Case of the Payne children
Posted: Wed Apr 08, 2009 7:43 pm
http://www.azstarnet.com/sn/metro/284303.php
Tucson Region
CPS worker suspected child neglect
But lack of evidence forced her to close investigation on Ariana and Tyler Payne
By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 03.14.2009
Editor's note: Readers, please be advised that the testimony in this trial is disturbing.
A retired Child Protective Services caseworker told jurors Friday that she had concerns Ariana and Tyler Payne were being neglected by their mother, Jamie Hallam, but was forced to close the investigation because of a lack of evidence against her.
"It doesn't mean it didn't happen. It just means we didn't have enough evidence," a testy Cindy Graupmann told Deputy Pima County Attorney Susan Eazer.
Graupmann was one of the last witnesses called to the stand in the capital-murder trial of Christopher Payne, 30. Closing arguments are scheduled for Monday.
Prosecutors believe Payne killed Ariana and Tyler in the summer of 2006 — months after CPS and the Tucson Police Department thwarted Hallam's efforts to get her children back from Payne.
An autopsy showed Ariana, 3, suffered broken ribs and a chipped shoulder bone before she died. Four-year-old Tyler's body has never been found.
Payne is charged with two counts of first-degree murder, multiple counts of child abuse and two counts of concealment of a dead human body. If convicted, he could receive the death penalty.
Hallam dropped Ariana and Tyler off with Payne on Jan. 20, 2006, for what was supposed to be a weekend visit, according to testimony.
Hallam testified that when she asked for CPS's help in getting the children back, she was rebuffed despite the fact she had sole legal custody of them.
Graupmann testified she began investigating Hallam for suspected child neglect in October 2005. She made two surprise visits to Hallam, one that October and again in early January. Each time, the children were dressed appropriately and appeared healthy, Graupmann said. But Hallam had sores on her face, leading her to believe Hallam was using drugs.
Although Hallam's drug test came back negative, Graupmann said she considered it a positive because Hallam waited three days to supply her urine.
She spoke with Payne on the phone on Feb. 6, 2006, and urged him to seek custody of the children, Graupmann said.
Graupmann admitted that when she spoke to Payne that day, she didn't know Payne had just re-established contact with the children after being absent from their lives for three years. She also acknowledged never meeting Payne, not doing a criminal background check on him and not asking him to submit to drug testing.
All those things would have been done if Hallam's parental rights had been formally severed.
Graupmann acknowledged she called Hallam on March 1, 2006, to inform her she could pick up the children because the investigation against her was finished and the neglect allegations were unsubstantiated.
Hallam tried to pick up the children March 9, 2006, but Tucson police officers left the children with Payne after speaking with Graupmann and her supervisor, Christy Tarpley, over the phone.
Tarpley testified Thursday that the police officers told her Payne had a judge's signed order giving him temporary custody of the children.
The officers testified two weeks ago that Payne did not have signed documents, only a petition asking for custody. The officers said that although Hallam had a letter from CPS indicating the case against her was closed, they deferred to CPS and left the children with Payne.
Graupmann testified Friday that her case notes indicate she told Hallam on March 9, 2006, that the case was still open because they suspected her of using methamphetamine.
But Graupmann acknowledged there are no case notes in Hallam's file dated past that date.
Eazer also asked Graupmann about the sores on Hallam's face.
"Do you know if they were the result of drug usage?" Eazer asked.
"I do not," she said.
"Could they have been caused by acne?" Eazer asked.
"Could be," Graupmann said.
Graupmann was actually called to the stand by Payne's attorneys, who have suggested Ariana's bones were broken before she arrived at the Payne household, possibly by one of Hallam's former boyfriends.
The retired caseworker testified Hallam told her she had been the victim of domestic violence, but there was never any indication the children were abused by Hallam's former boyfriends or that the children had witnessed any violent acts.
Payne has denied physically abusing either child and says they starved themselves to death because they wanted to be with their mother.
Defense attorneys Rebecca McLean and John O'Brien contend it was Payne's live-in girlfriend, Reina Gonzales, who starved the children to death.
Gonzales, 24, who only admits not helping the children, pleaded guilty to two counts of second-degree murder in exchange for a 22-year prison sentence.
Graupmann testified a case aide went to Payne's house on Feb. 21, 2006. At that time, Gonzales was on the phone trying to get the electricity turned back on, but there was food in the refrigerator and the children appeared well.
The aide gave Payne contact information for the Department of Economic Security and the Arizona Health Care Cost Containment System, but Payne said he didn't need food-bank assistance, Graupmann said.
As far as she knows, Payne never called CPS after March 9, 2006 — not to report that the children were starving themselves or soiling themselves and not to report they were acting out or eating their own feces, Graupmann said.
Payne told detectives he did exactly that but received no help.
Hallam sued CPS over Graupmann's and Tarpley's actions, but agreed to settle her lawsuit for $1 million in June 2008. Her lawsuit against the Tucson Police Department is still pending.
Tucson Region
CPS worker suspected child neglect
But lack of evidence forced her to close investigation on Ariana and Tyler Payne
By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 03.14.2009
Editor's note: Readers, please be advised that the testimony in this trial is disturbing.
A retired Child Protective Services caseworker told jurors Friday that she had concerns Ariana and Tyler Payne were being neglected by their mother, Jamie Hallam, but was forced to close the investigation because of a lack of evidence against her.
"It doesn't mean it didn't happen. It just means we didn't have enough evidence," a testy Cindy Graupmann told Deputy Pima County Attorney Susan Eazer.
Graupmann was one of the last witnesses called to the stand in the capital-murder trial of Christopher Payne, 30. Closing arguments are scheduled for Monday.
Prosecutors believe Payne killed Ariana and Tyler in the summer of 2006 — months after CPS and the Tucson Police Department thwarted Hallam's efforts to get her children back from Payne.
An autopsy showed Ariana, 3, suffered broken ribs and a chipped shoulder bone before she died. Four-year-old Tyler's body has never been found.
Payne is charged with two counts of first-degree murder, multiple counts of child abuse and two counts of concealment of a dead human body. If convicted, he could receive the death penalty.
Hallam dropped Ariana and Tyler off with Payne on Jan. 20, 2006, for what was supposed to be a weekend visit, according to testimony.
Hallam testified that when she asked for CPS's help in getting the children back, she was rebuffed despite the fact she had sole legal custody of them.
Graupmann testified she began investigating Hallam for suspected child neglect in October 2005. She made two surprise visits to Hallam, one that October and again in early January. Each time, the children were dressed appropriately and appeared healthy, Graupmann said. But Hallam had sores on her face, leading her to believe Hallam was using drugs.
Although Hallam's drug test came back negative, Graupmann said she considered it a positive because Hallam waited three days to supply her urine.
She spoke with Payne on the phone on Feb. 6, 2006, and urged him to seek custody of the children, Graupmann said.
Graupmann admitted that when she spoke to Payne that day, she didn't know Payne had just re-established contact with the children after being absent from their lives for three years. She also acknowledged never meeting Payne, not doing a criminal background check on him and not asking him to submit to drug testing.
All those things would have been done if Hallam's parental rights had been formally severed.
Graupmann acknowledged she called Hallam on March 1, 2006, to inform her she could pick up the children because the investigation against her was finished and the neglect allegations were unsubstantiated.
Hallam tried to pick up the children March 9, 2006, but Tucson police officers left the children with Payne after speaking with Graupmann and her supervisor, Christy Tarpley, over the phone.
Tarpley testified Thursday that the police officers told her Payne had a judge's signed order giving him temporary custody of the children.
The officers testified two weeks ago that Payne did not have signed documents, only a petition asking for custody. The officers said that although Hallam had a letter from CPS indicating the case against her was closed, they deferred to CPS and left the children with Payne.
Graupmann testified Friday that her case notes indicate she told Hallam on March 9, 2006, that the case was still open because they suspected her of using methamphetamine.
But Graupmann acknowledged there are no case notes in Hallam's file dated past that date.
Eazer also asked Graupmann about the sores on Hallam's face.
"Do you know if they were the result of drug usage?" Eazer asked.
"I do not," she said.
"Could they have been caused by acne?" Eazer asked.
"Could be," Graupmann said.
Graupmann was actually called to the stand by Payne's attorneys, who have suggested Ariana's bones were broken before she arrived at the Payne household, possibly by one of Hallam's former boyfriends.
The retired caseworker testified Hallam told her she had been the victim of domestic violence, but there was never any indication the children were abused by Hallam's former boyfriends or that the children had witnessed any violent acts.
Payne has denied physically abusing either child and says they starved themselves to death because they wanted to be with their mother.
Defense attorneys Rebecca McLean and John O'Brien contend it was Payne's live-in girlfriend, Reina Gonzales, who starved the children to death.
Gonzales, 24, who only admits not helping the children, pleaded guilty to two counts of second-degree murder in exchange for a 22-year prison sentence.
Graupmann testified a case aide went to Payne's house on Feb. 21, 2006. At that time, Gonzales was on the phone trying to get the electricity turned back on, but there was food in the refrigerator and the children appeared well.
The aide gave Payne contact information for the Department of Economic Security and the Arizona Health Care Cost Containment System, but Payne said he didn't need food-bank assistance, Graupmann said.
As far as she knows, Payne never called CPS after March 9, 2006 — not to report that the children were starving themselves or soiling themselves and not to report they were acting out or eating their own feces, Graupmann said.
Payne told detectives he did exactly that but received no help.
Hallam sued CPS over Graupmann's and Tarpley's actions, but agreed to settle her lawsuit for $1 million in June 2008. Her lawsuit against the Tucson Police Department is still pending.