Eain Clayton Brooks
March 11, 2008 -
September 17, 2013
Clayton Brooks was said to be a happy little boy and his father and
grandmother want to know why did all they could do to help him, yet he
ended up dead anyway:
did nothing. Everything was unfounded or you call them on Monday at
don't show up till the next morning. By the time he's a five year old
child, you give him
a piece of candy and a slice of cake, he loves you, he's your best
friend again. They're
going to hear from me and a lot of lawyers. you get 19 call, 19 calls
can't be unfounded.
Something has to be behind those 19 calls"
Kyle Charette - Father
"I told him what is it
going to take, for Eain to be dead before you finally open your eyes
something. He didn't care, he more or less looked at me and laughed in
Hart - Grandmother
and Robin had not even been able to see Eain since his 5th birthday in
March and they didn't even know where he lived or a phone number to
call. Nora Brooks, the mother Eain had blocked her Facebook page so
that no one in the family could find her, none of them knew where she
and Robin say that Nora had never been around to witness the abuse that
they say started in January and the Matthew Kuzdzal, her 26 year old
boyfriend had been isolating her from her family and friends. Kyle
didn't fell his son was in a safe environment with Matthew, he was
right because Matthew ended up killing Eain:
smile in your face. Next day, he's beating the kid in the head. Her
was arrested and changed his story several times saying that Eain had
fallen down the stairs while carrying laundry, then he said that while
Eain he had pushed him and he fell and hit his head on the bathtub
because Eain had been misbehaving and had wet his pants.
very easily manipulated was definitely a key factor. I know she's
realized now that she could have done something else"
are currently two ongoing investigations into this tragic death, one
by Child Protective Services, as required by law, and
one a criminal
We are prohibited by law from commenting
on any aspects of this
at this time, or for that matter any other
CPS case. Like all people, we
the passing of this child"
From The County
In his closing arguments, Assistant District Attorney James Bargnesi
called what Matthew had done, wicked and despicable saying that Matthew
had a total disregard for the value of a human life. James spoke for
about 45 minutes before telling the jury:
"The duty you owe to this defendant is no
greater than the duty you owe to Eain
family and the people of Erie County"
The Defense had said there wasn't enough evidence that Matthew had
sexually assaulted Eain and that he had lost patience with the child
and something bad had happened, but he didn't murder him he told the
"Matthew sat in court an innocent man at
the beginning of this trial and sits
here today and
The Medical Examiner testified that fatal injury given to Eain had
required significant force and compared that force to a fall from a 20
story building. Eain had bruises on his back and shoulders as well as
abrasions on his hips as well as injuries in and around his rectum.
Matthew had apparently pushed Eain so hard towards a bathtub because he
had we this pants, that he had fallen backwards and hit his head on the
tub. Matthew had apparently then left to go run errands. James Bargnesi
said that the fact that Matthew had not taken Eain to get medical help
showed that he had a deprave indifference for Eain's life:
"You push a 5-year old
so hard that he hits his head against the tub and suffers
a fractured skull,
knocking him out, leaving him gasping for air and suffering a
seizure and don't call
immediately for help"
Dr. Katherine F. Maloney, Chief Medical Examiner, testified that Eain
died from blunt impact injuries to his head and that since he didn't
get medical treatment, he had died from his injuries. Doctors at Women
And Children's Hospital said that Eain's body temperate was so low
upon arrival, that he must have been dead long before Matthew had
called 911 at 7:30 that evening.
Matthew had admitted that he had done Heroin that day and on a daily
basis, saying that he had pushed Eain before 7:00 p.m. and had spent
about a half hour trying to do CPR on him before he sent a text to Nora
asking her what he should do.
In October of 2014, Matthew
Kuzdzal, by then 27 years old,
was found guilty by a jury after several days of testimony. Matthew was
convicted of second degree murder and predatory sexual conduct of Eain.
State Supreme Court Justice Christopher J. Burns sentenced Matthew to
50 years in prison for what he did to this little Angel.
Robin Hart, who is Nora's mother, said that more could have been done
to help Eain and that his death could have been prevented, she blamed
her daughter and CPS for falling her grandson by not acting on the
complaints that they had been making for about eight months prior to
his death. District Attorney Frank A. Sedita lll would not act on calls
to prosecute Nora for not helping her son:
"Ms. brooks did not
participate in the defendants crimes, did not assist the
defendant in committing
these crimes and was not present when the crimes
Frank said she was not criminally responsible and that there was not
enough evidence to prove she had done any wrong.
Going backwards, in October of 2013, there was a change at CPS when
Mark C. Poloncarz, County Executive fired two Caseworkers and
disciplined two Supervisors in regards to the handling of Eain's case:
"It's sad that there
are children beaten to death in our community and
we need to
do everything possible
to prevent that from occurring"
Mark then made it clear that steps were going to be taken to make sure
that workers took responsibility for their actions. Investigators had
cleared Matthew on wrongdoing in the injuries that Eain had even after
complaints kept coming in. Robing was happy to hear about the changes:
"I can't explain how
happy I am. It is a start, it is a start. They
lost their jobs
but they still need to
answer for it in my eyes. I'm waiting for an
remorse. It won't be
Eain back, but it's the point of it. Stand up and
you did wrong"
Eain's family started a foundation to help
with child abuse awareness: Eain's
Mar. 11, 2008
Sep. 17, 2013
Visitation: 2:00 PM to 4:00 PM, Fri
Sep. 20, 2013
7:00 PM to 9:00 PM Fri, Sep 20, 2013
Sat., Sep 21, 2013
Eain Clayton Brooks, of Buffalo, NY, passed away on Tuesday, September
17, 2013, in Women's & Children's Hospital, Buffalo. He
was born in Buffalo, NY,& on March 11, 2008, the son of Nora
Brooks and Kyle Charette.
attended Gateway Longview School and was in kindergarten at Buffalo
will be remembered for his smile and his loving personality, earning
him the name Love Bug.
enjoyed being with his family, swimming, music and camping.
addition to his parents he is survived by a brother Jaxson
Bangcroft-Billings, two sisters Sophia Virginia Basher and Amillianna
Jade Irene Brooks, his grandparents Robin V. Hart, John Clayton Brooks,
Robert Jackson, Al and Tammie Garcia, great grandparents
Clayton Brooks, Timothy and Carolyn Spring-Baker. He is also survived
by many aunts, uncles and cousins.
family will be present on Friday from 2-4 & 7-9 PM at the RHONEY
FUNERAL HOME, 5893 Hoover Road,
SANBORN, NY, where funeral services will be held at a time to be
may be made in his name to Gateway Longview Foundation, 6350 Main
Street, Williamsville, NY 14221.
at Niagara Falls Memorial Park Cemetery, Lewiston, NY.
in the Buffalo News on Sept. 19, 2013
obituary was found here: Buffalo
News - Obituaries
page was created on December 23, 2014
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