KAIYA KAPUHA - 5 yo - (2010)/ Convicted: Uncle; Leonard Orta Jr. - Phoenix AZ

A 5-year-old girl was found dead in Phoenix
after police suspected her uncle deprived her of food and medication,
authorities said Thursday.



The child's body was discovered alone in a room Wednesday after her grandfather
noticed a foul smell in the home and contacted police, said Detective
Luis Samudio, spokesman for the Phoenix Police Department.

The apartment complex where she was found was located near 28th Street and East Indian School Road.

The grandfather called police because he said he was arguing with
his son, Leonardo Orta Jr., 47, because his son would not let him into
the bedroom to check welfare on his granddaughter.
He told police he had not seen his granddaughter since mid-January and noticed a foul smell in the two-bedroom apartment.

The child was in Phoenix to get treatment for Rett syndrome, a
developmental disorder that can appear to be autism. The girl was
required to take daily medication to prevent seizures, Samudio said.
Orta Jr. was the legal guardian of the child and had custody since July.

Orta said the child had a seizure roughly four weeks ago, according
to a court document made available Thursday. Orta eventually told
police he did not know how to react and left the child alone. Orta had
worked with special-needs children for 25 years, according to the
documents. He received money from his brother to care for the child.
Orta Jr. told police that he hugged the child for a few minutes then
positioned her in her bed to make it look as if she had died in her
sleep, according to the documents.

She was found with a feeding cup under her neck and shoulder area.

The child's biological parents lived in Hawaii and are going through
a divorce, according to court documents. The child also lived in the
apartment with her grandfather. The grandfather had suffered from a
stroke before the girl's death, limiting his physical ability on his
left side.

Orta told his father that the girl was getting treated for seizures at various hospitals.

The girl's grandfather tried calling those hospitals, but they were not
treating his granddaughter. The grandfather contacted the police about
his missing granddaughter. Orta Jr. apparently fled, Samudio said.

Orta Jr. eventually returned to the apartment.
He told authorities he withheld the child's medication and
proper nutrition for 10 days, according to the court document.

According to the document, management of the apartment tried to get
inside of the apartment to help treat it for insects for about a month,
but Orta Jr. kept denying access. Pest control was finally allowed into
the apartment but was denied access to the child's bedroom where Orta
Jr. claimed she was "sleeping."

Orta Jr. was arrested on suspicion of first-degree murder.

Dr. Troy Anderson from Banner Medical Health said Rett syndrome is an "x-linked" disease
that occurs in females as early as 5 months old. There is no cure, but
patients typically take medication to prevent seizures. Children with
Rett syndrome often suffer from seizures as they get older.

The apartment complex where she was found was
located near 28th Street and East Indian School Road.

The grandfather called police because he said he was arguing with
his son, Leonardo Orta Jr., 47, because his son would not let him into
the bedroom to check welfare on his granddaughter.
He told police he had not seen his granddaughter since mid-January
and noticed a foul smell in the two-bedroom apartment.

The child was in Phoenix to get treatment for Rett syndrome, a
developmental disorder that can appear to be autism. The girl was
required to take daily medication to prevent seizures, Samudio said.
Orta Jr. was the legal guardian of the child and had custody since July.

Orta said the child had a seizure roughly four weeks ago, according
to a court document made available Thursday. Orta eventually told
police he did not know how to react and left the child alone. Orta had
worked with special-needs children for 25 years, according to the
documents. He received money from his brother to care for the child.
Orta Jr. told police that he hugged the child for a few minutes then
positioned her in her bed to make it look as if she had died in her
sleep, according to the documents.

She was found with a feeding cup under her neck and shoulder area.

The child's biological parents lived in Hawaii and are going through
a divorce, according to court documents. The child also lived in the
apartment with her grandfather. The grandfather had suffered from a
stroke before the girl's death, limiting his physical ability on his
left side.

Orta told his father that the girl was getting treated for seizures at various hospitals.
.
The girl's grandfather tried calling those hospitals, but they were not
treating his granddaughter. The grandfather contacted the police about
his missing granddaughter. Orta Jr. apparently fled, Samudio said.

Orta Jr. eventually returned to the apartment. He told authorities he withheld the child's medication and
proper nutrition for 10 days, according to the court document.

According to the document, management of the apartment tried to get
inside of the apartment to help treat it for insects for about a month,
but Orta Jr. kept denying access. Pest control was finally allowed into
the apartment but was denied access to the child's bedroom where Orta
Jr. claimed she was "sleeping."

Orta Jr. was arrested on suspicion of first-degree murder.

Dr. Troy Anderson from Banner Medical Health said Rett syndrome is an "x-linked" malady
that occurs in females as early as 5 months old. There is no cure, but
patients typically take medication to prevent seizures. Children with
Rett syndrome often suffer from seizures as they get older.

A disabled girl with Hawaii parents was found dead in Phoenix, the
apparent victim of a caregiver uncle who told police he intentionally
withheld medication and proper nourishment from her, knowing it would
lead to her death.
Leonard Raymond Orta Jr., 47, of Phoenix was
charged with first-degree murder in the death of Kaiya Kapahu, who
would have turned 6 yesterday. Phoenix police found Kapahu dead
Wednesday in Orta's two-bedroom apartment.
It is believed Kapahu had been dead for about four weeks, police said in
documents filed yesterday in Maricopa County Superior Court.
Kapahu, who suffered from Rett syndrome, a neurological disorder that mostly
affects girls, was unable to speak, required constant care and needed
medication to treat seizures.
Kapahu's parents live in Hawaii and are going through a divorce, according to
court documents. Her parents could not be reached for comment.
Relatives in Arizona declined comment.
At about 12:41 p.m. Wednesday, police responded to
a call from Orta's father, Leonard Orta Sr., who said he got into an
argument with his son after he would not let him check on his
granddaughter, court documents said. The last time he had seen his
granddaughter was in mid-January after he returned home from surgeries.
A stroke had left Orta Sr. with limited movement on the left side of his body.
He also works the graveyard shift.


Orta Sr. told police he noticed a foul odor in the apartment he shares with
his son and granddaughter. He opened Kapahu's bedroom door, but Orta
pushed his father away from the doorway, prompting him to call police,
according to court documents. Orta Jr. fled the apartment before police
arrived. Officers discovered Kapahu lying on Kapahu's bed.



Orta
Sr. told police his son had been acting oddly. He noticed his son going
into Kapahu's room more often but had not seen her come out for some
time.
Orta Jr. told his father that Kapahu was admitted
to Phoenix Children's Hospital and St. Joseph Hospital. Orta Sr.
checked the hospitals and found she had not been admitted as a patient,
court documents said. He confronted his son about what he had learned
Wednesday and attempted to force his way into Kapahu's bedroom.
Orta Jr. had been Kapahu's legal guardian since July. He has previous
experience caring for special-needs children, having served as a
caregiver in Europe for 25 years, according to court documents.
Orta Jr. told police he intentionally withheld Kapahu's medication for 10
days and failed to provide proper nourishment, according to court
documents. When he discovered she was dead, Orta Jr. hugged her for a
few minutes and then "positioned her in her bed to make it appear as
though she died in her sleep with a feeding cup under her neck and
shoulder area with the hopes of (Orta Sr.) discovering Kaiya deceased,"
court documents said.
An autopsy was to be conducted. Orta Jr.'s preliminary hearing is scheduled for March 1.

PHOENIX - A 5-year-old girl with special
needs is dead from apparent neglect and her 47-year-old uncle has been
arrested in connection to her death. Wednesday, police found the
girl's body at a home near 28th St and Indian School. They say
5-year-old Kaiya Kapahu had been dead for several days and opened up a
homicide investigation. Her uncle, 47-year-old Leonard Raymond
Otra, was arrested on a first-degree murder charge. Phoenix Police Sgt.
Luis Samudio says he's suspected of deliberately withholding medication
and food from the child, who had Rett Syndrome, a developmental
disorder with symptoms that are often similar to autism. Since
August, Otra was supposed to be taking care of Kapahu because the
treatment she needed was not available in her home state of Hawaii. An
account has been set up at Desert Schools Federal Credit Union in her
name, to raise funds to fly her remains back to her family in Hawaii. A cause of death has not yet been determined.

An Arizona man accused of killing his five-year-old
niece was charged Monday with first degree murder, child abuse and
abandonment or concealment of a dead body. Leonard Orta is
being held without bond in connection with the death of Kaiya Kapahu
who was found dead in Orta's Phoenix apartment. Kapahu was a special
needs child who was sent to live with Orta to receive medical care."This
is one of the more disturbing cases that I have prosecuted as my time
as Country Attorney," said Maricopa County Attorney Andrew Thomas. "I
have a six-year-old child so this case strikes very close to home."
Monday we spoke to a woman who worked with Kaiya while she briefly
attended school in Hawaii."My little angel," said Josie Barayuga.
"I miss my little Kaiya."Josie Barayuga smiles when she thinks back
at the time spent with Kaiya Kapahu."Kaiya
did not talk but her eyes said a lot of things," she said. "Just that
smile in her eyes, I remember that's how we communicated."
Barayuga served as Kaiya's para-professional tutor from October 2008 until February 2009."She
was able to literally walk on her own without much help," said
Barayuga. "Just having to be able to make that work, walking up and
down the stairs, it was such a big progress."Her progress included simple things like learning how to eat."She
gained weight and I know the family was so happy, my coed workers would
joke, like you're making Kaya so fat now," she laughed.
Kaiya's death has yet to sink in."It saddens me just the way she passed on."
"Who dropped, the ball dropped somewhere."The horrendous crime renews
Barayuga's commitment to serve others like her "little angel." "We
need to be that voice for Kaiya," she said with a pause. "We need to be
that voice for the other children out there who can't speak. I want to
remember that smiling little angel."Orta will be back in court on Thursday.

The single father of a 5-year-old special-needs child who died in
the care of an uncle in Phoenix said he had recently become concerned
about his daughter's welfare and was planning to bring her back to
Hawaii when he got the call about her death.
Manny Kapahu said his brother stopped returning calls and e-mails from him seeking information on his daughter Kaiya.Kapahu also said he wouldn't have left his daughter with her uncle if he believed his brother couldn't take care of her.
"I trusted him," Kapahu said Tuesday. "I would never have left my
daughter with him if I thought ... he would not take care of her."
Kaiya's uncle, Leonard Orta, Jr., 47, has been charged in Phoenix
with first-degree murder, child abuse and concealment of a body.
Investigators said the uncle deprived her of food and medication.
The death has shocked many in the Hawaiian Islands, where Kaiya was born and where much of her family lives.
In his first extended interview with the media since his brother's
arrest, Kapahu said Kaiya's death has devastated his small family and
left them feeling angry.
Kaiya had Rett syndrome, a developmental disorder that left her
unable to speak or perform basic motor skills. Her father said she
needed around-the-clock care.
Orta had been looking after Kaiya since August.
Kaiya's father got news of her death Thursday, on what would have
been her sixth birthday. On Oahu, the family was celebrating another
birthday that day — of Kaiya's twin sister, Maile.
Kapahu has since brought his daughter's ashes back to Oahu and plans to hold services for her next month.
Kapahu said he doesn't understand why his brother didn't just reach
out to him or someone else if he was feeling overwhelmed with Kaiya's
care.
"He could have called me," he said. "My daughter didn't deserve this."
Phoenix police arrested Orta a week ago after Kaiya's body was found
in a bedroom of his apartment. Phoenix police say Orta intentionally
withheld Kaiya's medication and nutrition. Investigators believe that
Orta stopped nourishing Kaiya 10 days before her death and that she
died about a month ago.
A preliminary hearing for Orta has been set for Monday.

Family from as far away as Japan gathered in Nuuanu Saturday to say their
final goodbyes to five-year-old Kaiya Kapahu.
She died in Arizona while in her uncle's care.
Family members of Kaiya Kalora Kapahu came to celebrate the life of their
"little angel."
"She was such a precious girl to us."
"They don't get anymore pure or beautiful than Kaiya was."
Dozens sat in silence to Eric Clapton's "Tears in Heaven" as pictures played
on the screen of a smiling five-year-old.
"When you look at the photos you want to believe you could have so many more
pictures and so many more memories," said Kaiya's father Manny Kapahu.
Kaiya died last month while in her uncle's care in Arizona where she was
receiving necessary medical treatment for Rhett Syndrome. Leonard Orta Jr. has
been charged in her death.
"Everybody is a loss for words. Nobody expected this of my brother," said
Kapahu. "She didn't deserve what happened."
Family and friends from the mainland, Japan and across Hawaii made the trip
to be a part of Kaiya's farewell.
"This service really was my final farewell to my little girl," said Kaiya's
former tutor Josie Barayuga.
"As you can see by the gathering here today she was a beautiful little girl
who touched so, so many lives," said Kaiya's uncle Daniel Kapahu.
As a tribute to Kaiya, dozens gathered outside for a final sendoff. And her
family released a rainbow of pigeons.
"For me it symboled that she's free."
"Wherever we are her wings are spread and wherever we end up she'll be
there," said Kaiya's father. "I miss you, Kaiya, and you know I'll see you again
some day."

6/27/2011	8:30	Pre-Trial Conference
7/25/2011	10:00	Trial

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2010-109083

7/10/2012 10:30 Trial

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2010-109083

It's a shame we don;t have access to transcripts.
I would love to know what caused a ONE YEAR DELAY!
As long as the accused remains in jail and isn't given any bail...

Leonard Orta Jr. Gets 18 Years in Prison for Starving 5-Year-Old Niece to Death

By Matthew Hendley
Fri., Feb. 1 2013 at 2:30 PM

A Phoenix man who let his 5-year-old niece starve to death in his apartment -- then did nothing as her body was decomposing in the apartment -- will be going to prison.

Leonard Orta Jr., 49, was sentenced to 18 years in prison, as part of a plea agreement, in which Orta pleaded guilty to second-degree murder.

His niece, 5-year-old Kaiya Kapahu, suffered from Rett Syndrome -- which prevented her from speaking or walking -- was sent by her family to Phoenix from Hawaii to live with relatives, so she could receive treatment she couldn't get in Hawaii.

The girl lived with Orta and her grandfather at the apartment, starting in July 2009.

Police believed that in January 2010, Orta stopped giving the girl her medications, and eventually stopped feeding her after the grandfather himself was having medical issues, and was hospitalized. According to a previously obtained police report, the girl died after 10 days.

While the girl's grandfather was at home recovering, he had asked Orta where the girl was. Orta insisted the girl had been hospitalized, but the grandfather continued to get suspicious.

Eventually, the grandfather could smell an odor coming from the girl's room -- which ended up being the smell of the girl's decomposing body -- and he demanded he be let in the room.

Orta denied him access, and the grandfather called police. Sure enough, the girl's body was in there. Police estimated the girl had been dead in the room for about a month.

Orta was initially charged with first-degree murder -- and other crimes -- but he ended up pleading guilty to a second-degree murder charge.

http://blogs.phoenixnewtimes.com/valleyfever/2013/02/leonard_orta_jr_gets_18_years.php