Published: Sun, December 18, 2011 @ 12:10 a.m.
ATTORNEY LOOKS INTO DEATHS OF 2 IN 2003
By Ed Runyan
An attorney who has applied pressure to Trumbull County Children Services for months says he’s uncovered evidence that the agency’s problems date back to 2003 — when two children died.
Atty. David Engler encouraged the criminal investigation of employees that is now taking place regarding the alleged videotaped molestation of a 9-month-old child in the agency’s custody in April.
He also sought to have Children Services employees placed on leave during the investigation, and he filed civil suits against the agency for allegedly failing to prevent the death of a child in its custody in 2009 and for allegedly not following the Open Meetings Act.
Now he’s researching the deaths of two children in 2003 that he says indicate the agency has failed for years in its mission to protect children.
Engler points to the deaths of Logan Guiton, 4, at the hands of Michael Ledger of Dickey Avenue in Warren, and Auntavia Atkins, 3, who died at the hands of Ethel Wilbert-Bethea on North Bank Street in Cortland.
Those deaths, combined with the death of Tiffany Banks Cross, 20 months, on April 2, 2009, total three for which Engler believes the agency is in some way responsible.
Engler says that’s a high number of deaths associated with a county children-services agency, which indicates a “dysfunctionality of Trumbull County Children Services.”
The agency denies accusations that an employee in one of the cases ignored warning signs.
The agency’s executive director, Nick Kerosky, was not working in Trumbull County when any of the deaths occurred, but he agrees that three “does seem like a lot.”
“No child should die. One is too many,” Kerosky said. “When a child dies, you have to look and see what could have been done differently.”
He added, “There’s a lot of danger out there for kids, and that’s why we have the agency we do.”
Michael Ledger of Dickey Avenue Northwest, now 49, called 911 at 4:20 a.m. Jan. 19, 2003, saying Logan Guiton, his son’s brother, was not breathing. Prosecutors said Ledger injured the boy’s head by hitting it on the drywall of a bedroom wall. The boy died two days later in a Cleveland hospital.
Ledger pleaded guilty to murder and was sentenced to 15 years to life in prison.
Ledger was Logan’s legal guardian. The boy’s mother placed him and his 6-year-old brother in foster care, Warren police said. Ledger was the biological father of the 6-year-old, but he was not Logan’s biological father, according to Vindicator files.
Robert Kubiak, executive director of Children Services in 2003, said the agency had no reports of Logan’s having been abused at Ledger’s home.
“My review is that the agencies working on this case handled it appropriately,” Kubiak said.
Auntavia Atkins, 3, died Sept. 3, 2003, of a head injury after being taken to the hospital Aug. 29, 2003, from a home on North Bank Street in Cortland where she was living with Ethel Wilbert-Bethea, her husband and other children, according to Vindicator files.
Wilbert-Bethea, now 47, was sentenced to 21 years in prison after being convicted of involuntary manslaughter, felonious assault and four counts of child endangerment.
Auntavia was not in Children Services custody, nor was she part of the agency’s foster-care program, officials said. Auntavia’s mother, Angel Diggs, gave Auntavia to Wilbert-Bethea to watch for her while Diggs worked on getting a full-time job and a place to live, according to Vindicator files.
Cortland police were called to Wilbert-Bethea’s home, where emergency responders found Auntavia in serious condition and took her to a hospital.
The girl also had retinal hemorrhaging, chronic rectal bleeding, malnutrition, missing hair and burn marks on her body, police said.
Diggs told The Vindicator in 2003 that she repeatedly asked a Children Services caseworker to visit Auntavia, but nothing was done. Diggs said she told the agency that she’d been told Wilbert-Bethea was abusing Auntavia.
“I asked my caseworker to visit, but she didn’t. If she would have, she would have saw what was going on,” Diggs said.
Kubiak, the director at the time, said he could not respond to Diggs’ allegations.
Markita Parks of Warren, who along with her mother, Fannie Parks, served as foster parents for 11 years, said Diggs and a Children Services caseworker told her that Wilbert-Bethea had contacted the agency three times to tell it that Wilbert-Bethea wasn’t able to handle Auntavia.
Markia and Fannie Parks told The Vindicator last week that the caseworker asked Fannie Parks to take the child, and Fannie Parks agreed. Parks and her mother already had custody of Auntavia’s brother. Parks eventually adopted the boy, Markita said.
The request for Parks to take Auntavia came about three to four weeks before Auntavia died, Markita Parks said.
“The minute a foster parent says they can’t handle it, an emergency worker needs to get involved,” Markita Parks said.
Parks said the agency’s handling of the Auntavia case made her and her mother “furious” and caused them to get out of foster parenting in 2005.
Kerosky said last week he looked into the allegations made by Fannie and Markita Parks and checked with the caseworker.
“There’s no support that it ever happened. I don’t believe it ever happened,” Kerosky said.
When asked whether Children Services had any knowledge of Auntavia prior to her death, Kerosky said he would not comment.
Tiffany Banks Cross
Tiffany Banks Cross was 20 months old on April 2, 2009, when she died at the hands of her foster mother, Bonnie Pattinson.
Pattinson and her family were living in a duplex on Center Street West in Champion Township when emergency responders were called to the home because the girl was not breathing.
Pattinson, now 33, was convicted of involuntary manslaughter and sentenced to nine years in prison. The coroner ruled that Tiffany died of asphyxiation, and a county prosecutor said there were marks on the child’s neck consistent with the rings Pattinson was wearing.
Thomas Cross, Tiffany’s biological father, filed a lawsuit against Trumbull County Children Services, accusing the agency of failing to protect Tiffany despite what he says were warnings that the girl was being abused. Engler is the attorney for Cross.
In the suit, Cross said he warned the agency that the girl might be in danger, saying he noticed bruising on her and dog hair in her formula.
The Vindicator filed public-information requests with Children Services asking whether any disciplinary action was taken against any agency employee regarding the deaths of Guiton, Atkins or Banks Cross.
Kerosky, who became executive director Oct. 1, 2010, said no disciplinary action was taken in any of the cases.
“Those cases were all investigated and looked at by the state” Department of Job and Family Services, Kerosky said. He “had not read the reports” emanating from those investigations, Kerosky said, but Ohio JFS had found that Children Services had done nothing wrong, Kerosky said.
After asking the state agency for information on its investigations into the three deaths, the agency replied: “Regrettably, the Ohio Department of Job and Family Services cannot comply with your request due to state law that makes such records confidential/nonpublic.”
Attorney David Engler
http://www.DavidEngler.com Attorney Engler’s website
Areas of Practice: Family Law, Elder Law, Domestic Relations, Bankruptcy, Criminal