Slain girl's estate asks for new trial over damage award in death
By HEATHER CHAPIN-FOWLER, Norwalk Bureau Chief
11/16/2007
http://www.zwire.com/site/news.cfm?newsid=19029677&BRD=1699&PAG=461&dept_id=46371&rfi=6
NORWALK -- The estate of Connre Dixon is asking for a new trial in the
Huron County Common Pleas Court where a jury would determine a new award
for damages in regards to the foster girl's death.
Dixon, who was 11 years old at the time of her death, was stabbed
repeatedly by her foster father in October 2004. At the time, she was in
the custody of the Huron County Department of Job and Family Services.
Dixon's estate sued the Huron County Department of Job and Family
Services as well as the county commissioners who were seated at the time
of her death.
The jury found the county to be negligent in regards to Dixon's
placement in the foster home of Paul Efaw and awarded her estate
$600,000 in March.
Last month, visiting Judge Judith Cross overturned the jury's decision,
lowering it to $100,000 saying the jury ''lost its way'' while coming to
a decision.
Cross gave the estate 21 days to accept her ruling and if it didn't, a
new trial, only on the damages issue, would be conducted to determine
another award amount, stated court records and an attorney for the estate.
''There's a strong presumption for jurys and jury verdicts. Our view was
the jury has spoken and that view usually prevails especially when you
don't have an amount that is way off kilter. If this would have been a
$98 trillion verdict, you could understand the judge taking it out of
the jury's hands, but $600,000 seemed fair and reasonable and within the
range of what a reasonable judge could have found and that's what we
argued to the judge, but she obviously disagreed,'' said Ken Myers, an
attorney for the estate.
Additionally, the estate ''is certainly considering appealing (the
court's) ruling (that reduced the award for damages),'' Myers said.
Meanwhile, the county is responsible to pay for the estate's attorney
fees. The county disputes the figures submitted by Willard Attorney Jim
Martin, who also represents the estate.
An attorney for the county, Joan Szuberla, confirmed yesterday that the
county is disputing the fees, but didn't know the details, she said.
''The county has issues they're not happy with. They got the damages
overturned, but they wanted the whole thing to be overturned,'' Myers said.
Cross canceled a hearing yesterday concerning the attorney fees issue
because she was presiding over another court proceeding which posed a
scheduling conflict, said Myers.
A new date hasn't been scheduled yet, according to a court spokesperson.
CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....
CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.
every parent should read this .pdf from
connecticut dcf watch...
http://www.connecticutdcfwatch.com/8x11.pdf
http://www.connecticutdcfwatch.com
Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS
*Perpetrators of Maltreatment*
Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5
Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.
CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...
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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