How Could You? Hall of Shame -Kathleen Ganiere/Braxton Taylor case UPDATED-Child Death

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Virginia Beach, VA, Kathleen Ganiere’s trial has been delayed to at least April. She “facing a second-degree murder charge in the death of 9-month-old Braxton M. Taylor.” According to authorities,one year ago, the baby boy died from shaken baby syndrome.

Trial Begins for Virginia Beach Woman Accused in Death of Foster Child

[WVEC.com 2/7/11]

Update: Kathleen Susan Ganiere, 30, pled guilty to voluntary manslaughter in a plea deal to reduce the second degree murder charges. Two child abuse charges also were dropped in exchange for the plea deal. Formal sentencing is scheduled for September 14, 2011. Her sentence could be 1 to 10 years for voluntary manslaughter instead of 5 to 40 years if she had gone on trial for second degree murder, according to WKTR.com.

Braxton was only in her care for four months.

WAVY.com reports that “According to the Commonwealth’s evidence, Ganiere and her husband became foster parents to Braxton Taylor, a 7-month-old healthy child, in November 2009.

For the first seven weeks, Braxton did well with her and her husband. Ganiere’s husband stayed home with Braxton and the defendant for the first two months using terminal leave from the Navy, Bryant said in a news release.

The defendant’s husband left for San Diego on Jan. 31, 2010 and returned just after midnight on Feb. 5, 2010. During that time period, Ganiere was the sole care provider for Braxton. Prior to him leaving, Braxton was able to sit up and would engage people with his eyes and reach for things.

When the defendant’s husband returned from San Diego and got a chance to interact with Braxton he began to cry. Braxton could no longer sit up, and was unable to fix his eyes on things and follow things with his eyes. He would also shake for hours at a time.

On Feb. 6, Ganiere was home alone with Braxton. He ceased to breathe and was rushed to the hospital.

Upon examination at the hospital, he had the following injuries: cauliflower ear, a bruised groin, bruised testicles, and a subdural hematoma.

Braxton weighed less upon admission to the hospital than he weighed during his six month baby check-up in Oct. 2009, Bryant said.

Dr. Gunther, of the medical examiner’s office, would have testified that he had brain swellings as a result of shaking and that this would have caused his brain to fill with blood.

This ultimately led to his death on Feb. 7, 2010”

WVEC reports “Jury selection began Wednesday morning but then Ganiere entered the guilty plea.

If convicted on all counts, Ganiere could be sentenced to a maximum of 55 years, according to the Commonwealth’s Attorney office.”

Foster mom pleads guilty to killing infant
[WAVY.com 6/1/11]

Va. Beach woman pleads guilty in death of foster child
[WVEC.com 6/1/11]

Virginia Beach Woman Pleads Guilty to Shaking Her Foster Child
[WKTR.com video 6/1/11]

Update 2: Kathleen receives maximum sentence of 10 years for the charges that she pled too. She was facing up to 55 years if she was convicted of all charges that were initially filed.  See the infant Braxton at age 6 months in his teddy bear Halloween costume  in the photo at the following link:Foster mom gets 10 years in Virginia Beach infant’s death [Hampton Roads 11/2/11 by  Kristin Davis/The Virginian- Pilot]”For the first seven months of his life, Braxton Taylor thrived.Born to a drug-addicted mother whose other children were already living among relatives, Braxton went to live with longtime foster parents Ben and Sarah Fitzpatrick when he was 3 days old.”Braxton was an angel. Very easy to care for. Very content,” Sarah Fitzpatrick testified Wednesday in Circuit Court.

But three months after he left their care, the baby was dead, shaken to death by his second foster mother, 30-year-old Kathleen Ganiere.

Judge Patricia L. West on Wednesday sentenced Ganiere to the maximum 10-year prison term for voluntary manslaughter, exceeding sentencing guidelines that called for no jail time and even the eight years the prosecution had sought.

“I don’t need an expert to tell me something horrible happened to that child,” West said. “He was a baby who never had a chance once he was with Ms. Ganiere.”

Braxton’s Life-the Timeline in Foster Care

“The infant suffered from acid reflux that caused him to spit up, Sarah Fitzpatrick testified, and his hands had quivered on and off those first weeks.

He was an otherwise normal baby, she said. Braxton had been born with no drugs in his system.
Another photo shows Braxton at 6 months – just before he went to live with Ganiere and her husband, Brian Kezer, in November 2009.”

“The Fitzpatricks decided it would be best for Braxton to move to a home where he was more likely to be adopted, Sarah Fitzpatrick testified. The Fitzpatricks have eight children, six biological and two adopted, including a child with a spinal condition that required surgery.

When Braxton was admitted to the hospital just before his death, the 10-month-old weighed less than he did at his 6-month checkup, according to a stipulation of facts in the case. His testicles were crushed, and his groin, abdomen and ear bruised.

Kezer had spent five days away from home prior to that, leaving Braxton in Ganiere’s care, the stipulation said. When Kezer returned, Braxton no longer could sit up, would shake for hours at a time, and would not focus his gaze, it said.

While alone with Ganiere the morning of Feb. 6, 2010, Braxton stopped breathing. A day later, he was pronounced dead. His brain had swelled from being shaken, the stipulation said, and filled with blood.

Ganiere was charged with second-degree murder and felony child abuse but pleaded guilty to the lesser voluntary manslaughter charge in June.

At Wednesday’s sentencing, Deputy Commonwealth’s Attorney Scott M. Lang asked for an eight-year sentence plus probation. He said Ganiere had expressed no remorse and told authorities she didn’t know what happened to Braxton but she must be responsible because it happened while he was in her care.

“He was helpless, defenseless, he deserved better,” Lang said. “There is a dead child, and people’s lives have been ruined.”

Ganiere’s Statements

“Before West pronounced her sentence, Ganiere stood at the defense table and read from a note.

“I wish I could go back,” she said, between sobbing sounds. “I would change everything that I did. I never meant to hurt Braxton. I don’t know what happened but I know it was my fault…. I loved Braxton…. The pain of his death is with me every day. God have mercy, I am so sorry. I wish I could go back and change everything I did.”

West, in turn, read statements Ganiere made to police after the baby’s death.

Ganiere told them she did not know she was receiving a special-needs baby, she didn’t want a “vegetable,” and she “was not a dumping ground for kids no one else would take,” West read.

“Those statements make me sick.”

Update 3: Information about biological parent lawsuits against city and foster parents is shared in a new article.

“Kristen Wall, 30, says she alerted a social worker of possible abuse during a supervised visit with her son days before he died. She noted numerous bruises on his head and back, but she says no action was taken.

“The social worker brushed me off,” Wall said in an interview Friday with The Virginian-Pilot.
Her remarks came a day after a TV news report raised questions about the city’s handling of the case.
Robert Morin, the city’s Human Services director, was unavailable to comment on the allegation. He told WTKR-TV his department hadn’t done anything wrong.

Wall, however, says social workers should have known something wasn’t right and stepped in.
She first made the claim nearly a year ago, before the criminal trial, in a pair of wrongful-death lawsuits filed against the city and her son’s foster parents. Wall and Braxton’s biological father, Ralph M. Taylor Jr., are seeking damages totaling more than $6.1 million.

Both civil suits are pending. The City Attorney’s Office filed a motion this week to keep the Human Services case file sealed, citing confidentiality laws.

Wall, who has a lengthy criminal record, gave birth to Braxton in April 2009 as she was preparing to face numerous drug-related charges. He was placed in foster care while Wall worked on her drug addiction, according to court records.

The boy thrived for seven months living with his initial foster parents, according to court testimony. But three months after he left their care, he was shaken to death by his second foster mother, 30-year-old Kathleen Ganiere.

She pleaded guilty to voluntary manslaughter last year and was sentenced to 10 years in prison.
When 10-month-old Braxton was admitted to the hospital just before his death, he weighed less than he did at his six-month checkup, according to a stipulation of facts in the criminal case. His testicles were crushed, and his groin, abdomen and ear were bruised.

Two weeks earlier, Wall said, she noticed injuries during an hourlong visit with her son at the city’s Human Services office. Wall said she asked the caseworker supervising the visit about bruises on the baby’s head and back and a gash on his lip.

The injuries are apparent in photos of Wall posing with her son during the visit. The foster mother told the social worker the boy had fallen, causing the bruises, Wall said.
“I told her something wasn’t right,” she said.

Wall’s attorney, Robert Haddad, said he hopes a judge will order the city to unseal the boy’s case file. It should include documentation of Wall’s short visit and her concerns, as well as what steps were taken to investigate, he said.

“It should have some answers.”

Biological mom says she raised flag over son’s bruises
[Hampton Roads 2/4/12 by Mike Hixenbaugh]

REFORM Puzzle Pieces

If the social worker ignored the biological mom’s concern of bruising, then the process of investigating complaints in postplacement needs reform.

Will the lawsuits bring accountability for the actions of the agency and foster parents?

Update 4: “The director of Virginia Beach Human Services, who at first said there was no reason for an internal investigation after the death two years ago of foster baby Braxton Taylor, today said he would ask the state social services commissioner for a review of the case “to make sure this never happens again.”

While he did not concede any fault or blame, Robert Morin Jr. said he would call Virginia Department of Social Services commissioner Martin Brown Tuesday afternoon. Morin said they would discuss several changes to local policy, including:

*Requiring investigators to examine a foster child’s injuries, instead of leaving that to foster-care counselors

*More forcefully challenge foster parents to explain injuries

*Expand training for all staff members on recognizing abuse and neglect

*Increase the number of social-services workers who are trained to spot abuse

Morin’s statements came as NewsChannel 3 prepared to ask him about his 2002 resignation from Florida’s child-welfare department. News accounts show Morin was one of several Florida directors who resigned amid a foster-care scandal that included missing children, and charges social workers falsified records of home visits.

Morin said he was brought into Florida as a “troubleshooter” to improve performance and conditions in his district, and he says he did exactly that. He said when Fla. Gov. Jeb Bush ousted the child-welfare secretary during the scandal, the new appointee elected not to renew several directors, including Morin. He said it had nothing to do with his performance.

Morin’s proposed changes in Virginia Beach address several concerns that surfaced in a three-month NewsChannel 3 investigation. The investigation showed social workers on at least two occasions saw Braxton was bruised and cut, but accepted explanations from foster mother Kathleen Ganiere that the baby fell down a lot.

A picture of Braxton, taken in the Human Services building barely two weeks before he was killed, show his head bruised, his eyes sunken and his lips cut. Ganiere later pleaded guilty to shaking Braxton to death. Doctors at CHKD told Braxton’s family the signs of abuse were obvious, and an autopsy pinpointed several fresh and older abuse injuries.

The director on Tuesday also said he was mistaken in an earlier interview with NewsChannel 3 when he indicated there had been no changes to policy or procedure because of Braxton’s death.

He provided a memo from Cheryl Williams, Adult and Family Services Administrator, requiring once-a-week visits with foster children, instead of once a month. The memo also outlines more stringent injury-reporting requirements.

The memo was emailed by city spokesperson Marc Davis today. In December, NewsChannel 3 sent an open-records request to Morin for all documents related to Braxton’s case. That letter was forwarded to the city attorney’s office. In a series of letters and emails, the city attorney and his staff said all documents were secret.

Reached at her home, Braxton’s first foster mother, Sarah FitzPatrick, said it shouldn’t have taken the death of a baby and pressure from NewsChannel 3 to bring about these changes. Sarah and husband Ben cared for Braxton seven months before he was transferred to Ganiere, a first-time foster mother.

The couple agreed to tell their story to NewsChannel 3 to expose what they saw as fatal flaws in the city’s social services system. Braxton’s grandparents, Betty and Rufus Easter from Eden, N.C., and Braxton’s birth mother, Kristen Wall of Norfolk, all gave interviews as part of the NewsChannel 3 investigation.

The changes, Sarah said, “are a good start.”

NewsChannel 3 is still pursuing records through the Freedom of Information Act. Braxton’s biological mother, Kristen Wall, is suing the city. In response, the city attorney has said no one in Human Services was negligent and, even if they were, the city is immune from lawsuits.”

Social services commissioner to review baby Braxton case
[WTKR 2/7/12]

“Ben FitzPatrick and wife Sarah can’t believe the foster mother who killed Braxton Taylor got just 10 years in prison.

The couple fostered Braxton from birth to seven months when he was transferred to Kathleen Ganiere. In just a couple of months, he went from healthy and happy, to bruised and battered, and then, he died.

“It`s perplexing why someone like Miss Kathleen Ganiere would be a murderer,” says Robert Morin, the Director of Virginia Beach Human Services.
He apologized for the way Braxton’s case was handled. He admits his staff missed clear signs of abuse. He has put in place new policies, and he’s asked for a state review. But one thing neither the new policies nor the state review will address is how someone like Ganiere became a foster mother in the first place.

“I don`t think anybody had any sense that she would be as destructive, and be a killer quite honestly,” says Morin.

“I don`t know what her motive was for being a foster parent,” says Sarah.

We may never know. In court she said she really doesn’t know why she killed Braxton, and she has declined our requests for an interview. But what we do know is why she got just a decade in prison. And here is the part that will surprise you: The judge actually threw the book at her.

Prosecutors backed off murder charges and let her plead guilty to manslaughter. But with her clean background, state guidelines called for only probation.

That means no jail time for killing her foster baby. Beach prosecutors pushed for eight years but Circuit Court Judge Patricia West went beyond that. She ordered 10 years.

That is the maximum for manslaughter.”
Baby Braxton investigation continues
[WTKR 2/10/12]

Truly sick!The Foster parents have been penalized for speaking out!

“On Monday, barely a week after the FitzPatricks went public, a pair of Norfolk social workers visited Sarah to announce they would take away the couple’s remaining foster child.

Sarah says here is what they told her: Because their foster baby is black, the child would be better off with black foster parents. Sarah says in the five months they’ve cared for the child, no one ever mentioned that. It just came up today.

But a week ago, as the NewsChannel 3 investigation was set to air, The FitzPatricks got an email from their Norfolk social worker: “Your appearance…on tonight`s news has caused some concern here. I want to talk to you about what is in your interview so that we can be prepared for any calls we may get… We are anxious about what is to come.”

And over the weekend, Norfolk’s check to the FitzPatricks, the money used to care for the foster baby, bounced.

A bank email said there was “insufficient funds.”

The FitzPatricks went public to make foster children safer. And now, they believe, that has cost them another child.”
Backlash against couple who exposed baby Braxton abuse
[WTKR 2/13/12]

Update 5: “We convinced Braxton’s first foster parents to tell their story.

They all told NewsChannel 3 social workers missed or ignored serious signs of abuse. They gave us pictures and medical reports the city wanted to keep secret.

And after all that, Beach Human Services Director Robert Morin decided Braxton’s case did need another look.

“The problem I have is that we should have protected Braxton a lot better than what we did.”

He promised a state review, and for the first time, we know what that investigation will cover. This document shows the state’s human resources department will hire outside child-welfare experts.

The investigation will include an “analysis of the decisions and actions” at Virginia Beach Human Services, and the policies in place at the time of the death.

It will also include interviews with dozens of people including all foster parents, all workers and supervisors who had any involvement in Braxton’s case, along with doctors, Braxton’s court appointed lawyer, and the Virginia Beach city attorney.

And in our second interview with Robert Morin, he promised this investigation will be public.

It is not clear whether the Virginia Beach city attorney will cooperate with the investigation. Attorneys there have told us, prosecutors and the Braxton family’s lawyers that all documents about this case are secret. ”

NewsChannel 3’s investigation into Baby Braxton’s death gets results
[WTKR 2/28/12]

Update 6: “The Child Welfare League of America has been tapped to review the actions of the city’s Human Services Department after Braxton Taylor died at the hands of his foster mother.
Bob Morin, director of the city’s Human Services Department, said he expects the league to be in Virginia Beach from April 2 to April 5. He’s not sure when he’ll find out about the results, but they
will be made public, he said.”

“Braxton’s biological mother, Kristen Wall, 30, said that she alerted a social worker to possible abuse when she noticed bruises on Braxton during a supervised visit with him before he died.
The injuries didn’t prompt further review or an investigation. Braxton died two weeks later on Feb. 7, 2010.

Nobody was fired or reassigned as a result of the case, Morin said.

The Virginia Beach Human Services Department made policy changes after Braxton’s death.
Officials there sent out a memo 10 days after Braxton died detailing how social workers should interact with foster children and when they should report suspected abuse.

Those changes include foster children being automatically referred to child safety investigators if bruises or other injuries are noticed, and social workers meeting weekly with foster children who don’t attend day care.

Last month, Morin formally apologized for the way his department handled the case.”

Officials to review Va. Beach child’s death
[The Virginia Pilot 3/23/12 by Jennifer Jiggetts]

Update 7: “An independent review of the death of 10-month-old foster child Braxton Taylor has found that no single action or decision made differently by city social workers would have saved his life, but cited numerous policies and shortcomings that should be addressed. [Great Review NOT!]

The review, conducted by the Child Welfare League of America, was released this morning.

Braxton Taylor died in February 2010 after being shaken by his foster mother, Kathleen Ganiere. She pleaded guilty to voluntary manslaughter and was sentenced to 10 years in prison.

Among the review’s findings:

The department needs to better assess and train foster parents using established training models. Braxton’s foster father was not required to attend training due to his military schedule. And the foster family’s home study was inaccurate and misleading.
The department should improve internal communication to help with “connecting the dots” and revealing conflicting information from foster parents. Ganiere gave conflicting information at times and had several unpleasant interactions with others involved in Braxton’s case. She also told human services staff that a bruise on his face was suffered while crawling, and staff did not have enough knowledge of motor development to realize that didn’t make sense.
Many child welfare caseworkers complained that their workload is “impossible.” Some handle as many as 40 cases at a time. The department should strive to meet the league’s caseload standards.

Kristen Wall, Braxton’s biological mother, said she alerted a social worker to possible abuse when she noticed bruises on Braxton during a visit before he died.

The department made policy changes as a result of Braxton’s death, including foster children being automatically referred to child safety investigators if bruises or other injuries are noticed, and social workers meeting with foster children who don’t attend day care.

In February, Bob Morin, director of the Human Services Department, formally apologized for the way his department handled the case.

Earlier this month, he began directly supervising the department’s child welfare staff. The previous supervisor, Cheryl Williams, continues to work for the department supervising other divisions.

The Child Welfare League is a Washington-based child advocacy organization that was tapped in March to review the city department’s actions.”
Report in baby’s death calls for foster care changes

[The Virginia Pilot 7/20/12 by Jennifer Jiggetts]

Update 8: “City Councilman Bill DeSteph is calling for Human Services director Bob Morin’s firing after a pair of state reports declared the city’s child-welfare agency is “in crisis,” suffering from a lack of leadership, and is sometimes breaking the law.

“The entire leadership needs to go,” said DeSteph, reached by phone Monday. “There is a lack of accountability.”

A pair of state reports released Friday detail a child-welfare organization that often does not follow best practices or even state guidelines and recommendations. The reports said the Virginia Beach agency is lagging near the bottom in key measures when considered against other child-welfare departments. The report also said the staff has little confidence in Morin, calling him “largely ineffective, distant, unresponsive to the needs of the organization and completely out of touch with the work being done.” The former director of the child-welfare division, Cheryl Williams, received similar criticism in the report. Morin slashed her duties days before the report was published, but said on Friday he would not be resigning. Instead, he said he will be “a troubleshooter” and a “change agent” committed to making the agency better.

The reports come a year after a NewsChannel 3 investigation revealed social workers either missed or ignored signs of chronic abuse inflicted on a foster baby. Our investigation showed an abusive foster mother, Kathleen Ganiere, did little to hide the bumps, bruises and split lips visible to case workers, but she successfully fooled them into thinking the injuries happened because the baby fell down a lot.

She later shook Braxton Taylor to death in Feb. 2010. He was 10 months old. She pleaded guilty to manslaughter, but no investigative agency ever looked into the competence of the child-welfare office. Braxton’s grandparents and first foster family asked NewsChannel 3 to do that. Morin at first said no investigation was needed because his staff “did everything appropriately,” but after our story aired, he asked for a state review.

That review showed no single factor, if done differently, would have saved Braxton. However, it concluded that had workers been better trained, and had they shared with each other the volume of alarming warnings about Braxton’s injuries and Ganiere’s odd behavior, the death might have been avoided. The review also said Ganiere and her husband were not assessed properly to be foster parents, and her husband never completed foster-parent training. Her husband, Brian Kezer (referred to as BK in the reports) was never criminally charged. In short, the reviewers said a complete culture shift was needed at the city’s Human Services building.

Councilmembers Harry Diezel and Glenn Davis, both reached by phone, said they wanted to hear more from the city manager. Diezel said Morin’s leadership “is not something in the plus column,” and Davis said at the very least, “there should be significant discipline.”

The Council is on summer break and will not meet formally until the middle of August.

Jim Spore, the city manager, said he will announce Tuesday a task force to dig into the report and determine how the city’s child-welfare division can meet the recommendations in the state reports.

“That’s what we are after, a solution,” Spore said Monday. “We’re not after somebody’s head on a platter, we’re after a solution here.”

Spore said he expects the task force to make its recommendations by the end of August.

“From that we will draw some conclusions and take some definite actions,” he said.

He did not say Morin would remain as the director of the agency, nor did he say Morin’s job was in jeopardy.

“That point will come,” he said. “But it is not 48 hours after you have read the report.”

Braxton’s first foster parents, Ben and Sarah FitzPatrick, thanked NewsChannel 3 for investigating Human Services when no one else would. While they are satisfied at the depth of the report and its recommendations, they are disappointed the changes come at such a cost. They were Braxton’s foster parents until he was transferred to Ganiere.

“Changes should have been made then, right then, not wait for us to go to you to say, ‘hey, something needs to be done,’” Sarah FitzPatrick said.”

Baby Braxton Investigation: Councilman calls for firing of Beach human services director

[WTKR 7/23/12 by Mike Mather]

Update 9: New lawsuit filed to incorporate the descriptions of the abuse.

“For weeks, the foster mother responsible for 10-month-old Braxton  Taylor tortured him – cutting his lip, nearly ripping his tongue from  his mouth and crushing his testicles before shaking him to death,  according to court documents.

But none of that information would matter in the wrongful-death  lawsuit brought for his birth parents, attorney Robert Haddad said  Friday.

That’s why he withdrew that suit and this week substituted a  different kind of lawsuit, known as a survival action, on behalf of  Braxton. It will allow jurors to hear extensive evidence about the abuse  Braxton suffered and ask them to award damages accordingly, Haddad  said.

A wrongful-death suit asks jurors to compensate a deceased person’s  beneficiaries – typically family members – for the person’s loss, taking  into consideration their loss of companionship, lost income from the  deceased and funeral expenses. How the person died isn’t weighed, Haddad  said.”

Lawyer changes lawsuit in baby’s death

[The Virginia Pilot 9/22/12 by Kathy Adams]

Update 10: Virginia Beach to pay up .

“The City of Virginia Beach has reached a $450,000 settlement in the death of a child who died while in the care of his foster parents.

Braxton Taylor died two years ago by shaken baby syndrome. His foster mother, Kathleen Ganiere, was sentenced in November 2011 to 10 years in prison on voluntary manslaughter charges.

If approved, $170,000 of the settlement will be put into a trust fund for Braxton’s siblings. His biological father will receive $75,000 and his biological mother will receive $50,000. The rest of the money will go toward legal fees in the case.

Braxton’s death led to major changed in the city’s child welfare programs, such as improved screening and training for prospective foster parents and weekly visits by child welfare workers.

“We have learned from this tragedy,” Deputy City Manager Cindy Curtis said. “We have made permanent changes as a result. I am confident that these changes will better serve at-risk children and their families.””

VB pays up in foster child death case

[WAVY 2/19/13]

$295K for the surviving family and $155K for the lawyers.