Articles on what is abuse and neglect

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Articles on what is abuse and neglect

Postby Marina » Wed Oct 24, 2007 6:52 pm

. ... st_emailed

Roach-infested home leads to child abuse charge (11:17 a.m.)

Sun News Report

Article Launched: 10/16/2007 11:15:53 AM MDT


LAS CRUCES — A mother of four children has been arrested on child abuse charges after investigators found her home in an unsanitary condition and infested with roaches, police said.

Erica Aguilar, 29, of the 800 block of north Tornillo Street, was arrested Monday and charged with negligent child abuse.

According to Las Cruces police, investigators found the home infested with roaches in and around the kitchen and inside the refrigerator and kitchen cabinets. The home also had a strong odor of animal feces and urine.

Aguilar's children, ages 6, 8, 11 and 14, have been placed in protective custody.

Aguilar was being held at the Dona Ana County Detention Center on $10,000 cash bond.


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Postby Marina » Wed Oct 24, 2007 6:54 pm

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Father found guilty of child abuse in baby-shaking case

Last Update: 10/16 2:02 pm

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WATSONVILLE, Calif. (AP) - A Watsonville man has been found guilty of counts of child abuse for shaking his 3-week-old daughter so hard she suffered brain damage.

Israel Garcia was accused of shaking his daughter on Dec. 8th, 2005.

Authorities say the girl is now blind, suffers from cerebral palsy and has little brain function.

Garcia allegedly told investigators he accidentally dropped the baby on the ground from a height of 4 feet while he was caring for her.


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Postby Marina » Wed Oct 24, 2007 7:14 pm


Father Arrested After Son's Fall

MEDFORD, Ore. - A Medford father has been charged with child neglect and criminal mistreatment after his 6-year-old son fractured his skull while skateboarding at a skate park.

The boy, who wore a helmet while skating, was listed in good condition at a Medford hospital Tuesday.

Police say 44-year-old Daniel Willis dropped off his son with his 9-year-old brother at the skate park and left them there for about two hours.

The parents told police they often dropped the boys off for skating. At about 6:30 p.m. Sunday, a passer-by saw the boy vomiting and asked what was wrong. After learning that the boy had fallen and hit his head, the passer-by called for help.

An ambulance took the boy to Rogue Valley Medical Center, where doctors found he had fractured his skull.



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Postby Marina » Wed Oct 24, 2007 8:24 pm

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New Bern man arrested for felony child abuse

Thursday, Oct 18, 2007 - 03:44 PM

On October 17, 2007, New Bern Police Department detectives were called to Craven Regional Medical Center by the Department of Social Services to investigate a possible child abuse case.

New Bern Police arrested Ronald Anthony ACOSTA, 09/09/1981, of 3413 Brunswick Ave. for shaking his nine-week old son.

The investigation revealed that the incident occurred sometime Wednesday morning.

The child was airlifted to Pitt Memorial Hospital in serious condition.

ACOSTA was charged with Child Abuse Inflicting Serious Injury, a felony charge. He was being held in the Craven County Jail under a $2 million bond, and made a first appearance in court Thursday, October 18, 2007.


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Postby Marina » Wed Oct 24, 2007 8:30 pm


Couple charged with child abuse

B. Echevarria

A couple was charged Thursday with abusing a 12-year-old last weekend at their home, lawmen say.

Frank Roy Echevarria, 42, is accused of assaulting his son Sunday morning at their home on the 8000 block of Concord Church Road, according to the Cumberland County Sheriff’s Office.

Echevarria’s wife, 22-year-old Brooke Echevarria, also is facing charges. She is the boy’s stepmother.

Investigators say Frank Echevarria woke his son and began punching him on his upper body and grabbing him by the neck. The boy had difficulty breathing and was dizzy after the assault, the Sheriff’s Office said.

“The victim has extensive bruising to his face and neck ... to include elongated marks to the neck,” an arrest warrant stated.

The Echevarrias were most recently employed by the county. Frank Echevarria resigned Monday from the county’s Emergency Medical Services. His wife resigned Tuesday as a county dispatcher, according to county records.

Frank Echevarria is charged with felony child abuse, felony assault inflicting serious injury by strangulation and child neglect. Bail was set at $5,000.

Brooke Echevarria is charged with aiding and abetting felony child abuse and child neglect. Her bail was set at $2,500.

According to an arrest warrant, Brooke Echevarria was charged because she was “present with the opportunity and duty to prevent the act and failed to do so.”

She also is accused of failing to seek medical treatment for the boy following the alleged assault, the warrant stated.

The boy’s mother notified authorities about her son’s injuries Sunday after he was dropped off at her home, said Sheriff’s Office spokeswoman Debbie Tanna.

The Echevarrias were released from the Cumberland County Detention Center after posting bond, the Sheriff’s Office said. They are scheduled to appear in court at 9 a.m. today.


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Postby Marina » Wed Oct 24, 2007 8:33 pm

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Child abuse suspect arrested

09:55 PM MST on Wednesday, October 17, 2007

By Alicia Barrón, Fox 11 News

Watch Fox 11 News report

A man suspected of causing severe injury to a child is behind bars.

Courtesy: Pima County Sheriff's Dept.

Carlos Jesus Pizano, 29, was arrested at his residence in the 2900 block of West Camino Bueno. He faces child abuse charges and domestic violence charges for allegedly causing physical harm to his child.

According to a media release from the Pima County Sheriff’s Department, a three-month-old child was taken to University Medical Center on September 20 due to eye hemorrhaging and breathing difficulties.

Staff at the hospital recognized signs of child abuse and separated the child from her family and immediately contacted detectives from Crimes Against Children.

The media release indicates the child was treated and had to have surgery to stop bleeding into her chest cavity. It was also discovered she had broken ribs in various stages of healing and fractures in the right tibia and fibula that are consistent with past injuries. A CAT scan also revealed the victim had a fractured skull. She was sent to the Intensive Care Unit to recover.

Authorities issued an arrest warrant against Pizano on October 16. He is currently in the Pima County Adult Detention Center.


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Postby Marina » Thu Oct 25, 2007 9:36 am

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Posted October 20, 2007

Mom charged with child neglect after baby in stroller rolls into street

Baby suffers large bump on head

Gannett Wisconsin Newspapers

An 18-year-old Sheboygan woman is facing a criminal charge after allegedly leaving her 6-month-old child in a stroller on the sidewalk Thursday, running from a confrontation as the wind pushed the stroller and child into North 14th Street, a criminal complaint said.

Judy Namavong, of 704 N. 14th St., was charged Friday with misdemeanor child neglect for the incident, in which the baby suffered a large bump on her head when the stroller tipped over in the roadway, the complaint said.

Namavong faces up to nine months in jail and $10,000 in fines, if convicted. She was in jail Friday in lieu of a $100 cash bond.

According to the complaint:

Namavong told police she was pushing the stroller near 14th Street and Ontario Avenue about 2 p.m. when a man and woman who were drunk stopped their vehicle next to her and confronted her. She said she got scared and ran from the scene.

When asked if she had abandoned her child in doing so, Namavong said — according to the complaint's paraphrase — that she was "all stressed out and needed to get away."

A woman who watched the incident happened went to help the baby and was met by a relative of the mother. The woman then drove the baby and the relative, at his request, to Namavong's house.

The baby suffered a bump to her forehead that was 3 inches across and protruded a quarter-inch, but was otherwise unhurt.


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Postby Marina » Thu Oct 25, 2007 9:39 am

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Dad accused of child neglect blames work schedule

Friday, October 19, 2007
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Don Swartout is charged with child neglect after admitting he left his 7-year-old alone in a van while he went to work.

PINELLAS COUNTY (Bay News 9) -- A St. Petersburg man accused of leaving his 7-year-old child alone in a van while he was at work said he had no choice because a schedule change left him without childcare.

Don Swartout, 59, was arrested and charged with child neglect.

The child was found Thursday night in a van parked in a Dunedin church parking lot.

Deputies said the van's engine was off and the front windows were open.

Deputies say the child was found with toys, a blanket, and a bottle of water.

"The boy was crying when deputies approached the van, the deputy made contact with him and noted he was in need of assistance, he soiled himself, he was hungry, he was thirsty," said Sgt. Jim Bordner, Pinellas Sheriff's Office.

Deputies located Swartout at his job, Consumer Sales Services in Dunedin, a few blocks away. He admitted to leaving the child alone and unsupervised.

"It's tough when you're a single parent like that, a lot of people here have children but we have to take care of concerns for children first," said Tom Cummins, General Manager.

Swartout told deputies he had been bringing the child to work with him over the past week because a schedule change left him without childcare.

Deputies say the child was left in a car alone in this church parking lot in Dunedin."Moving him from dayshift to evening shift and he's had a challenge finding appropriate child care and for that reason at least on two evenings this week he's brought the child to work with him," Bordner said.

Swartout said he had parked the van at the church because he thought it was a safe place and that he had been checking on the child during his breaks.

Swartout's employers said he left the child in the work parking lot earlier in the day. His employers said when they found out they told Swartout to leave and take care of his son.

Swartout lives in an apartment connected to his landlord's home. She tells Bay News 9 the boy's mother died and she has babysat the child on other occasions.

The child is now in protective custody.


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Postby Marina » Thu Oct 25, 2007 9:48 am


Fri Oct 19, 10:17 PM ET

A jury found Bryan Bratchell guilty of first-degree felony murder and aggravated child abuse on Friday evening.

The trial was five years in the making and the family was pleased with the outcome.

The state said it believes that the level of child abuse is the same as murder and that it was the worst case of a shaken baby they had ever seen.

State prosecutors said five years ago, Bratchell lost his temper when the baby wouldn't quit fussing and he shook the child so hard it led to his death.

"He admits the baby was injured with him. He never denies that. He then admits to police that he shook the baby four to five times," Assistant State Attorney Candy Talton said.

But defense attorney Tim Caudill said Bratchell shouldn't be charged with murder.

"If you believe he shook that baby, you still don't have to find him guilty of aggravated child abuse, and if you don't find him guilty of aggravated child abuse, it isn't felony murder," Caudill said.

The defense said their client's confession that he shook the baby was pounded into him by aggressive investigators looking for a crime where an accident occurred. They said the fussing child arched his back, slipping out of Bratchell's grasp, and when the child's head fell back, Bratchell's attempt to catch the child created the fatal snapping back of the neck.

"The trial was being delayed for five years for something that we knew that he did, and I know my niece is very happy about how the jury came out. We are very happy that that happened because we knew that he was guilty from the beginning," an aunt, Elida Quash said.

Officials said Bratchell will receive life in prison and he'll be sentenced in late November.


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Postby Marina » Thu Oct 25, 2007 10:15 am

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Man Accused Of Child Abuse: 'It's Not Worth It'

Father Faces Charges For Beating Son With Belt

POSTED: 12:10 pm EDT October 22, 2007
UPDATED: 10:20 pm EDT October 22, 2007

MIAMI -- A father accused of child abuse for using a belt to discipline his 8-year-old is now cautioning other parents to stay away from the belt.

Prosecutors have lowered but not dismissed charges against Loscar Rodriguez, who has an arraignment hearing on Tuesday.

Rodriguez is now facing a third-degree felony charge, rather than second-degree felony child abuse. If convicted, Rodriguez could be sentenced to up to five years in prison.

Rodriguez insisted on Monday that the belt-whipping was not child abuse, but discipline.

"I've been put out to be this monsterous father that I'm not," he said.

Rodriguez said his son got bad grades at Carver Elementary School, lied to him about the bad grades and did not bring home notes from his teachers.

Rodriguez said he tried cutting off TV time and video games as punishment, but finally he whipped the boy.

He was arrested and charged with child abuse and aggravated assault.

"Stay away from the belt. It's not worth it," Rodriguez said at a news conference on Monday.

His lawyer complained that the law banning acts that could reasonably be expected to result in injury to a child is vague.

"Whether a child bruises easily or not could be the difference between being arrested and being considered a good disciplining parent," said attorney Mark Eiglarsh.

Even the bond court judge seemed confused by the charge.

"A welt from a belt... it's supposed to leave a mark so you remember to get your work done," the judge said.

But the arrest report described bruises on the boy's left leg and over the entire buttocks. One source who has seen the photos told NBC 6 that they're powerful evidence of abuse, not a close call.

Rodriguez's lawyer steered away from specifics when asked about the punishment. However, his client said that different cultures see discipline differently.

"As a Hispanic, we, in my family, we are tough like that," Rodriguez said.

Rodriguez's mother said she hit him with a belt when he misbehaved as a child in Nicaragua.

"I understood growing up that there was a reason for that and she doesn't hate me," Rodriguez said.

Rodriguez hasn't been allowed to see his son since he was arrested, but he addressed the boy during the news conference.

"If I'm tough, it's because I want the best for you, and I love you very much," Rodriguez said. "He knows that."

Rodriguez said he expects to visit his son Wednesday. The boy has been living with his mother's parents.


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Postby Marina » Mon Oct 29, 2007 10:51 am


Oct 26, 2007 6:22 pm US/Eastern

Man Accused Of Abuse Says He Was Disciplining Son

Eliott Rodriguez

(CBS4) CORAL GABLES A Miami Dade man who was arrested after he allegedly disciplined his son with a belt is no longer facing a felony charge.

During his arraignment Tuesday, the felony aggravated child abuse charge was dropped against 20-year old Loscar Rodriguez; he still faces a charge of child abuse with no harm.

After his arraignment, Rodriguez attended a second hearing where a judge ruled that his son will remain in state custody. Rodriguez and his wife will be allowed supervised visits.

"I've been put out to be this monstrous father, but I'm not," Rodriguez told CBS4's Elliot Rodriguez.

Earlier this month Rodriguez, of Coral Gables, was charged with felony abuse over the beating of his son with a belt because the boy had lied to him and had brought home bad grades.

“His progress report was all F’s and D’s,” said Rodriguez. “I mean I took it to this extend because we had talked about it. I had warned him before.”

Some parents that CBS4 News spoke to admitted that even though they use alternative methods to discipline their children, there have been times when they've felt a spanking would've been appropriate.

Dr. Lynn Katz, who specializes in child psychology at the University of Miami, says children usually respond to spankings only out of fear.

"I say, look down the road to the future, and that little boy is 6ft. tall and he's playing basketball, and he's taller than you, what are you going to do?" said Katz.

Regardless, some parents still believe physical punishment is the most effective in some cases.

According to the police report, the boy told his school nurse that he couldn’t sit down in class because his father had struck him with a belt. A school counselor called police, who then sent DCF investigators to their home to investigate. Police say Rodriguez admitted to the DCF investigator that he beat the boy because of his bad grades. The boy was immediately removed from Rodriguez's home.

Rodriguez says he tried disciplining his son in a variety of ways before resorting to the hitting him. He said he took his toys away, lectured him, revoked privileges, but the whipping was the last resort.

"He wasn't bringing home notes to my client that he was supposed to, that were sent from the teacher," said Rodriguez's attorney Mike Eiglarsh. "He was lying, and he chose to discipline his child using what he believes to be appropriate discipline."

Under Florida law if you discipline your child in a way that causes injury or might expect to cause injury, you may be charged with child abuse, but Eiglarsh says the law is vague and charges should be dropped.


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Postby Marina » Mon Oct 29, 2007 11:09 am

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Couple pleads innocent

By Samantha Sommer

Staff Writer

Friday, October 26, 2007

SPRINGFIELD — Vonda and James Ferguson pleaded innocent Friday to a total of 63 charges, including child endangering, permitting child abuse and felonious assault.

Judge Richard O'Neill continued their arraignment from last week in order for them to hire an attorney. It was determined they weren't eligible for a public defender because of James Ferguson's income.

Vonda Ferguson appeared without an attorney. She told O'Neill that she contacted seven attorneys but couldn't afford their retainer fees. Her husband's income could only pay for one lawyer, she said.

O'Neill appointed the public defender's office to represent her.

James Ferguson was represented by Dublin lawyer Kerry Donahue, who said it would be a conflict of interest to represent both of them.

Both were allowed to remain free on their own recognizance. They declined to comment.

The couple have been accused of using severe punishment on their five adopted children, including hitting them with hammers and belts and making them eat excrement. Vonda Ferguson also faces two charges of rape.

Earlier this year, similar charges against the couple were dismissed in Union County because most of the incidents occurred here.

Special prosecutors from Union County have been appointed to try the case. They couldn't be reached for comment Friday.

There is no probable cause that Fergusons committed the crimes, Donahue said, and the case should be dismissed.

Defending themselves has left the couple financially strained, their lawyer said, and they have lost their house.

He called the case a witch hunt and will ask the court to allow him to review the grand jury transcripts to see what led to the indictments.

"It's overzealous prosecution," Donahue said.


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Postby Marina » Tue Oct 30, 2007 6:35 am

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Richard Orr column:

Thought control is child abuse 10-28-2007

From the Plainview Daily Herald

A parent’s primary job is to raise their children to be open-minded, self-assured individuals who can handle the slings and arrows life is sure to throw at them before they know it.

The unnamed parents of a high school freshman in Tuscola — a town in Taylor County southeast of Lubbock, pop. 711 — shirked that responsibility earlier this month when they filed a police complaint against 25-year-old Kaleb Tierce, their son’s English teacher, after the lad chose a book from an approved reading list in an advanced-placement class.

Titled “Child of God” by Pulitzer Prize-winning novelist Cormac McCarthy, the book’s main character is a murderer who lives in a cave and has sex with his victims’ rotting corpses after having been falsely accused of rape.

When the parents couldn’t get any satisfaction from school authorities — after all, the list was prepared by all the English teachers in the district — Tierce was cited for distributing harmful material to a minor.

Although he’s not been arrested, he is on paid administrative leave and faces up to a year in jail and a $5,000 fine, unless the district attorney does the right thing and refuses to prosecute a case teachers everywhere must be watching very closely and many parents must be shaking their heads in utter disbelief over.

Granted, having sex with the dead is not a very pleasant thing to think about, let alone do. Yet how many youngsters — or adults, for that matter — are going to end up imitating such behavior? If the book glorified necrophilia and made heroes of its practitioners, that might be different.

But no one has made such a claim.

And it seems lost in the shuffle somewhere that the student picked the book himself — it wasn’t assigned to him. Why couldn’t the parents simply tell the boy to choose another one if they didn’t like that one?

Better yet, why not read the book themselves and discuss it with him? Hiding life from children doesn’t do them or society at large any good.

There’s even a word for it: indoctrination.

The other day, a friend commented that she knew of a school (I think it’s in California) where the parents had to agree in writing to let their offspring learn about communism.

How can you deal with something you know nothing about?

The way things are going, all our kids are going to know when they get out of school is how to pass standardized tests that dull the mind and make learning a boring experience when it should be an exciting, mind-blowing adventure. You know, like it used to be before we started school.

A college history professor once told us that if you were to write an honest history of the founding of this country for elementary and high school students, you couldn’t get it published.

I’m reminded of a weekly TV show in the 1960s about teaching. In one episode, a sixth-grade class was studying Custer, who was being portrayed as a hero when, in reality, he was a vainglorious drunk whose main purpose at Little Big Horn was to use it as a springboard to Washington.

When one kid who had enjoyed the riches of a stimulating home life where he was taught to read, ask questions, question answers and think for himself raised his hand to point out the fallacy of Custer’s alleged heroism, he was eventually removed from the class for being “disruptive.”

Writers the caliber of Mark Twain, J.D. Salinger, Ernest Hemingway, Ezra Pound and hundreds of others have had their work come under fire from a general public who apparently were indoctrinated instead of educated.

If we’re going to criticize and condemn books, let’s start at the very top — the Bible.

No other book on earth — outside perhaps the Koran and Torah — contains every conceivable sin, crime, horror and disgusting aberration known to humankind. Murder, mass murder, rape, incest, adultery, warfare, butchery, theft — you name it, it’s there.

There’s no more slippery slope on earth than book-burning. Let’s hope reason prevails in Tuscola.

(Richard Orr is a Herald correspondent. Contact him at [email protected])


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Postby Marina » Tue Oct 30, 2007 6:41 am

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Mother to be charged with assault in death of 3-month-old baby

By BRIAN HAMLIN/The Reporter, Vacaville
Article Launched: 10/28/2007 07:59:59 AM PDT

Prior to her arrest on felony child abuse charges, teen mother Karla Lujan offered several explanations for her daughter's death last summer, ranging from improper placement in a child car seat to a voodoo curse, testimony revealed Friday in Solano County Superior Court.

Lujan, 17, and her 20-year-old husband, Jorge, were arrested by Fairfield police Sept. 13 in connection with the July 4 death of their 3-month-old daughter, Jasmine. Jorge initially was charged with child neglect, but later was released after the District Attorney's Office filed a notice of intention not to prosecute him.

Karla Lujan, however, was formally charged with child abuse resulting in injury and death as well as assault with force likely to result in great bodily injury.

Following a five-hour preliminary hearing Friday, Superior Court Judge Donna Stashyn ruled that sufficient evidence appeared to have been presented to hold Karla Lujan to answer on the assault charge, but not on the child abuse charge. Describing the case as "troubling on more than one level," Judge Stashyn set 8:30 a.m. Nov. 6 for further arraignment in the matter.

According to Friday's testimony, Jasmine Lujan's parents reported finding her unconscious and unresponsive in
a spare bedroom of their Travis Air Force Base home the afternoon of July 4. Jorge Lujan said he attempted cardiopulmonary resuscitation and, unsuccessful, called for emergency personnel.
The infant died and Fairfield police were summoned after doctors at David Grant Medical Center questioned the manner of the child's death.

Questioned Thursday by Deputy District Attorney Terry Ray, David Grant radiologist

Dr. Robert Jesinger testified that X-ray images showed Jasmine Lujan appeared to have suffered at least seven rib fractures and one fracture to her forearm. The injuries, he said, appeared to have been two- to four-weeks-old and were healing at the time of her death.

Further questioned by Ray, the radiologist said rib fractures are fairly rare at Jasmine's age and usually involve a large amount of force.

The lead investigator in the case, Fairfield Police Detective Rebecca Belk, said she interviewed Jorge and Karla Lujan on several occasions after reviewing reports about their daughter's death. During the interviews, Jorge, and then Karla, speculated that the child's ribs may have been injured while she was being put in a car seat.

During yet another interview, Belk testified, Karla Lujan suggested that the infant may have been injured by a voodoo curse cast by Jorge's ex-wife.

Following an autopsy, no specific cause of death was listed by the Solano County Coroner's Office. The child, however, reportedly had been found alone, lying with her face in a soft, egg crate-type mattress, and the prosecutor told the court that it was likely the infant suffocated after Karla Lujan left her face-down on the mattress and then walked away.

"Her neglect and her actions caused Jasmine Lujan's death on that day," Ray declared as the diminutive defendant sobbed at the defense table.


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Postby Marina » Mon Nov 05, 2007 8:44 pm


Man Arrested for Child Abuse in Union Co.

A possible case of child abuse in Union County. Sheriff deputies have arrested Timmy Ray Lovings.

They say Lovings tried to shake his baby to death.

The baby is just 37-days-old and was taken to Carolinas Medical Center.

Lovings is being held in the Union County Jail. He is charged with attempted murder and one count of child abuse.

He's due in court December fifth.


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Postby Marina » Tue Nov 06, 2007 7:36 pm

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Posted November 5, 2007

Woman pleads no contest to child neglect charges

By Andy Nelesen
[email protected]

A Green Bay woman serving a one-year jail term for failing to protect a 15-year-old from a sexual assault pleaded no contest today to child neglect and theft charges.

Keo Moua, 29, entered her pleas today in the unrelated cases and is scheduled to be sentenced Nov. 19 before Brown County Circuit Court Judge Donald Zuidmulder.

As part of the plea deal, prosecutors dropped a felony bail jumping charge. She faces up to four years in prison on all pending charges.

The child neglect charge was filed after police and social workers went to Moua’s home in August and found her two children, ages 5 and 7, home alone, according to the criminal complaint.

A neighbor said Moua had left home earlier in the morning. The two children said their mother is home “sometimes” and that no one else lives with them. Officers tracked Moua to her probation agent’s office.

Moua initially said her children were with a neighbor, but later said someone else living in the house was supposed to be with the children. No one was in the home when officers were there, the complaint said.

The theft charge stems from a fraudulent transaction at a Green Bay bank in December 2005.

Moua was charged in March and pleaded no contest in July to allowing a 15-year-old to have a sexual relationship with a 25-year-old man. Moua was sentenced Sept. 11 to one year in jail in that case.

Last edited by Marina on Tue Nov 06, 2007 7:42 pm, edited 1 time in total.

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Postby Marina » Tue Nov 06, 2007 7:41 pm

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At Hearing on Child Neglect Petition, Doctor Testifies That Slain Husband Beat Her

Published: November 6, 2007

A woman whose estranged husband was shot dead on a Queens playground last month cried in Queens Family Court yesterday as she testified about her broken marriage and the custody battle she and her spouse were waging over their 4-year-old daughter.

The woman, Dr. Mazoltuv Borukhova, 34, said that her estranged husband, Dr. Daniel Malakov, had improperly treated her and their daughter, Michelle, and that she had decided to take the girl and leave the family home in November 2003.

“It was my birthday,” said Dr. Borukhova, under questioning by her lawyer, Florence M. Fass, referring to Nov. 10, the date she left.

“He physically abused me,” she said, crying. “He said in order for me to stay with him I have to clean the house with my tongue. He punched me all night. I couldn’t stand it anymore. It was the first time he started beating me up. I left.”

The case in Family Court centers on efforts by the city’s child welfare agency, the Administration for Children’s Services, to follow through on its petition accusing Dr. Borukhova of neglecting her daughter.

Relatives of Dr. Malakov, 34, who was shot three times in the chest on Oct. 28, were at the courthouse, as was a lawyer who had represented the victim in his divorce, which had yet to be finalized.

“On behalf of the family, they vehemently deny the accusations,” said the lawyer, Nathan Pinkhasov. “Essentially, Ms. Borukhova has time and time again fabricated charges against Mr. Malakov which have been proven to be not true, so the family is not surprised by her continued attack on Daniel and by any new accusations.”

Mr. Pinkhasov said Dr. Malakov’s parents want to care for Michelle, who was placed in foster care after the shooting. The police are investigating whether the shooting was linked to the custody battle between Dr. Malakov, an orthodontist, and Dr. Borukhova, a specialist in internal medicine. No arrests have been made.

At another point during the hearing, Dr. Borukhova, in an apparent attempt to appeal to reporters in the courtroom, said: “Please, I want to talk, I want people to hear me. Everyone is accusing me. Let me explain what happened.”

But she was chastised by Judge Linda Tally, who warned her against such outbursts.

Also in court yesterday, a lawyer representing the child welfare agency questioned State Senator Diane J. Savino, a Staten Island Democrat, about an Oct. 18 encounter with Dr. Borukhova’s sisters. They had been brought to the senator, a former child services caseworker, by staff members who thought she could help them. During the meeting, Ms. Savino said, they expressed unease over a state judge’s Oct. 3 decision transferring temporary custody of Michelle to Dr. Malakov.

Ms. Savino said that one of the sisters asked her about a hypothetical scenario in which Dr. Malakov could no longer care for Michelle.

“What if something happens? What if he can’t take care of her?” said Ms. Savino, quoting the sister.

The senator testified that she answered by explaining that, barring other circumstances, it would probably be in the best interests of the child to be sent to stay with her mother. One of the sisters then posed another hypothetical question, according to the senator’s testimony.

“What if she disappears?” said Ms. Savino, quoting the sister. “I assume she meant Michelle. I said: ‘If you’re asking me what I think you’re asking, I cannot advise you more strongly against this action. They will find her. They will extradite her here. She will go to jail. Your niece will end up in foster care. You will also go to jail.’”

Then, the senator said, she was watching television one night when she saw news of Dr. Malakov’s killing. “As soon as I saw the name, that’s when I realized it was the same family,” Ms. Savino said. She then contacted detectives in Queens.

David Schnall, the court-appointed legal advocate for the child, said he would meet with Michelle tomorrow. The hearing is scheduled to continue on Thursday, he said.

“My position at this point is that the return of Michelle to her mother would put the child at imminent risk of emotional harm, based on my experience with the case for the past three and a half years,” said Mr. Schnall. “I am supporting the A.C.S. position.”


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Postby Marina » Tue Nov 06, 2007 7:45 pm

. ... 127173.htm

November 5, 2007, 6:42 pm]

"Toddler Found Alone Again, Mom Faces Charges"

A Murfreesboro mother is charged with child neglect after her three-year-old son was found wandering the streets for the second time in one week.

Joanna Nelson told News 2 she has taken every precaution to keep her son inside her home.

“He’s on a mission to see his dad,” she told News 2. “His father does not live but a block from here.”

Last week, Nelson said her son grabbed his bike sometime at about 6 a.m. and was found pedaling along North Tennessee Boulevard in Murfreesboro.

After that incident, Nelson installed locks, confident her toddler couldn't reach them.

She was...

...right about the front door but said her three-year-old figured out the back door.

“I'm assuming he scaled this,” Nelson said.

The second time, police found her boy riding his bike along a busy, sidewalk-less road.

“Anytime you have a three-year-old that's close to a mile away from their house riding a bicycle on a very busy street, it's something that concerns us greatly, it's a very dangerous situation,” said Murfreesboro Police officer Kyle Evans.

Police are taking the case seriously. They contacted the Department of Children Services and the department now has custody of all three of Nelson'schildren.

Nelson contends that she is a good mother, a single mother doing the best she can and hopes a judge will see that she's doing everything possible to protect her children.

“The entire world thinks I'm a terrible parent, and frankly I don't care my kids love me, I do everything I can do for them,” she said.


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Postby Marina » Wed Nov 07, 2007 12:26 pm

. ... ryid=31143

Kentucky Man Facing Child Abuse Charges

Posted Tuesday, November 6, 2007 ; 03:29 PM
Updated Tuesday, November 6, 2007 ; 03:49 PM

Doctors alerted troopers to infant's injuries

Story by Martina Bills

GREENUP, Ky. -- A Kentucky man was arrested after police say he abused his 4-month-old son.

David Staten, 21, from Flatwoods is charged with first degree criminal abuse.

Kentucky State Police charged Staten after doctors at Charleston Area Medical Center noticed the child's injuries.

Doctors said the injuries appear to be caused from shaken baby syndrome.

Staten is being held on $15,000 bond at the Greenup County Detention Center.

No word on the infant's condition.


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Postby Marina » Wed Nov 07, 2007 12:30 pm

. ... 1/71106042

Latest News - Updated @ 2:02 P.m.

Mother arrested after incident with daughters


A Cape Coral mother was arrested Monday for child abuse after she reportedly became enraged that her daughters had not cleaned the kitchen, police said.

Officer Josh Silko reported that around 10:30, he responded to the woman’s home, where both girls were “very distraught and crying.” Silko’s report does not indicate how old the girls are, but upon his arrival, one reportedly said, “See what she did to me again!” At that point, she pointed to a large red and swollen area on her right thigh.

The girl told Silko her mother, Lisa J. Seeley, 40, arrived home when the girls were doing their homework and screamed at both of them. Seeley then reportedly kicked a chair and a fan across the room. She then picked up her purse, Silko reported, and hit one of the girls in the face.

“Through this time, she was yelling and cussing at her daughter saying, ‘I hate you,’ ” Silko wrote. “Just before leaving the room, Lisa picked up something from the floor and threw it at (one of the children), striking her in the leg, and then left the residence.”

Throughout the ordeal, Seeley was reportedly screaming, “I hate you.”

The children told Silko this kind of thing happens “multiple times a week” and one even described them as “crazy rampages.”

Seeley arrived back home while Silko was there, and when the officer asked what happened, she reportedly responded by saying, “The little witch doesn’t respect me.”
She denied striking the girl, but continued to refer to her as a “witch” throughout the conversation.

Based on the statements and the visible injuries, Silko arrested Seeley on a charge of cruelty toward a child without great harm. She is being held at the Lee County Jail, and her bond information was not immediately available.


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Postby Marina » Thu Nov 08, 2007 1:02 pm

. ... ryid=31150

Mother Pleads Guilty in Court

Posted Tuesday, November 6, 2007 ; 04:35 PM
Updated Tuesday, November 6, 2007 ; 08:10 PM

Heather Kammerdiner pleaded guilty in Ohio County Circuit Court on Tuesday to child neglect.

Story by Steven Centofanti

WHEELING -- Heather Kammerdiner pleaded guilty before Ohio County Circuit Court Judge Arthur Recht on Tuesday to the felony of child neglect creating a risk of serious injury.

According to the prosecution, Kammerdiner abandoned her children at their South Wheeling home in deplorable conditions.

The Department of Health and Human Resources found the home in disarray with urine and animal feces throughout the house.

The Ohio County Animal Control had to remove the pets from the house for health risks and there was a large infestation of flies in the home.

Kammerdiner could face between one to five years in prison for the felony.

A sentence date for Kammerdiner is set for Dec, 7.


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Postby Marina » Sat Nov 10, 2007 12:00 pm


January trial ahead in child-abuse case

By Brian Hamlin/Senior /Staff Writer
Article Launched: 11/07/2007 01:02:24 AM PST

A January trial date has been set for a former Travis Air Force Base woman arrested on suspicion of felony child abuse following the death of her 3-month-old daughter last summer.
Solano County Superior Court Judge Donna Stashyn on Tuesday set 9 a.m. Jan. 9 for the jury trial of 17-year-old defendant Karla Lujan.

The teen mother, who has pleaded not guilty, faces two counts of child abuse and one count of assault with force likely to produce great bodily injury in connection with the death of her infant daughter, Jasmine. Because of her age, she's being held at Solano County Juvenile Hall on $500,000 bail.

Lujan previously had faced a more serious charge of child abuse resulting in death or injury, but that charge was dropped following an October preliminary hearing into the case.

Her 20-year-old husband, Jorge, also was arrested in connection with the child's death, but charges against him were dropped after the Solano County District Attorney's Office filed a notice of intention not to prosecute him.

According to Fairfield Police and the DA's Office, Karla Lujan summoned emergency personnel to the couple's Travis home the afternoon of July 4, reporting that her baby wouldn't wake up.

Rescuers were unable to revive Jasmine Lujan and initially thought that the child was a victim of Sudden Infant Death Syndrome. An autopsy, however, revealed evidence of possible physical abuse, including previous wrist and rib fractures.

Exact cause of death never was determined.


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Postby Marina » Sat Nov 10, 2007 12:03 pm

. ... 3353387813

Couple cleared of child abuse

By Michael L. Owens
The News Virginian
Tuesday, November 6, 2007

STAUNTON - Upon being acquitted on child-endangerment charges, a teary-eyed Heather Tomlin stood and reached over two defense lawyers to hug husband and co-defendant Steven Tomlin.

After almost six hours of testimony, an Augusta County Circuit Court jury needed just 30 minutes to decide the couple did not willingly endanger their two teenage daughters by locking them up for more than a year in a room with little more than a bed and portable toilet.

Said defense attorney Michael Hallahan after the verdict: “We were afraid when this case first came out. … It sounded pretty horrible at first, but when I started talking with all the people, it boiled down to bad parenting and not felonious behavior.”

Each parent would have faced 10 years in prison if convicted on the multiple counts of child endangerment.

“What do you think of when someone says child endangerment,” Hallahan said in his closing argument. “I think of a drunk going 100 mph with a child in the car … not someone who locks their kid in a room to keep them from lying and stealing.”

Called “the lockdown” in testimony, the room housed a mattress, camping toilet and a dresser, testified both girls, ages 15 and 16. Stealing food from the pantry or taking money for food landed them in the room, they testified.

Nails in the windows and locks reversed on the bedroom door were meant to trap the girls inside, according to tesitmony. Yet the sisters, rarely locked up together, would free each other when the parents were away.

Neither parent took the witness stand, but testimony throughout the trial explained “the lockdown” as a means of punishment, not an act of spite.

Tensions between Heather Tomlin and her two stepdaughters began in October 2005, shortly after the girls’ mother died, according to testimony.

Punishments, according to testimony, began at the family’s Crimora home in January 2006, and continued until Feb. 23, when Augusta County Sheriff’s deputies followed up on a telephone tip.

“There was this overwhelming odor of urine” in the room, Deputy Andy Parr testified. “It almost made me vomit.”

The girls said they sometimes got toilet paper and lunch when locked up, and that dinner frequently was served on the bedroom floor. They never got breakfast, according to testimony.

Yet prosecutors were hard-pressed to prove their case in the face of dozens of adult witnesses who testified of visiting the family and never spotting signs of abuse. Bolstering the defense were a pair of doctors who found no signs of abuse and the sporting and cheerleading activities the girls were involved in.


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Postby Marina » Sat Nov 10, 2007 12:27 pm

. ... ndarystory

Published: November 07, 2007 12:00 am

Mother testifies in Windham baby abuse case

By James A. Kimble , Staff writer

BRENTWOOD - After learning of her infant son's 26 broken bones, Tammy Fandozzi took him to 12 doctors who specialized in a variety of deficiencies. The doctors in Boston said it was child abuse, a conclusion she never believed.

Yesterday, the lawyer and Social Security administrator spent most of the day on the witness stand in Rockingham County Superior Court as her husband, Gurrie, 41, stood trial on charges of breaking their son's bones.

The abuse happened over a series of months, according to indictments. Windham police began investigating in August 2006 after the couple called rescue workers to their home when the 7-month-old stopped breathing.

Assistant County Attorney Patricia Conway said yesterday that once the abuse was discovered, the couple went doctor shopping - in search of someone who would say what they wanted to hear.

"I wasn't unhappy," Tammy Fandozzi said. "I was searching for answers for our son. Nobody was listening to me, and I needed some answers.

"I didn't do this," she said. "I know my husband didn't do this, so I did what any other parent would do."

To rebut the mother's claims, Conway pulled medical reports prepared by the many doctors who saw the baby. Each concluded that ailments or deficiencies were unlikely to have caused the broken bones.

Doctors at Children's Hospital in Boston said they believe the baby could only have been injured by being pulled, twisted and slammed. Gurrie Fandozzi, a stay-at-home father, spent more time with the couple's infant and 4-year-old daughter than anyone else, prosecutors said.

Yesterday was the second time Tammy Fandozzi testified under immunity from prosecution. She appeared before the grand jury that indicted her husband months ago. Her lawyer, Brian Germaine, was on hand yesterday as she was questioned by Conway and defense lawyer Stephen Shadallah.

Her testimony also has been of interest to state child advocates, who have filed a petition of neglect against her in Family Court. That proceeding is pending. Workers from the Division for Children, Youth & Families have attended the trial this week, taking notes.

Tammy Fandozzi and Shadallah denied yesterday that her answers have been tailored because of concerns about the Family Court matter.

Prosecutors also tested Tammy Fandozzi's memories of last summer once she and her husband began to notice that their son's breathing was labored. Their pediatrician believed the baby was suffering from a cold.

Through heavy, deep sobs, Fandozzi recalled being awakened by her husband in the early morning hours of Aug. 2 when the infant appeared to have stopped breathing.

"My husband came frantically upstairs and said, 'There's something terribly wrong.' He wasn't breathing right. He was breathing very shallow. I called 911 immediately."

She said her husband performed cardiopulmonary resuscitation, but not well. He pressed contractions into his son using his hands at first, not his fingers, until she corrected him.

Tammy Fandozzi described the rest of that day - being questioned by doctors and police - as a nightmare.

"I don't think you could possibly imagine what it's like being in that position," she said. "We were trying to provide any information we had. I don't know if we said it all at one time or throughout the day. I don't know."

Through heavy, deep sobs, Fandozzi recalled being awakened by her husband in the early morning hours of Aug. 2 when the infant appeared to have stopped breathing.

"My husband came frantically upstairs and said, 'There's something terribly wrong.' He wasn't breathing right. He was breathing very shallow. I called 911 immediately."

She said her husband performed cardiopulmonary resuscitation, but not well. He pressed contractions into his son using his hands at first, not his fingers, until she corrected him.

Tammy Fandozzi described the rest of that day - being questioned by doctors and police - as a nightmare.

"I don't think you could possibly imagine what it's like being in that position," she said. "We were trying to provide any information we had. I don't know if we said it all at one time or throughout the day. I don't know."


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Postby Marina » Sat Nov 10, 2007 12:29 pm

. ... 683332.txt

Two parents accused of hitting children

By the Lincoln Journal Star
Tuesday, Nov 06, 2007 - 05:30:42 pm CST

A Lincoln man faces a felony child abuse charge for allegedly hitting his teenage daughter, upset about her midterm grades.

And a Lincoln mom stands accused of misdemeanor child abuse for allegedly hitting her son with an air soft gun, leaving him with a corneal abrasion.

The first of the incidents happened Friday, when Lincoln police arrested the 39-year-old father. He posted bond that day. According to court records, his 15-year-old daughter says he picked her up from school and was angry with her because her midterm grades weren’t good enough. She told police he hit her in the left arm while they were talking in their driveway and the argument continued into her bedroom. She told police he grabbed her by her wrists, shaking and pushing her, and hit her in the right eye and cheek, leaving her eye bruised and swollen and a cut in her cheek.

Court records say he told police it was an accident.

In a separate incident Sunday night, a 33-year-old mother stands accused of assaulting her 14-year-old son. Court records say the boy was talking back to his mom. She allegedly slapped him, then he threw a plate of food. They pushed each other and wrestled on the floor, police say.

That’s when she allegedly grabbed an air-soft gun and swung it at him, hitting his face twice. It broke the gun, which is similar to a pellet gun, and left him with a bloody nose. The boy was taken to St. Elizabeth Regional Medical Center.

The Journal Star chose not to name either parent to protect their children.


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