GUILTY ME - Brooklyn Foss-Greenaway, 3 mos, found dead, Fairfield, 8 July 2012

[southernnana]

Hejlena, thank you for posting the news article. I had not read the Fox report.
That is certainly a relief to hear. I just could not imagine, even hearing opinions from the attorneys that there was no way it would happen. I have not been able to follow a case in juvenile court ... what I usually find is the court records information is not available to the public and is a need to know basis only - LE, social workers, etc.

Also, I wanted to mention that I read the section from the statute of Maine's juvenile code on competency that you posted. From a laypersons viewpoint, such as myself, the only item I could imagine the 10-yr old being competent in is 6.A.(5)(b) "the ability to articulate her emotions." :hand: I'm kidding, of course, as I am sure all manner of standards are used by the courts to help determine the competency as well as the psychiatric evaluations she will undergo.

http://www.foxnews.com/us/2012/08/31/maine-case-worker-blames-sitter-for-baby-death
Deputy attorney general says they will not seek to try the girl in adult court

From the Link above

Deputy Attorney General Bill Stokes said the girl is the youngest homicide suspect in his 35 years as a state prosecutor, and he said there will be no effort to have her tried in the state's adult court system.

<snipped> and BBM

Today 08:53 PM
Hejlena http://www.mainelegislature.org/legi...sec3318-A.html

Maine juvenile code as is pertains to competency

 

[Sonya610]

Muchless neglect when she did'nt come to the aid of the 10 yr old (& obviously the infant)when she brought the baby downstairs cause she could'nt quiet the baby.??

I think the 10 year old would have dumped the baby downstairs, or in her mothers lap if she didn't want to deal with the baby.

Sounds like the 10 year old wanted to "play house" with a real baby and her mom arranged for it, the crib was put in the 10 year olds room etc... Problem was, the baby wasn't being "fun" it was crying and fussing. It wasn't supposed to act like that! This was her reward for going to camp! And since it was hers to do with as she pleased....well she decided to punish the baby.

 

[Oblio]

Two children failed here.

That said, the girl is not without fault, but it was up to her mother to keep the baby safe. Of course if this is the biological mother we are talking about, I wouldn't expect it in her nature. Attachment disorders don't sprout up out of nowhere, yk?

Poor judgment seen from all adults involved, including the baby's mother.

 

[jjenny]

I think the 10 year old would have dumped the baby downstairs, or in her mothers lap if she didn't want to deal with the baby.

Sounds like the 10 year old wanted to "play house" with a real baby and her mom arranged for it, the crib was put in the 10 year olds room etc... Problem was, the baby wasn't being "fun" it was crying and fussing. It wasn't supposed to act like that! This was her reward for going to camp! And since it was hers to do with as she pleased....well she decided to punish the baby.

ITA. A baby is not a doll for 10 year old to play with. And I don't understand why they didn't charge 10 year old's mother with some sort of neglect.
That 10 year old shouldn't have been babysitting any babies.

 

[Hejlena]

Two children failed here.

That said, the girl is not without fault, but it was up to her mother to keep the baby safe. Of course if this is the biological mother we are talking about, I wouldn't expect it in her nature. Attachment disorders don't sprout up out of nowhere, yk?

Poor judgment seen from all adults involved, including the baby's mother.

I agree that the girl needs to be held responsible for her actions-to me the sixty five thousand dollar question in the U.S. is, how do we do that? punishment, treatment, mere confinement? Then again, there is a clear paper trail showing that the girl has been psychiatrically (is that a word?) unable to show control her actions, emotions, etc. This is where her mother comes in. I'd like to see the mother charged with negligent homicide.

Also, I have been pondering myself the issue of the previous diagnoses-odd, attachment disorder. you're right, these disorders do not sprout up out of nowhere, especially attachment disorders. unfortunately, many times the diagnoses *do*. when I worked child protection, I came to be well aware of the psychiatrists a parent could go to in order to get a child diagnosed and/or medicated. furthermore, I believe many of these are "service-driven"diagnosed, meaning health insurance will not cover treatment without what the health insurance powers that be deemed to be a "corresponding diagnosis".
On the other hand, this girl clearly has significant mental health issues, and they could be organic/ environmental, or both. mother did not follow through with appropriate treatment or safety plans.
I can say when I first saw moms facebook page, I was taken aback by the wholesome family portrayal. I expected an awful house, unkempt mom, children, and what the pictures portray challenged my stereotypes. then again, we don't know the history of the family, esp early years. maybe the child was in foster care-if these behavioral issues started early, it its possible. maybe mom was in jail in early years. all conjecture, of course. i have also seen mothers who were never separated from their children unable to form a bond.
One thing that has struck me over the years working with families and children is the generational and residual effects of abuse, neglect, addiction. I worked with more than one family who never touched a drop or drug and were appropriately distanced from their abusive, neglectful, addicted family of origin. and yet the family operations and dynamics were just as if there was still alcohol/ drugs/ abuse neglect involved.
This is a very tragic situation. I pray that those in a position to do the right thing, whatever that is, fight like lions to do so.

 

[Hejlena]

Title 17-A: MAINE CRIMINAL CODE

Part 2: SUBSTANTIVE OFFENSES

Chapter 9: OFFENSES AGAINST THE PERSON



§201. Murder


1. A person is guilty of murder if the person:


A. Intentionally or knowingly causes the death of another human being; [2001, c. 383, §156 (AFF); 2001, c. 383, §8 (AMD).]



B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being; or [2001, c. 383, §156 (AFF); 2001, c. 383, §8 (AMD).]



C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception. [2001, c. 383, §156 (AFF); 2001, c. 383, §8 (AMD).]


[ 2001, c. 383, §156 (AFF); 2001, c. 383, §8 (AMD) .]



1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.

I'm such a novice poster, I hope I'm doing all this right. above is part of the Maine murder code. I have no legal expertise, but I'd say this clearly applies to the mom of the ten year old. charge her.

 

[Sonya610]

then again, we don't know the history of the family, esp early years.

Well we know the babysitter said she had been abused by a previous partner. One would naturally assume that might have been the 10 year olds father, and a combination of nature AND abuse early could lead to disastrous personality disorders.

Problem with that theory is the 9 year old daughter, who appears to have a different father, a man that is currently trying to get custody of the 9 year old. The prime suspect for both bad genes and abuse is the first father, perhaps mom kept him around for a while even after having had another child by a different man? I suspect that is the case.

McKee said the brain of a prepubescent child, such a 10-year-old, is far less developed than that of an adult. "It&#8217;s not [an] apples and oranges [comparison],&#8221; he said. &#8220;It&#8217;s apples to carburetors&#8212; the furthest away from a fruit you can get.&#8221;

While a 10 year old may not be able to aid in their own defense at trial the idea that they are "apples to carburetors" to adult humans is pure hooey! If that were true then siblicide would be a HUGE problem among humans and people would rarely be able to raise multiple kids together.

 

[southernnana]

:rose:


Does anyone have any updates or news?

 

[Reader]

:rose:


Does anyone have any updates or news?

I've been checking all the links I have but can't find anything new. Probably not until the child goes to court in Oct. Anybody else? TIA

 

[southernnana]

Thanks, Reader!

I've been checking all the links I have but can't find anything new. Probably not until the child goes to court in Oct. Anybody else? TIA

 

[C-Squared]

State formally charges 10-year-old girl in death of Maine infant

http://www.pressherald.com/news/State-formally-charges-10-year-old-Fairfield-girl-in-death-of-infant.html

I hope the State charges the 10 year olds mother as well. According to the article, she knew that the child was not to be left alone around other children. This tragedy could have been prevented. So sad.

 

[jjenny]

So far it doesn't seem like they are going to charge the mother of a 10 year old-which I find puzzling.
After all, she was the one in charge of babysitting.

 

[believe09]

I am sure that the 10 year old was initially transferred to youth services because of neglect charges-like everyone pointed out, she had access to her ADHD meds. If she believed her meds were given to her when she was acting up, then I can see her believing that she should give them to the baby for the same reason. Since babies dont swallow pills, typically, I can see how things might have gone south from there....jmo.

What an incredibly senseless tragedy.

 

[Reader]

10-year-old due in court on manslaughter charge

http://news.yahoo.com/10-old-due-court-manslaughter-charge-063212850.html

SKOWHEGAN, Maine (AP) — The youngest person to be charged with homicide in Maine in at least 30 years was due to make her first appearance Monday in District Court.

A 10-year-old girl was charged with juvenile manslaughter in the death of 3-month-old Brooklyn Foss-Greenaway, who was staying overnight in the girl's home in Fairfield in the care of the girl's mother..............

The state opted not to try the girl as an adult. If convicted as a juvenile, the maximum penalty is incarceration until age 21.

Maine District Court Chief Judge Charles LaVerdiere issued a special order warning that no recording device of any type was allowed in the courtroom Monday.


I still want to know why this girl's mother has not been charged. To me, she was the adult/mother and responsible for her daughter's behavior and the child she agreed to babysit, with the provision this 10 year old would not be around the baby alone....I agree with the 10 year old being removed from the home because her mother was not caring for her properly either and hope if she is incarcerated she will receive the treatment and counseling she needs. However, to me, it's a miscarriage of justice to hold her only responsible for this baby's death.

 

[southernnana]

:wave:

However, to me, it's a miscarriage of justice to hold her only responsible for this baby's death.[/I]

Reader, I absolutely agree with your thinking and would like to hear from others as to their opinions.

 

[Reader]

11-year-old accused in Maine baby death arraigned

http://www.usatoday.com/story/news/...ccused-in-maine-baby-death-arraigned/1649315/

SKOWHEGAN, Maine (AP) — The youngest person to be charged with homicide in Maine in at least 30 years bit her nails and looked down during her first court appearance Monday...............

The girl, now 11, entered a plea of "no answer" in District Court in Skowhegan. Her only other choices were "guilty" and "not guilty." Maine District Court Judge Charles LaVerdiere ordered a competency hearing for her.............more at link.....

 

[Reader]

Girl charged with manslaughter in death of baby still being evaluated

http://bangordailynews.com/2013/01/...ghter-in-death-of-baby-still-being-evaluated/

FAIRFIELD, Maine — The 11-year-old girl charged with manslaughter in connection with the death of a 3-month-old baby last summer still is being evaluated by the state to determine her competency to stand trial, according to the Maine attorney general’s office.

“She is still undergoing evaluation. There is no next court date set,” Brenda Kielty, spokeswoman for the attorney general’s office, said Monday.............

The girl made her initial appearance in Skowhegan District Court on Oct. 22.

John Martin of Skowhegan, the girl’s attorney, pleaded “no answer” on her behalf...........

Martin requested a competency hearing for the juvenile during the Oct. 22 court appearance, which was granted.

The competency hearing was ordered “to see if she … understands what lawyers do, what judges do, what court proceedings are for and so forth,” Assistant Attorney General Andrew Benson, who is prosecuting the case for the state, said outside the court building. Because of the request, Benson said he wasn’t surprised by the plea.

More at link.....

 

[trofanji]

Hearing ends with judge yet to rule if 11-year-old girl is competent to stand trial

http://bangordailynews.com/2013/03/...rged-with-manslaughter-under-way/?ref=polbeat

 

[angelainwi]

Fairfield girl, 11, still not competent to stand trial for manslaughter

http://bangordailynews.com/2013/06/...ling-baby-still-not-competent-to-stand-trial/

 

[Tonya421]

Unbelievable! I just saw this thread & was floored when I began reading it

And mom of the 10-yr old still hasn't been charged :thud:
Why? I wonder if they've given Brookelyns' mom an explanation for that