Medical cases
Posted: Sat May 31, 2008 10:19 am
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http://www.pnj.com/apps/pbcs.dll/articl ... /805240329
Child-neglect case dropped by state
State: Boy's poor health result of disorder, not mom's care
Kris Wernowsky • [email protected] • May 24, 2008
The State Attorney's Office said Friday that it dropped a felony child-neglect charge against a Pace woman whose 4-year-old son suffers from a rare brain disorder.
Documents released by the state attorney's office reveal that the unhealthy condition of 19-year-old Erin Markes' son, Jaden, was the result of Miller-Deiker Syndrome — a form of the developmental brain disorder lissencephaly — and not criminal child neglect.
Markes was arrested and jailed in March on $100,000 bond. A judge later released her and allowed supervised contact with her son.
Cindy Anderson, with whom Markes lives, said Friday's announcement came as welcome news. Markes was not available for comment.
"The only thing I can say is she's glad," Anderson said.
Assistant State Attorney Anne Patterson filed a four-page memorandum that detailed why, after three months of investigation, the decision was made to drop the charge.
"All the physicians consulted as well as the experts were in agreement that the child's tenuous condition on March 13 was most likely as a result of the effects of his lissencephaly and not as a direct result of negligence on the part of Erin Markes," she wrote.
The dismissal comes days before Markes' arraignment, which was scheduled for Wednesday.
James "Bart" Countess, an attorney with the Tallahassee-based Arrowood Law Firm, took on Markes' case for free in April after reading about her in the news.
"Based on the information I've received in our investigation, the state attorney would have a huge mountain to climb to come even remotely close to convicting her," Countess said. "What (Markes) has been able to do given her background is simply amazing. That Jaden has survived as long as he has is a tribute to her dedication."
Markes, a single mother who had Jaden at 15, moved to Florida from Missouri in July when her mother died.
Dianna Fitzgerald, founder of Fort Wayne, Ind.-based National Lissencephaly Network, said she and medical experts affiliated with her organization for parents and families were called in to help investigators understand the nature of the disorder.
"I hope there is something we can do and the community can do to help this girl get back on her feet," Fitzgerald said. "These charges hurt her reputation."
Children with lissencephaly often have a hard time feeding, and suffer from seizures and motor-retardation. They require almost constant care, Fitzgerald said. Most children with Miller-Deiker live to age of 2. Jaden is fed through a feeding tube and has seizures.
Markes took the child to Sacred Heart Hospital early on March 13 when he began making a grunting noise that raised her concern. He weighed 12.3 pounds, and a doctor said the child appeared malnourished and suffered from bedsores.
A member of the hospital staff contacted the Florida Department of Children and Families about the child's condition.
Jaden remains in a hospice care center for children, said Janice Thomas, regional director of DCF.
"I believe there are some other actions that should have been taken," Thomas said. "No matter what, this child has a limited life expectancy."
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http://www.pnj.com/apps/pbcs.dll/articl ... /805240329
Child-neglect case dropped by state
State: Boy's poor health result of disorder, not mom's care
Kris Wernowsky • [email protected] • May 24, 2008
The State Attorney's Office said Friday that it dropped a felony child-neglect charge against a Pace woman whose 4-year-old son suffers from a rare brain disorder.
Documents released by the state attorney's office reveal that the unhealthy condition of 19-year-old Erin Markes' son, Jaden, was the result of Miller-Deiker Syndrome — a form of the developmental brain disorder lissencephaly — and not criminal child neglect.
Markes was arrested and jailed in March on $100,000 bond. A judge later released her and allowed supervised contact with her son.
Cindy Anderson, with whom Markes lives, said Friday's announcement came as welcome news. Markes was not available for comment.
"The only thing I can say is she's glad," Anderson said.
Assistant State Attorney Anne Patterson filed a four-page memorandum that detailed why, after three months of investigation, the decision was made to drop the charge.
"All the physicians consulted as well as the experts were in agreement that the child's tenuous condition on March 13 was most likely as a result of the effects of his lissencephaly and not as a direct result of negligence on the part of Erin Markes," she wrote.
The dismissal comes days before Markes' arraignment, which was scheduled for Wednesday.
James "Bart" Countess, an attorney with the Tallahassee-based Arrowood Law Firm, took on Markes' case for free in April after reading about her in the news.
"Based on the information I've received in our investigation, the state attorney would have a huge mountain to climb to come even remotely close to convicting her," Countess said. "What (Markes) has been able to do given her background is simply amazing. That Jaden has survived as long as he has is a tribute to her dedication."
Markes, a single mother who had Jaden at 15, moved to Florida from Missouri in July when her mother died.
Dianna Fitzgerald, founder of Fort Wayne, Ind.-based National Lissencephaly Network, said she and medical experts affiliated with her organization for parents and families were called in to help investigators understand the nature of the disorder.
"I hope there is something we can do and the community can do to help this girl get back on her feet," Fitzgerald said. "These charges hurt her reputation."
Children with lissencephaly often have a hard time feeding, and suffer from seizures and motor-retardation. They require almost constant care, Fitzgerald said. Most children with Miller-Deiker live to age of 2. Jaden is fed through a feeding tube and has seizures.
Markes took the child to Sacred Heart Hospital early on March 13 when he began making a grunting noise that raised her concern. He weighed 12.3 pounds, and a doctor said the child appeared malnourished and suffered from bedsores.
A member of the hospital staff contacted the Florida Department of Children and Families about the child's condition.
Jaden remains in a hospice care center for children, said Janice Thomas, regional director of DCF.
"I believe there are some other actions that should have been taken," Thomas said. "No matter what, this child has a limited life expectancy."
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