Charges in Drowning

5 July 2009 – Las vegas, NV, USA Las Vegas Police have charged Raven Gibbons, 24, on charges of second degree murder of her five-year-old daughter D’Amber Myles who had cerebral palsy and who drowned in the bathtub on June 30, 2009. She is also charged with child neglect with substantial bodily harm. No bail has been set. Video report available from KVBC News 3.

Nebraska Institution Fails to Implement Agreement

2 July 2009 – Lincoln, NE, USA The Omaha World-Herald reported today that Nebraska State Senator Steve Lathrop, who is chairing the legislative committee in responsible for overseeing changes at Beatrice State Developmental Center, is concerned about the Nebraska’s failure to comply with the agreement to implement change that was put in place one-year ago in the wake of the death of Olivia Manes, an 18-year-old resident of the institution. Senator Lathrop’s concern that efforts to address problems at the institution are moving too slowly was expressed two days after John McGee, the independent expert appointed to the monitor the agreement, issued a report concluding that Beatrice State Developmental Center had failed to comply. The agreement was developed in an effort to hold off a lawsuit filed by the U.S. Department of Justice.

The National Prison Rape Report

Washington, DC, USA – 23 June 2009 The sexual abuse of people with disabilities in jails and prisons is a serious and common problem. It may be committed by other prisoners or sometimes by guards or other staff. In some cases, it is ignored or tolerated by staff and administration.

Plea to a lesser charge

28 June 2009 – Great Falls, MT, USA Summer Many White Horses, who had been charged with murder in the death of her son, James “Hymie” Many White Horses, pleaded guilty to negligent homicide. Hymie Many White Horses was two years old and had been diagnosed with autism.

Inmates’ suit claims sexual assault

26 June 2009 – Tulsa, Oklahoma, USA Four female former inmates of Delaware County jail, have filed a lawsuit claiming that they were sexually assaulted by jailers. One of teh four is alleged victims is described as “mentally disabled” in papers filed in the court.  The inmates’ claims include rape, other forms of sexual assault, death threats, and claims that initial complaints were covered up rather than properly investigated.

Unfit to stand trial

26 June 2009 – Adelaide, South Australia Seventy-six year-old Frank Harton has been ruled unfit to stand trial for the attempted murder of his 47-year-old son, Christopher Harton, who was described as “mentally disabled.” He was accused of shooting his son in the face at close range last February. According to the Independent Weekly:

Restraint Report & Feedback

Campaign advertisement from National Autism Organization. Click image for more information

24 June 2009 – Washington, DC, USA It has been a bit over a month now since the U.S. Government Accounting Office released its report Seclusions And Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers (GAO-09-719T May 19, 2009. Although the report was not restricted to special education classrooms or to students with disabilities, the study found almost all the cases identified involved the restraint of students with disabilities. A PDF of the full report can be downloaded from the GAO. The Goals of the report were to:

(1) provide an overview of seclusions and restraint laws applicable to children in public and private schools,

(2) verify whether allegations of student death and abuse from the use of these methods are widespread, and

(3) examine the facts and circumstances surrounding cases where a student died or suffered abuse as a result of being secluded or restrained.

Another Charity Hoax Alleged

17 June 2009 Adelaide, South Australia Police raids on several properties were carried out as a result of a six-month investigation into what appears to have been a major fraud.  As reported on Adelaide Now:

Transportation Blues

17 June 2009 – Here and There Here are some recent stories in the news about discrimination and abuse in transportation of people with disabilities.

10 June 2009 – Solihull, Scotland Solihull News.Net reported that a 17-year-old wheelchair user was refused access to a bus by a driver who claimed that electric wheelchairs are not allowed on buses, in spite of the fact that the bus was specially modified for wheelchair use, and the bus displayed a special wheelchair access sign. The bus company has apologized and indicated that they are investigating the incident.

10 June 2009- Grimsby, UK The Grimsby Telegraph reported that a woman and her son who was in a wheelchair were refused access to a bus because the bus driver told them that the space clearly marked “Please give up this space to a wheelchair user” was taken up by a baby stroller. The driver claimed that in spite of the sign baby strollers take priority. When the woman insisted, the bus driver threatened to call the police.

9 June 2009 – Allegan County, MI, USA Former School bus driver Eugene Shingle, 75, pleaded guilty to second degree criminal sexual conduct and admitted to sexual abuse of an 11-year-old girl with a developmental disability. According to the Holland Sentinel, his plea to reduced charges included his confession last month:

While I was driving (the girl) to her home I touched her through her clothing on her breasts,” he said. “I did this for my own sexual gratification, and I knew I was wrong, but I did it and I regret what I did and I am truly sorry.

Shingle was scheduled for sentencing on June 12, but sentencing has been delayed.

30 May 2009 – Edmonton, AB, Canada As previously reported on icad, an Edmonton paratransit driver was sentenced two two years in prison and will be required to register as a sex offender for sexually assaulting a 31-year old passenger described as “mentally disabled” and “extremely vulnerable”

26 May 2009 Calgary, AB, Canada A defense attorney argued that a 49-year-old paratransit driver did not act illegally when made advances toward a passenger who had severe cerebral palsy and was strapped into his vehicle. The accused, Francis Colin Harvey, admitted to violating policy, but denied that he committed sexual assaul when he fondled the passenger. Although the woman required a “translator” in court due to her impaired speech, Harvey testified that her communication was clearer at the time of the incident. See C-News for more on this.

Danieal Kelly Update

15 June 2009 Philadelphia, PA, USA A  former employee of MultiEthnic Behavioral Health has pead guilty to charges that arose in the wake of the 2006 starvation death of Danieal Kelly, a 14-year-old girl with cerebral palsy. Two additional former staff of the agnecy have agreed to plead guilty and it is expected that all three will testify for the prosecution against other coworkers. Andrea Kelly, Danieal’s mother plead guilty to third degree murder in April, 2009 and  has been sentenced to 20 to 40 years in prison.

Not Competent to Consent

15 June 2009 Dunn County, WI, USA One of the most common issues in trials on charges of sexual assualt against victims with disabilities is consent. Did the issue consent? Was the victim capable of consent? Was the alleged offender aware that the victim lacked the capacity to consent under the conditions at the time? The defense that the alleged offender honestly believed that the victim consented is a common one, but this question played out in an unusual manner in a recent trial in Dunn County, WI.

A personal note

15 June 2009 – Edmonton, AB, Canada This is a a quick note from the icad editor.  I am sorry that icad has been mostly inactive for several weeks. This has been the result of being too busy with family issues, in part due to a flurry of activities brought about by receiving a definitive diagnosis for our son’s disability after 18 and a half years of not having a diagnosis. I hope to have icad back to normal within a the week. Thanks for your patience.

Texas Abuse Statistics

14 June 2009 – Austin, TX, USA The Associated Press obtained information regarding abuse, neglect and other conditions at Texas’ large institutions for the people with mental and developmental disabilities. During 2008, 268 employees were suspended or fired for maltreatment of residents, bringing the number to about 1100 for the last five years. The number of cases was up from 239 in 2007.

Irish Inquiry on Abuse

27 May 2009 Cappoquin, Ireland The Irish Times reported on the report of the Commission to Inquire into Child Abuse.  The report, which uses aliases to avoid identifying individuals investigated abuse at Saint Michael’s Child Care Centre run by the Sisters of Mercy.

Another Paratransit Driver Sentenced

29 May 2009 Edmonton, AB, Canada Another Edmonton paratransit driver has been sentenced for sexual assault.  Awil Omar Mohamoud, 45, has been sentenced to two years in prison, been required to register as a sex offender for the next 20 years, and has been required to submit a DNA sample.