a letter that was read in court.

"You married a monster and became a monster yourself. Coast to coast there are people whose lives changed when they heard the words, 'Chris is dead,'" Dazis wrote.
Many in the family are on antidepressant medications. Two months after the death, Patricia Dazis' husband, the boy's grandfather, was admitted into a hospital and told he would be on psychological medication for the rest of his life, the probation report said.

The boy's mother, Alex Chirino, 39, was institutionalized. Chirino, who raised the boy, allowed her son to come to Sacramento to get to know her biological father. What was to be a stay for a couple of weeks turned into several months.

On Wednesday, Chirino was in Sacramento to testify against the father.

"The thought of describing what it is like to lose her only son is too painful for her to contemplate, let alone describe in words," Shakely said after the sentencing.

"Some emotions are so dark that words can't be found to describe them," Shakely said.

Trial begins for father in starving boy's death

Trial begins for father in starving boy's death

By Ramon Coronado -- Bee Staff Writer
Published 2:15 am PDT Wednesday, April 5, 2006

http://www.sacbee.com/content/news/story/14239065p-15059289c.html

Twelve-year-old Christopher Cejas didn't have a chance.

A neighbor could hear the boy crying out in pain and called authorities, but she never told them the boy's name or where they could find him.

The boy was slowly being starved to death and had lost 35 pounds. He was handcuffed, and a video camera next to his bed recorded his every move.

When he was found dead he had more than 74 wounds, a severed liver, a torn kidney and bleeding in the brain.

"Sometimes marriage brings out the worst in a couple," Deputy District Attorney Robin Shakely said in opening statements in the murder trial of the boy's father, Andrew Anthony Cejas, 38.

The boy's stepmother, Kathryn Elizabeth Potter, 33, has been found guilty of second-degree murder and is scheduled to be sentenced Friday.

Though the mother "had more issues than you can imagine," it was the father who used a golf club and belts to pound the life out of the little boy, Shakely told jurors in Sacramento Superior Court.

In his opening remarks, Assistant Public Defender Alan Whisenand said the father loved his son and wanted to give him "the gift of a new life."

It was the stepmother who was "filled with anger" and carried out "cruel, barbaric forms of discipline and unspeakable acts," Whisenand said.

"She treated Chris in vile ways. Andrew didn't know she was on the verge of exploding," the defense attorney told jurors.

"Chris was murdered, but not by his father," Whisenand said of his client.

Andrew Cejas is on trial in connection with the Aug. 21, 2002, murder of his son with a special circumstance of carrying out the killing through torture.

He faces life in prison with no parole if convicted.

Christopher Cejas was having behavioral problems in school in North Carolina and moved in with his father and his new wife in the summer of 2002.

Sacramento County sheriff's deputies found the lifeless body of the boy lying on its side under a blanket on the bedroom floor of their Watt Avenue apartment. Andrew Cejas was arrested that afternoon.

Potter, who worked as a dog trainer, had left home earlier in the day with her 8-year-old twin daughters and 3-year-old son. She had arranged to meet her father in Redding, where he accompanied his daughter to the Redding Police Department. After investigators interviewed her, Sacramento County sheriff's deputies were asked to check on Christopher.

In court testimony, Fran Frank said she baby-sat for Potter and said she would see Potter punishing Christopher by making him stand with his nose against the wall of a corner.

One time, Frank said, the couple took the boy to a home for children who don't listen to their parents.

When they returned Christopher was "very scared," Frank testified.

Potter told her she "hated" Christopher and that he was an "ugly and mischief child" who was too much for her to take care of, Frank said.

Darren Smith, a longtime friend of Andrew Cejas, testified the two worked together for a home improvement company and would be out of town for long periods of time.

Smith said Potter and Cejas were "volatile" and often had fights that he would have to break up.

"Andrew was the head of the house," Smith said.

But under cross-examination, the defense attorney attempted to show that Potter ran the family, sometimes with violence.

Potter would throw things at her husband and once slapped him in the face, Smith said.

Testimony resumes this morning before Judge Gary S. Mullen.

About the writer:

The Bee's Ramon Coronado can be reached at (916) 321-1191 or rcoronado@sacbee.com.