Judge reviews evidence in DeLeon case: Okanogan County jury willuse to decide the fate of former foster mother Carole Ann DeLeon.

Judge reviews evidence in DeLeon case

Thomas Clouse
Staff writer
June 29, 2007

http://www.spokesmanreview.com/break...y.asp?ID=10502

COLVILLE – Attorneys engaged in verbal battle Thursday as they shaped
the evidence that an Okanogan County jury will use to decide the fate of
former foster mother Carole Ann DeLeon.

DeLeon, 52, cried several times as her attorney, Carl Oreskovich, tried
to limit what evidence the prosecution could use in its attempt to
convict her of criminal mistreatment of one her former foster sons and
homicide by abuse for the 2005 death 7-year-old Tyler DeLeon.

Oreskovich asked Superior Court Judge Al Nielson to exclude any evidence
that shows the long list of injuries Tyler suffered, including
knocked-out teeth, a laceration to the face, a spiral fracture of his
leg and numerous incidents of bruising.
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That evidence is not relevant, Oreskovich argued, because it doesn’t do
anything to explain the state’s allegation that Carole DeLeon tortured
Tyler by essentially starving him to death.

“So, my concern is we have all kinds of speculation from all these
(Child Protective Services) referrals and all kinds of speculation about
how he got these injuries,� Oreskovich said. “We have a danger of a jury
feeling sympathetic to the victim.�

But Deputy Stevens County Prosecutor David Turplesmith said that Tyler’s
injuries are necessary to show the totality of his short, tortured life
even if Carole DeLeon is not charged with causing those injuries.

“It’s circumstantial evidence to extreme indifference,� Turplesmith
said. “These constant injuries … are part and parcel to Tyler’s life.
All the evidence taken together shows torture. The torture started from
the day he set foot in her home and continued until the day he died.�

Tyler died Jan. 13, 2005, which was his 7th birthday. On that day, Tyler
scratched his way out of a screen window of DeLeon’s rural home outside
of Deer Park so he could get at snow to drink, according to court
records. The autopsy showed Tyler died of severe dehydration and weighed
only 28 pounds when he died.

DeLeon, a former paralegal with the U.S. Attorney’s Office in Spokane,
is also charged with criminal mistreatment of a boy identified in court
as Steven Miller. Authorities say Steven gained 18 pounds and grew 2½
inches in the four months after he was taken from DeLeon’s home in
October 2004.

As for Tyler’s injuries, Nielson gave a split decision. He agreed that
Turplesmith and Prosecutor Tim Rasmussen should be able to tell the jury
about any injuries Tyler sustained from DeLeon or while he was in her
care. But Nielson said the prosecutors must exclude any physical
injuries Tyler suffered while under the supervision of others.

Oreskovich further argued that the homicide by abuse charge should be
dismissed against DeLeon because the state has failed to provide
specific examples required under the statute to show a pattern or
practice of DeLeon preventing Tyler from having water or food to the
point where it became fatal.

“What are the specific acts and when did they occur that constitute this
pattern or practice … so I can defend my client,� he said. “We ought to
know going into a three-week trial what are the acts. If they can’t tell
you, then maybe we shouldn’t go forward on this charge.�

Judge Nielson denied Oreskovich’s request, saying it’s normal in cases
such as this to only get snapshots of Tyler’s life through witness
accounts and medical records.

“This is a unique case where the state alleges the child was starved to
death,� Nielson said. “It is almost the definition of torture … when any
human being is treated that way. I think the state has made a proper
showing.�

Nielson previously granted a request for change of venue. A jury will be
selected in Okanogan starting on July 16 and then transported to
Colville for the actual trial.

Among witnesses listed to testify are two other children, now adults,
who allege a similar pattern of abuse at the hands of DeLeon. Although
DeLeon is not being charged with their abuse, their testimony is being
allowed to show a common scheme or plan.

Amber Lynn Daniels, now 18, is expected to testify about how she lost
roughly 73 pounds during the two years she lived in DeLeon’s home.
According to court records, DeLeon prevented Daniels from getting water
even when she was working outside. She “had to drink out of the dog bowl
to get water,� according to court records.

Mary Shuhart Dees lived with DeLeon in Wyoming and moved with her to
Nine Mile Falls in 1988. Nielson will allow her to testify about how
DeLeon deprived her of food and in one case ordered her to eat goat food
that she spilled.

But the judge won’t allow Shuhart to describe allegations that DeLeon
tied her hands to keep her from getting out of bed to eat.

However, Nielson on Thursday approved a request by Turplesmith to allow
a witness to describe how DeLeon admitted tying Tyler’s hands so that he
would stop tearing at the stitches of a recent injury.

DeLeon began to cry when Oreskovich described what he called a
“frustrated moment� by his client on April 23, 2004, when she made a
statement to a second-grade teacher after Tyler apparently had defecated
in his pants.

“If I ever started beating him he would be dead because I wouldn’t be
able to stop,� DeLeon said, according to court records. “I want to beat
him with a stick, I want to beat the ever loving daylights out of him;
but being covered in **** is the saving grace, otherwise I probably
would beat the **** out of him.�

Oreskovich asked Nielson to exclude any reference to the statement
because the state has no proof that DeLeon ever carried out the assault.

“It is going to invite the jury to speculate as to her intent,�
Oreskovich said. “It’s one statement made in a vacuum that is prejudicial.�

Turplesmith said the statement is an example that shows DeLeon’s
“extreme indifference.

“There is really no reason it shouldn’t come in other than it doesn’t’
make the defendant look good,� Turplesmith said. “That isn’t sufficient
justification� to exclude it.

Nielson agreed.

“It goes to show a reckless state of mind,� the judge said of DeLeon’s
alleged outburst. “I will admit the statement.�

Thomas Clouse can be reached at (509) 459-5495 or by e-mail at







CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NATIONAL
SECURITY AGENCY/CENTRAL INTELLIGENCE AGENCY WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...