Breanna Marie Courtney Loveless
May 22, 1995 - February 21, 1996
Just three short years after the publicized settlement
agreement made
by the state of Utah and Governor Mike Leavitt
SHOULD
have been
protecting her, nine month old Breanna Loveless
died a slow, painful,
tortured death. Breanna suffered through nose and
ear infections, diarrhea, facial bruises, broken arms, a broken leg, a
broken clavicle, many contusions and abrasions on her face among many other
things.
According to what Bobbie Dawn Wittison says, on
February 21, 1996,
she and her then boyfriend, Travis Wittison put
Breanna to bed at
about 9:30pm and then went to another apartment
to play video
games. They claim to have checked on Breanna several
times during
the hours that they were out of the apartment.
Travis says he returned to the apartment at about
12:10am and found Breanna face down in her crib, covered with several blankets.
Travis
said her lips were blue and she was not breathing.
Paramedics were
called and when they arrived, found Breanna cold
and rigor mortis
had already set in and was advanced. Breanna had
been dead for at
least two hours. The pattern of lividity showed
that Breanna had been
on her back, not on her stomach as Travis had said.
Travis tried to
say that she had accidentally died of asphyxiation,
obviously, that was not the truth.
Evidence would show that Breanna had suffered at
least four weeks of
torture at the hands of her mother and her mothers
boyfriend. During
the time she was tortured her arms were fractured
from being twisted
and jerked as well as her tibia. Breanna's collarbone
was broken from
a direct hit she took to it. On her body were over
30 bruises and of
those, only two could have been accidentally. Most
of the bruises were typical of abused children.
Breanna had evidence that her upper frenulum had
been repeatedly
torn and she had damage to her lower gums typically
seen when a
baby is force fed. Her left ear was pulled away
from the scalp and she
had open sores that were said to have gone far
beyond what would
be typical diaper rash. Breanna's half sister said
that she spent most
of her time in her crib and that the only times
she was taken out was
when she was fed or when they all went somewhere
together.
The Assistant Utah Medical Examiner ruled Breanna's
death caused by
Pneumonia and the manner of death was listed as
undetermined.
Bobbie Wittison had called the Medical Examiner
no less than four
times to try and convince him that Breanna had
not died from abuse,
that she had died from various diseases that were
discovered when
she had read Breanna's medical records.
Bobbie was convicted of murder and six counts of
child abuse and
Travis was convicted of three counts of child abuse.
Each of them
wondered how they could have been convicted in
a case of a child
dying from Pneumonia. Doctors Harry Wilson and
Robert Kirschner
were happy to shed some light onto that subject.
At times, a Pathologist is faced with a case of
a dead child who has
obvious injuries caused by abuse, though none of
the visible abuse
is identifiable as a fatal injury. There are two
groups these cases can
fall into. One is those with accompanying evidence
of neglect or
contributing disease process and those with no
identifiable factors that contribute to the death.
The other is more difficult. A child can show multiple
injuries that are
consistent with abuse which was inflicted several
days before the child
died. The cause of death can be Pneumonia or some
other kind of
infection, however, no direct link is identified.
Many of the children
have been chronically abused and injuries that
have already healed or
are in the process of healing are clearly seen.
An experienced Forensic Pathologist can spot the
relationship of the
injury to the fatal disease. The abuse a child
suffers can cause so
much stress that their immune system is shut down
or slowed down
and their resistance to infection is affected.
Deaths in children who
are abused though none of the noticeable abuse
is the actual cause of
the death such as described above, are labeled
homicides since the
child would probably not have contacted the infection
or died if there
had not been abuse in the first place.
Dr Kirschner testified at trial that in his opinion,
Breanna would not
have gotten pneumonia if she had not been abused
and if she had not been abused, she would not have died. He said the cause
of her death was child abuse. Breanna's death is one that fits into the
definition of
felony murder, in most states. If a death happens
as a result of a
child being abused, in most states, it is not necessary
for prosecutors
to establish the risk of death involved with child
abuse. All that they
have to do is prove that the abuser intentionally
or knowingly was a
participant in the act of child abuse. This was
the case with Bobbie
and Travis. All that was needed was for prosecutors
to show that they abused and tortured Breanna intentionally. It was not
necessary to
prove that they knew she would die from the abuse.
Officials from the State Of Child And Family Services
had been told
about what was happening with Breanna, yet, nothing
was done to
save her. Ricky Sanders, Breanna's biological father
and his mother,
Maradeen Sanders had taken Breanna to the emergency
room on
January 12, 1996. Breanna had a severe nose condition
and constant
diarrhea. She was also suffering from a blistered
diaper rash and she
had bruises on her face. Pamela Goodrich, a caseworker
with DCFS
said that their complaints were unfounded and didn't
consider what she saw to be child abuse.
About a month later, Breanna was taken back to the
emergency room. At that time she was found to have a broken clavicle, an
untreated ear infection and numerous bruises and lacerations which were
shown to be in different stages of healing. Once again, Pamela Goodrich
sent Breanna home with her mother. There were two days of regular visits
into their home and then Bobbie refused to allow Pamela into their home.
Breanna would die that week.
Charges were filed against Bobbie and Travis for
first degree murder
and multiple counts of second degree felony child
abuse. Rob Parrish, the prosecutor said that DCFS could have prevented
the death of
Breanna. On May 15, 1998, a jury took seven hours
to deliberate and
then found Bobbie and Travis guilty of murder.
Bobbie was also found guilty on six counts of child abuse and her sentence
was a measly 1 to 15 years in prison. Travis was found guilty and sentenced
to 0 to 5
years in prison. What the heck? Zero to five years
for killing a baby?
"It was a preventable death. There was clear
child abuse
but they didn't see it until it was too late
and that was
due to inadequate training, improper procedures
and confusion"
Rob Parrish
Ricky Sanders filed a lawsuit in May against Bobbie
and Travis, the
Attorney General, the state Department Of Human
Services which is
the overseer of DCFS and finally, against Pamela
Goodrich. The
amount he sued for was $5 million dollars and he
claimed that DCFS
knew what was going on with Breanna and the abuse
she was going
through and they did nothing to stop it. HE'S
RIGHT!

It was found that Bobbie Wittison had tested positive
for drugs, which was in part explained by the fact that she was was using
prescribed
drugs. However, papers state that she tested positive
for opiate and
bensodiasopine. She explained that she was taking
the pain killer
Lortab and that was how she tested positive for
Opiates. She had no
explanation for why she tested positive for bensodiasopine.
Even
though she tested positive, Breanna was still released
to her.
Pamela Goodrich was blamed for not telling the police
about Bobbie
testing positive for the drug. A bigger picture
paints the truth, Pamela
CLEARLY knew little about how to recognize
when a child was being
abused. Pamela was also ignorant of correct procedures
of when a
child could be removed from a home and she was
lacking in proper
training. Pamela believed that the court had to
become involved in
order for a child to be removed from a home.
In a letter dated March 5, 1997, Pamela Goodrich
resigned from her
position with DCFS. Pamela said that the death
of Breanna's was
the very deepest sorrow that she had ever known.
Pamela said in her
letter to Governor Leavitt, that she and her supervisor
had both made
written comments to ensure that the unit they worked
in would be
trained better on child protection services and
issues in the future.
This came after the fatality review of Breanna's
case was completed.
Pamela said that the when she received a new supervisor,
the review
of settlement and training suddenly became haphazard.
When she
went to the new administration about this, she
was reprimanded for
being a burned out social worker. In the last line
of her letter she
said:
"It would be very wrong if that child's death
did not serve
as a lesson to our agency in ensuring that
caseworkers
are well trained"
Pamela received a letter back, though not from the
Governor. The
letter was dated May 16, 1997 and denied any deficiencies
in the
department. The letter also said that it is important
for all division
employees to perform their duties in a professional
manner. Also in
the letter it said that the department was committed
to making sure
that all employees receive the training that they
need to be competent in their jobs. Included in that was a walk through
system training
program that would take place once a month for
new and even more experienced workers.
Rob Parrish disagrees saying that the increased
number of fatality
reviews prove that the employees are not learning,
not from the death of Breanna or the deaths of children who have died after
her.
In the case of Breanna, protected documents, which
are documents
that are never meant to be seen by the public,
said that there was
some confusion between Pamela and the Assistant
Attorney General,
David Tibbs. There was a failure of communication
between the two
and each of them though the decision was up to
the other. The paper
also showed that caseworkers feel that they are
being second guessed
a lot and are not willing to make decisions on
their own, they just
leave it up to someone else. In the case of Breanna
and many other
children, it costs them their lives.
Governor Mike Leavitt claims that Utah's DCFS is
a role model for
DCFS in other states. However, since 1994, 49 children
have died in
Utah and the year before Breanna died, brought
on 20 of those deaths of children. This was while Mike Leavitt was announcing
the DCFS
success of their new overhaul program. The National
Center For
Youth Law, which is based in San Francisco, filed
a lawsuit against
Mike Leavitt and the state of Utah for their failure
to protect children
in the foster system as well as children who were
reported as being
abused and neglected.
DCFS says that even with more money and a new director,
the system is dysfunctional and puts what they call "family" before protection
of
the children in their custody. Over five years
after the U.S. District
Court for Utah had forced Mike Leavitt to come
to an agreement with
NCYL, the legal battle was not over. NCYL wanted
the settlement agreement to be extended for two more years in order to
keep Utah
and DCFS under the watchful eye of the Federal
Court and attempt to
stop the deaths of other children.
Mike Leavitt and the Utah Attorney General, Jan
Graham, wanted the
agreement to be over with on the expiration date.
Mike Leavitt had
gone on record as saying that the San Francisco
group was only after
their $200. an hour fee:
"We're spending our money to care for
children,
and we'd like not to spend our money on lawyers"
Mike Leavitt
Utah had spent over $100. million dollars over the
four years prior
to the death of Breanna, on DCFS. About half of
that money comes
from the federal government under the condition
that Utah would
operate their child welfare system according to
the law. Reports said
that about two decades after the Federal Child
Welfare And Adoption
Assistance Act of 1980, Utah was STILL out
of compliance with
federal mandates. That means that Utah is NOT
caring for children
who are in their system as foster children or other
children who are
at risk of being abused and neglected. Utah apparently
had only
49% more administrators and 69% more case workers
to show for
the efforts. However, children are still dying.
What are all of the new
employees doing with their time? NOT protecting
children, that's for
sure!
DEATH: BREANNA LOVELESS
Published: Sunday, Feb. 25, 1996 12:00 a.m.
MST
Breanna Marie Courtney Loveless, 9 months old, died
February 22, 1996 at Delta.
Born May 22, 1995 at Delta to Ricky Lee Sanders
and Bobbie Dawn Loveless Wittison. During Breanna's short life she was
truly the love of her sisters' lives. She will be greatly missed by all
who knew her. Survived by mother, Delta; father, Hinckley; sisters: Jauna
Janae Wittison and Crysten Wittison, both Delta; grandparents: Elaina Jackman,
Lynndyl; Mike Loveless Sr., Salt Lake City; Claude and Meridean Sanders,
Hinckley; great- grandparents: Roland and Carla Larsen, Lynn and Iva Dee
Loveless, Sylvia Davis, all Salt Lake City; uncles: Russell Larsen, California;
Mike Loveless Jr., Delta.
Funeral services Monday February 26, 1996 12:00
Noon at Nickle Mortuary, 190 South Center, Delta. Friends call at Mortuary
Monday 11-11:45 a.m. Burial Delta Cemetery.
.
For information about preventing
child abuse in the state of Utah, click the links below. If they can't
help you, ask for someone who can. NEVER give up looking for help
for an abused child!
Call this number to report
child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453

 
.
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