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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