Kansas Attorney General Report in case no. 6:10-cv-01017-MLB-KGG

Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 of 11

EXHIBIT 10


OFFICE OF KANSAS ATTORNEY GENERAL

STEVE SIX

Child Abuse InvestigationCoonsllY.Iontgomery County

CASE UNDER BEVIEW

Status report as of:

March 24, 2009

Camie K. Russell, DirectorAbuse, Neglect & Exploitation Unit

File No. Original Msc. #00088ANE!NY 08-1311


Child Abuse and Neglect InvestigationCoonslMontgomery County ~ ANE INV 08-1311

Summary

A request was submitted to the ANE Unit in mid 2008 asking that actions or inactions byKansas Department of Social and Rehabilitation Services (SRS) be investigated related tothe abuse ofmale five year old CC and death of sibling female infant BC of MontgomeryCounty, Kansas. Alleged in the request was that SRS had failed to properly investigate ortake action to protect the children after multiple reports were made to SRS prior to theinfant's death.

SRS files for November 2007 and January 2008 abuse investigations were reviewed bythe ANE Unit. Additionally, SRS Customer Service file from Central Office wasreviewed. Interviews and/or information requests were completed with applicable partiesfrom SRS, Coffeyville Police, Coffeyville school, Juvenile Intake, medical professionals,maternal grandparents of children CC and BC and other relevant sources.

Maternal grandparents, Mary and Larry Crosetto, played a significant role in caretakingof both children, BC and CC, from the time of their birth, at times filling the role ofprimary caregivers, specifically when mother, Angela Coons was in school. In June 2007the children and mother relocated to Sedgwick County, Wichita Kansas to acco=odatemother's employment. August of 2007 Mary and Larry Crosetto, again, became primarycaretakers ofBC and CC upon the unexpected death ofAngela Coons, their daughter.

September of 2007 infant BC and child CC moved to the home offather Randy Coonsand his live-in girlfriend, Melissa Wells. TIlls move was directly from the home ofmaternal grandparents Mary and Larry Crosetto. Mary and Larry Crosetto continued toprovide direct care at times, primarily on weekends.

SRS and Jaw enforcement officers have the responsibility to receive and investigatereports of child abuse or neglect for the purpose of determining whether the report isvalid and whether action is required to protect a child.

SRS maintains an office in Coffeyville, Kansas. One social worker housed in theCoffeyville office investigates cases of child abuse or neglect that are reported to andassessed by the regional reporting center and assigned by the area supervisor.

11/5/07 an allegation ofphysical abuse was made by the school of CC to the SRSprotection reporting center (PRC).The intake shows 5 year old male child CC as the alleged victim and Melissa Wells asalleged perpetrator.


Review offile shows SRS PRC staff failed tonotetjl~.e~;~;eJ~BrSRSinvolvement relating to the alleged perpetrator when assessmg the report.····· .

The report was screened by the PRC and assigned for investigation.

SRS assigned social worker was Linda Gillen. Gillen is the only licensed bachelor levelsocial worker charged with investigation of child abuse and neglect that is housed in theCoffeyvilJe office. Gillen is currently licensed by Kansas Behavioral Sciences RegulatoryBoard. She has been licensed since 1975. Gillen has been conducting child abuseinvestigations the majority of that time.

Per file review and interviews it was discovered that subsequent to case assignment socialworker Gillen failed to:

• note the history of prior SRS involvement with alleged perpetrator when she wasassigned the report for investigation.

• update face sheet CFS 1000 to include other children in the home or completeSection I or II of Risk Assessment(short form) 2030C during the course of theinvestigation

• take photos of the child to document the injury.

• interview or observe the other children living inthe home at the time.

• request or complete a home visit; the site where the alleged abuse occurred.

• report to ,law enforcement at time of assignment for investigation

• report to law enforcement when Melissa Wells confessed to intentionally hitting5 year old child CC in the face.

• initiate interviews of additional significant caretakers during the course of theinvestigation.

• acknowledge or address additional concerns provided by Larry Crosetto throughhis multiple contacts with Gillen directly

• complete follow up on reports by law enforcement

• follow up or update the safety plan for the family.

Safety plan completed by Gillen listed a begin date of 11/8/07 and end date of 12/04/07Listed agreed upon actions by Randy Coons, and Melissa Wells were that;

I. They would not use physical discipline.2. They would accept FAMLE services.


12/13/07 tile only finding notice found in tile SRS file was sent to Randy Coons and didnot list any name under alleged perpetrator. No notice was in tile file to tile allegedperpetrator listed on tile intake, Melissa Wells. Basis narrative sent with tile finding didstate: "Parent, Randy Coons is responsible for tile supervision and safety of ChristianCoons. Failure ofRandy Coons to follow the safety plan or to allow caretakers ofChristian to be physically abusive coul4 result in a substantiated finding for lack ofsupervision. Randy Coons is to provide for the safety and well-being of Christian Coons100% of the time" Melissa Wells was listed in basis narrative and recommendations forcounseling and parenting classes were also listed.

Melissa Wells admitted to a non-accidental, intentional act which resulted in the mark onthe child's face. Physical abuse allegation was unsubstantiated 12/13/07. Gillen stated itwas "inappropriate discipline"

No further actions were noted in file by SRS/Gillen. Case close date could not positivelybe detennined. Different dates were provided in statements and documentation providedby SRS. Case file documentation and response to Governor's Office documentation botilshow the 11/5/08 case was still open at time of second intake 1/17/08.

1/17/08 a second investigation of alleged child abuse in the same home was reported toSRS by Coffeyville Police directly to tile PRC and was assigned to Linda Gillen.Investigation by Coffeyville Police Department was in process at that time. Femaleinfant, BC, died 1120/08. .

9/17/08 Office of Attorney General Steve Six armounced murder charges were filedagainst Melissa Cynthia Wells in tile death ofBC. Allegations are that Wells shook orbeat BC, ultimately causing her deatil.

Note: Regarding law enforcement actions.While some inconsistencies were found to exist during the course of tile ANEinvestigation tilus far with regard to statements and actions by Coffeyville Police OfficerEd Rutherford surrounding abuse or neglect issues, tile inconsistencies appear to berelated to tile role law enforcement plays in these cases and the fact tilat Mr. Rutilerfordhad limited of knowledge of complaints of abuse or neglect. His view was primarily fromthe criminal perspective regarding alleged drug issues in tile home. He did send a writtenreport and call and leave to a message for Gillen after responding to Dr. Han's office toobserve the child, BC, on 12/24/07. Police and county attorney logs confirrn.Rutilerfordsent tile written report to SRS and to tile juvenile county attorney office. Linda Gillenacknowledges a message was relayed to her regarding a phone call from Coffeyville PO,Ed Rutherford.

The tileme that is consistent witil law enforcement, tile school, the doctor, a daycareprovider and others interviewed to date is that they were under tile impression that SRS/Gillen was investigating and addressing the abuse and neglect concerns in theCoonslWells home.


Following the single meeting between Linda Gillen, Randy COOIl, MelissaWells and CCon 11/7/07, there is no documentation or other information to show there was any furtherinvestigation or acknowledgement by SRS/ Gillen of abuse neglect concerns others reportproviding to her. .Gillen acknowledges she received a message from Coffeyville police officer EdRutherford stating he was going to initiate a PPC. (See interview with Gillen 11/24/08)

Gillen gave conflicting statements with regard to abuse neglect reporting by Larry andMary Crosetto.

• In 1/18/08 notes provided by Detective Diane George Coffeyville PD duringinterview of Gillen with regard to criminal investigation in process the day afterBC was life lined to Tulsa with fatal injuries, Gillen reported a 12/28/08 meetingwith Crosetto's where the Crosetto's alleged Melissa was dangerous and therewere neglect issues.

• During interview of Gillen months later, on 11/24/08 by Carnie Russell, ANEUnit regarding SRS actionS in this case, Gillen denied any abuse or neglectallegations were made during her 12/28/07 meeting with the Crosetto's or duringany of the multiple phone calls to her my Larry Crosetto for the time frame11/5/07 to 1/17/08.

12/24/07 report of suspected abuse sent by mail; letter from Dr Han to Coffeyville SRS.

• Doctor Han confinned there was a letter from him dated 12/24/07 that was sent toCoffeyville SRS. Letter noted concem of abuse, listed marks and bruising,referenced records ofpast mjury, stated police had interviewed Mr. Crosetto thatmorning and requested SRS look into child's environment and provide a reportback to him.

• 11/12/08 telephone conversation with Sue McKenna. Sue stated SRS maintainsthey did not receive 12/24/07 letter from Dr Han. Sue also stated she had seen theletter and that "the letter did not allege abuse" and "thus would not have generatedan intake had it been received."

• 11/24/08 interview: Linda Gillen's supervisor, Brenda Blackard, who is stationedin the Independence office, confirmed that a letter "being about children" wouldhave given to Gillen if the person receiving it knew she had an open case, orwould be sent to the protection reporting center.

• 11/24/08 interview: Blackard stated to me, that her only knowledge of1his letterwas from what she had heard from me. Note: The only previous discussion notedfrom me to SRS regarding the letter is with Suejl1cKenna on 11/12/08 and duringthe interview with Linda Gillen the morning of 11/24/08. I have no recollection ordocumentation of any prior conversation with Brenda Blackard in this regard.


• SRS customer service file contaIDs email to Blackard, Brian Dempsey and TanyaKeys, all of SRS, dated 6/4/08 from Blackard's supervisor, Steve Anderson,stating "I am very concerned about the letter from Dr. Han to Coffeyville SRSapparently not noted or received OUI staff"

ANE File Facts :

5/6/08 Letter from Great Aunt Nancy Golden ofBC and CC was received by ANE UnitLetter alleges SRS Social worker, "Linda Gillen failed to follow through on numerouscomplaints" The aimt was visiting the home and saw the broises on Brook's face and was awarethe grandparents had taken the child to Doctor Han "to report yet another incident of child abuse"The stated she was in the grandparents homes when they returned from a meefJ1lg with SRS onDecember 27 and the grandmother said one other kids was going to have to die before somethingwould be done to remove them from the bomole environment they were living in. She alleges thatBC did not have to die is SRS and the Coffeyville Police had done their jobs. She requested casebe looked into.

5/9/08 File request was made by ANE Unit to Sue McKenna SRS for file on BC

5/12108 ANE Unit responded to Ms Golden's letter, acknowledging we would look into the case.

5/19/08 ANE Received mE from SRS (pLEASE SEE FILE FOR INFORMATION)

5/21/08 Brief was provided to Director of Victim Services, porthy Halley after my very limited review offile; DH indicated she wished to contact MG County attorney Larry Markle (see email dated5121/08)Unlmown by this reporter if contact to Larry Markle was completed.

5/21/08 Phone call from Sue McKenna reqnested a duplicate of the 1/17/08 file for BC. The file centraloffice received by ANE Unit on 5/19/08; Central office SRS had not kept a copy whemt careethrough from the local office.

5/22/08 Copy completed and sent to SRS Central Office

5/30/08 Tt Sue McKenna and requested the following items by phone:• missing email chain (Later notified by Sue that they had"not been retained and cannot be retrieved)• Documentation from meeting between Linda Gillen and lvir. and lvfrs. Crosetto on :pee 27 at

Coffeyville SRS (this has never been determined to exist..and meeting date was determined 0 beDec 28)

• Documentation c/o intake from missing intake for report by Dr. Han on 12/24/08 (SRS deniesknowledge ofreceiving such this letter)

Sue indicated Tonya Keys and Brian Demspey wished to review file and look into further.Follow up scheduled ...

8/21/08 no results from SRS, Nola Wright AAG is reviewing for possible charges.

9/11/08 SRS contacts our office to provide notice ofletter being sent to Larry Crosetto by Brian Demspey,Deputy Director with SRS. Letter spoke of an exhaustive review, limited to SRS information. Noresults ofthe review were provided to Mr. Crosetto, or to this office.


9111/08 Nola expects case will result in charges ... still under furilier investigation. Nola ok's furilier inquiryBy ANE Unit at this time. ANE Unit requested 8RS look further into missing information.

9/11/08 Sue McKenna requested an ADDmONAL copy of their file tlJey provided us on 5/19/08 whichwe copied and provided to them once prior, on 5/22108. It was copied and delivered the sarue day

9117/08 Office of Attorney General Steve Six announced murder charges were filed against MelissaCynthia Wells in the death of Be. Allegations are that Wells sbook or beat BC, ultimately causing herdeath. Nola Wright, AAG

9/22/08 Follow up call was made to Great Aunt ofNancy Golden: (log in ANE file dated 9/22108)

10/08 Reviewed some documentation from ongoing criminal investigation: see ANE file for actualdocumentation reviewed

10/8/08 Telepbone interview witb Larry Crosetto (see ANE file log 10/8/08)

10128/08 Request to Sue McKenna SRS for all information known to SRS relating to BC 1/17/08 intake~d investigation.

1117108 Requested and received employee information for Coffeyville SRS staff for week after Christmasin 2007.

11110/08 Received SRS Central Office Customer Service File. Bulk of file consisted of informationprovided to SRS by Larry Crosetto~ list by Michele Ponce) unanswered questions list, and someSRS response to the Governor's office where the answers appeared to be in regard to differentquestions than were being asked. (See file for complete information, including copy ofletter fromDr Han that was included in Larry Crosetto's infonnation to SRS)

11112/08 telephone conversation with Sue McKeD11a. This is SRS fin;t acknowledgment SRS knew ofLetter from Dr Han at any point. It followed our request for the SRS customer service file where acopy had been provided by Larry Crosetto earlier in 2008. During 11112/08 telepbone call SueMcKenna stated SRS maintains they did not receive the 12/24/07 letter directly from Dr Han. Suealso stated she read the letter and that <'the letter did not allege abuse" and '<fuus would not have

. generated an intake had it been received." (See ANE log 11/12108)

11/12/084:18 PM ANE Unit requested CD ofpictures ofBC and CC and audio recording alleged to havebeen done ofmeeting between Crosetto's and Linda Gillen on 12/28/07. Approximately onebour later 11/12/08 5:23 PM email was sent from Sue McKenna stating Linda Gillen's supervisorspoke to her and she did not record any ofher conversations with the Crosetto's.

11118/08 ANE Unit requested file for 11/5/07 intake regarding CC as the vietim. There was not anacknowledgment by SRS in any prior request that this case would relate to sibling BC's case eventhough ce's case still showed open at the time Be's repolt came in to them,

11/19/08 Request and received some background information regarding Melissa Wells. Wells wasin's;atecustody as a youth. SRS social worker ofrecord, Linda Gillen. Youth was emancipated on 2/1112000 byJUdge Russell D Canaday who was also the Judge for her CINC case. (Multiple social workers in MGcounty, including Linda Gillene stated emancipation from state custody nearly unheerd of to occur in MGCounty. In interview 11124/08 Gillen stated sbe could not recall why it occurred in the case of MelissaWells)

11121/08 Carnie Russell, ANE Unit, picked up intake 11/5/07 file at Independence SRS

1112 Jl08 Carnie Russell, ANE Unit met with Larry and Mary Crosetto at their home in Coffeyville


Fanlily first shared that they had first known Gillen when she was assigi:led to do a home study for theiradoption. of infant Angela Coons, mother oiBe and CC. Gillen had been very slow in completing andwhen Judge got finn with her in court she then completed the study and gave a negative recommendationfor the Crosetto's. :Mr. Crosettos said when the Judge overlooked her recommendation she was not happy.During the interview Mary and Larry Crosetto stated that Linda Gillen taped record the meeting on12/2&108. Mary described the recorder as being gray and approximately 5 inches long and 2- 3 inches wide.They hoth stated it was turned off at one point, to be "offthe record".Larry Crosetto sbted that Ed Rutherford told him just days prior to BC's death that he had spoken to LindaGillen and "they were working with the county attorney, Daylene Walls."Mr. Crosetto also stated that Michele Ponce had verified very contact in the notes"he documented.(Complete notes inANE file)

11/24108 Complete interview with Linda Gillen, Coffeyville SRS, by Canlie Russell, ttanscribed by JanieJones Please refer to complete transcript.

11124108 Complete interview with Brende Blackard, Independence SRS, by Carnie Russell, transcribed byJanie Jones Please refer to complete transcript.

11125108 Det. George provided Canlie Russell, ANE Unit notes taken in an interview with Gillen onlll&i08 (See ANE File)

Also Dei. George stated she wished she had recorded the interaction that same day when LindaGillen and Larry Crosetto were both in her office. They argued, George stating "They hadobviously had considernble interaction prior, they were arguing, 1 should have turned on arecorder'Det. George advised Coffeyville PD was neVer advised of incident 1115/07 regarding CC, "shouldhave been" she stated.

11125108 Statement of Ed Rutherford, Coffeyville PD taken by Canlie Russell, ANE Unit at office ofCoffeyville City Attorney, Paul Crietz. Mr. Crietz also present.On December 24'" Coffeyville police officer, Ed Rutherford responded to a call from Dr. Han'soffice where be met with Dr. Han, the grandfather, and the infant female BC. SubsequentlyOfficer Rutherford left a telephone message at SRS. His written report is also logged as going toSRS and the Montgomery County Juvenile Attorney. Montgomery County Juvenile Attorneyacknowledges receipt of Officer Rutherford's report SRS does not acknowledge receipt ofthisreport.Ed Rutherford stated he left his after the 12124108 response to Dr. Hans with a telephone call first.Left a message with Mindy Browning at SRS.Rutherford stated he met with Mr. Crosetto and BC in Dr Hans office 12/24108He was not sure who had called the police, Crosetto or Han.Rutherford stated he was not notified ofthe 11/5107 incident involving CC.(See ANE file for complete notes)

11/25108 Canlie Russell spoke with Duane Powell at JJA Arco Building, Independence Kansas . WhenLinde Gillen did 1115/07 investigation, he was present for interview with CC. This was done atschool where he was employed at that time. CC did not seem scared or unhappy. Mr Powell wasunsure Unsme ifpictures were taken, did not think they were.

1213/08 Requested confirmation from MG Juvenile attorney ofpolice report from Ed Rutherford forresponse to Dr Han's office on 12124/08.

1219108 Andy Bauch request Logs on behalfof ANE for outgoing reports from Coffeyville PD Coffeyville PD mailed sarne dey (in file)

12111/08 Request fax logs from SRS for the Coffeyville Office - 12/16108 SRS responde<i- not available


12/l2/08 MG County Juvenile Attorney office coDiinned report 07-17003 was logged in at their office onlIIO/08. Coffeyville PD log shows it was sent lI3/08. Copy ofreport # 07-17003 was enclosed.

The enclosed copy from MG CA showed a fax date from Coffeyville PD of8/18/08 (This wasabout the same tiine Nola Wright, AAG began making calls to their office for her case)

12/11/08 Request information to obtain home study Crosetto's said was completed by Gillen -notavailable through SRS to date. Have not requested this from Mr. Crosetto. Linda Gillendenied talking tothem when they were in fue actual process ofadopting. (See interview dated 11/24/08 in ANE File)

12115/08 Request school records surrouruling abuse allegation.12/21108 file from school received; file contained note from Randy Coons to school just days prior to theNovember report of abuse to CC. The note was asking to be informed of any problems with CC promptlyso "he can be properly punished." The note went on to say fuey could punish !rim iffuey knew about it "thesame day that he's done the crime"(See ANE file for other documentation)

J/21109 Follow up contact with Larry Crosetto - advised !rim there are some delays in completing theinvestigation to avoid any conflict with the criminal case.

Mr. Croserto advised Coffeyville newspaper wants to do a story. I let !rim know that AshleyAnstaett would be the contact in the AG's office.

Additional notes:

F'rorii-k~ns~B'cliivi'or~l

S(,:ie~'~es R~gulatory'B6ar~

Gillen, i:.:ini:J;iiJ.Name: Linda D. Gillen

Residence: COFFE"YVILLE

License No: 0552

License Type: Licensed Bachelor Social Worker

Exp. Date: 12/31/2009

Original License Date: 07/17/l975


ultimately causing her death. Wells was charged with first degree felony murder and childa use. .----------- -- ---~~- - ---- --- -------------.~-- ~-_.~--------~----These are only allegations and Wells will be presumed innocent until proven otherwise in acourt oflaw., - .

SRS PPM 2502 Allowable Case Findings

The following acts by a perpetrator potentially indicate the perpetrator poses a danger tochiidren and may result in a substantiated case finding.

Any non-accidental or intentional act or failure to act toward a child which:

• Results in death or physical injury. Physical injury could include, but is notlimited to; fractures, bruises on child's face, head, abdomen, bruises of differentshades indicating a pattern of abuse, bruises with distinct shapes indicating use ofobjects (belt, cords, whips, sticks), injury requiring medical care, burns, injuryresulting in severe or prolonged pain, injury which interferes with normal activity,multiple significant injuries.

Kansas Attorney General Report in case no. 6:10-cv-01017-MLB-KGG

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