Posted on 07/29/2005 9:05:46 PM PDT by Graybeard58
PORT ALLEN -- A 12-member civil jury on Friday night found the Louisiana Department of Social Services "grossly negligent" in the 2003 child-abuse death of Mya George and returned a verdict awarding $8 million in damages, $3 million more than the plaintiffs asked.
But no one will receive millions.
The jury in the trial held in 18th Judicial District Court ruled the state 75 percent at fault, which would reduce the amount by a fourth.
Jurors ruled that the child's mother, Melissa Turnage, was 20 percent at fault. She has pleaded guilty to cruelty to a juvenile and is under supervised probation.
The jury ruled that Mya's step-grandfather, Jessie White, who beat the child to death, was 5 percent at fault. He is serving a life sentence in prison.
In a news conference on the lawn of the West Baton Rouge Parish Courthouse, plaintiff's attorney and State Sen. Rob Marionneaux Jr. explained that Louisiana law caps such awards at $500,000.
The jury awarded the entire $8 million in damages for the pain and suffering George went through.
George's father, Travis Stewart, the plaintiff of record in the case, was awarded nothing for the loss of his daughter.
A zero was placed by his name on the verdict form.
However, Marionneaux said that as George's legal representative, Stewart will receive any monetary award finally determined.
Attorneys for Social Services filed a verbal notice of appeal immediately after the verdict was announced.
Also shortly after the verdict, Department of Social Services Secretary Ann Silverberg Williamson issued a statement saying, "The loss of Mya is certainly immeasurable to us as are the deaths of other Louisiana children who are victims of abuse and neglect."
Assistant Secretary Marketa Garner Gautreau of the department's Office of Community Services joined Williamson in asserting the department's goal "is to support families and foster the safe care of children."
Gautreau added, "To effectively protect children, it's critical that we all work together. We have taken progressive measures through law and practices to strengthen our emergency responsiveness … we are continually examining our policies and procedures to ensure that they prove to be in the best interest of victims."
To make certain incidents such as Mya George's death do not recur, Williamson said, "requires the help of many, including this department. Regrettably, families are in crisis throughout this state and I encourage such citizens to reach out for assistance particularly on behalf of children's well being."
Jurors deliberated more than four and a half hours before knocking on the jury room door to indicate they had reached a verdict.
Several jurors were crying as they left the courtroom.
During the trial, a witness said Mya George still does not have a headstone.
As jurors left the courtroom, one of them stopped and told Stewart that he hoped part of the damages award would buy a headstone for the little girl's grave.
During the post-trial news conference, Cleo Fields, another plaintiff's attorney who is also a state senator, said the verdict, "sends a clean and convincing message to the Department of Social services that they have to protect children."
Marionneaux, and later Stewart, said the case "never was about money."
"It's about the failure of the Department of Social Services and the Office of Community Services to protect Mya George," Marionneaux said.
Witnesses in the trial testified that actions and inaction by the state child protection agency created the environment in which White killed the girl after months of abuse.
Attorneys for the state argued that the agency workers did all they could.
Among those testifying Friday morning was White.
On the witness stand while wearing an orange prison jumpsuit and shackles, he said he is in Angola "for killing my granddaughter," and then answered every other question with, "No comment." There was no cross-examination.
The plaintiffs called one rebuttal witness, Laurie White, who is Judge Robin Free's law clerk.
White confirmed Free's earlier testimony that Free had recused himself from a hold order on the children in May because he was related to Melissa Turnage, mother of Mya George and Mya George's older sister, Rheanna Turnage. White said that Free voided a verbal hold order for the same reason, and that he had suggested that OCS get an order from another judge.
She said Free did not order OCS workers to return the girls to their mother.
Melissa Turnage was expected to testify, but was not called to the witness stand.
In his 55-minute closing argument, plaintiff's attorney Rob Marionneaux Jr. said that Social Services attorneys had tried to lay blame for George's death on judges, law enforcement authorities, the District Attorney's Office, plaintiff Travis Stewart, Melissa Turnage, and Gertrude Beverly, George's grandmother.
"There's one party they left out," he continued. "OCS had the duty to protect Mya George."
"I've been listening to opposing counsel, waiting for the first instance of them accepting responsibility," Marionneaux added.
Marionneaux said regulations that apply to child protection workers are based on law and "not a blueprint or a template," terms used in testimony Thursday by Marketa Gautreau, assistant secretary of the Department of Social Services.
"If this policy manual is a 'blueprint' or a 'template' and not something to be followed, it's time for a jury," Marionneaux added later.
He said that if after so many reports, the department couldn't protect George, "Lord help the rest of these kids.
" Marionneaux asked the jury to award damages of $5 million in the case -- $3 million for George's pain and suffering, $1,500,000 million to Stewart for the loss of his daughter and $500,000 to Gertrude Beverly, Stewart's mother.
He noted that jurors could assign a percentage of blame to Jessie White and Melissa Turnage, but said that the more percentage of blame assigned to them, the less others would receive.
Assistant Attorney General Sonceree Smith Clark spoke for 20 minutes in closing for the defense.
She compared the plaintiff's presentation to the short story "The Emperor's New Clothes," and said the attorneys were "weavers" of nothing, claiming substance.
She said Beverly had done nothing for the child but buy Pampers disposable diapers, and that Stewart had bought only "potato chips, fireworks and hard candy" for his daughter.
She said a psychologist called as an expert witness, "doesn't know any more about this case than my 5-year-old," and called that witness' testimony, "foolishness that doesn't mean jack."
Clark said baby sitter Melissa Smith "wasn't a bad person," but added, "she doesn't know jack, either."
Clark said of the policy manual, "text ain't law," and dropped it in a trash can.
Of social worker Ruby Jenkins, Clark said "that woman did her job," and added, "she is not guilty of gross negligence."
Clark said the people responsible for George's death are White, who she called "a beast," and Turnage, who she said used "bad judgment."
Clark added that both had pleaded guilty to their roles in the death of George.
"Don't give him a penny," she said pointing to Stewart. "It's not going to help Mya now; she is in heaven with God."
Clark asked jurors "to come back with a zero verdict against the state."
Attorney Cleo Fields made the final closing argument for the plaintiff, 11 minutes.
"One agency is responsible to protect children -- OCS," Fields said. "That's their job."
He called Jenkins, "a very nice lady," but said "people make mistakes."
Fields said Jenkins was "grossly negligent," and "kept Mya in harm's way, not once but several times. It was her job to protect Mya."
He said if jurors returned a verdict for the plaintiff, they would, "do it for Mya, so that when you report child abuse, it won't fall on deaf ears."
HUH???
In order to protect the Taxpayers from further injury, the Social Services programs should be disbanded. There is no way they can prevent every case of abuse.
Simply hold the guilty responsible.
Preferably in the same cell.
L
"Clark said of the policy manual, "text ain't law," and dropped it in a trash can."
No wonder the defense lost the case, their lawyer don't even speak no good English.
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