The trial of a young Arizona girl placed with pedophiles in foster care and burned by a foster mother begins
The trial of a young Arizona girl placed with pedophiles in foster care and burned by a foster mother begins
A woman who was approved by the state of Arizona to adopt a child outside of the foster care system is on trial for child abuse. Samantha Ostera ...
A woman who was approved by the state of Arizona to adopt a child outside of the foster care system is on trial for child abuse. Samantha Osteraas faces 2 counts of child abuse for blanching a girl entrusted to her care, causing third-degree burns in almost 80% of her body, causing amputation of the 10 toes and almost costing the life of the boy.During the trial, which is expected to end this week, Devani, 7, took the stand and told a jury that Osteraas held her in the bathtub with a pink towel, according to the judge. Arizona Daily Star.
She is only 7 years old, but the beautiful girl known to family advocates as "the girl in the blue dress" has suffered more abuse than most of us can imagine.
Devani was taken at the age of 2 from his parents for the "Protection" Services for Children of Arizona, the Department of Children's Services (DCS), but she was never abused in her parents' house.
Samantha Osteraas (left) is on trial for blanching a child she adopted (right), causing severe burns on most of her body. Photo source. Devani (right) was taken before his horrible abuse in state custody. Photo of the The lives of the children of AZ matter Facebook page.
Her horrors began after she was in the custody of the state of Arizona. Before she was adopted by Samantha and Justin Osteraas, she was placed by DCS in a foster home with a man who is now serving a prison sentence for wearing a ring of pedophilia and pornography outside his home.The trial of a Tucson woman accused of burning her 5-year-old daughter in the tub begins
"The deputy prosecutor of Pima County, Alan Goodwin, told the jury of 11 women and three men, 12 jurors and two deputies, that the evidence probably does not explain why Osteraas intentionally burned his daughter, but that he will show that he committed the act and he did not, call 911 for several hours later.
The girl, who was 5 years old at the time of the incident, spent four months in a hospital after the scalding, undergoing "surgery after surgery after surgery" to remove the skin and grafts. He also had to amputate all 10 toes as a result of his injuries, Goodwin told the jury.
Detective Jeremy Butcher, the first responder to the scene, took the stand and stated that he arrived at the house within minutes of receiving the call because he lived in the neighborhood.
During the initial statements, Goodwin called what Butcher saw when he entered the home "an image ... an experience that is absolutely etched in his mind and recorded in his memory forever."
The deputy prosecutor of Pima County, Dawn Aspacher, had Butcher tell the jury what he saw and heard in the house, starting with a blood stain on the front door.
Butcher said that Osteraas was distressed as he walked to the master bedroom, where he found the girl on the floor, his body had a "dark red and almost violet tone".
The lower half of the child was covered with a towel and a red spot was visible on the floor below it. The child was not talking or crying, but was "basically looking up," Butcher told the jury.
A jury wiped his eyes while Butcher told how he had stayed with the girl until the paramedics arrived. While her breathing was labored, she said, in a moment she reached for the star-shaped badge attached to her uniform shirt.
After the girl was taken to the hospital, Butcher and other officers searched the house, finding what later turned out to be pieces of skin in various parts of the house, including the bathroom in which the child was bathed.
During Butcher's testimony, Aspacher projected photos of the girl before she was taken to the hospital on one of the walls of the courtroom, and the girl's beet skin caused panting in the gallery.Butcher's testimony ended with a photo of a large piece of skin next to the bathtub drain. Several jurors stared at the screen even after the lights in the room had been turned on and the image was no longer visible. "
KOLD News 13 reports:
"According to court records, Osteraas said he did not realize that the bathroom water was so hot.
The researchers said the water was at almost 130 degrees and determined that the burns were not the result of an accident. "
Anticipating the possibility that Devani may testify in court, News 4 Tuscon Reported last week that:
"The Pima County Prosecutor's Office has asked the court to allow the so-called facility dog, a specially trained K-9, to help alleviate the child's stress while testifying against the woman she once called her mom".
On Friday, October 12, Devani took the stand to tell the jury what happened to him.
A burn victim tells Tucson juries that his mother held her in a hot tub
Caitlin Schmidt of the Arizona Daily Star writes:
"A 7-year-old girl who, according to prosecutors in Pima County, was intentionally scalded by her mother, told jurors on Friday that her mother left her in a hot tub and prevented her from leaving.
Before the minor's testimony, his lawyers filed a motion with the Pima County Superior Court judge, James Marner, to clean the audience room of the more than 30 spectators who were in the gallery.
While Marner denied the motion, citing concerns over Osteraas' right to a fair trial and the possibility of a mistrial if public access was limited, he ordered the biological parents and the girl's grandmother, whose rights had been nullified. previously, they were not admitted. The courtroom during his testimony, after the child's therapist and a clinical psychiatrist presented letters detailing the potential harm to the girl.
With a pink and beige striped dress and a pink bow in her hair, the girl took the witness stand and grabbed a stuffed animal during the 20 minutes of interrogation.
The girl told Goodwin that she had been burned "in a hot bath" and that her mother "put her there" and told her that she had to stay before hugging her with a pink towel.
Goodwin asked the boy about the brown shirt he wore under the dress, a medical garment designed to help the scars disappear. The girl said that she had scars on her back, belly and legs.
When Goodwin asked the girl the name of her mother, she quickly responded: "Samantha Osteraas", ending the state's questions. "
According to several news sources, the defense has taken the position that the scald was not intentional and that Samantha Osteraas did not knowingly hurt the child.
Note: the defense that the parents did not cause harm intentionally, even when it is demonstrably true, is generally not accepted in cases involving biological parents.
Child Protective Services routinely take children and condemn biological parents, even when they had no way of knowing or preventing harm to their children.
See the stories of Matthew Marble in Tennessee and Kaya Thomas in South Carolina, who lost their children because of something someone else did. Frequently, other parents are held responsible for broken bones when the child has a medical condition that they had no idea existed. Watch stories.
The trial for Samantha Osteraas is expected to end sometime this week.
The abuse started in foster care, not at home
Devani was originally taken from her home after an argument between her parents that was falsely reported by a vengeful neighbor involving domestic violence. The 2-year-old girl was not even at home at the time, but at her grandmother's house.
However, Arizona social worker Norel Alviti seized the child in his family.
After Michelle Tremor-Calderón provided evidence that the charges were dropped, the social worker insisted that she submit to a drug test based on neighbor's rumors.
Michelle passed easily. She had a drug history of 13 years before, but that had been a long time in the past.
Health Impact News investigated the story of Devani and discovered that the original accusations against the parents were quickly proven unsubstantiated. Although they were fired, DCS kept the child in their custody. As we reported last year:
Without a shred of evidence, social workers were supposedly "concerned" about the possibility that parents could, in the future, do something that would cause harm to their child, so DCS kept Devani in their custody, placing it in a Very real place, and unimaginably horrible, situations of foster care.
It often seems that social workers are willing to go deeper into the biological family history than into the history of the people with whom they place the children in their care.
In Devani's first adoptive home, there were scratches and bruises almost immediately. After Michelle complained, the host left the child in DCS and washed his hands of the situation.
The second situation was much worse. Devani was placed in a home with adoptive parents, one of whom is currently serving a 17-year prison sentence for his prominent role in handling a pornographic pedophile ring outside his home with foster children that DCS placed with him. .
Police discovered a video tape at David Frodsham's home with a little girl screaming for her mother while she was being sexually assaulted.
Devani's mother had been reporting signs that her daughter was being harassed in a foster home, but the social workers and the court-appointed lawyer representing Devani, Thea Gilbert, told the court that the mother was simply "interfering with the placement ".
Instead of recognizing that the woman who gave birth to the girl had the "mother's premonition" that something was terribly wrong, state employees accused Michelle of sabotaging the department's efforts.
DCS looked away when Devani and other adopted children in the house of the horrors of Frodsham showed clear signs of being victims of sexual abuse. It took the federal ICE agency to take David Frodsham to arrest the adopted children in his home as part of his pedophilia ring.
The department refused to return Devani to his parents. DCS terminated the rights of the parents, refusing at all times to allow the child to live with any family member.
From the pan to the fire.
Thea Gilbert, guardian ad Litem, was Devani's lawyer.
Through the years all the terrible abuses happened to him. Source.
DCS then placed Devani with the Osteraas family. Attorney Thea Gilbert had previously argued that David Frodsham should adopt Devani. Gilbert has remained as Devani's Guardian ad Litem throughout the girl's DCS history, and she approved the new placement. Samantha and Justin adopted Devani out of foster care and changed their name.It was after this that Devani's life almost ends after being allegedly imprisoned in a hot tub. Fortunately, Devani is still alive and could testify at the Osteraas trial on Friday about what happened.
We will follow the story and update the readers after the jury makes a decision.
Many times in Health Impact News, we have cited data showing that children are at least 6 times more likely to be raped, abused, abused or killed in foster care than if they had been left in their own homes, even if that home is less than perfectThe story of Devani is a chilling sign of this reality.
Another Arizona Daily Star journalist, Tim Steller, also challenges the instinctive reaction of taking children out of their home "just in case." He wrote this while Devani was still in the hospital after being abused in her foster home:
"We are used to seeing how risky it can be for a child to stay with parents who are not good.
This is because, over and over again, during the last decade, we learned of local children whose families were under the scrutiny of state child welfare agencies, but who ended up being killed by their parents anyway.
They conditioned the public, legislators and child protection workers to react conservatively to avoid death and scandal. Removing children from questionable homes seems to be the safe alternative.
But the story of a 5-year-old girl, still clinging to life at the Banner-University Medical Center and reported on the star Last Sunday by Patty Machelor, it shows that there is another side to these decisions: the risk that life outside the home on the border of a child may be worse than what is inside. " [Emphasis added by HIN.] (Source).
Comment by Terri LaPoint, News of Impact on Health
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