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BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME

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BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME Empty BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME

Post by mom_in_il Thu Aug 30, 2012 3:53 pm

Death Of Clinton Infant Being Called A Homicide

by Rob Poindexter  
August 29th 2012 08:03pm

Maine State Police are now calling the death of an infant in Fairfield last month a homicide.

The baby died while in the care of a babysitter.

On the night of July 7th, paramedics were called to a Fairfield home where 3-month-old Brooklyn Foss-Greenaway was found unresponsive and not breathing. The baby later died at a local hospital. State Police are called in to investigate anytime a child under the age of 3 dies. "In this case there was some warning signs that we thought very early on," said Department of Public Safety Spokesman Steve McCausland. "The medical examiners have confirmed that and obviously the case now has been declared a homicide."

State Police are releasing very few details surrounding the death of little Brooklyn. "All we're saying at this point is a homicide," McCausland said. "The cause of death is being withheld as the medical examiner continue to work on that aspect."

The baby's mother, Nicole Greenaway of Clinton, told police she left her daughter with 30-year-old Amanda Huard of Fairfield, a friend and co-worker.

Sometime during the course of that night, someone in the house found the baby not breathing. The morning after, this was posted on Huard's Facebook. "My friend's three month old daughter stopped breathing in her sleep last night. I'm devastated that I didn't realize it soon enough for the CPR to work."

Meanwhile, on the mother's Facebook page, it is claimed someone who was in the house that night is responsible for her daughter's death. "Brooklyn Grace Foss-Greenaway we miss you and we love you so much. We will get justice for you."

"Obviously, we have grieving parents which is perfectly understandable," McCausland said. "We have been trying to work with them and get the answers we need to move this case forward."

State Police will only say that so far everyone has been cooperative and their investigation continues. "Without specifically mentioning who we have talked to and we haven't, we've talked to a number of people, gathered a great deal of information," McCausland said. "We're obviously working with the medical examiner on that aspect of the case, and now we move forward with more work to do as we find the answers as to why this little girl died."

We tried to contact Nicole Greenaway, but as of now she has not returned our calls.

http://www.wabi.tv/news/32973/death-of-clinton-infant-being-called-a-homicide


Last edited by mom_in_il on Tue May 27, 2014 6:02 pm; edited 3 times in total
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BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME Empty Re: BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME

Post by babyjustice Fri Aug 31, 2012 11:41 am

Maine Mom Blames Sitter, Too, for Baby's Death

By DAVID SHARP Associated Press

PORTLAND, Maine August 31, 2012 (AP)

The mother of a baby allegedly killed by a 10-year-old Maine girl says she is glad the girl is charged but says the girl's mother, who was watching the baby, is really the one who needs to be held responsible.

The girl was charged Thursday with manslaughter in the death of 3-month-old Brooklyn Foss-Greenaway of Clinton, whose mother said had ingested medication and been suffocated.

The girl, who is not being identified, is the youngest person to be charged with manslaughter in Maine in at least 25 years. She is due in juvenile court in October.

Brooklyn's mother, Nicole "Nicki" Greenaway, said the 10-year-old was the baby sitter's daughter. Authorities told Greenaway her baby had ingested medication to treat attention-deficit disorder and been suffocated, she said, adding that she also saw bruises on her baby's body.

"I feel a little bit of relief that they're charging her (the sitter's) daughter at this point, but the mom really needs to be responsible. She's the one I left my daughter with," Greenaway said.

Brooklyn was in the baby sitter's care overnight in nearby Fairfield. The sitter called police early July 8 to report that the infant was not breathing, authorities said. Emergency workers who arrived minutes later reported the child was unresponsive.

Greenaway said that the 10-year-old had changed her baby's diaper in the past, but that she had told the sitter an adult needed to be present at all times. Instead, the infant, who was reportedly fussy that night, was sleeping in a portable crib in the same room as the 10-year-old, Greenaway said.

When Greenaway finally saw her daughter at a funeral home, the infant had a black eye, bruises on the bridge of her nose and marks that looked like fingerprints on her cheeks, she said.

Stephen McCausland, spokesman for the Maine Department of Public Safety, said he couldn't comment on whether charges could be brought against the sitter.

A person who answered the phone at a listing for the sitter said Thursday evening that she was not available. The Associated Press is not naming the sitter because it could make known the juvenile suspect's identity.

In Maine, the death of any child under age 3 triggers an automatic investigation. McCausland said detectives uncovered some "troubling signs" before the state medical examiner declared the baby's death a homicide Wednesday. Investigators would not provide further details on the cause of death.

The 10-year-old girl was in the custody of the Maine Department of Health and Human Services when a summons was delivered to her attorney on Thursday, McCausland said.

Her attorney didn't immediately return a call from the AP.

The charge was filed after detectives consulted with the attorney general's office, which determined manslaughter was most appropriate, said spokeswoman Brenda Kielty.

Unlike murder, which generally involves an intentional act, manslaughter charges are brought when a homicide is caused by reckless actions or criminal negligence. The charge is extremely unusual because of the defendant's age.

Maine doesn't have data on the youngest person ever to be charged in a homicide in the state, Kielty said. But it has been at least 25 years — and possibly longer — since someone so young has been charged with manslaughter or murder in Maine, officials said.

Nonetheless, such cases aren't unprecedented.

In January, a 10-year-old was taken into custody after a 12-year-old was stabbed to death in El Cajon, Calif. And a Florida boy was convicted in 2001 of killing a 6-year-old playmate when he was 12.

http://abcnews.go.com/US/wireStory/girl-10-charged-manslaughter-maine-17118618

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Post by mom_in_il Wed Sep 05, 2012 3:37 pm

Mother of slain infant demands more charges
10-year-old charged with manslaughter

UPDATED 8:54 PM EDT Aug 31, 2012

FAIRFIELD, Maine — The mother of a 3-month-old girl who police say was killed by her baby sitter's 10-year-old daughter is demanding more charges.

Earlier this week, investigators announced the death of Brooklyn Foss-Greenaway in July was a homicide.

Police said the infant died while being watched by Amanda Huard.

On Thursday, Maine State Police charged the Huard's 10-year-old daughter with manslaughter.

However, the infant's mother, Nicki Foss-Greenaway, said others need to be held accountable for her daughter's death.

"It gets you a little bit of relief knowing that finally they are...someone is responsible. But they're not making everyone that needs to be responsible for it," said Greenaway.

Assistant Attorney General Andrew Benson is the lead prosecutor in the case. He said it is too soon to talk about additional charges in the baby's death.

"Obviously I'm not going to speculate about exactly who might be charged in connection with the case. But I can tell you my office is reviewing all of the evidence in the case to determine whether any other charges are appropriate," said Benson.

It won't be until the second week of October before more information is released about the case, said Benson.

That is when the Attorney General's Office will submit a juvenile petition with the courts that will spell out the charges and the 10-year-old will be named.

State police have said the 10-year-old is the youngest person in Maine to be charged with manslaughter in at least 25 years.

Legal experts said the case is rare and shocking.

Defense attorney Jonathan Berry, who has represented juveniles charged with serious crimes said there could be several outcomes to this case.

Berry said in the juvenile system the accused is analyzed to determine if he or she will be tried as an adult, stay in foster care or be sent to a juvenile corrections center.

"The purposes of the juvenile system as a whole is very different. Its to rehabilitate," said Berry.

According to the Department of Corrections said Maine has two juvenile corrections facilities and said a child has to be 11 to be sent there.

The 10-year-old is schedule to appear in court on Oct. 22.

Police said she is in the custody of the Department of Health and Human Services.

News 8 tried to reach out to Huard's lawyer for comment, but our phone calls were not returned.

Read more: http://www.wmtw.com/news/maine/central/Mother-of-slain-infant-demands-more-charges/-/8791976/16448538/-/d7dwesz/-/index.html#ixzz25bsxUefM
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Post by mom_in_il Wed Sep 05, 2012 3:43 pm

Ten-year-old unlikely to face trial, lawyers say
Prosecutors may pursue the case in the courts to remain involved in what happens to the child.

September 1
By Beth Quimby bquimby@mainetoday.com

Juvenile defense lawyers say it would be highly unlikely for a 10-year-old girl to be found competent to stand trial in a Maine juvenile proceeding and virtually impossible for a 10-year-old to be found competent to stand trial in adult court.

"This is uncharted waters. It is a very odd case," said Walter McKee, an Augusta trial lawyer.

The girl, now in the custody of the Maine Department of Health and Human Services, was charged Thursday in the death of Brooklyn Foss-Greenaway. The baby's mother, Nicole Greenaway of Clinton, said she left her daughter overnight in the care of the girl's mother, Amanda Huard of Fairfield, on July 8. No charges have been filed against Huard.

Juvenile law experts said that when a police report is filed against a juvenile, the matter typically goes to a juvenile community corrections officer, who determines whether the case should be diverted from the court system to a mental health counselor or community service program.

But the district attorney can decide to go ahead and prosecute the case, said Edwin "Ned" Chester, a Portland juvenile defense lawyer.

Chester said prosecutors may have decided to pursue the case in the courts, rather than diverting it to DHHS, in order to remain involved in what happens to the 10-year-old. Unlike adult court, which seeks to punish criminals, the juvenile system is set up to balance the interests of protecting the community and the welfare of the child, he said.

"This is the only way the district attorney can have any significant input into the process," he said.

Chester said the state's move will trigger an evaluation by forensic services to determine whether the child is competent to stand trial either as a juvenile or an adult. Chester and McKee said it is highly unlikely that a 10-year-old would ever be declared competent to stand trial as an adult.

"Usually you are having this discussion around children who are 14, 15 or 16," McKee said.

In the past year, the Maine juvenile code was amended to account for chronological immaturity, which means that sheer youthfulness must be considered in assessing competency.

Under Maine law, in order to be found competent to stand trail in a juvenile proceeding, the juvenile must meet a long list of criteria, such as having a rational and factual understanding of the proceedings, an ability to consult with legal counsel with a reasonable degree of rational understanding, have a factual understanding of the role of the judge, defense counsel, attorney for the state and mental health experts, appreciate how possible dispositions imposed in the proceedings will affect the juvenile and display logical and autonomous decision-making.

"There is a lot of discussion about the adolescent brain development because people recognize that the adolescent brain is very different from an adult's. But we are not even talking about adolescent, we are talking about prepubescent," McKee said.

He said the vast majority of hearings to decide whether a juvenile should be tried as an adult result in a decision to proceed through the juvenile system.

http://www.pressherald.com/news/ten-year-old-unlikely-to-face-trial-lawyers-say_2012-09-01.html
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Post by mom_in_il Wed Sep 05, 2012 3:58 pm

Former housemate says 10-year-old injured another baby in June
Ashley Tenney says her 8-month-old daughter suffered seizures and was hospitalized after being alone with the girl who was charged with manslaughter in the July death of an infant.

September 1
By Matt Hongoltz-Hetling MHongoltzHetling@mainetoday.com

FAIRFIELD — A 10-year-old girl charged with manslaughter in the July 8 death of an infant from Clinton nearly caused the death of another baby in mid-June, according to that child's parents.

Ashley Tenney and Chad Hopkins say their daughter, Jaylynn, who was then 8 months old, suffered a seizure and was hospitalized for two days after doctors found medication in her system that is taken by the 10-year-old girl, who had been left alone with the baby.

Given the amount of medication in her system, Tenney said Friday, Jaylynn "should have been dead."

The couple said the incident occurred June 19, when they were living in the basement of a home on Center Road in Fairfield with Amanda Huard and her two children, including the 10-year-old girl.

Maine State Police charged the girl with manslaughter last week after an investigation into the July 8 death of 3-month-old Brooklyn Foss-Greenaway of Clinton. The infant girl's mother had left her and her 2-year-old sister in Huard's care the previous day for an overnight stay.

Huard, 30, has not been charged with a criminal offense, and authorities have refused to say whether they intend to bring charges against anyone other than her 10-year-old daughter.

Huard could not be reached for comment.

The Department of Health and Human Services issued a notice to Huard on Aug. 10, saying an agency review of the July 8 death showed that she had neglected the 3-month-old who was left in her care.

"Brooklyn Foss-Greenaway has died as a result of your neglect," said the notice, which was signed by a caseworker in the agency's Office of Child and Family Services, Christopher D. Filteau.

According to the notice, Huard's 10-year-old daughter suffers from significant behavioral problems, and it contends that Huard has failed to follow through on the required treatment. That treatment includes ensuring that the girl was taking medications for attention deficit hyperactivity disorder, oppositional defiant disorder and attachment disorder.

The notice also says: "You knew that (the 10-year-old) should not be babysitting children but have continued to allow her to do so." The notice does not explain why the girl should not be babysitting, so it is unclear whether that is a reference to the earlier incident with Tenney's child.

Steve McCausland, spokesman for the Maine Department of Public Safety, said Friday he had no information about the June 19 incident involving Tenney's baby.

Assistant Attorney General William Stokes has declined requests for comment on the case. He said he has directed DHHS not to release any information about alleged abuse or neglect that could affect the criminal case against the 10-year-old, which he said is done routinely in homicide cases.

The DHHS notice to Huard was provided to MaineToday Media, which publishes the Kennebec Journal, the Morning Sentinel, the Maine Sunday Telegram and The Portland Press Herald, by the mother of the Brooklyn Foss-Greenaway, the infant who died on July 8.

Nicole Greenaway, 36, said she received a copy of the notice in the mail from DHHS.

Tenney, the former roommate of Huard's who said her own daughter was given medication by the 10-year-old girl, gave an account of the incident in an interview Friday.

She said she came home from work on the evening of June 19 to find that her daughter, Jaylynn, was pale, sweating, and listless.

"She was soaked in sweat -- just drenched," said Tenney, 20. "She was so pale. Whiter than a sheet of paper."

The baby had spent time alone with the 10-year-old, said Hopkins, the baby's father and the only adult in the house at the time.

Tenney and Hopkins rushed the baby to the emergency room at MaineGeneral Medical Center in Waterville after she had what Tenney called a seizure.

"She was on her father's lap, and her head just dropped back, and she rapidly started shaking," Tenney said. "The first one lasted like 20 seconds."

At the hospital, doctors tried to treat her with anti-seizure medications, Tenney said, but the drugs didn't help. Jaylynn was acting strangely, Tenney said, and the doctors couldn't say exactly why.

"If her head went to the left her arm went to the right and vice versa," she said. "Her heart rate was high and they were worried and didn't know what to do for her."

After consultations with other physicians in Portland, Bangor, and Boston, Tenney said, Jaylynn was transferred to Maine Medical Center in Portland shortly after midnight.

Staff members at Maine Medical Center said Saturday they could not confirm the visit without violating patient privacy rights.

According to Tenney and Hopkins, doctors asked her what types of medications were in Huard's house. When Tenney mentioned a medication for attention deficit hyperactivity disorder used by the 10-year-old, doctors asked her what the drug was.

Tenney didn't know, so Hopkins said he texted the question to Huard, who texted back the name of the medication. The doctors then confirmed that the same drug was in Jaylynn's system, according to Tenney and Hopkins.

Nicole Greenaway, the mother of Brooklyn Foss-Greenaway, has said that state police told her the same medication was found in Brooklyn's system after she died.

Tenney said "there wasn't any way" that Jaylynn could have ingested the medication on her own. Tenney said that Jaylynn was fortunate to survive the incident and leave the hospital two days later.

Tenney said she and the 10-year-old were interviewed June 23 by workers with the DHHS Office of Child and Family Services, and that Hopkins and Huard were interviewed during the week of June 25. About 10 days before Brooklyn's death, Tenney said, all four people were told that they were not to leave young children in the 10-year-old's care.

She produced a "safety assessment and planning form" in an envelope from DHHS postmarked July 20 and addressed to her, that states, "Jaylynn ingested amphetamines" as an item under the heading "Past Harm, Future Danger, and Complicating Factors."

According to the form, in order for the office to close the case on the incident, the 10-year-old "will not have any contact with Jaylynn."

Tenney said she started looking for a new place to live after the incident and moved out with help from family members on July 9, the day after 3-month-old Brooklyn Foss-Greenaway died.

Tenney said in a previous interview that on the night of Brooklyn's death, she and Huard were downstairs in Huard's house while the 10-year-old was upstairs in the bedroom with the baby. She said she fell asleep about 11 p.m. but woke up at 1:30 a.m. to hear crying, footsteps pounding on the stairs and someone uttering the word "dead."

Tenney said Friday that she never discouraged Brooklyn's mother, Nicole Greenaway, from bringing Brooklyn and her sister to the Huard house because she thought that Huard had told Greenaway about the incident involving Jaylynn. Tenney said she considered it was Greenaway's decision to make.

Greenaway said Friday that she knew Jaylynn had been in the hospital, but she didn't know details that would have given her cause to worry.

"I had heard about the incident with the baby," Greenaway said. "Amanda (Huard, the 10-year-old's mother) didn't tell us everything that happened."

Greenaway has said she holds Huard responsible for her child Brooklyn's death.

Tenney and Hopkins said they had lived in the Huard home for only a couple of months before their daughter, Jaylynn, went to the emergency room.

During that time, Tenney said, the 10-year-old usually seemed to have a healthy interest in Jaylynn and Brooklyn, offering to change diapers or help with bathing.

"I had a lot of trust in her," she said.

However, Tenney said the 10-year-old also seemed angry and possessive at times, or complained about no longer getting as much attention as she did before Tenney moved in with Jaylynn.

"She had so much anger," Tenney said. "She would get mad and just flip stuff over."

In the first week of July, Tenney said, she found a canvas bag filled with her daughter's clothing in a drawer in the 10-year-old's room. The bag also contained more than 100 photographs of Jaylynn, some of which had been torn and damaged.

Others had scrapbook stickers on them that said things like "my baby girl," Tenney said.

The 10-year-old's behavioral problems, according to the notice DHHS sent to her mother, include oppositional defiant disorder. That is a condition which can be characterized by "a persistent pattern of tantrums, arguing, and angry or disruptive behavior toward" authority figures, according to a fact sheet posted on the website of the Mayo Clinic.

The DHHS notice also said that the 10-year-old suffers from attachment disorder. Children with that condition, according to the clinic fact sheet, are typically neglected, abused or orphaned; and the developing brain may be permanently altered.

The disorder happens, the fact sheet says, "because the child's basic needs for comfort, affection and nurturing aren't met and loving, caring attachments with others are never established."

http://www.kjonline.com/news/Former-housemate-says-10-year-old-injured-another-baby-in-June.html
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Post by mom_in_il Wed Sep 12, 2012 3:28 pm

Girl, 10, Charged with Manslaughter in Baby's Death

By Jeff Truesdell
09/11/2012 at 06:10 PM EDT

It's every parent's nightmare: Nicole Greenaway left her 3-month-old daughter with a babysitter overnight. Around 1:45 in the morning, she received a call saying the baby wasn't breathing. Doctors later pronounced the child dead.

How did this happen? In a shocking twist to a tragic tale, prosecutors are blaming her death on another child – the babysitter's 10-year-old daughter.

The unnamed older girl now faces manslaughter charges in the death of little Brooklyn Foss-Greenaway. The case is generating controversy and tough questions about blame, who should decide the outcome – the criminal courts or mental health experts – and whether the young defendant can even be judged competent to stand trial.

"We are not even talking adolescent. We are talking prepubescent," attorney Walter McKee, who is not involved in the case, tells the local newspaper Maine Today.

Trust and Death

Greenaway had previously trusted a co-worker, Amanda Huard, to babysit her kids, and did so again when she left Brooklyn and her 2-year-old sister at Huard's Fairfield, Maine, home overnight in July. But Greenaway says she did not want the sitter's daughter put in charge of the baby.

"My concern was that she was only 10," Greenaway tells the Maine Sun Journal. "She did like to hold her a lot, feed her, change her diapers and stuff, and I was fine with that, as long as she wasn't left alone."

But according to Greenaway, the sitter broke that trust, placing the baby's playpen bassinet in the older girl's room for the night.

Girl, 10, Charged with Manslaughter in Baby's Death| True Crime, Real People Stories

After the frantic call from Huard saying that Brooklyn wasn't breathing, the race to the hospital ended with doctors telling Greenaway her daughter didn't survive. Later, the medical examiner ruled Brooklyn's death was caused by suffocation, her mother was told. Greenaway also says she could see a black eye and bruises on Brooklyn's face.

Greenaway also was told that toxicology tests revealed evidence of amphetamines in her daughter's system that matched the 10-year-old girl's medication for attention deficit disorder.

A Shocking Decision


Seven weeks later, on Aug. 30, prosecutors stunned many observers in announcing that the 10-year-old was charged with manslaughter. The girl, currently in state custody, is due in court in October. If found guilty as a juvenile she could face an 11-year sentence until she's 21.

The girl's attorney, John Martin, declined comment. "Given the nature of the case, I may remain quite close-lipped," he tells the Morning Sentinel.

Huard herself has not been charged, and has not commented. But Nicole Greenaway believes Huard is at fault. Huard also has been reprimanded by a state Department of Health and Human Services caseworker who wrote that Brooklyn "died as a result of your neglect."

That Aug. 10 report says Huard knew her daughter had "significant behavioral problems," did not remove a "screaming" Brooklyn from her daughter's care, and states the 10-year-old was not taking medication properly and "should not be babysitting children," the Bangor Daily News reports.

"She needs to understand that she didn't do everything she could to prevent it," says Greenaway, in the Sun Journal interview. " She didn't check on her. She left her with a 10-year-old."

http://www.people.com/people/article/0,,20628597,00.html
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Post by mom_in_il Mon Sep 24, 2012 7:08 pm

'She's the one I left my daughter with': Woman whose baby was 'poisoned and suffocated' by 10-year-old blames girl's mother who was babysitting for infant's death

Posted by Kats Tuesday, September 18, 2012 at 8:54 PM

By MIKE JACCARINO and DAILY MAIL REPORTER

PUBA woman whose three-month-old daughter was allegedly poisoned and suffocated by a 10-year-old girl has blamed the child's mother, who was babysitting at the time, for the infant's death.

The elementary school student, from Fairfield, Maine, was charged with manslaughter yesterday after allegedly feeding Brooklyn Foss-Greenaway her attention-deficit disorder medication then smothering her, leaving her black and blue on July 8.

But Nicki Greenaway has hit out at the girl's mother -- a work colleague -- who she said was specifically told not to leave her baby daughter alone with the 10-year-old.

Read more: http://www.dailymail.co.uk/news/article-2196516/Brooklyn-Foss-Greenaway-Nicki-Greenaway-baby-poisoned-suffocated-10-year-old-blames-girls-mother-infants-death-babysitting.html
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BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME Empty BROOKLYN FOSS-GREENAWAY - 3 months - (7/2012) /Charged: Unnamed 10 yo girl - Clinton ME

Post by twinkletoes Tue Oct 23, 2012 1:03 am

11-year-old girl, Maine’s youngest to be charged with homicide in at least 30 years, in court over death of 3-month-old baby


Girl who was 10 at the time of infant Brooklyn Foss-Greenaway’s death
entered a plea of ‘no answer’ in Court on Monday. The state opted not to
try her as an adult.



THE ASSOCIATED PRESS


Monday, October 22, 2012, 11:18 AM



BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME Maine23n-2-web
Nicole Greenaway/ASSOCIATED PRESS

3-month-old
daughter, Brooklyn Foss-Greenaway, of Clinton, Maine, died while in a
babysitter's care on July 8, 2012. A 10-year-old daughter of the
caregiver was charged in the infant's death.



SKOWHEGAN, Maine -- 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 was charged at age 10 with juvenile
manslaughter over the summer 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 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.

The girl's mother called police early on July 8 to report that the infant
was not breathing, authorities said. The infant, who was reportedly
fussy, was sleeping in a portable crib in the 10-year-old's bedroom that
night, said the infant's mother, Nicole "Nicki" Greenaway of Clinton.

The state hasn't released the cause of death, but Greenaway was told that her daughter ingested medication and was suffocated.

"They both need to go to jail," Greenaway told WZON radio before the hearing
got under way Monday. "The need to wake up every morning and look at
those bars and realize what they did."

The Maine Department of
Health and Human Services, which removed the young suspect from the
home, faulted the baby sitter for leaving the infant in the room with
the girl. In a letter, an agency case worker said the 10-year-old had a
behavior disorder that made her unsuitable for caring for the infant.

The Associated Press generally does not identify juveniles accused of crimes.

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

LaVerdiere issued a special order warning that no recording device of any type was allowed in the courtroom Monday.

www.cbsnews.com/.../ten-year-old-girl-accused-of-causing-infant-br...
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Post by mom_in_il Fri May 16, 2014 7:33 pm

Plea deal for 12-year-old Maine girl charged in baby’s death angers infant’s mother

By Nok-Noi Ricker, BDN Staff
Posted May 15, 2014, at 10:47 a.m.
Last modified May 15, 2014, at 5:36 p.m.

FAIRFIELD, Maine — A prosecutor’s proposal to dismiss a manslaughter charge against a 12-year-old girl in connection with the death of a 3-month-old nearly two years ago as part of a plea agreement is not sitting well with the infant’s mother.

The Fairfield girl, whom the Bangor Daily News is not naming because she is a juvenile, was 10 years old when charged with reckless or criminally negligent manslaughter in the death of Brooklyn Foss-Greenaway on July 8, 2012.

Brooklyn’s mother, Nicole Foss-Greenaway of Clinton, is upset with the plea agreement and expressed her concerns to Assistant Attorney General William Stokes on Wednesday when he contacted her to give her the details, she posted on her Facebook page.

The girl — the youngest in the state to face a manslaughter charge in recent history — will be charged with a misdemeanor and be subject to long-term supervision and counseling in exchange for dismissal of the felony charge, Stokes said Thursday.

“I don’t know what to think or what to do or what to say,” Greenaway wrote, having given the Bangor Daily News permission Thursday to reprint her Facebook statement. “My heart feels like all the broken pieces have broken into more pieces. I don’t think I can ever get put back together.”

She said she “flooded” Stokes with questions.

“Did I like all the answers? NO I DID NOT,” the baby’s grieving mother posted. “Is there anything I can do about it? NOPE THERE IS NOT! I am so [expletive angry].”

Greenaway said she will be at the courthouse next week when the girl goes before a judge regarding the proposed plea agreement.

“The top goal was always to get this girl the treatment and counseling she needs,” said Stokes, who leads the criminal investigative division of the attorney general’s office. “The idea was never to incarcerate her.”

The girl made her initial appearance in Skowhegan District Court on Oct. 22, 2012, and was deemed not competent to stand trial for the felony charge in March 2013.

John Martin of Skowhegan is the girl’s attorney. A message seeking comment from Martin on Thursday was not returned.

The girl is scheduled to appear Wednesday, May 21, in a closed-door hearing at Somerset County Superior Court in Skowhegan to determine whether she is legally competent to stand trial, Stokes said.

“She will admit, enter pleas to a lesser charge and the result of that is she will be in long-term supervision for a substantial number of years,” the assistant attorney general said of the plea agreement.

In the plea agreement, which still needs court approval to become final, the girl will admit to committing a misdemeanor, he said. Juvenile laws prevent him from saying exactly what crime she will admit to committing.

The baby was in the care of the girl’s mother in Fairfield on the night she died. According to Greenaway, her infant was left alone with the then-10-year-old girl.

Greenaway said in August 2012 that a toxicology report revealed that medicine for attention deficit disorder was found in Brooklyn’s system. She said it was the same medication prescribed to the accused girl. There also were bruises on the baby’s face from when she was suffocated, allegedly by the girl, according to Greenaway.

“It looks like someone had beat her up,” Greenaway said shortly after her child’s death. “Fingerprint bruises all over her face. A black eye. Bruises across the bridge of her nose.”

Greenaway declined a request for an in-person interview on Thursday.

The girl has been in the custody of the Department of Health and Human Services since she was charged with manslaughter.

If convicted of manslaughter in the juvenile system, the girl would have been in state custody until she was 21.

Weeks before Brooklyn’s death, another baby overdosed on medication in the home of the same Fairfield baby sitter.

Ashley Tenney, mother of the 8-month-old baby, who survived, told the BDN in September 2012 that doctors told her they had found amphetamines in her daughter’s system that matched medication prescribed to the girl for attention deficit disorder.


Brooklyn’s death was declared a homicide on Aug. 29, 2012, and the girl was charged with manslaughter the next day. On Sept. 19, 2012, the attorney general’s office filed a juvenile petition formally charging the girl with manslaughter.

“We couldn’t do nothing. You couldn’t just ignore this. You had to recognize this for what it was,” Stokes said, explaining the state’s actions Thursday. “The juvenile code is there to sort of [allow prosecutors, judges and attorneys to be] creative when dealing with young offenders who we want to become productive members of society.

“That is the goal. That is why we utilize the juvenile code in the first place,” he said. “This way involves the juvenile and holds her accountable. Under this is the condition you have to take responsibility for [the actions] but at the same time can move in the direction of treatment, counseling, supervision and rehabilitation.”

http://bangordailynews.com/2014/05/15/news/mid-maine/manslaughter-charge-to-be-dropped-against-12-year-old-maine-girl-in-connection-with-babys-death/
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Post by mom_in_il Tue May 27, 2014 5:59 pm

Autopsy confirms Maine baby was suffocated
The report also says there was a trace amount of amphetamine in Brooklyn Foss-Greenway’s bloodstream.

By Matt Hongoltz-Hetling, Morning Sentinel
May 24, 2014

AUGUSTA — A newly released autopsy report says 3-month-old Brooklyn Foss-Greenaway of Clinton, who was left alone with a baby sitter’s 10-year-old daughter, died of suffocation. Kelli Murphy, now 12, “admitted responsibility” to unspecified juvenile charges in connection with the baby’s killing during a closed-door hearing in Skowhegan District Court on Wednesday.

The autopsy report lists the causes of death as asphyxia and suffocation, and classifies the manner of death as “homicide.”

Brooklyn died during an overnight stay July 8, 2012, in the Fairfield home of Amanda Huard, who was a friend and co-worker of the infant’s mother, Nicole Greenaway. Later that night, Huard called 911 and told police that the baby was not breathing.

According to the autopsy report, Huard, who is referred to only as “the adult babysitter,” allowed the infant to be alone with Murphy.

“The adult babysitter appears to have set up the infant’s portable crib in her 10-year-old daughter’s bedroom and entrusted the infant’s care to her daughter,” according to the report, from the Office of Chief Medical Examiner.

The autopsy report, which previously had been withheld and first was obtained Friday by The Associated Press through a Freedom of Access Act request, documented various injuries to the infant.

Traces of amphetamine, part of a medication prescribed to Murphy, were found in the baby’s system.

In addition to the amphetamine, the autopsy report documented various injuries to the infant. According to the report, Brooklyn suffered bleeding in the membrane around the brain, scrapes and bruises on her head, and tiny hemorrhages around the eye and gums.

Nicole Greenaway said Friday that she has a copy and “it tells me basically what happened to her.”

Greenaway said earlier this week that she intends to bring a civil lawsuit against Huard but would not comment further.

No charges were brought against Huard. Deputy Attorney General William Stokes said the law does not support any criminal charges against Huard because the evidence does not show conclusively that Huard’s actions caused the baby’s death.

On Wednesday, Murphy was sentenced to supervision, counseling and treatment until she is 18, at which point the court will oversee an evaluation to determine whether the supervision period should be extended until Murphy turns 21.

MEDICATION QUESTIONS

Medical records show that the amphetamine found in Brooklyn’s system also was found in the system of Jaylynn Tenney, an infant who nearly died in June 2012 while living in the same house as Murphy.

Records from Maine Medical Center in Portland, which were released to the Morning Sentinel with the permission of Jaylynn Tenney’s mother, Ashley Tenney, identify Vyvanse as the drug that caused the 8-month-old to be rushed to the hospital with seizures while living in the home with Murphy.

Vyvanse is an amphetamine occasionally associated with a range of severe side effects. It is being prescribed increasingly to people with attention deficit hyperactivity disorder, a category that has grown to include nearly 1 in 10 children.

Murphy was being treated for the disorder, according to documents from the Department of Health and Human Services.

The number of children prescribed Vyvanse topped 1 million in 2011, up from 623,000 in 2008, according to the U.S. Food and Drug Administration.

Vyvanse, according to the list of side effects described in federally mandated reporting, can cloud judgment and cause aggression in a small number of its users.

However, a leading expert on child pharmacology said aberrant behavior in children on Vyvanse is more likely to be caused by underlying medical disorders than the drug itself.

“Often they’ll blame the treatment when it’s actually the underlying conditions,” said Dr. Timothy Wilens, a psychiatry professor at Harvard Medical School and director of substance abuse services in pediatric psychopharmacology at Massachusetts General Hospital. His research on Vyvanse has focused specifically on the relationship among ADHD, bipolar disorder and pharmaceuticals.

Wilens said a majority of children taking Vyvanse experience relatively mild side effects, including moodiness in 68 percent of users.

The more extreme events associated with the drug happen when a child already is experiencing significant mental problems.

Wilens said causing harm to others is not typically associated with ADHD, nor is it typical in those who take Vyvanse.

Murphy was being treated in 2012 for oppositional defiant disorder and attachment disorder, according to documents from the Department of Health and Human Services.

Oppositional defiant disorder is characterized by “a persistent pattern of tantrums, arguing, and angry or disruptive behavior toward” authority figures, according to information from the Mayo Clinic.

Wilens said parents and doctors should monitor the behavior of children who are prescribed Vyvanse or any other stimulant, whether the child has been diagnosed with other conditions or not.

http://www.onlinesentinel.com/news/Autopsy_confirms_Maine_infant_died_from_suffocation.html?pagenum=1
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Post by mom_in_il Thu Jun 19, 2014 9:58 pm

Waterville woman sues babysitter, 12-year-old girl over death of infant

By Nok-Noi Ricker, BDN Staff
Posted June 17, 2014, at 4:22 p.m

BROOKLYN FOSS-GREENAWAY - 3 months (2012)/ Admitted Responsibility: Kelli Murphy - Fairfield ME 10048901_H8356087-600x389

AUGUSTA, Maine — When Nicole Greenaway dropped off her 3-month-old daughter at the babysitter’s house in Fairfield on July 7, 2012, she left her child in the care of her then friend and co-worker, Amanda Huard.

Huard’s 10-year-old daughter, who is now 12, was later charged with manslaughter in the death of Greenaway’s daughter, Brooklyn Foss-Greenaway. The 3-month-old was drugged, suffocated and found unresponsive on the morning of July 8, 2012. The infant died at the hospital later in the day. The Bangor Daily News is not naming the girl because she is a juvenile.

The state dropped the manslaughter charge against the 12-year-old girl in May in exchange for guilty pleas to lesser charges, Assistant Attorney General William Stokes said at the time.

Nicole Greenaway, who lives in Waterville, has said from the start that she wanted charges brought against the girl’s mother and decided this week to file a 13-count lawsuit in Kennebec County Superior Court against Huard and her daughter for negligence.

“This case is the epitome of a family that needs to see justice,” attorney Sheldon Tepler of Lewiston, who is representing Greenaway, said Tuesday. “They need validation. There needs to be some way for their natural feeling of anger to get satisfied, and I see a civil lawsuit as a way to get that justice.”

The lawsuit focuses on multiple claims of negligence against Huard and her daughter, and it includes claims of suffering and emotional distress suffered by an older sister of Brooklyn who was in the same room when the assault took place. The lawsuit seeks unspecified financial damages.

The girl — the youngest in the state to face a manslaughter charge in recent history — will be subject to long-term supervision and counseling in exchange for dismissal of the felony charge, officials said.

John Martin of Skowhegan, who represented the girl, said he has not seen the lawsuit filed by Greenaway.

“Without having reviewed the complaint or discussing the matter with the department, I would not have a comment at this time,” he said in an email.

His client is in the care of the Department of Health and Human Services. Messages left for Greenaway and Huard on Tuesday were not returned.

Tepler said Greenaway was not satisfied with the conclusion of the criminal case against the girl, which is one reason for the civil lawsuit.

“When someone comes to me when they’ve lost a child … it’s really never about the money,” Tepler said. “They come to me broken hearted. What they want is justice.”

http://bangordailynews.com/2014/06/17/news/midcoast/waterville-woman-sues-babysitter-12-year-old-girl-over-death-of-infant/
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