Forensic expert: Child may have died after repeated falls
SHERYL KORNMAN
Tucson Citizen
http://www.tucsoncitizen.com/daily/local/48923.php
The 2005 death of a 16-month-old girl less than a month after she was
placed with a foster couple could have resulted from a number of falls
coupled with a bleeding disorder, according to statements obtained by
the couple's attorneys.
Dr. John Plunkett, a forensic medical expert, said Emily Mays could have
been injured days before she collapsed in Randall and Penny West's Rita
Ranch home early on Aug. 24, 2005.
Plunkett's testimony was provided to a Justice Court judge as a written
statement by the Wests' attorneys on Wednesday, the third day of a
preliminary hearing.
The hearing is to determine whether the Wests should be tried on felony
child abuse charges in the death.
After 2 1/2 days of testimony and evidence presented in open court by
Pima County prosecutors, the Wests' attorneys presented their case in
writing to Justice Court Judge Pro Tempore Frank Moore. Those documents
were released Thursday to the Tucson Citizen.
The documents included statements from a specialist for the agency that
had trained the Wests to be foster parents, the owner of the day-care
center Emily attended, and Randall West's supervisor at Davis-Monthan
Air Force Base.
Emily, who her foster parents say fell backward onto a carpeted floor
unconscious on Aug. 24, died after her biological mother had her removed
from a ventilator at Tucson Medical Center later that day. She did not
regain consciousness.
Plunkett said that Emily's death likely resulted from "a low-velocity
head impact" that "caused central nervous symptom injury" and that her
condition was complicated by an underlying blood coagulation disorder.
A pediatric intensive care specialist at University Medical Center
testified Monday that Emily died from uncontrollable bleeding inside the
brain caused by blunt-force trauma. He said that he did not believe the
injury was an accident.
Pima County's deputy chief medical examiner testified Wednesday that
blunt-force trauma caused Emily's death but did not call it a homicide.
In his written statement, Plunkett said "any of the other number of
falls that she had in the days preceding her hospitalization could also
have been the cause of the initial bleeding" from a subdural hematoma, a
blood clot on the brain.
He said a fall "most likely" two to three days before her collapse
contributed to the death.
He also said the child had appeared to have an underlying blood
coagulation disorder that may have contributed to the extent of the
bleeding in her brain, which stopped her respiration and caused her death.
The Wests told investigators Emily was still learning to walk and fell
often.
They said she had fallen and hit her head on a changing table or a wall
at a supervised visit with her biological mother at least a week before
she collapsed.
The foster care specialist for the agency that placed Emily and her two
siblings with the Wests in July 2005 had planned to make her first home
visit since the placement on Aug. 24, the day Emily died.
The specialist, Kim Simpson, worked for Devereaux Arizona, a nonprofit
contractor hired by Child Protective Services, the state's child welfare
agency, to find, train and license foster parents to care for children
removed from their parents' custody.
The Wests were trained as foster parents and licensed by the state
through Devereaux.
Simpson said she was required to visit foster homes after a placement
every other month.
She said she had numerous telephone conversations, initiated by Penny
West, about Emily and her two siblings.
Simpson said she "never heard Penny sound stressed or unstable in any way."
She also said she never saw Randall West "stressed or angry" while the
Wests were going through the foster parent training and licensing process.
"Penny and Randy were a real asset to Devereaux," she said.
The Wests have three biological children, two daughters and a son.
The director of the day-care center where the Wests' foster children
were enrolled told an investigator for the couple's attorneys that the
foster children "always had new clothes and new shoes and they were
always very neat and clean."
"That's rare for foster parents," Cathy Garcia, the center director, said.
Foster parents are paid a subsidy of about $30 a day, or about $900 a
month, by the state for each foster child they care for.
"Penny definitely wasn't a foster parent for the money," said Mary Joyce
Esquibel, owner of the day-care center.
Esquibel said Emily was "lethargic" and "obviously had developmental
delays."
"Penny is a super person," Esquibel said.
Randall West's supervisor at D-M wrote a letter in support of West in
September 2005, after the child died.
"I have nothing but respect for Mr. West and I would entrust him with
the care of my family members," said Senior Master Sgt. Brian Medaugh,
superintendent of the 355th Dental Squadron. West is a dental technician
in the Air Force.
Moore set the next court date in the case for April 26 to give the
prosecutors a chance to cross-examine witnesses whose testimony is in
the written documents.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL
SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPING PROGRAM....
BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
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