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Posted: Thursday, 31 July 2008 10:47AM

Nine People Charged Following Death of Handicapped Phila. Girl in 2006





KYW Newsradio Team Coverage
   
Nine people, including two current employees of Philadelphia's Department of Human Services, have been charged as a result of a lengthy grand jury investigation following the death of a child.

KYW's Tony Hanson reports that those indicted also include the parents of 14-year-old Danieal Kelly, who died of starvation in 2006, two employees of a private health care agency, and three friends of the girl's mother whom officials say lied to authorities during the subsequent investigation.

The city's Department of Human Services is responsible for caring for children in danger or in need.

Danieal Kelly suffered from cerebral palsy.  She weighed just 42 pounds when she died -- the normal weight for a five or six year old child.  Her body was found in a stifling home in the Mantua section of the city during the heat wave of August 2006 (see related story). 

The grand jury found that she was completely uncared for, and had bed sores all the way to the bone.

The district attorney's office took the unusual step on Thursday of releasing an autopsy photo of the dead girl  (CAUTION BEFORE VIEWING:   EXTREMELY GRAPHIC).

Philadelphia DA Lynne Abraham (right) says the girl had been deliberately neglected by her mother:

"Danieal Kelly's mother had intentiionally, willfully, and deliberately denied her food and drink. In other words, she starved her to death. She allowed her child to waste away for months and months and months, actually rotting as this photograph shows. Think of the excruciating pain and suffering this child must have endured."
  
And Abraham says the social workers who were supposed to be checking on the girl and ensuring her welfare couldn't be bothered to check on her.
 
Abraham says callous, indifferent, unconscionable don't begin to describe their failure to act to protect this child from this unspeakable fate.

Abraham said she hopes the photo showing the condition of the girl will lead to public outrage and to changes in the long-troubled Department of Human Services -- possibly even a state takeover of the agency which she says is "in meltdown" and tried to cover up crimes in this case.
 
The grand jury recommended a charge of murder against Andrea Kelly, the mother, and endangering the welfare of children against Daniel Kelly, Danieal's father.  Two DHS social workers, Dana Poindexter and Laura Sommerer, are charged with endangering the welfare of children and recklessly endangering another person. 

Mickal Kamuvaka, who directed the private agency MultiEthnic Behavioral Health, and one of the agency's employees, Julius Murray, are charged with involuntary manslaughter, endangering the welfare of children, forgery, and other related offenses.  
 
Poindexter, Kamuvaka, and three friends of Andrea Kelly are also charged with perjury.
   
Read the entire grand jury report (Acrobat required)

   
KYW's Mike Dunn reports that the grand jury and the district attorney had scathing words for every level of DHS management.

DA Abraham said some of the very same problems that the grand jury found at the agency were spelled out in a report issued more than 20 years ago:

"Nothing has changed.  Nothing has changed.  So you have to be pessimistic if over 20 years and several mayors -- up to but not including Michael Nutter -- that nothing essentially has changed, and more children keep dying and being neglected."

So Abraham wants the state public welfare commissioner to assume control of DHS rather than issue it more licenses to operate:
 
"DHS has to be reined in, overhauled.  There has to be discipline, there has to be strict record accountability.  There's can't be licks and promises."
  
But a spokesman for Governor Rendell says that while the state will continue to monitor the situation with DHS, the governor believes that the new Nutter administration should be given an opportunity to make changes.

Philadelphia's Department of Human Services underwent a reorganization two years ago in the wake of news reports of widespread problems within the department (see related story), some of which led to the deaths of children.

KYW's Mark Abrams reports that the Mayor, who is out of town, released a prepared statement after being briefed on the grand jury's report.

Mayor Nutter says he is outraged at the events and says "the treatment Danieal Kelly endured was utterly reprehensible and I condemn those responsible in the strongest possible terms."

Nutter says he is shocked and outraged by allegations DHS employees refused to perform their duties, neglected the teen's case, failed to check on her condition and falsified reports.

Nutter says he signed an executive order in January reconstituting a community oversight board to monitor DHS progress on reform of its operations.




 


 
 
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