Forensic expert: Foster Child may have died after repeated falls:Pima County's deputy chief medical

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...