Outting bullies, Supporting Victims, and Serious News Stories all in one

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KTVU did a report last night on prior threat’s made by Warner to a previous girlfriend in a different county.

According to a 2008 request for a restraining order against Warner, a woman who was pregnant with his child said Warner wanted her to get an abortion and repeatedly threatened her.

In a two page, hand written letter to the court, the pregnant woman wrote that Warner said to her:

“I hope the kid dies or is born retarded.”

“If I find out you’re cheating on me, I’ll bust your teeth out with a pipe.”

“I’ve been on the run many times.”

http://www.ktvu.com/news/news/crime-law/2-investigates-suspect-murder-napa-girl-had-histor/ndHSs/

http://courtconnect.solanocourts.com/courtconnect/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=FFL102150&begin_date=&end_date=

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Last night, Nancy Grace took to Twitter and used the hashtag #freezertot referencing the murder of 3-year-old Kayleigh Slusher.

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Kayleigh Slusher was found dead in her home on Saturday. Her mom, Sarah Kreuger and her boyfriend, Ryan Scott Warner are now in the Napa County Jail charged with Murder and Child Abuse Resulting in Death. Both charges carry 25-life sentences if convicted. Kayleigh’s mother admitted storing the little girl in a freezer for 3 days. A disturbing admission.

The outrage about this hashtag was all over Twitter Thursday night, calling Nancy Insensitive and demanding she apologize to Kayleigh’s family.

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Roisin Ariaz prays at a makeshift memorial outside the building where 3-year-old Kayleigh Slusher died. Photo: Lacy Atkins, The Chronicle

Henry K. Lee
Updated 8:52 pm, Monday, February 3, 2014

Sara Krueger was a doting mother to her 3-year-old daughter until her boyfriend moved into her Napa apartment a year ago and the couple began using methamphetamine, police and neighbors said.

Soon, Kayleigh Slusher, a happy pigtailed girl who liked to dress up like Barbie and Minnie Mouse, became a downcast figure who rarely ventured out. When she did, neighbors said, she looked like a zombie, with dark circles around her eyes.

Now, residents of the Royal Garden apartment complex on Wilkins Avenue are struggling to understand what allegedly led Krueger, 23, and her boyfriend, 26-year-old Ryan Scott Warner, to kill Kayleigh, whose body was found in her bed Saturday.

The girl had suffered blunt-force trauma and appeared to have been sexually assaulted, said Napa police Lt. Debbie Peecook.

The couple, who don’t own a car, were spotted leaving the apartment Saturday morning with luggage, authorities said. The next day, they fled after being spotted at a pancake restaurant on San Pablo Avenue in El Cerrito and were detained by BART police at the nearby El Cerrito del Norte Station.

Napa police arrested the couple on suspicion of murder and assault on a child resulting in death. The two are expected to appear Tuesday in Napa County Superior Court pending a review of the case by prosecutors.

Police officers had been called several times to the couple’s home to investigate disturbances, but no arrests were ever made, Peecook said. The most recent visit was Thursday, she said, when officers conducted a welfare check and confirmed that the girl, whose father is in prison, was all right.

There had been no calls about Kayleigh to the Napa County agency in charge of protecting children from abuse, authorities said.

A resident and property manager of the complex, Elizabeth Chechourka, said Krueger had been a good mother who never let Kayleigh out of her sight, even when the little girl would ride her pink and white Hello Kitty bike in the courtyard.

Krueger was outside every day, smoking or spending time with her daughter. She was going to school, studying to become a preschool teacher.

That all changed when Warner moved in, Chechourka said. The couple closed the curtains, used drugs and rarely ventured outside, she said, and Kayleigh came out infrequently. On the rare occasions that she saw the family, Chechourka said she noticed that Krueger had lost a lot of weight and that Kayleigh looked sad.

The apartment management sent Krueger a letter several weeks ago due to complaints about noise, a stream of people coming in and out of the apartment, and the fact that Warner wasn’t on the lease.

The letter warned the mother that she was “being watched by the police department and that if she didn’t want to lose her housing and lose her apartment, she needed to get rid of the traffic within 24 hours,” Chechourka said.

She said she was horrified to see Kayleigh being brought out of the apartment in a body bag.

“It was devastating, that just blew my mind,” she said. “It was the saddest day in the world. I can’t imagine what she was going through, being tortured, being sexually assaulted. I mean, it’s a little girl. She’s defenseless. She’s helpless. Poor thing.”

During a candlelight vigil Sunday night, Kayleigh’s maternal grandfather, John Krueger, told reporters,

“You couldn’t imagine what I’m going through. The most proudest moment in my life is gone forever, and there’s nothing we can do or say that’s going to bring her back, and I hope nobody ever has to go through this. It’s tough.”

Henry K. Lee is a San Francisco Chronicle staff writer. E-mail: hlee@sfchronicle.comTwitter: @henryklee

 

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3-year-old Kayleigh Slusher was beaten to death. Her mother Sarah Kreuger and her boyfriend Ryan Scott Warner were arrested at the El Cerrito BART station Sunday.

This is an obvious failure of the system. Napa Police were dispatched twice last week to the apartment. The first time was on Jan 27th for a disturbance. No one was arrested “it was an argument.” The second time was last Wednesday at 6pm “for a welfare check” after the police recieved reports the little girl wasn’t being fed and Kreuger was under the influence.

Read the rest of this entry »

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So far it has been high-profile men who have embarrassed themselves by painting rape victims with a particular brush.

Now a woman – Maharashtra State Women’s Commission member Asha Mirje – has joined that infamous list.

Mirje, who is also an NCP member, claimed the Delhi gang-rape victim had only herself to blame for the sexual assault.

“Did Nirbhaya really have go to watch a movie at 11 in the night with her friend? Take the Shakti Mills gang-rape case. Why did the victim go to such an isolated spot at 6pm?” Mirje asked at a gathering of the NCP women’s wing in Nagpur.

“We have to be careful. We have to ask ourselves, where am I going, with whom am I going, what am I going for, do I really need to go to that place,” she added.

The NCP women’s wing is headed by party president Sharad Pawar’s daughter, Supriya Sule.

At the time Mirje made the controversial speech, Sule was present on the dais. However, Sule, who has taken up the cause of atrocities on women, did not try to stop Mirje from making such comments.

Mirje did not stop on that note, either. According to her, sexual assaults on women take place due to three reasons – a woman’s clothes, her behaviour and her presence in inappropriate places.

“Due to these reasons a woman has to think whether, mistakenly, she is not inviting or inviting (to sexual assault),” Mirje said.

NCP spokesperson Nawab Malik, when contacted, tried to play it safe by saying Mirje’s remarks were not the party’s official position.

“I have not heard it (the comment) and I am not aware of it. But if she did make such a statement it is her own personal opinion and not the party’s,” Malik said.

Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2547685/Maharashtra-Womens-Commission-member-claims-Nirbhaya-invited-gang-rape.html#ixzz2sNRa7DeA
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17-year old Justice Toliver was shot at her apartment in Oakland’s Chinatown last week. The person who shot her? Her 14-year-old brother Mario. Why? According to their family Mario didn’t like how Justice used bleach on his laundry.

Mario was on the run for almost a week, but with the help of family members, Mario has turned himself in. He was booked into The Alameda Co. Juvenile Justice Center. The DA will now decide if Mario will be charged as an adult.

Justice leaves behind a 2-year-old daughter.
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Nailah Winkfield, Christopher Dolan, Brian Franklin, Jahi McMath

By Matthias Gafni–Contra Costa Times

http://www.mercurynews.com/breaking-news/ci_24993245/jahi-mcmath-could-her-case-change-how-california

If Christopher Dolan gets his way, the Jahi McMath case may change how California determines when death occurs.

Dolan, a San Rafael resident who has gained newfound prominence as the attorney for Jahi’s family, hopes to mount what may be the nation’s first challenge to a law linking end of life to brain death.

Families — not hospitals, judges or governments — should decide when treatment stops on a loved one, Dolan argues. And if a family believes life stops when the heart stops, based on religious beliefs, a government should not have the power to interfere with their constitutional right to practice those beliefs.

It’s a daunting fight in an arena with no legal precedent. Experts say it is possible that the case of the 13-year-old Oakland girl, declared brain dead after tonsil, throat and nose surgeries to relieve her sleep apnea, will set new rules.

California’s Health and Safety Code 7180 is states that an individual who has sustained “irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” But citing their religious faith, Jahi’s family has insisted she is not dead, noting she continues to breathe and her heart beats with the help of machines.

Other cases around the country involving families of brain-dead patients have provided brief courtroom bursts, but no firm judgments.

“This is a hot area because there’s a lot of growing interest in religions versus medicine,” said Thaddeus Pope, a law professor at Hamline University School of Law in Saint Paul, Minn.

“If the courts don’t touch it, we will still have a policy vacuum,” said Pope, who maintains a blog on end-of-life legal cases.

Dolan points to Alameda County Superior Court Judge Evelio Grillo’s granting of a temporary restraining order in the Jahi case as a legal framework for future California cases. The court ordered Children’s Hospital Oakland to keep Jahi on a ventilator while the family searched for a facility that would accept the body and continue measures to sustain a heartbeat. The hospital and family reached an agreement to remove Jahi from the hospital, and she was moved to an undisclosed location on Jan. 5. A federal lawsuit lost its urgency once that occurred, but is still pending.

Grillo’s ruling was “the first time in a California court there’s a written opinion that parental rights exist following the issuance of brain death,” Dolan said.

To challenge the state’s death laws, Jahi’s family would have to amend their federal lawsuit to ask for relief, such as a court declaration about the hospital’s conduct regarding its refusal to recognize a religious exception, and a prohibition against doing it again. So far, the family has been reluctant to give Dolan the go-ahead to continue the court battle.

“Our main objective was to remove Jahi and get her someplace where she can be cared for and loved,” Jahi’s uncle Omari Sealey said recently. “Right now, we haven’t talked about changing the law.”

But Dolan insists there is an important constitutional principle to be established about the rights of parents to make health care decisions, as well as limits on government meddling.

“If (the government) decides when life ends, they also might try to decide when life begins,” the pro-choice attorney said, alluding to abortion rights.

Pope called Dolan’s constitutional arguments a “long shot” but possible, given that New Jersey and New York have clauses in their laws allowing families with religious beliefs to use cardiopulmonary death instead of brain death to determine the end of a loved one’s life. However, those religious options were added through legislation, not the courts. Pope stressed Jahi’s family would need to prove their religion believes death occurs when the heart stops beating.

Dolan said his clients are very religious, although the precise nature of their beliefs has not been detailed. Jahi’s mother, Nailah Winkfield, wrote in a court declaration: “I believe in God and that he can heal all. God created Jahi — he can save her.”

But UC Berkeley Boalt Hall law Professor Emeritus Marjorie Shultz, who specializes in medical ethics, said the family’s personal religious beliefs cannot compel a hospital to abide.

“The thing that might have weight is our knowledge of the brain is still quite limited and we have a tendency to confuse what we can measure as a fact,” she said. However, Shultz said it would likely take the Legislature to craft a similar law to those in New Jersey or New York to make any real change.

Dolan’s other two legal arguments involve the Federal Rehabilitation Act, saying hospitals that receive federal funds cannot discriminate against disabled people, as well as the Americans with Disabilities Act. Dolan said Jahi’s medical state put her into that category.

Pope called these arguments “close to frivolous,” considering state law deems Jahi deceased, not disabled. He said Dolan’s efforts to date have already created some “dangerous” legal history with Grillo’s restraining order rulings.

“It’s not precedent in rights under California law, but it definitely is precedent for all other parents knowing that they can probably get a few more weeks extra time by going to the court system,” Pope said.

Such tactics have already been used elsewhere.

In 2008, a Washington, D.C., children’s hospital asked a judge to allow them to remove a 12-year-old brain-dead boy from his ventilator. Doctors said the Orthodox Jewish boy’s brain ceased to function after he failed to regain consciousness following brain cancer surgery. However, the religious beliefs of Motl Brody’s family held that life ended when the heart stopped beating; in that case, the family did not consent to the hospital performing additional brain-death tests.

“(The parents) understood that once he was really brain dead there wasn’t any reason to transfer him to New York. They understood what was going on, but from a religious perspective their son was not dead,” said Jeffrey Zuckerman, a Washington, D.C., attorney who represented the family. “They wanted to let him die according to Jewish law.”

With a court hearing looming, his other organs began to fail and attorneys from both sides jointly agreed to call the judge to cancel further legal proceedings, Zuckerman said. Days later, Motl’s heart stopped as he lay in his hospital bed.

In 2004, Utah parents fought to keep their 6-year-old son, Jesse Koochin, on a ventilator after his bout with brain cancer left him brain dead. A judge ordered him released from the hospital to his parents’ care, and his heart stopped about three weeks later.

Giving families the power to declare death could have significant ramifications, Shultz said.

“You would have a lot of chaos if it were up to each individual to determine death,” she said. “So many things flow from that determination.”

But Dolan believes the issue needs to be settled, and soon.

“It’s a very important, significant legal debate that has been started,” Dolan said, “but not concluded.”

Jahi McMath’s legal case could impact state law. Here are similar cases involving brain death from around the country:

  • In 2004, Utah parents fought to keep their brain-dead 6-year-old son, Jesse Koochin, on a ventilator at his hospital after his bout with brain cancer. A judge ordered him released from his hospital to his parents’ care; his heart stopped about three weeks later.
  • In 2006, 14-year-old Michael Todd, of Kansas, was declared brain dead at a Kansas hospital after being shot in the neck. His mother questioned that diagnosis, saying her son still made movements and responses to her; she received a restraining order. A settlement was reached between the family and hospital for an independent doctor to examine the boy. The brain-death diagnosis was confirmed and the family removed the ventilator.
  • In 2006, a Kansas family received a temporary injunction to keep 2-year-old Brett Shively Jr. on a ventilator after a drowning accident led doctors to declare him brain dead. The family would not consent to approve the final brain-death test, and a judge ruled that physicians must treat him as a live patient. The hospital agreed to release the boy to his family but appealed the judge’s decision because it believed the ruling set a dangerous standard. An appellate court reversed the lower court’s decision. It’s unclear how long Brett remained on the ventilator.
  • In 2006, a family got a judge to grant a restraining order to keep a 72-year-old Buddhist man on his ventilator to allow his heart to eventually stop, per his religious beliefs. The family eventually relented.
  • In 2009, 22-year-old Christian Lanciano overdosed on heroin and was declared brain dead by a West Virginia hospital. Lanciano’s mother sought and was granted a restraining order to prevent the hospital from removing her son’s ventilator. She dropped her legal fight and allowed doctors to remove his ventilator once she was convinced of the diagnosis.

 

So, in other words Chris Dolan is using a brain dead teenager’s grieving family to benefit himself. Shameful.

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