Forensics Talk

Factors Affecting Juror Decisions in Historic Child Sexual Abuse Cases Involving Continuous Memories

Criminal Justice & Behavior

Joanna D. Pozzulo,Carleton University,

Joanna_Pozzulo@carleton.ca

1. Julie L. Dempsey
   1. Carleton University

1. Charmagne Crescini
   1. Carleton University

Abstract

   "The study investigated how jurors perceived historic child sexual abuse (HCSA) cases involving continuous rather than repressed memories of the abuse. Mock jurors (N = 295) read a simulated trial transcript involving a case of HCSA that varied the length of delay between the end of the alleged abuse and time of reporting (2 vs. 15 vs. 30 years), relationship to the alleged victim (uncle vs. former coach), and abuse frequency (1 vs. 12 times). The effects of these variables on mock jurors’ decisions were investigated. The shorter delay led to significantly higher guilt ratings and lengthier sentence recommendations compared with longer delays. Mock jurors assigned higher guilt ratings when the defendant was the uncle rather than the coach but only when the abuse was perpetrated once rather than 12 times. Mock jurors were more confident in their verdict decisions when the defendant was the uncle rather than the coach and when the abuse occurred 12 times rather than once."

Tonya Craft Trial Revisited

This past week, I've been taking another look at the Tonya Craft trial, after discussing parts of it with another blogger on here. Specifically, I'm looking at the actions and testimony of both Suzie Thorne and Detective Deal.

Although I won't go so far as to call them all liars, having finally read the trial reports on their testimony, I do have some questions of my own, which I'll be covering over the next few days. As usual, I'm not into ranting and raving. I prefer to deal with facts and ask questions. And I do have quite a few questions as well as comments regarding some questionable competency and documents.

Police: Father Abused Family for '15 Years or Longer'

Baltimore Sun

Dave Nethers Fox 8 Reporter

7:29 p.m. EDT, September 4, 2010

 

MADISON TWP., Ohio — " Police said what happened in the Ledge Road home of Jeffrey York for years only first became apparent after they got a call about a sex offense in December.

Two officers who went to the home were asked not only to make an official report of the crime, but were also asked by York's wife to help her and the couple's seven children leave.

In the months since, investigators say family members started telling them of mental and physical abuse, of being cut off from society and live in an environment where they were afraid to do anything about it."

---

---

" The accusations have lead to an indictment of York on charges that include: two instances of rape involving a female under the age of 13, five instances of gross sexual imposition, six counts of child endangering, one count of aggravated menacing and five counts of domestic violence. . . " Read More

Calif. Man Gets Death for Sexual Assault, Torture, Murder of Girlfriend's 5-Year-Old Daughter

CBS News Crimesider

Posted by Edecio Martinez

SAN FERNANDO, Calif. (CBS/AP) "Antonio Rodriguez has been sentenced to death for sexually assaulting and beating to death his girlfriend's 5-year-old daughter, Desarie Saravia.

The 29-year-old southern California man was sentenced Thursday in a San Fernando courtroom for the 2004 attack. He was convicted in July of murder, torture and other charges.

Prosecutors say Rodriguez brutalized Desarie and her 6-year-old brother for months before he molested and beat the girl in a park restroom.

He'd taken the children to the park while their mother cleaned a house nearby.

Superior Court Judge Ronald S. Coen said during sentencing that Rodriguez had extinguished the light of an angel.

The girl's mother, 32-year-old Debby Saravia, is awaiting trial on murder and other charges."

Whistleblower Claims “Culture of Corruption” Among Inspectors Partly to Blame for BP Gulf Disaster

FraudBlawg

by fraudblawg on June 10, 2010

     "For more than two decades, Bobby Maxwell supervised Minerals Management Service (MMS), a division of the Interior Department and the primary federal agency overseeing safety inspections in the more than 3,500 oil rigs in the Gulf of Mexico. Speaking to CNN, he described the agency’s relationship with oil companies as “a culture of corruption… hunting trips, fishing trips, drug use.” He described the inspections process as nothing more than a formality — “a checklist they would run through quickly, check things off, say things like ‘Hi, Joe. Hi, John. See you at this weekend’s fishing tournament.’ ” Maxwell told CNN’s Abbie Boudreau that no one is asking the hard but appropriate questions about MMS’s inspections process on BP’s failed oil rig:

“What types of inspections? Who did them? Did they give them any waivers? Was the equipment adequate? Did they think they needed a second blowout preventer? Did they demand BP put it in? MMS is responsible for that, too,” said Maxwell. . . " Read More

Tonya Craft Trial: A Pediatric Child Sexual Abuse Physical Exam

   "Symptoms of sexual misuse may include physical and behavioral signs as well as indirect comments made by the child. There are several clues to look for when considering the possibility of child sexual abuse. One sign alone may not be a positive indication; if a number are present, it is wise to consider the possibility of abuse." ¹

    While the pediatric physical exam is important if child sexual abuse is suspected, it's not the only important aspect of an investigation. In fact, child sexual abuse cannot be determined based on a physical examination alone.

   A complete investigation must include a medical and psychological history, physical and behavioral indicators, if any, as well as interviews and statements from the child and any other witnesses.

   "Evaluating a patient for suspected child sexual abuse can be daunting for many pediatric primary care practitioners. The consequences of misdiagnosis can be devastating. Knowledge of common clinical presentations, both physical signs and symptoms and behavioral changes, is paramount. . . " ²

 During a pediatric exam, the Forensic Nurse Examiner may see either normal variations or nothing at all. She may also see physical signs which indicate the possibility of abuse.

   These signs are usually divided into "highly suspicious", "suspicious", and "normal", appearances. This is not a diagnosis. This is the nurse's impression, based on her specific training and experience.

   During the initial Pediatric Child Sexual Abuse training program, forensic nurses are trained with the use of numerous slides showing both normal variations and actual injuries in order to learn the differences.

   Even then, it's not absolute, since some children who have not been abused can show, what seems to be, signs of abuse. The hymenal membrane is elastic and variable and is often influenced by a variety of factors. There are often disagreements between experts as to whether the signs are positive of abuse in a particular case.

Normal Variations ³

1. Lichen Sclerosis - patches on the skin or female genitalia which can later become scarred and look like an old, healed injury

2. Poor hygiene and diaper rash

3. Mongolian spots - these are blue-black birthmarks which often look like bruising

4. Hematomas caused by blunt trauma

5. Hymenal Skin Tags - can appear abnormal

6. Meningococcemia - An acute infection in the blood stream (Septecemia) caused by a bacteria called Neisseria meningitidis

7. Biacin Deficiency

Estrogenized Hymen

   Immediately after birth, the female infant's hymen is highly estrogenized due to the maternal estrogen still circulating in the infant's body. During this period, the hymen is very thick and redundant. Once the maternal estrogen is gone, the hymen becomes very thin and translucent.

   At this time, the hymen becomes crescent shaped and reddish due to the many blood vessels in the area. It should remain this way until the beginning of puberty when, once again, the hymenal tissue will display an estrogen effect. ⁴

 Hymenal Injuries

  It is a myth that the prepubescent hymen is easily injured during activities such as bike riding, horseback riding, and skating. While, yes, genital injuries can occur during these activities, they usually don't cause injuries to the hymen itself.

   That's because the hymen actually sits in a position well protected by the outer folds of the Labia Major and Labia Minora. It's also a myth that prepubertal masturbation will cause injury to the hymen. Prepubertal masterbation is cliteral, not hymenal, so there would be no injury.  [Bays and Chadwick, 1993; Bays, 2001; Emans et al., 1994; Finkelstein et al., 1996].

   Straddle injuries can be quite severe, sometimes even requiring surgery. However, it's the upper, outer sides of the female genitalia that would be injured, not the hymen. Recent studies have shown that hymenal injuries, caused by childhood activities, is extremely rare.

 The Examination

   The role of the forensic nurse examiner, as part of a multidisciplinary team, whether adult or pediatric FNE, is to respond to complaints of sexual assault or abuse.

   FNE's do this by doing the physical exam, taking the child's medical history, collecting evidence, accurate documentation in the chart, maintaining the chain of custody, and by testifying in court if needed. 

   Pediatric FNE's are very aware of the importance of both physical and behavioral evidence of abuse, as well as the legal implications of the child's statements. Therefore, it's vitally important that:

1. Questions should be avoided which would include any suggestion of an answer.

2. Questions should be kept open- ended when possible

3. The child's statements to the nurse be properly documented.

   The Medical History

  What is "Hearsay"?

  Hearsay is when someone hears the child say something related to the case then that person repeats what the child has stated. Generally, hearsay is not accepted in court. There are exceptions though:

   What is The Medical Exception to Hearsay?

 "Any statements or gestures, made by the child, when describing medical history, present symptoms, pain, or other sensations, AND the child's description as to the cause of the illness or injury. Some caregiver's statements may be included under this exception as long as their motive is to obtain treatment for the child." ⁸

   What Are "Excited Utterances"?

This is a statement made when the child is under extreme emotional stress "caused by a startling event."

   When a child makes statements, during the exam, the forensic nurse examiner will document every statement in the chart with quotes. This is done so the child's own words are preserved, as well as providing a record that meets the hearsay exception requirements in court.

  Some examples of basic principles and factors documented in the chart would include ⁹ :

   Nature of the event

  Time Lapses

  Child's Demeanor

  Child's Speech Patterns & tone of voice

  Spontaneity & Consistency of Statements

  Body language & facial expressions

SANE nurse, Sharon Anderson testified, during the Tonya Craft trial, that she took the history after doing the physical exam. This is appropriate considering how frightened most children are when brought into the SAFE unit.

    One of the goals of the forensics nurse is to try to reduce their fear and try to establish some sense of trust. It's better to just get the examination over with, in order to reduce their extreme anxiety, before attempting to obtain any history.

     Doing it this way also reduces the chance that the child's oral history would subconsciously influence the nurse in any way before she does the exam.

 * Behavioral History for Pre-school children:

1. Sexualized behaviors

2. Bed-wetting/soiling, regressive behaviors

3. Unusual relationships with adults

4. Hyperactivity, biting, aggressive /bullying behaviors or being bullied

Emotional Reactions:

1. Reluctance to disclose

2. Embarrassment

3. Anger, anxiety, disgust

4. Depression, fear

5. Sexual Arousal

 The Physical Examination

     While performing the physical exam, the forensics nurse will be doing a head to toe assessment. During the assessment, the nurse will be noting if each area appears normal or abnormal. Any redness, bruising, cuts, scrapes, lacerations, tears, etc. will be measured, photographed, and documented on a body diagram. She'll also be noting things like pubic lice on the child's eyelashes.

   Documentation on the body diagram is imperative, if any injuries or abnormalities are present, since a judge may refuse to allow photographs in court. The diagram will note any injuries/abnormalities specific to each area. A Tanner classification will also be noted in order to document the child's physical level of sexual maturity.

    Injuries will be drawn, along with arrows leading to the measurement of each injury, and any additional notes. During the examination of the genital area, the forensics nurse will be looking for any signs of trauma and/ or STD's.

   She'll also collect evidence using swabs. The swabs will be dried in a dryer, then each one placed in a special evidence envelope, containing the name, date, case number, and site info.

     During the examination, the forensics nurse will take photographs of the child's face, body, and genitalia. Each photograph of an injury or abnormality should be taken in three's: from far away, then closer, then closest, along with a measuring tape, showing the measurement of each wound/abnormality.

   Each wound/abnormality is documented as to type, then length x width x depth, often written on both the diagram sheet and a separate H & P nurse's note. Each photograph is then documented and numbered on a photo log sheet as to both the specific area and the injury/abnormality.

   Once the examination is completed, all evidence is then placed in a large evidence kit, sealed with evidence tape, then signed over top of the tape with the date, time, and nurse's signature. This is done to prevent any tampering.

   Once all is completed, the evidence kit is signed into the evidence locker by both the nurse and security, then locked up until retrieved by the detective.

   Tonya Craft Trial & Documentation

     During the Tonya Craft Trial, while bloggers & media like were condemning Sharon Anderson's testimony, I wrote to my fellow blogger, asking about her documentation. Where was it? Why didn't the defense question her as to what was documented on the diagram sheet, instead of just concentrating on the photographs? I never got an answer.

     Considering that there were references to the defense trying to discredit Ms. Anderson about the documented old "suspicious" injuries, by the bloggers, forums, and news reporters, I'm pretty certain, Dr. Lorandos had that whole, well documented, chart in his hands. He would have been provided a copy during Discovery.

  The documentation and the diagram sheet is an essential part of every chart. Yet, when I searched throughout the blogs and the news reports, I found absolutely nothing referring to it. Experts often disagree when it comes to photographs. That's very common.

   But, it's rather difficult to argue with a well documented diagram sheet. In fact, I surmise that if Sharon Anderson's written documentation was in any way lacking, Dr. Lorandos would have been all over her about it in court. That would be expected.

  Yet, while the bloggers and news reporters were so busy shredding her professional reputation, for some reason, they didn't bother to mention the most important documentation in those records. I wonder why? Hmmm.

   Yet, it appears, Dr. Lorandos chose to focus on the photographs instead. Considering that Ms. Anderson had been admitted as an expert, without any objection by the defense, that should tell people something as to her proven credibility and competence.

 

    

Sources:

1. Steakin, Janet, RN; Lambertson, Mary, RN; Carroll County Pediatric F.N.E. Training Manual, 2005

2. McClain, Natalie, et al., Journal of  Pediatric Health Care, 2000. 14, 93–102.

3. NIH, Web: http://www.niams.nih.gov/Health_Info/Lichen_Sclerosus/default.asp

4. Web: http://www.health.am/gyneco/more/anogenital-findings/

5. Web: https://health.google.com/health/ref/Meningococcemia

6. Web: Journal of Pediatric Health Care, Evaluation of Sexual Abuse In The Pediatric patient, http://www.jpedhc.org/article/S0891-5245(00)70019-8/abstract

7. Web: Paula J Adams Hillard, MD, Imporforate Hymen, http://emedicine.medscape.com/article/269050-overview

8. Steakin, Janet, RN; Lambertson, Mary, RN; Carroll County Pediatric F.N.E. Training Manual, 2005

9. Steakin, Janet, RN; Lambertson, Mary, RN; Carroll County Pediatric F.N.E. Training Manual, 2005

Tonia Craft Trial: Pediatric Forensic Nurse Examiner Training Part II

 The initial Forensic Nurse Examiner training, averaging 32-54 classroom hours, whether for adult or child, is only the beginning. After that, comes the 40 hours of clinical observation and training, followed by observing, then doing a certain amount of exams, prior to being allowed to work independently.

  Those clinical rotation experiences, which must be signed off by each department representative, or individual, include, but are not limited to the following:

1. Police ride - along (s)
2. Clinical time with detectives
3. Courtroom Observation
4. Child Advocacy Center

• Meet with staff
• Spend time with therapist
• Watch an interview
• Observe or assist in case review

5. Forensic Interviewing of Children

6. Child Protective Services

7. Prosecutor's Office

8. Emergency Room Clinical Hours & exams

9. SAFE Unit clinical hours & exams - observation followed by practice

   All this must be done according to the state Board of Nursing requirements. All must be signed off by each dept, turned in to the unit coordinator, then presented to the state Board of Nursing for certification and licensure. Certifications must be renewed each year.

    In order for licenses to be renewed, each FNE/SANE must complete a specified number of on call hours, number of exams, and the required number of CEU's, which may include: on line or off line CEU's, job related classroom/college courses, published works, giving or attending conferences and seminars, etc.

    After that, each exam record is usually gone over by the unit coordinator, or ED supervisor, in which empty blanks on the form, or other problems are addressed and corrected, then signed off by a physician. If anything needs to be corrected, there is only one correct, legal way to do that:

   The current date/time must be noted, along with the word Addendum; followed by a note addressing the correction, or the empty blank is corrected, either or both then followed with that nurse's initials.

 FNE/SANE Certifications

  Based on what my fellow blogger, and others, wrote, there seems to be some confusion as to the FNE/SANE certifications.

 First, there is the state certification which has to be renewed each year.

   Then, there is the IAFN SANE -A or SANE P certification. The IAFN, or International Association of Forensic Examiners, administers an exam for these certifications. Those who pass receive the appropriate international certification. It's desirable but not mandatory.

It may help in court but doesn't determine whether someone is to be qualified as an expert. That's up to the prosecutor to submit the witness as an expert, and for the judge to decide if that witness will be admitted as an expert.

   Most FNE's I know have not sat for the exam, myself included, for various reasons. The expense of taking it and renewing each year is a hindrance for many.

    * Forensic Training Class Schedule Overview

This is an example of the type of initial forensic nursing examiner training Sharon Anderson would have received:

Standards of Clinical Nursing Practice

 Standards of Care

Standards of professional Performance

ANA Approved Forensic Nursing as a Specialty

Scope & Standards of Practice

ANA Standards of Care:

   Standard I: Assessment

   Standard II Diagnosis

   Standard III Outcome Identification

  Standard IV: Planning

  Standard V Implementation

  Standard VI Evaluation

Sexual Violence/Assault: Definitions

Overview of FNE

Overview of Child Sexual Assault

Physical Indicators of Concern

Behavioral Indicators of Concern

Stages of growth & Development

Obtaining The History

Child medical/Forensic Sexual Assault Exam

Head to Toe Assessment & Injury Documentation

Role of the Pediatric Nurse Examiner:

 Complete exam when requested by law enforcement

 Maintain privacy & identity

Medical Intervention

 Assessment

 Collection of Evidence, photography

 Documentation, Diagrams

Be an educator

Testify as an expert or fact witness

Day II

Head to Toe Assessment & Injury Documentation

Genital Examination and position Techniques

STD Identification & Interpretation in Children

Pre-pubescent Genital Interpretation

Hymen Variation

Profile of Child Sex Offenders

DAY III

Documentation/Maintain the Chart

How to Document the Physical Findings

How to Formulate the Impression

Identify the Necessity of protecting the Chart

Child Protective Services

The Child Abuse Center

Resumes & Credential Building

Anal/Penile Evaluation

DAY IV

Courtroom Testimony

Defining The Expertise of The FNE

Ten Rules of Testimony

   Fact Witness - "A witness who can testify only to what is seen, heard, smelled, tasted, felt."

   Expert Witness - " A witness who may give an opinion based upon knowledge, skill, training, experience outside the realm of the normal person that will assist the trier of fact"

   " Expertise does not equate with payment!"

   Be able to testify about the basis of your experience:

   Education

Employment

Board Certifications/Licenses - what is involved, who needs it?

Specialized training conferences

Presentations taught

Continuing Education

Awards

Publications

Prior Court testimony as an expert

Meet With Prosecutor

Be a Prepared Professional Keep it Simple

Use Visual Aides as needed

Don't Argue With the Defense

Listen Carefully & answer only what is asked. Be accurate & concise

Don't be a Puppet

Don't Become a Target

Debrief With Prosecutor

The Judicial System and Laws

Mock Courtroom Testimony

Clinical Requirements

Sample Questions In Court

Name & business

Occupation

Employment? Position held? How long? Special Certifications?

Licensing procedures for state?

What licenses have you obtained?

Education? Degrees?

Special training?

Seminars, conferences attended?

How many days/hours were the trainings?

Special training regarding pediatrics?

What is your work experience in this area?

How many SAFE exams?

Have you been published?

Have you taught others?

What organizations do you belong to?

What publications do you subscribe to?

Have you been qualified as an expert before?

Explain how to do a SAFE exam

Anything used to assist the exam or collect evidence?

What is the difference between an adult and child exam?

Do you find physical trauma in every exam? Why or why not?

Would you expect to find sperm in every case of assault or abuse?

What is a hymen

What do you look for when examining the hymen?

How is he hymen of the adolescent different from that of a child?

For what purpose was this exam done?

Was anyone else present?

Dis anyone assist you?

Did you obtain a history from the child?

For what purpose did you obtain a history?

Was the history critical to the diagnosis/treatment in this case?

What was he general appearance of the child before the exam?

Did you conduct a physical exam? Were there any findings?

Any other tests or procedures?

Does you hospital have a standard procedure for the evaluation of victims of sexual assault?

Were those standards followed here?

Did you prepare a report?

Photographs? diagrams?

Are your findings consistent with the history given by the child? Why or why not?

Would you always expect to find injuries if a child was sexually assaulted or abused?

  Let's Examine The Background Questions Asked of Sharon Anderson (as reported):

1."During cross examination Craft's defense attorney, Dr. Demosthenes Lorandos, questioned Anderson's credentials and ability to make judgments about what is "normal," physically, for a young girl.

   Lorandos asked Anderson if she knew what the U.S. statistics were for young girls with genitals that are considered "normal" or "abnormal," and Anderson answered she did not know.

   Lorandos repeatedly asked Anderson to define "normal" and "suspicious," and Anderson replied she knew what a young girl should look like in the genital area based on years of examinations."

   Answer: Defense attorney questioned Ms. Anderson regarding her credentials:

 1. As you read above, we expect to be questioned about our background training, education, and experience. No problem there. That's standard procedure.

   However, the way some of the news media & bloggers wrote of it, you'd have thought there was some big, ugly secret they had on Ms. Anderson.

  2. And, of course, Let's not forget, all that media, blogger, and forum member rage over the fact that Ms. Anderson had only a two year degree. If you missed my discussion and clarification of state requirements, well in her favor, please see the previous post.

3.  Hmmm. Let me see, since Dr. Lorandos is obviously an excellent attorney, I would expect that he did indeed question Ms. Anderson further. Especially, since I know that, during Discovery, he was entitled to receive a copy of her Curriculum Vitae.

    So, he would have known her whole educational, training, and work background, before he even came into that courtroom. If not, I would have to ask, why not?

   And if he did, then I have to question: Why didn't the bloggers and news media publish that information too?

    As I stated above, in order to re-certify each year, Ms. Anderson would have had to meet certain continued education/training, etc.. Otherwise, she couldn't have renewed her license.

4. "During cross examination, Dr. Lorandos waved copies of books in the air written by people he considers to be "experts" in the field of child sex abuse, and asked if Anderson was familiar with them.

    Anderson said she was familiar with one of the books, which she said she kept in her practice as a reference and guide."

   In the last section in my own CV, I list my organization membership. That's pretty standard. I would expect that Ms. Anderson did the same. It's a pretty good clue what periodicals we subscribe to just by what organization we're a member of.

   Like most other FNE's, my own list is very short, and sometimes changes. Membership dues & subscriptions are very expensive.

    Since I could access certain periodicals at work, I preferred to subscribe to other forensic periodicals which I knew wouldn't be at work.

    For example, I'm a member of the Association of Certified Fraud Examiners and subscribe to their own magazine on fraud.

   I also subscribe to an archeology magazine due to my interest in forensic anthropology. And, like many others, I also buy books off of Amazon for my private library. But, of course, those wouldn't show up in court.

  Many do not subscribe on their own. Rather, they utilize the periodicals which are located in the office at work. And, like me, many have their own personal library of books.

    That's why Ms. Anderson was familiar with them, although she didn't personally subscribe. That's perfectly acceptable. It's what most of us do.

    I'm surprised (or maybe not) that the defense attorney, having many years of experience, and, presumably, a copy of her CV, didn't ask Ms. Anderson that question.

     Instead, choosing to ask Ms.Anderson about membership in an organization he had to have known was for physicians only.

   And another question regarding a position in which you have to have been nominated by the Governor.

 3. The next question had to do with the defense attorney asking Ms. Anderson about statistics.

  Answer: I doubt too many FNE's could have answered that off the top of their heads. However, it's a good idea to look up that fact before going into court. It wouldn't have changed anything but it's good to know.

 4.  Does Ms. Anderson research?

   Answer: She answered "No". That would be typical of many, if not most, forensic nurses, unless they are working on a special research project at work, or are planning to get published. I know many nurse managers who don't research either.

    I'm one who is different, as I live to research. I've been researching a variety of different aspects of forensics for years now.

  5. "defense atrorney [sic] asks so if there's no sign, does that mean there is sexual abuse."

 Answer: Perfectly acceptable question. We expect to be asked this. And, Ms. Anderson answered it appropriately. Whether it's an adult exam or a pediatric exam, the answer is the same: Just because there are no injuries, doesn't mean that no assault or abuse has occurred.

In fact, when it comes to pediatric exams, there usually are no injuries found. That's because examinations are rarely performed immediately after abuse. Most children are too afraid to report sexual abuse and, even as adults, later carry that awful secret to their graves.

Years ago, our paralegal instructor taught us what every attorney knows when it comes to asking the witness questions: Never ask a question for which you don't already know the answer.

  She was admitted as an expert witness without objection by defense counsel. That should have said something to the bloggers & news media. However, apparently they missed that part.

The Pediatric Child Sexual Abuse Exam To be continued in Part III

* From the Carroll County Hospital Pediatric FNE Training Manual, 2005, for educational purposes only.

Tonya Craft Trial: Pediatric Forensic Nurse Examiner Training

* Since it has become very apparent, during the Tonya Craft trial, that many people were under considerable misconceptions, as far as the role of the pediatric forensic nurse examiner role in suspected child sexual abuse cases, I am currently writing posts on that topic. I hope they'll be educational and informative.

Sharon Anderson, the pediatric SANE nurse who testified as a state witness in the craft trial, has been vilified and ridiculed by on line bloggers, forum members, and the media.

   She's been accused of being both incompetent and in cahoots with the prosecution and accusers.

   I read through every article I could find regarding her testimony, did a considerable amount of research for three weeks, and saw no evidence of any misconduct or incompetence.

    In fact, what I did see, was extreme emotional overload, prejudice and, what appears to be, very selective writing of her testimony, by the bloggers and media alike.

Pediatric Forensic Nurse Examiner Training

D-Lo "What did Sharon Anderson say, she's a nice woman, had a week long training back in 1999"

   Whether it's Forensic Nurse Examiner (FNE) or SANE, they are the essentially the same thing, except for a slight difference. The SANE initials stand for Sexual Assault Nurse Examiner and the FNE initials stand for Forensic Nurse Examiner.

    As FNE's we do not do only sexual assault exams but domestic violence as well. Each state decides on their own programs and initials.

 In order to obtain a forensic nurse training and position, he/she must be an experienced RN first. In my state, at the time I got mine, it was required that the RN have experience either in Critical Care or Maternal Child health.

There's a reason for this. In order to go on to advanced programs, such as for the forensics nurse examiner, each RN must have a good working knowledge of the body's systems, disease processes, mechanism of injury, and patterns of injuries, etc.

    Hmmm . . .  Let me see ... did I happen to read any mention of that by the bloggers or news media? Ugh ... Nope.

Sharon Anderson was an experienced RN before taking the SANE course in her state. She may not have had 20 years experience but she was experienced enough to take the SANE training course.

    Then, she worked as a SANE nurse for 10 years afterwords. Considering the typically high turnover of SANE nurses, that's a long time. Most I've known stayed a year or two at best.

Degree VS Non Degree

    Much has been made about the fact that Sharon Anderson had only a two year degree. Well, to those people, and others who may think that really counts, I have to ask:

When was the last time, as you lay in a hospital bed, or in the ICU, that you bothered to ask your nurse if she had a 4 year degree?

    Never? I didn't think so. That's because sick patients could care less what type of degree their nurse has. All they care about is that they receive good, compassionate, competent care and understanding from their nurse.

   That's the way it should be. Since when does a nurse have to have a certain piece of paper in order to provide good care? Well, I guess, since the Tonya Craft trial, now.

The fact of the matter is, a four year degree is not required to work as a forensics nurse, anymore than it's required for a nurse to work in any area of a hospital, including the ED, ICU, or CCU. 

I have worked with many fine nurses, in critical care units, who had a two year degree.

   I've worked with nurse managers who had a two year degree. A friend of mine worked in the Shock Trauma Unit and she had a two year degree. 

    Most of our training comes after nursing school, not during. It's on the job training and experience that really counts.

 Nor is a four year degree required to testify as an expert. We are experts because of our unique training, skills, and experience.

  At the advanced age of 55, I went back to school for my degree, part time, and am near finished, but I had decades of experience, including adult & pediatric ICU, CCU, Neonatal ICU, open heart recovery room, and the burn unit - all without that four year degree. I have been subpoenaed numerous times and have testified as well.

   So, to all those who were loudly condemning Sharon Anderson for working or testifying, without a four year degree, I say they were singing a false tune there.

    My fellow blogger, who was shouting the loudest, should have heeded my advice when I communicated, privately, that whomever he was getting his "SANE" information from was incorrect and needed to brush up.

   My fellow bloggers, the news media, and those in the forums, all should have bothered to take a look at the requirements before shredding her professional reputation in public.

 * This post has been altered slightly from the original to improve content and clarity.

  I have divided this post to shorten and make for easier reading. Forensic Nurse Training is now in part II

  

Tonya Craft Trial: The Unconscionable Shredding Of a Professional Reputation

First, I'd like to say how happy I am that Tonya Craft was acquitted.

However dismayed I was at the vicious smearing of certain professionals, by on line bloggers, I am very glad that the justice system worked. I went in not knowing anything about Tonya Craft, had no opinion, whatsoever, as to any guilt or innocence on her part. Of course, that's as it should be, I think. In my field, it's what is referred to as being "objective."

And that's how I wrote - objectively. Apparently, that wasn't good enough for the Tonya supporters, in certain groups on line, for I immediately received scornful email and comments from the blogger who first told me about the case, as well as some of his followers.

With my first post, he angrily accused me of essentially convicting Tonya Craft. They accused me of not being objective, and being sympathetic to the prosecution, because I work in this field. Funny, I didn't hear anything like that being thrown at me a fews years back when the Duke case was all over the news.

   I was one of the very first bloggers, and the only forensics nurse, as far as I'm aware, to come right out, from the beginning, with my beliefs that it was a hoax. I realized immediately that there were serious problems with that case. I also realized that no medical professional was standing up and saying that to the public.

My goal then, as now, was to present the facts, based upon my own training and experience, and further research. In that case, it was to educate the public and show them what was wrong in that case.

I then permitted KC Johnson to copy my posts to his blog site, in a effort to get the word out, before some innocent young men went to jail for many years. He later credited me as a resource in his book, Until Proven Innocent . During that time, I was called by someone for the Duke defense, asking me if I would consider testifying for the defense.

Unfortunately, I had to decline. Due to the fact that I was publicly blogging about the case, I had serious doubts that anyone on that jury would believe me to be impartial. I also knew that they would need a nurse with very strong testifying experience.

It was right about that time that MSNBC called me and asked if I would come on and speak about the Duke Lacrosse case. Again, I declined. Thanks, but no thanks, I said. I'm one of those who prefer to work behind the scenes. I have no need to be in front of TV cameras. Instead, I answered some questions, then referred the guy to my supervisor.

    Professor Anderson was incorrect when he said I referred Ms. Burgess. I did not refer her. I referred someone else. Although the person I referred wasn't involved in the Duke case, she later did do some work for them. And I actually feel Ms. Burgess was the best choice afterall.

In this instance, my goal was to present the facts, educate the public, and see whether the facts would lead to any particular conclusion. And they did, as anyone who read through my long posts should have seen. Privately, I communicated to my fellow blogger and others, that, while I do suspect that at least one of those children had been abused, I saw nothing which indicated it was by Tonya. As I asked them, "The question is by whom?  In fact, I posed that questions several times, privately, and never received a response back.

    I was working in the same field then as now. I'm the same person now as then. I haven't changed one iota. Yet, I received no criticism back then.  Now, however, I've been jumped on and criticized up one side and down the other, some even making remarks as to my professional credibility. Well to those who have done that, I will say that my professional reputation and credibility remain intact and are doing just fine, thank you very much.

    See, it's all about being objective and sticking to the facts, rather than letting our emotions rule our heads. It's all about behaving in a professional manner, and doing what's right, no matter what our personal opinions may be. That doesn't mean we are "working" for one side or another. It means we do the job we're required to do in a professional and objective manner.

    Last month, when I was contacted by my fellow blogger, telling me about the Tonya Craft case, he opined that he believed it was a cross between "the child molestation witch hunts (McMartin, Amiraults, etc.) and the Duke Lacrosse case." Well, that was fine. We're all entitled to our opinions.

    However, when he said he also had doubts as to whether the SANE nurse was "PEDS"certified, a little red flag popped up. Hmmm. Of course, as a forensics nurse, trained in both adult and pediatric exams, the very first thing that hit my mind, was the fact that if this nurse wasn't " PEDS" certified," she wouldn't have been allowed, by law, to work PEDS cases.

Since I had never heard of the Tonya Craft trial, I decided to check it out. What was going to be just some short reading, turned into three weeks of intensive research. I did not just research the "facts" I wanted to see. I researched everything I could find first, then went and dug out my old PEDS training manuals, from when I took the course.

    Not only did Tonya's innocence become very clear to me, based on the facts alone- which is what others should have done - but it's clear to me that many in the public have some misconceptions regarding exactly how SANE's are trained, what the certifications mean, what's expected of them, and how they testify. I hope to correct those misconceptions in Part II.

   Sharon Anderson has been publicly accused, not only of being incompetent, but of being in cahoots with the prosecution and the accusers' families. We shall see later in Part II of this post next.

Female Child Sexual Offenders: Does Tonya Craft Fit The Profile?

    

  Does Tonya Craft Fit The Profile?

   Except for the very beginning, when I was asked to take a look at this case, I have deliberately not read the various news reports and blogs in an effort to remain completely objective. I've written my posts in an effort to dispel myths & put out accurate info, based on considerable studies & stats. After doing my research, and knowing what I knew from my own training, etc. I then compared it to Tonya Craft.

    The thing about child sexual abuse is that one can never really be sure. That's just the way it is. However, I go by facts & research and those are pretty consistent. Although we do see an upswing on the number of female chiild sex offenders, the patterns still remain pretty much the same.

 IMO, except for her divorces, Tonya doesn't appear to fit any kind of known pattern. Nothing, nada, zip. The person I immediately focused on was the one child who was accused of coercing the other children into inappropriate, age-related, sex play. Usually, if a child is coercing, or pressuring, other children, that child has usually been sexually abused. If that's the case, then you look to who might have abused him/her.

     It's almost always one of the parents first, and of those two, it's usually the father, stepfather, Mom's boyfriend, or a brother. Those are the primary abusers. The other suspects, such a G-fathers, etc. are secondary, to a much lesser degree. The female offenders come after that.

    Studies have consistently shown that really only about 5% of all child sexual abuse is committed by a female offender. Out of that 5%, most abuse is either directed at a son, by the mother, which is extremely rare; or both parents, or a parent along with a step-parent together, are abusing both children. However, we do have to consider how underreported female sexual abuse is. Even so, it's still considered to be very rare.

As far as extrafamilial abuse, it's even more rare than female offenders committing intrafamilial abuse. And out of that, adolescent babysitters top the list. The next are teachers abusing young adolescent males. The descriptions & characteristics of abuse, supposedly perpetrated by Tonya, as described by the children, is basically unheard of - at least as far as I could find in my research, which was extensive. And believe me, I looked high & low. I couldn't find anything anywhere close to what she's been accused of.

    The children saying she threatened to kill their parent was a huge red flag to me immediately. Male offenders are usually the ones who will threatened to kill, not females. Even then, most male child sexual offenders do not commit physical violence. Not out of any sense of a conscience, but, rather, to ensure that the abuse continues.

   The step-mother taking showers with children is another huge red flag. Actually, an adult who exposes themselves to children, and takes baths or showers with them, when they're old enough to do it themselves, especially for months on end, is considered to be child sexual abuse, according to experts. That situation bothers me a great deal.

  The whole kitchen thing is very bizarre. Abuse is not usually carried out that way. The goal of abusers is secrecy, in order to control the children & continue the abuse. They usually won't risk being discovered. Was her husband there at the time? 

      If it happened during sleepovers, I would have to assume he was there, at least some of the time, as well as the other kids. Occuring during parties?  Maybe a male offender, but highly doubtful, unless he could get the child alone somewhere, but usually not a female offender.

   And if that child was molested once in the kitchen, do we honestly think she's going to keep going back there, without someone else being with her? No, most children would avoid it. Most children will avoid going into any place at all where they've been abused (extrafamilial). And six times???? That just doesn't make any sense.

It's very important to look at the usual behavioral patterns of offenders. Offenders don't want to risk being caught. So, the story, as written, isn't logical. Neither is the bath scene "abuse", as described. While female offenders will typically abuse during bath times, it's usually to their own child.  Lone female sex offenders, who are the moms, will usually target their sons. Not always, but usually. Yet, apparently there was no abuse of her son?

Anyway, why would she take it upon herself to give someone else's kids baths? If I were the parent of one of those children, I would have been immediately demanding an explanation. Again, it doesn't make any sense. The thing about accusations, even about criminal behavior, is that they're usually logical.

   So, are the children lying then? I seriously doubt it. False accusations of child sexual abuse is pretty much a myth. Children rarely ever lie about this type of abuse. They do, however, feel a great deal of pain, which may cause them to block out parts, or become confused.

   Most of the time, though, they will deny any abuse. The famous Sweden study has shown that, even with the abuse proven, children will still deny it happened, due to extreme fear and shame. They usually won't falsely accuse a person of sexual abuse unless, at times, they're terrified of the real abuser. It's been known that they will in that type of situation.

   In my opinion, Tonya's behavior in contacting DSS implies innocence. If she were the abuser, why would she risk the kids telling on her? From all that's been accused of her, she might as well have taken an ad out in the paper, announcing what she supposedly was doing! It doesn't make sense.

  

Readers, so sorry, but due to a technical glitch, causing some partial deletions, some of the posts on Child Sexual Abuse will be temporarily unavailable for viewing, until I can correct it, hopefully sometime this week end. Thanks for your understanding.

   Meanwhile, I'm currently working on a post regarding the completely unacceptable character assassination of SANE nurse Sharon Anderson, who testified the in Tonya Craft trial, by the media and on line bloggers alike. 

    I will be discussing her testimony and comparing it to the Pediatric SANE manuals and IAFN guidelines, with regards to experience, qualifications, and testifying, some of which I am uploading for your viewing.

Readers, this is just a quick note to thank you for your comments. I'd like to address a couple if I may. First, about the SANE nurse's qualifications, since so many seem to be upset about that.

   A BS degree is not required to be a forensics nurse. And I can assure you, it is not a measure of competence. What is a measure, is training & experience. I've worked with many excellent fellow ICU, Burn Unit, and Forensic Nurse Examiners, who had a two year degree. Requirements for certification as an FNE, and re-certifying each year are considerable. First, there is the initial training for both adult & Peds FNE. Mine was five days long for each. But that was just the beginning.

After training, there's ride alongs with the police, learning from the detectives, spending time with the counselors & interviewers, as well as time watching in court, then exams, and so forth. It can takes months to get through it all and get certified. Then there is continual training, observing, then doing, exams, plus continual CEU's, which include seminars, training sessions, and courses, each year in order to re-certify. It's not a walk in the park.

Each case is usually done by the FNE but gone over afterwards by the unit manager. Who was the unit manager in the Craft case? Was it Sharon Anderson? You usually have the staff, a manager, then the Medical Director, a physician, overseeing it all. It's very unfair to discount a nurse because she doesn't have a BS degree. It's training, experience, and how good you are that counts. The coordinator of our city hospital's SAFE unit has a two year degree, is trained in both adults & PEDS, has testified in numerous trials as an expert, instructs, and lectures all over the country.

2) Tonya took her daughter to the doctor & he found nothing? That's not unusual. In fact, most of the time, no sign of abuse if found. I'll be going into that further in my next post.

3) Children lying. I'm not talking about the typical, age appropriate child sex play here. Of course children will lie about that. I'm talking about when real abuse occurs. When kids "lie" about that, it's usually to deny it. They're terrified for anyone to find out. They're terrified of what will happen to them and their family. When they "lie", they'll usually lie to protect someone or something - not to harm the very people they love.

    Or, it's been known they'll make false allegations against someone because they're too afraid of the true abuser. But kids that young don't set out to destroy their loved ones. And, of course, leading questions, etc. is not good either, but protocols are supposed to be in place against that. Were the protocols for interviewing brought out in court by any chance?

4) Objectivity: That is the essence of our training as Forensic Nurse Examiners. All FNE's know this - or at least should. I decided to stop reading all news, blogs, and emails while I was researching & writing about this case. If I were to allow myself to be swayed in any direction, then I could not be objective.

That would not only be unfair to my readers but anything I write on here could potentially be brought out in court during my own testimony as an expert. I write under my own name. If I don't research the facts thoroughly and I'm not objective then my credibility could suffer and I'm not about to allow that to happen.

Have a good evening all & Happy Mother's Day for all the Moms out there !

Child Sexual Abuse (Continued)

   

Readers, Just a quick note to thank you for your comments. I haven't responded yet because our family was out of state, taking our son to visit the last college on his list, before making his choice by today's deadline. And I found that trying to work on a laptop and riding in a car just wasn't working too well. I'm back home now & will be writing up Part II. Hopefully, I'll have it posted at some point today.

I would like to make a couple things clear though. It appears, from reading your comments, as well as the emails sent to me, that some readers feel I think that Tonya Craft is guilty. I will state what I've communicated to others in private: I haven't read anything yet which convinces me of either the guilt or innocence of Tonya Craft.

The major points of my post had nothing to do with the question of guilt or innocence. If people disagree with how the prosecution, or the defense, is handling things, and want to express their viewpoint, I think that's great. That's what this country is all about.

What I do strongly object to, however, is how it's being done. Smearing and character assassination is wrong, whether it's being done to the innocently accused, like the Lacrosse players, or to professionals on the stand, just doing their job. Wrong is wrong, no matter how you look at it.

My second point was to give the general public a little view of what actually goes on behind the scenes, in preparing professionals, who are required to testify. We never, or shouldn't, at least, walk into a courtroon unprepared for questions from the defense. Our job, as forensic nurses, is to provide compassionate care for our patients and to collect evidence. Yet, that in no way, means that we are "Victims Advocates." We are professionals who are required to maintain our objectivity and we take our jobs seriously. I plan to show more of that in later postings under "Preparing For Trial."

The purpose of my next several posts is to educate the general public and provide accurate information for on child sexual abuse and investigation. I don't intend to get involved in any questions of prosecutorial abuse, as I'm a forensics nurse and prefer to stick to my area of expertise, and the general purpose of this blog: Give the public unbiased, accurate information and they can draw their own conclusions.

Child Care Worker Accused of Abuse. Forensic Nurse Determines Injuries

News Advance.com

By Chris Dumond
Published: August 4, 2008
Updated: August 5, 2008   

Latanya Murphey

 

" Two weeks after placing her baby in home-based child care, Lakisha Dickerson got a worrisome phone call. Something didn’t seem right, the child care provider, Latanya Murphy, told Dickerson, who immediately left work and came to check on her child.

“She was lying there not moving, not crying,” Dickerson recalled in a court hearing Monday.

Murphy, 43, is charged with two counts of child abuse, felonies that carry as much as 10 years in prison.

Lynchburg Juvenile and Domestic Relations Judge William Light on Monday heard testimony from Dickerson and another mother who testified their children came home injured after being in Murphy’s care.

After hearing their testimony and that of the Lynchburg General Hospital forensic nurses who examined the babies, Light ruled there was enough evidence against Murphy to send her case to the September meeting of the city’s grand jury.

Dickerson said Murphy had been providing child care to her baby for about two weeks when she got the call on April 14. After taking the baby to Lynchburg General Hospital, where a CT scan showed the child’s brain was bleeding, they were taken to the University of Virginia Medical Center in Charlottesville.

There, Dickerson testified, doctors found bleeding behind the baby’s eyes as well. Doctors told the mother her baby had either fallen or had been dropped on her head.

The same day Dickerson’s child was taken to the hospital, another mother with twins in Murphy’s care was getting ready to call about bruises all over her daughter’s body. . .' Read More 

 

"Sheriff: Family Was Afraid of Russian Boy" - A Point of View From Experience

CBS News.com    

SHELBYVILLE, Tenn., April 12, 2010

  Int'l Outrage Over 7-Year-Old's Return to Russia; Expert Says Many Adoptive Parents Sympathetic to Mother's Plight

(CBS)  "The president of Russia is calling it a "monstrous deed" - the decision by a Tennessee woman to send her adopted son back to his homeland, alone.

Now authorities in Shelbyville are investigating the actions of Torry and Nancy Hansen, the adoptive mother and grandmother of 7-year-old Artyom Savelyev.

On CBS' "The Early Show" this morning, Bedford County Sheriff Randall Boyce said his department is checking into what (if any) crime was committed.

"We'll have to go through this with kind of a fine tooth comb and see exactly what has been done here. Was this a poor judgment on her part, or has something illegal been done? ..."

"Boyce said what his investigators have been hearing so far indicates continued problems in the Hansen home: "What we're getting mostly is that he had violent issues and that they were more or less afraid of him, as far as trying to burn the house while they were asleep. I think he threatened some of these things. But it's still early. We're not exactly sure what the whole deal is..."  "It Got to Be Where You Feared for Your Safety'"... Read More

Point of View  

I feel for both the woman and the adoptive boy. I really do. My husband and I are both former foster parents and adoptive parents too. While I can't say I condone the adoptive mother's actions, in sending the child back on a plane alone, I can say, been there, done that. In a similar fashion, anyway.

Twenty years ago, when I was 36, we were hoping to adopt an older child, as a sibling to our natural born daughter, but were saddened to find out just how long it took to adopt a child in the U.S. We too thought about trying to adopt a child from another country but found it to be a very confusing and lengthy process.

In talking with our local social services department, we were told we could become foster parents, allowing us to adopt much quicker. We decided to go that route. After an almost two year training process, we were finally approved.

Our first foster child was a newly born infant, removed immediately from a drug abusing mother, who was supposedly involved in witchcraft. Although we were a bit unnerved that security guards escorted us to our car, we felt everything would be fine once we got the baby home. It wasn't.

Oh, we did fine. We managed the usual way that parents bringing a new baby home do. However, unlike most new parents, who are able to feed and cuddle their baby, we quickly found out there were problems with doing that. Unfortunately, this poor baby girl was going through drug withdrawal.

She ate poorly and over-reacted to the slightest stimulation, whether by lights, voice, or touch, with spastic, jerky arm and leg movements, and constant, shrill screaming. When she was laid back down, she stopped. After doing some research, I found that this was normal behavior for drug addicted babies.

Following suggestions, I tried to avoid stimulating her any more than was necessary. I kept her swaddled, tried to hold her lightly, while feeding, bathing, and changing, then quickly put her back in her crib, turning off the light. As soon as that happened, she calmed right down. When we turned the light back on, to check on her, she would start all over again.

Sadly, It was obvious that this baby was going to have life long developmental, and most probably, emotional, problems due to her mother's drug abuse. She stayed with us for one week before the court approved a relative to take her. Although we missed her, and felt so sad for her, I hate to admit, but, it was also a relief. I knew we could not go through that again.

   Still, the day after the little baby left our care, I was shedding tears for her, when I received a call from DSS again. The social worker asked me what was wrong. I told her that I missed the baby. And she said, " Well, don't cry too long. We have a new born little boy, going up for adoption. Are you interested?"

   Were we interested? Since our daughter was eleven, we hadn't even given thought about adopting a baby. My husband and I took all of about 30 seconds to ask each other if we were too old before giving the social worker a resounding, Yes! 

    That was 18 years ago. Today, our adopted son is getting ready to graduate from high school and will be going off to college in the Fall. Were there developmental issues? Yes, his mother was drug addicted too - just with a different kind of drug. We weren't told until after we brought him home and I immediately noticed that he was a very "floppy" baby, ate poorly, and slept too much.

    He was diagnosed with Fetal Alcohol Syndrome at birth, was withdrawing from valium, after birth, and he didn't talk until he was five. We enrolled him in Child Find at the age of two and started out using sign language to communicate. We fought the PS system, to hold him back in first grade, and continued with speech therapy through fifth grade.

  Our third experience as foster/adoptive parents involved two siblings, a four year old boy and his three year old sister. At the time of their placement, I was not told anything about them. I received a call from DSS and an hour later they arrived at our house.

   The same day they arrived, I realized that something was seriously wrong, when I walked into our living room, and saw the four year old sexually "self-stimulating", while his sister stood there, watching him and laughing. I called DSS and got a report of claims of sexual abuse, of both children, by the parents.

   I told the DSS worker what I had witnessed and requested an immediate evaluation by a child psychologist. As it turned out, this was one of the worst child sexual abuses cases in the county at the time. And for our family, it turned out to be nine months of excruciating emotional torture.

Both of these children had been horribly abused from the time they were born. Their older sister had already been removed from their home, two years prior to this, for the same complaint. After the initial Child Psych evaluation, the boy was immediately placed in a hospital specialized Child Psych unit. I received a report that, while he was there, he told, in horrifying, explicit detail, of his sexual abuse by both parents. He never came back.

    The three year old girl, I'll call Tabitha, a highly intelligent child, remained with us for nine months. Even though we worked closely with Child Psych, for the whole nine months, her behavior was very violent. She continuously hit, kicked, screamed, cussed, and bit, whenever she heard the word, "NO".

   Which, unfortunately, was often. Times like, when we were standing in a line at the bank one day, and she started to run around, and I told her to stop. She proceeded to cuss a blue streak, "F" bombs spewing out of her mouth that would make a sailer do much more than blush.

Everyone in the bank turned and stared - no - glared, at me so bad I just wanted to crawl away and hide in some hole. Of course, they all thought she was my kid. This happened everywhere we went. She may have been only three years old, but this was one tough cookie. I'd never seen anything like it in my life. Nor had my long time babysitter I used when I worked. After three weeks, she had to ask me to remove her.

I consider myself a very caring, loving mother. My husband is the same way. I followed all the child advice books back then, never, ever laid a hand on any child, and provided plenty of hugs and kisses for our own children as well as our foster children. I sought advice from Child psych every visit. I bought every book I could find. I often sat, while Tabitha, as she played with the our daughter's old Barbie dolls, and spoke of the same horror her brother had gone through.

   The only thing that worked at all, and that was very little, was trying behavior modification. But it wasn't enough. Nothing was going to work with this child. After nine months of pure, emotional anguish, for all of us; after nine months of constantly consulting with both DSS and Child Psych, trying to get sufficient help - DSS, being less than willing, I finally had to call DSS & request her immediate removal, after Tabitha, at the age of four, was caught trying to smother our infant son with a pillow.

    She was transferred the next day to FACETS, a group of specialy trained homes, for children like this. I met with the new foster mom, explained the last nine months, and sincerely wished her luck. About a year and a half later, I happened to run into her. The poor thing looked like she'd been through Hell and back.

     I asked about Tabitha and was told she was no longer with them. She told me everything they'd gone through, about how violent the child was towards their nieces and nephews, and about getting no help whatsoever from DSS, except that DSS demanded that their relatives' children were not allowed to visit their house, to prevent them from getting hurt. The foster mom told me she and her husband ended up being completely isolated from their own families.

   Even these specially trained foster parents couldn't handle her. In the end, Tabitha had to be institutionalized. That was the last I heard of her but I've never forgotten her, or forgotten how hard it is to get help from DSS, when dealing with severely disturbed children such as these.

    Our son's story, though, is an example of how a sad beginning can become a success story, depending on such factors as how old the child is when adopted, type and amount of drug use during pregnancy, any previous life experiences, the type of disability, and the type and amount of outside professional support provided for the child. 

 I believe prospective adoptive parents should ask questions regarding the child's history before adopting. It's also important that adoption agencies, whether foreign or domestic, be honest with the prospective adoptive parents. Some can handle all the negative emotional and behavioral issues, which may be exhibited very quickly, once the child is settled in their new home. Some can't. Then again, there are some extradinarily difficult cases, which most parents, might have difficulty handling.

In our case, our son has been an absolute blessing to our whole family and we're very thankful that he came to live with us. Both of our children are the light of our lives. But My heart goes out to both the Russian child and his former adoptive mom. I'm sorry it didn't work out for them. In my own humble opinion, having gone through it ourselves, I believe it's probably best for all sides, especially the media, just to leave things be, and let each get on with their own lives.

   

  

 

Fairfax day-care provider gets 10 years for shaking baby, causing brain damage

The Washington 

By Mary Pat Flaherty

Saturday, April 10, 2010

"A Fairfax County day-care provider who shook a 4-month-old boy, causing lasting brain damage, was sentenced to 10 years and six months in prison Friday, lawyers said.

The sentencing of Trudy E. Munoz Rueda, 45, for felony child abuse and child cruelty ended an emotionally charged hour-long hearing in which Judge Jan L. Brodie heard impassioned appeals from the parents of Noah Whitmer, Munoz's husband and parents who spoke of the patience Munoz showed their children while they were in her care, according to prosecutors.

"It was not an easy day for anyone in court," said prosecutor Gregory Holt. "It was emotional."

Brodie, who could have reduced the sentence, upheld the verdicts reached by jurors in January. Before imposing the prison term, the judge said she could see the toll the case had taken on both families but would nevertheless maintain the sentencing totals reached by jurors.

"It is a tragic case all around," said Guillermo Uriarte, Munoz's attorney. . . " Read More

Day Care Workers Charged With Drugging Tots

  MSNBC        

     Women charged with slipping dietary supplements into candy

updated 2:30 p.m. ET, Wed., March. 10, 2010

CINCINNATI - " Two former Ohio day care workers have been charged with a misdemeanor for slipping an over-the-counter dietary supplement into candy and giving it to their charges to help them sleep at nap time, a prosecutor said Wednesday.

Pamela Hartley, 56, of Cleves, and Donna Scott, 41, of Cincinnati, have been charged with three counts each of child endangering and three counts each of misrepresentation by childcare provider, said Hamilton County prosecutor Joseph Deters. The women could be sentenced as many as 18 months in jail if convicted.

Parents had told investigators their children often seemed groggy after leaving the day care. The charges are the most serious that can be applied, Deters said.

    Hartley was the director and Scott was the lead infant teacher at Covenant Apostolic Church Day Care in the Cincinnati suburb of Springfield Township, the prosecutor said. They were fired from the day care after the allegations surfaced in December.

It wasn't clear whether Hartley and Scott had attorneys. There were no phone listings for the women in Cincinnati or Cleves, and a message seeking comment was left at the church.

A co-worker notified police in December that Hartley and Scott gave the children melatonin in candy. . . " Read More

"The Rape of American Prisoners"

Crime & Federalism

February 16, 2010

  Claiming that the rape of children is wrong is low-hanging fruit.  And yet children are being raped every day.  Not just by other prisoners, but by the prison guards: 

   " Adults who want to have sex with children sometimes look for jobs that will make it easy. They want authority over kids, but no very onerous supervision; they also want positions that will make them seem more trustworthy than their potential accusers. Such considerations have infamously led quite a few pedophiles to sully the priesthood over the years, but the priesthood isn't for everyone. For some people, moral authority comes less naturally than blunter, more violent kinds.

Ray Brookins worked for the Texas Youth Commission (TYC), the state's juvenile detention agency. In October 2003, he was hired as head of security at the West Texas State School in Pyote. Like most TYC facilities, it's a remote place. The land is flat to the horizon, scattered with slowly bobbing oil derricks, and always windy. It's a long way from the families of most kids confined there, who tend to be urban and poor; a long way from any social services, or even the police. It must have seemed perfect to Brookins—and also to John Paul Hernandez, who was hired as the school's principal around the same time. Almost immediately, Brookins started pulling students out of their dorms at night, long after curfew, and bringing them to the administration building. When asked why, he said it was for cleaning.

In fact, according to official charges, for sixteen months Brookins and Hernandez molested the children in their care: in offices and conference rooms, in dorms and darkened broom closets and, at night, out in the desert. The boys tried to tell members of the staff they trusted; they also tried, both by letter and through the school's grievance system, to tell TYC officials in Austin. They did so knowing that they might be retaliated against physically, and worse, knowing that if Brookins caught them complaining he could and would extend their confinement, and keep on abusing them. They did so because they were desperate. But they were ignored by the authorities who should have intervened: both those running the school and those running the Texas Youth Commission. Nor did other officials of the TYC who were informed by school staff about molestation take action."

The rest of this important article is available here.

Youth Prison System Under Pressure

USA Today

 By Martha T. Moore, USA TODAY

NEW YORK — "Three years after a 15-year-old boy died in restraints, the youth prison where he was pinned to the floor is set to be closed.

The shuttering of Tryon Boys Residential Center is due to budget gaps that plague states across the USA — but also is a sign of the intense pressure on New York to improve its deeply troubled juvenile detention system.

In August, a U.S. Department of Justice investigation found that the state uses excessive force on youths in custody; the federal department says it will sue the state if changes are not made. In December, a state-appointed task force said use of force and lack of mental health care are acute problems for the 1,600 children held in New York's juvenile facilities each year. Two weeks later, the Legal Aid Society sued the state Office of Children and Family Services (OCFS) on behalf of youths in custody.

STUDY: Youths sexually abused in juvenile prisons

REPORT: Ohio guard dies after horseplay with teen

Federal investigators found youths in four facilities, including Tryon, were routinely pinned to the ground and handcuffed for infractions as minor as laughing loudly, sneaking a cookie or refusing to get out of bed. The restraints caused concussions, broken teeth and broken bones. . . "Read More