Daily Archives: July 24th, 2009

Parents may lose custody of child who survived crash

Noblely Lawson

Noblely Lawson

http://www.wcnc.com/news/local/stories/wcnc-072309-mw-noblely_lawson.6cd9af78.html

06:13 PM EDT on Thursday, July 23, 2009

By ALEX REED / NewsChannel 36

E-mail Alex: AReed@WCNC.com

CHARLOTTE, N.C. — You may remember the horrifying crash where a car hopped the curb and struck a father and mother taking their child for a walk.

We’ve learned now that child could survive her injuries, but she may be taken away from her parents.

The family says they were just walking along Sharon Road West with their 1-year-old in a stroller, when a distracted driver hopped the curb and hit all three of them.

They feared they could lose their child due to medical reasons, but now they’re told financial reasons could tear their family apart.

The brutal accident left 1-year-old Noblely Lawson near death.

“Her face was really swollen bad and she was in a full body cast,” said her father, Shane Lawson.

He showed NewsChannel 36 home video, which shows all of the tubes, the body cast and the bruises on his child.

Finally, after weeks in intensive care, the family got a sign of hope.

“She starting to move her arms and open up her eye,” Lawson said.

Just as it seems the family will become whole again, he’s told, “If we didn’t find somewhere else (to live), that they would take her.”

Lawson says the child services worker explained it’s because the family has never been able to afford permanent housing. The Lawsons had been living at a week-to-week motel before the crash.

Now that the Department of Social Services is aware of their situation, they’re told if they don’t find a home of their own, child services would take their little girl.

Lawson remembers the social worker telling him, “When they release her they’re going to have so much equipment and stuff that the hotel wasn’t a sufficient place to stay for her.”

He just can’t understand. He says, “She’s always had a roof over her head. She’s always getting fed. I mean there’s no reason they should be here, but they are.”

Lawson plans to leave his daughter’s bedside for the first time on Monday so he can return to work in hopes of finding a place to live. It’s all he can do, but he’s not sure it will be enough.

“I don’t know yet,” he said.

Representatives from the Department of Social Services said privacy laws prevent them from saying anything about an active case.

 

DONATIONS NEEDED

 

Donations may be made to the “Noblely Yvonne Lawson Assistance Fund” at any branch of Wachovia bank or they can be mailed to:

Wachovia Bank, NA

Attn: Noblely Yvonne Lawson Assistance Fund

PO Box 26090

Richmond, VA 23260-6090

Please make checks payable to the Noblely Yvonne Lawson Assistance Fund c/o the fund’s administrator, David B. Pevney, Attorney at Law, PLLC.

Officer Recants Seeing Jacks Daughter Healthy

The four daughters of Banita Jacks: N'Kiah, left, Aja, Brittany and Tatianna. They had been dead for at least seven months when their bodies were found. (Wjla (Channel 7))

The four daughters of Banita Jacks: N'Kiah, left, Aja, Brittany and Tatianna. They had been dead for at least seven months when their bodies were found. (Wjla (Channel 7))

 

http://www.washingtonpost.com/wp-dyn/content/article/2009/07/22/AR2009072203315.html

By Keith L. Alexander

Washington Post Staff Writer

Thursday, July 23, 2009

A D.C. police sergeant who visited Banita Jacks’s Southeast Washington home to check on her children told a Superior Court judge Wednesday that he never saw the oldest daughter, Brittany, even though he wrote in a report and told a federal prosecutor that he had seen the teen and that she looked healthy.

The officer’s testimony revealed details about how the city’s police department, one of five District agencies that had contact with Jacks’s four daughters, failed to follow up and possibly save the girls’ lives.

During the sixth day of Jacks’s murder trial, Sgt. James Lafranchise testified that he visited her rowhouse April 30, 2007, after a social worker from Brittany’s high school repeatedly called police when the teen failed to show up at school for weeks.

Lafranchise did not file a report of that visit until Jan. 9, 2008, the day Jacks was arrested and the decomposing bodies of her four daughters, 5, 6, 11, and 16, were discovered. Prosecutors said the girls had been dead at least seven months. In that report, Lafranchise wrote that he did not see Brittany.

But in a follow-up report Jan. 13, Lafranchise wrote that he “thought” he had seen Brittany with her three younger sisters during the visit. At the time, Lafranchise said the sisters appeared “clean and well fed, healthy and playful.”

Within days of filing his report, Lafranchise was interviewed by Assistant U.S. Attorney Deborah Sines as she began gathering information on the case. He told her that he had seen Brittany and that she seemed well.

But during questioning from prosecutors and Jacks’s defense attorneys Wednesday, Lafranchise said he had never seen Brittany or asked about her during the visit.

Jacks’s attorney, Peter Krauthamer, asked him whether he lied in the report. Lafranchise said it was “inaccurate” and blamed the inconsistency on stress.

“I was messed up,” testified Lafranchise, who is assigned to the 7th District. He later said that writing in his report that he saw Brittany was “wishful thinking.”

Lafranchise never explained, nor was asked in court, why he waited seven months to file his report, which he said he wrote from “memory.”

After 21 years as a D.C. police officer and several years in homicide, Lafranchise testified, he got “burned out” with the gruesome scenes and requested to be transferred to regular street patrol, which is where he was working when he visited Jacks’s house.

During his April visit, Lafranchise said, he interviewed Jacks in her front yard. One of Jacks’s youngest daughters yelled out to the officer, “Please don’t take my mommy away.” He said Jacks told him that she was home-schooling the children and that she had pulled them out of District charter schools because they were being taught about sex and homosexuality.

Lafranchise said that when he arrived at the house, he didn’t know how many children lived there. He said he was never told to look for a teenager and did not ask about Brittany.

The officer visited Jacks’s house at the request of Brittany’s social worker, Kathy Lopes, who at the time worked at Booker T. Washington Public Charter School, which Brittany attended. Lafranchise said that he spoke with Lopes on his cellphone while he was at the house but that Lopes never mentioned Brittany or a teenager.

“My assumption was I was there to check on the children,” he said.

In her first public comments about the Jacks case, Lopes told D.C. Superior Court Judge Frederick H. Weisberg how she had repeatedly called District social service agencies and police and urged them to visit the Jacks house and check on the children.

Lopes, a police officer and another school official visited the Jacks house late in the morning April 27, 2007, to check on Brittany. When the three arrived, Jacks refused to allow them inside and would speak to them only through the slightly opened front door.

Lopes described her meeting with Jacks as “hostile.” Lopes said that she asked Jacks whether Brittany was home and that Jacks responded yes. But Lopes said that when she asked to see Brittany, Jacks said no.

From the witness stand, Lopes glanced several times at Jacks, who was sitting next to her attorneys. Jacks, 35, rolled her eyes away.

During the visit, which lasted about five minutes, Lopes said, she saw the two youngest girls playing in the living room. Lopes said she was “immediately concerned” when she saw the girls because their hair wasn’t combed and they looked unkempt. When Lopes asked why the younger girls weren’t in school, she said Jacks responded, “None of your business.”

When Lopes returned to her office that Friday afternoon, she called the District’s Child and Family Services Agency. She then made repeated calls to the agency’s hotline the following Monday to see whether the Jacks case had been assigned. Lopes asked to speak to a social worker and the worker’s supervisor. “I really wanted someone to go out to the home,” she said.

Recordings of Lopes’s repeated calls were made public weeks after Jacks’s arrest. D.C. Mayor Adrian M. Fenty (D) later fired six social workers for failing to follow up on the Jacks case.

Lopes also called the District’s non-emergency 311 number to get a police officer to visit the house. Lafranchise was dispatched.

On May 10, Lopes wrote to the youth social service division of D.C. Superior Court. In the letter, Lopes wrote that she feared Brittany was “being held hostage” at the house. After Jacks was arrested, court officials acknowledged receiving the letter and said social workers never followed up on Lopes’s concerns.

“I was extremely concerned. I just wanted a police officer to go out and check on the children,” said Lopes, now with the District’s Office of the Deputy Mayor for Education.

Prosecutors are expected to call their final witnesses Thursday before the defense begins calling its witnesses.

 

Sergeant Probed Over Incorrect Jacks Report Account of 2007 Home Visit Changed

 

http://www.washingtonpost.com/wp-dyn/content/story/2009/07/06/ST2009070603102.html?sid=ST2009070603102

 

By Paul Duggan

Washington Post Staff Writer

Friday, July 24, 2009

A D.C. police spokeswoman said Thursday that the department is conducting an internal investigation of a sergeant who acknowledged filing an inaccurate report about his 2007 visit to the home of Banita Jacks, the Southeast Washington woman on trial on murder charges in the deaths of her four daughters.

On April 30, 2007 — seven months before the girls’ decomposing bodies were found in Jacks’s home — Sgt. James Lafranchise visited the residence to check on the welfare of the oldest daughter, Brittany, after a social worker said she had missed weeks of school.

Lafranchise did not file reports about the visit until January 2008, after 16-year-old Brittany and her sisters, ages 5, 6 and 11, had been found dead. In a Jan. 9 report, the officer wrote that he had not seen Brittany during his visit. In a follow-up report filed Jan. 13, he amended his account, saying he “thought” he had seen Brittany and her sisters.

Department spokeswoman Traci Hughes said yesterday that Lafranchise did nothing improper by not filing the reports until long after the visit. At the time of the April 2007 visit, Hughes said in a statement, “there was no requirement to file an incident report when responding to a call to check on the welfare of a resident.”

After the bodies were found, Hughes said, the department issued a rule “directing members to file an incident report when checking on the welfare of a resident.” She said Lafranchise wrote the two reports after authorities asked him to provide a written recollection of the visit as part of the death investigation.

Interviewed by a prosecutor during the homicide investigation, Lafranchise said that he had seen Brittany that day in April 2007 and that she seemed well.

However, when he testified Wednesday in Jacks’s trial in D.C. Superior Court, Lafranchise acknowledged that he had not seen Brittany. He said his earlier accounts of having seen the girl were “inaccurate” and resulted from “wishful thinking.”

He said he was “burned out” after more than two decades of police work and blamed his inconsistent statements on stress.

“The department was made aware of the discrepancy in [Lafranchise's] accounts when he testified,” Hughes said. “Now that the discrepancies have come to light,” the department “is conducting an internal investigation,” she said.

 

Trumbull Children Services Grieve Death Of Child In Foster Care

Tiffany

http://www.wytv.com/content/news/local/story/Trumbull-Children-Services-Grieve-Death-Of-Child/WtjSA6Cnl0m6it7rrWTqLg.cspx

The news of 21-month-old Tiffany Sue Banks-Cross’s death spread quickly through the halls of Trumbull County Children Services. The agency took custody of the girl shortly after her birth in June of 2007 and had placed her in foster care.

“Tiffany was a little girl that would practice walking skills in our halls so we are grieving too,” said Marcia Tiger, director of Trumbull County Children Services.

On Thursday Champion Township police released a report saying the toddler was napping in this home on Center Street shortly before noon April 2nd when the foster mother checked on her and found she wasn’t breathing. Tiffany died shortly after.

The nurse and EMS coordinator at the hospital told police there were marks on Tiffany’s body. No charges have been filed and no arrests have been made.

Tiger says her agency puts potential foster parents through an extensive screening process, including a psychological evaluation and background check.

“We cannot predict human behavior,” Tiger said. (Yet they claim to predict human behavior all the time and use it as a basis for the decisions that they make when it comes to families!)

Meanwhile members of Tiffany’s biological family, who lost permanent custody of her in November, say they want the person responsible for her death to come forward.

“Somebody needs to be arrested, it is ridiculous,” said Herb Putnam, Tiffany’s biological uncle.

Family members also say they are considering taking legal action and are discussing their case with an attorney.

The agency is not able to talk specifically about her death, which was ruled a homicide Wednesday. The case is still under investigation.

Family wants custody of starved kids kept at hotel

 

http://www.google.com/hostednews/ap/article/ALeqM5hZr3HGoX7b4E2-ROf8WIgHxVWWRQD99KCV2G1

By JEFF CARLTON (AP)

DALLAS — The aunt of three emaciated children forced to spend day and night in a hotel bathroom in Texas for at least nine months said Thursday that she and their grandmother want custody of the youngsters, who were placed in foster care together.

Sonia Santiago, the sister-in-law of the children’s mother, said Abneris Santiago has been deceiving family members about her life in Texas since moving from Florida with her boyfriend in late 2006.

Abneris Santiago, 30, is charged with injury to a child, and her boyfriend, Alfred Santiago, 37, faces charges of aggravated sexual assault and continuous sexual abuse. Both were being held at the Dallas County Jail, unable to make bail. They have the same last name but are not married.

Their attorneys did not return calls Thursday. Initial court appearances are scheduled for Aug. 3.

The children — an 11-year-old girl, a 10-year-old boy and a 5-year-old boy — and their 1-year-old sister, who is healthy, were placed with a foster family in Texas, said Marissa Gonzales, a spokeswoman for Child Protective Services. The three older children spent 10 days in a Dallas hospital before being released.

The 10-year-old boy, however, returned to the hospital recently and remains there. Gonzales declined to discuss his condition.

A status hearing is scheduled for September, Gonzales said.

“We’re still trying to work it out with CPS,” said Sonia Santiago, who lives in Lorain, Ohio. “We are just as interested in getting them as Grandma, and what is in the best interest of the kids will be what we work out. The kids, that’s all of our main focus.”

The three children, who have different fathers, and their 1-year-old sibling were found by Dallas police July 2 after Sonia Santiago and her husband, Abner, made the 1,200-mile drive from the Cleveland area. They came to check on Abner’s sister after Abneris Santiago called her mother in Tampa, Fla., saying her boyfriend was threatening to kill her and the children.

“She was crying and she said: `Mom, I cannot take no more of this monster. He is threatening me, and this monster is making my life miserable, making it a living hell,’” said Ruth Leon, Abneris’ mother.

Upon arriving in Dallas, Abner and Sonia Santiago picked up Abneris at the restaurant where she worked as a waitress, called for police assistance and then drove to the Budget Suites of America, an extended-stay hotel that sits along one of Dallas’ busiest freeways. The hotel has maid service, but it is optional and costs extra.

The 1-year-old, the daughter of Abneris and Alfred, was found in a crib. The other three were shut in the bathroom, authorities said.

It was apparent the children suffered from “serious physical, emotional and mental neglect,” according to the affidavit. The 10-year-old was covered in bruises.

Sonia Santiago did not go into the hotel room, but said her husband broke down when he returned to the car. She caught a glimpse of the children coming out.

“They were really bad,” she said, her voice faltering. “They were skin and bones.”

The 11-year-old told authorities that their mother left them with her boyfriend while she worked. She said they were allowed to leave the bathroom only when he took a shower and that they were regularly beaten and rarely fed.

“The older children talked about hiding food in their pockets or in shampoo bottles because they weren’t sure they would be fed again,” Gonzales said.

The girl told authorities she had been sexually abused by her mother’s boyfriend for at least three years. She described numerous rapes and said she was forced to perform oral sex on him. She also said the boyfriend threatened to kill her if she told her mother.

Gonzales said the children were “very skinny and dirty and unkempt.” The 11-year-old told authorities the children has been forced to stay in the bathroom since October, with one sleeping in the tub and two sharing the floor. It wasn’t clear if they had been there since 2007 or 2008.

Sonia Santiago said she believed they had been at the hotel for about 18 months. She said her sister-in-law and her boyfriend moved from Florida to Dallas nearly three years ago, ostensibly to care for Alfred Santiago’s ailing mother.

“At this point, I don’t believe anything she’s ever said,” Sonia Santiago said.

In an interview from jail, Alfred Santiago said he did nothing wrong and he considers himself the victim. He said the three children were a danger to his daughter and accused them of pouring urine on the baby.

“The one who is being disrespected right now is I, because I’m the one who’s being abused,” he told The Dallas Morning News. “What I was doing is protecting my baby daughter from her kids. What I did was I did not leave my daughter out of my sight.”

He also told the newspaper that the children were to blame for their poor health because of their refusal to eat “mountains of rice, of chicken, of pork chops, of hot dogs.”

“They were skinny because they were not eating the food,” he said. “I’m not ashamed to say it, I was feeding them, but they were not eating their food.”

Foster Child Death Update -

 

http://www.kztv10.com/news2005/viewarticle.asp?a=9456

Action Ten News has received new information about the Alice foster family who had a two-year-old girl die under their watch Monday.

Child Protective Services told Action 10 News on Thursday that the foster parents are licensed to care for children with medical needs. Two-year-old Jenesis Gomez suffered from treacher colis syndrome, only allowing her to eat and breathe through a tube.

The foster family is also licensed to care for up to six children. They currently have two children.

In 2008, the family was cited for leaving their children in the care of nurses and home health care providers.

Jenesis was only in the foster family’s care for four days before she died.

The foster family received Jenesis from a hospital where she was being treated for an infection in the tube that allowed her to eat and breathe. While at the hospital, she tested positive for cocaine.

Before being taken to the hospital, Jenesis was in the care of a biological aunt who had been recently arrested for possession of a controlled substance, according to the Child Protective Service’s removal affidavit.

Jenesis’s biological mother, Ashley Silva, told Action Ten News Wednesday that she believes her daughter’s death is the foster family’s fault. She said she was told that Jenesis had pulled out her own trache tube. Silva said she refuses to believe that.

“She did not do that,” Silva said. “She knows to protect herself. She knows that’s her airways.”

Residential Child Care Licensing, a division under the Texas Department of Family and Protective Services, is investigating the foster family. Child Protective Services is also under the Texas Department of Family and Protective Services.

 

Two-Year-Old Dies Under Foster Care -

 

Child Protective Services is investigating a family whose foster child died Monday.

 

http://www.kztv10.com/news2005/viewarticle.asp?a=9453

The biological mother blames CPS for putting her two-year-old little girl into the wrong hands, but why the child was placed in CPS in the first place may offer another point of view.

Two-year-old Jenesis Gomez was born with treacher collins syndrome, a disease characterized by facial deformities. Before she died Monday, she depended on a tube to eat and breathe.

Jenesis’s mother, Ashley Silva, said she was told that the toddler removed her own tube on Monday. Silva said she refuses to believe this.

“She did not do that,” Silva said. “She knows to protect herself. She knows that’s her airways.”

Silva said she believes it is the foster family’s fault because she thinks they did not help Jenesis get her tube back in.

“If they were there to assist her, she would have been alive,” Silva said. “I know it. I’m telling you.”

Even if Jenesis was still alive, though, it’s likely she would be with a foster family. During Jenesis’s short life, she has lived with various family members, many of whom have been arrested for drugs.

In fact, the toddler herself tested positive for cocaine less than two weeks ago. Doctors discovered this when she was at Driscoll Children’s Hospital for an infection to her trach tube. Jenesis was then placed with a foster family upon being released from the hospital.

She was only with the family for four days before she died.

Action Ten News asked CPS how the baby could have died under state care. John Lennan, a public information officer for Child Protective Services, replied that the child was medically fragile.

CPS will continue to investigate the foster family to find out what happened.