No Death Penalty In GA Fatal Child Abuse Case

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No Death Penalty in Child Abuse case

Lead Investigator in the case, former GBI Agent, facing Child Abuse charges

Monroe County, Georgia  –  Prosecutors are no longer seeking the death penalty in a deadly child abuse case because the lead investigator in the case is facing child molestation charges.

Amanda Hendrickson is the woman accused of killing her 5 year-old daughter Heaven Woods in May of 2014.  Lawyers argued more than 100 pre-trial motions this afternoon as Amanda Hendrickson sat quietly in court.

District Attorney Richard Milam says one reason they dropped the death penalty is because of the lead investigator in the case.  Milam says that’s former GBI agent Charles Woodall, is facing child molestation charges.  “(If we) call him in as a witness brings into the trial all of the things that he’s accused of doing.  So therefore, we’re going to try to avoid that as much as possible but when you’re asking a jury to make that consideration you really need to give them everything,” said Milam.

Milam says now they’re seeking life with or without parole in the case.

One of Hendrickson’s defense attorney’s Burt Baker says dropping the death penalty is appropriate in this case.  Baker says Hendrickson has an intellectual disability.  “Our client was given an IQ test, in the I believe it was the third grade, where she scored in the intellectually disabled or mentally retarded range,” said Baker.

Woods died in a Monroe County hospital with a broken arm and five broken ribs.  Hendrickson’s boyfriend, Roderick Buckner, pleaded guilty in June to first degree child cruelty in the case, he received a life sentence.  “Milam says Hendrickson’s trial is currently scheduled for September.

Child Abuse Growing Problem In NY

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Child Abuse growing in NY

Child Abuse growing problem in CNY, center saw over 700 cases this year

SYRACUSE, NY  –  Several recent high-profile cases have brought attention to the problem of child abuse in Central New York.

We’re learning more details about the abuse suffered by Eli MacDowell.  The 9-year-old was allegedly slammed to the ground by Corey Pilcher last month, causing him to suffer severe brain trauma that put him into a coma.

Pilcher is also accused of abusing Eli’s sister.  According to the Auburn Citizen, court documents show Pilcher poured hot sauce into the girl’s mouth and taped it shut after he says she was too loud while watching television.

Eli is now recovering after several surgeries, including one to remove a portion of his skull.

The boy’s tragedy is not the only case of child abuse to make the headlines this week.

On Thursday, Stephen Howells and Nicole Vaisey were sentenced in what the U.S. Attorney’s Office described as one of the most horrific cases of child abuse they have ever seen.

Howells and Vaisey received a total of 880 years in prison after admitting they sexually assaulted six children, including two Amish girls they kidnapped from a roadside farm stand in St. Lawrence County in 2014.

Before the sentencing, U.S. Attorney Lisa Fletcher said more cases are expected to come forward.  Adding Howells and Vaisey are not the first in the area to sexually exploit children and they would not be last.

Every year, more than 3 million reports of child abuse are made in the U.S., according to a non-profit group called ChildHelp.

In 2010, more than 79,000 children in New York were abused or neglected, according to the State’s Central register of Child Abuse and Maltreatment.

The McMahon Child Advocacy Center saw more than 700 kids this year in their center for child abuse and had 6,500 hotline calls.

At the McMahon Ryan Child Advocacy Center in Syracuse believe one child is too many when it comes to child abuse.

Jami Ryan, who represents the center, says it is shocking how many victims from Central New York walk through their door.

She said:  In the year 2014, the McMahon Ryan Child Advocacy Center saw over 700 kids. We had 6,500 hotline calls, so, absolutely the numbers are there.

Ryan explained that over 90 percent of the cases they see at the center involve a child who has been sexually abused by someone they know, love and trust.

She said:  A lot of times when we see these kids, it can kind of be a confusing situation.  Maybe they know what has happened is not right, it might have made them feel uncomfortable, but at the same time, it can be a little confusing because it is usually happening by someone who they know.

How can we combat this growing issues?

Ryan says it starts with awareness — Knowing the signs and symptoms of child abuse and reporting it is critical.

For example:  Maybe an adult that they used to pick them up from school that they were happy to see, they’re not really wanting to go home with anymore.

Being aware of any changes or behavior can really make all the difference.

The center has an outreach program where members from the center go out to schools across Onondaga County talking to children on how to be safe and how to alert someone they trust if something is not right.

Federal Judge Finds Texas Has Broken System

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CPS is a “broken” system.

Federal judge finds Texas has “broken” foster care system, says she’ll order changes

AUSTIN, TX  –  Long-term foster care in Texas is “broken” and routinely does grave harm to children already dealt a tough hand, a federal judge ruled Thursday.

U.S. District Judge Janis Graham Jack of Corpus Christi said the state violated the Constitution by keeping about 12,000 youngsters for years in an underfunded and poorly run system “where rape, abuse, psychotropic medication and instability are the norm.”

Defendants John Specia and his staff at the state Department of Family and Protective Services have “the best intentions, she wrote. ” But the system, despite 20 years of reports and attempted fixes, keeps harming the children it’s supposed to help”, the stinging opinion reads.

Jack, an appointee of former President Bill Clinton, ruled in favor of nine children who sued the state in 2011 on behalf of all Texas children in long-term foster care.

Their lawyers, who included members of the Dallas-based Haynes and Boone firm, said Texas’ foster care system forces thousands of youngsters to live in poorly supervised institutions.  The department frequently moves the children from one place to another and often splits up siblings, plaintiffs said.

Jack agreed, saying Texas routinely violates the children’s 14th Amendment rights to be free from harm while in state custody.

Julie Moody, a spokeswoman for the protective-services department, said it’s disappointed with Jack’s ruling.  The state has insisted that plaintiffs’ lawyers have ignored recent improvements that followed the Legislature’s sweeping changes to Child Protective Services in 2005, along with an overhaul of foster care two years later.  They also repeatedly boosted the agency’s budget — Texas current spends $1.4 billion a year on Child Protective Services.

“Texas performs comparably with other states in this area, and has steadily improved,” she said.

While Texas fiercely contested the suit, officials didn’t immediately say whether they would appeal Jack’s ruling.

The case centers on children removed from their birth homes by Child Protective Services who then linger for at least a year, sometimes 18 months, in foster care.  Because CPS and its contractors have been unable to reunite them with their birth families or find a lasting home with relatives or an adoptive parent, the youngsters are in limbo.

Even though judges work to try to avoid it, many children then enter CPS’ “permanent managing conservatorship.”  At that point, the state often drops the ball because the law does not require that the children have their own lawyer and another adult advocating for them, plaintiffs argued – and Jack agreed.

She found that CPS has too few conservatorship caseworkers, so their huge caseloads cause them to fail to pay enough attention to their charges.

“Texas’ foster care system is broken, and it has been that way for decades,” Jack wrote.  “It is broken for all stakeholders, including DFPS employees who are tasked with impossible workloads.  Most importantly, though, it is broken for Texas’ [permanent managing conservatorship] children, who almost uniformly leave state custody more damaged than when they entered.”

Jack said that within 30 days, she would appoint a special master to develop a sweeping plan for improvements.

The cost to the state is uncertain but likely to be in the millions.  CPS has authority to employ more than 9,200 people, though turnover is a chronic problem, as the judge noted.

Jack said she’ll ask the special master to recommend how many more CPS workers should be hired and how many more child-care licensing inspectors should be added.

She’s requiring each child in long-term care to have an attorney ad litem as well as a court-appointed special advocate.

The judge also said the special master will study “child-on-child abuse” at group homes and treatment centers.  The master will push for the state to move children who do not have severe physical or behavioral impairments into the least restrictive settings possible.

CPS also would have to improve case files it keeps on the children – including annual photos, to help in identifying runaways.  The state also will have to stop placing certain foster children in unsafe placements like “foster group homes that lack 24-hour awake-night supervision,” Jack said.

Marcia Robinson Lowry, the founder of New York-based Children’s Rights, which led the effort and has filed similar suits in more than a dozen states, called Jacks’ decision “stunning” and painstakingly researched.

“Texas certainly has one of the worse foster care systems in the country,” Lowry said.

Special Ed Teacher Charged With Child Abuse

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Ashley Frabizzio, 30

Elmwood Park Special Education teacher charged in alleged Child Abuse

Elmwood Park, NJ  –  A special education teacher at an Elmwood Park elementary school has been charged with child abuse and simple assault and released after posting bail, authorities said Monday.

Ashley Frabizzio, 30, of Butler, was arrested Saturday after an investigation that started last Thursday, Bergen County Prosecutor John L. Molinelli said in a statement.  Molinelli said the investigation began when detectives of the Elmwood Park Police Department were notified by an administrator of the Sixteenth Avenue Elementary School of allegations against Frabizzio.

No details were provided concerning where or when the abuse was alleged to have occurred, or the relationship between Frabizzio and the children allegedly affected.

Molinelli said the investigation was conducted jointly by his office’s Special Victims Unit and the Elmwood Park Police.

Frabizzio was charged with two counts of fourth-degree child abuse and two counts of simple assault, a disorderly persons offense.

Municipal Court Judge Anthony Gallina set bail at $2,500, and ordered Frabizzio released when she posted 10 percent of the bail.

He also ordered that she have no contact with the alleged victims, the school or school personnel.

AL DA Wants Longer Child Abuse Punishment

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DA Randall Houston

Wetumpka case prompts DA to seek stronger child-abuse punishment

WETUMPKA, AL  –  District Attorney Randall Houston wants to strengthen the penalty for aggravated child abuse, bringing the punishment up to par with murder and other violent crimes.

Houston’s move would change the punishment in aggravated Child Abuse cases where victims are under the age of 6.

“The aggravated Child Abuse statute covers children from infants to 18-year-olds,” Houston said.  “It’s obvious that a teenager is better able to seek protection from an abuser than a child under the age of 6.”

“These are our youngest, most helpless victims.  After a child is 6, they are usually in a school situation, where educators can recognize the signs of abuse.”

Houston represents the 19th Judicial Circuit, which includes Autauga, Chilton and Elmore counties.  Currently, aggravated child abuse is a Class B felony, with a punishment range of two to 20 years in prison.  Houston will be backing a bill in the 2016 legislative session that begins in February to stiffen the penalty to a Class A felony.  Murder, attempted murder and other violent crimes are Class A felonies, with a punishment range of 10 to 99 years to life in prison.

By law, aggravated child abuse results in “serious bodily injury” to the victim.

A current case being investigated by his office moved Houston to seek the punishment upgrade.

“I stood in court last week to oppose a bond request made by a mother who, along with her boyfriend, heinously abused her 4-year-old son to a point that he was near death,” Houston said.  “As I looked that defendant in the eye and thought of the ways she and her boyfriend had abused her own son, I realized that the current penalties for such monstrous acts are inadequate and must be toughened so those who commit them can stare at the four cold walls of a prison cell for the rest of their lives.”

Houston was referring to the case of Hallee Ann McLeod, 28, of Wetumpka, whose son was found unresponsive and injured in the back of a car in Panama City, Fla., in September.  She is facing aggravated child abuse and chemical endangerment of a child charges in Elmore County, courthouse records show.

Last week Elmore County District Judge Glenn Goggans refused to lower her bond, which had been set at $300,000.  She remained in the Elmore County Jail on Monday, jail records show.

Elmore County Sheriff Bill Franklin, who has been the county’s top cop for 24 years, calls the abuse “one of the worst cases I have seen.”

The child was discovered by Bay County, Fla., deputies as the car was parked in the courthouse parking lot.  Scott Hicks, McLeods’ boyfriend, had driven to Panama City, Fla., to pay fines on an unrelated case.  Local authorities were contacted by the Bay County Sheriff’s Office and an investigation began that showed the abuse of the boy occurred in Elmore County, Franklin said.

“Nothing can erase the trauma that this child suffered, but we can ensure that the severity of the penalty truly matches the severity of the crime,” Houston said.  “Then perhaps justice can be fully obtained.

“As a prosecutor I take my responsibility to ensure the protection of the most defenseless among us very seriously, and toughening our aggravated child abuse law will held accomplish this mission.”

Houston has been successful in efforts to toughen punishments. After a series of alcohol related fatal boating accidents in the circuit, he fought a three-year battle to get the Legislature to toughen the homicide by vessel law.

The law was an unclassified felony, meaning it had a maximum punishment of five years in prison.  The punishment for homicide by vessel law now allows prosecutors to seek the same punishment as cases of DUI related motor vehicle accidents.  That means defendants can be charged with manslaughter or murder in DUI related boating accidents that result in fatalities.

Houston hopes the strengthening of the aggravated child abuse law doesn’t take as much time.

“We are in it for the long haul,” he said.  “If it takes another long fight, we’re dedicated to doing whatever it takes to see this change implemented.”

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