How Could You? Hall of Shame-Jazzmin Davis 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 Antioch, California, Shemeeka Davis, 40, aunt and foster mother to twins, Jazzmin and a 15-year-old boy, has pleaded not guilty by reason of insanity in the September 2, 2008 death of Jazzmin. She is charged with child abuse, murder and torture of Jazzmin and torture and child abuse of her nephew. She goes to trial in May 2011.

Shemeeka  entered “what is called a “dual plea,” both not guilty and not guilty by reason of insanity. She will be tried by jury if either doctor determines she was sane at the time of her crimes, or if both doctors say she was insane and prosecutors objects to those findings.

If she is found insane by either a jury or judge, she will be committed to a state mental hospital for a term up to life, but as little as 180 days if the hospital determines she has regained her sanity.”

The living twin has reached a settlement to receive compensation by two entities already. He was featured in one of REFORM Talk’s Bittersweet Justice posts in January REFORM Talk’s Bittersweet Justice Files Davis Case .

Antioch Foster Mom Pleads Insanity to Murder, Torture Charges in Niece’s Death
[Contra Costa Times 3/4/11 by Malaika Fraley]

Update: “An Antioch woman goes on trial next week in the beating death of her foster child. It has been nearly three years since Jazzmin Davis was killed. She might still be alive today, if the system had not failed her.

Jazzmin Davis was 15 years old when she was beaten to death. She lived in Antioch with her twin brother and their foster mother. Police called it a house of horrors.

“Beatings of both children with carpet tacks, with sticks, steel rods, that ended breaking in the course of beatings,” Darren Kessler, the court-appointed lawyer for Davis’ surviving brother, said.

On Sept. 2, 2008, police found the dead teenager and her brother in their feces and urine-soaked bedroom where they were often locked in a closet for days, even months. They looked starved and emaciated.

“They were about 80 pounds, give or take a few pounds,” Kessler said. “It was as if they had come out of a concentration camp. It was that bad.”

The twins’ foster mother and aunt, Sheemeka Davis, has been charged with Jazzmin’s murder.

In an exclusive interview with ABC7, Kessler said the system failed Jazzmin.

“Staff that were involved with the oversight of the children, the court system, all the players that were involved from one extent to the other dropped the ball here,” he said.

He says it began with the San Francisco Human Services Agency, which placed the twins with Sheemeka Davis when they were infants.

“It’s very difficult to read the case notes, the police reports and all that, knowing that our agency had a role in this,” agency Director Trent Rhorer said.

Rhorer agrees with Kessler that the social worker lied and even ignored warning signs that may have saved Jazzmin’s life.

“When they’re not doing their job, it’s difficult for the system to respond and in this particular case, there were falsified case notes, there were questionable visiting practices of the kids who were in the home,” Rhorer said.

Foster children are required to have annual physicals, but there was no mention of medical exams in the social worker’s case file.

“I can tell you if there was any doctor who saw these children the way they looked or even half as bad as the way they looked, there would have been a mandatory report to the authorities,” Kessler said.

Case workers usually make monthly visits to check on foster children. In Jazzmin’s case, the visits were rolled back to twice a year because the case worker never reported problems, even ignoring the children’s complaints that they were getting “whoopings.”

Kessler says the caseworker’s supervisors should have been more vigilant.”

“Jazzmin enrolled at Antioch High School the year before she died, even though she never attended classes. But the case worker wrote reports saying Jazzmin was going to school.

“One in particular for Jazzmin said, ‘Oh, she’s doing about a C average. She’s doing well,’ and this was at a time when she wasn’t even in school. She was being locked in a closet,” Kessler said.

Kessler says the Antioch Unified School District also failed Jazzmin by not following up on her truancy.

Since Jazzmin’s death, Rhorer says his agency has instituted more stringent checks and balances to make sure this kind of tragedy never happens again. Human Services now requires caseworkers to make unannounced visits every month, without exception. ”

“The social worker retired during the investigation of this case. She also was named in the lawsuit. The city settlement covered her liability.”

Lawyer: System Failed Foster Child Beaten to Death
[ABC KGO 5/19/11 by Vic Lee]

Update 2: ” It is only now after being treated for mental illness that Shemeeka Davis can clearly see what she has done and she’s horrified, according to the defense attorney for the Antioch foster mother accused of torturing her twin niece and nephew until the girl starved to death in 2008.

“She can’t believe it. She feels everything you want her to feel,” deputy public defender Betty Barker told jurors Tuesday during opening statements at Davis’ trial on murder, torture and child abuse charges. “Shemeeka Davis is not a sadist.

“She loved those children and she needed support and she got virtually nothing, not from her family, not from CPS,” Barker said. “She loved those children, but everything went horribly awry.”

Fifteen-year-old Jazzmin Davis died Sept. 2, 2008 from malnutrition exacerbated by long-term physical abuse shortly after an electrical cord beating by the paternal aunt who had raised Jazzmin and her twin brother since a few days after they were born in San Francisco to a crack-addicted young mother, deputy district attorney Satish Jallepalli said. Shemeeka Davis had won permanent guardianship of the twins just six days before the death with the help of a San Francisco Human Services Agency case worker.

Shemeeka Davis, 40, has pleaded not guilty by reason of insanity in the case that prompted the San Francisco agency to pay a $4 million settlement to the surviving boy.”

“Jazzmin, at 5 feet 7 inches, weighed 78 pounds and had been hallucinating for weeks when she died, Jallepalli said. Both twins were covered from head to toe with burns, scars, cuts and bruises from years of beatings. Shemeeka Davis took them out of school when she could no longer hide the scars. Meanwhile, she treated her other children well, the prosecutor said.

“It reached a point where the defendant realized these children had to be kept out of public view. There was too much evidence of what she was doing to this little boy and girl,” Jallepalli said. “They loved the defendant and believed they deserved punishment so they never told.”

Defense: Mental illness, abusive upbringing caused Antioch foster mom to fatally abuse teen
[Mercury News 6/7/11 by Malaika Fraley]

Update 3: “The twin brother of a 15-year-old Antioch girl who starved to death in 2008 testified Wednesday about the horrific abuse he and his sister suffered at the hands of the aunt who had raised them as foster children since they were infants.

The now-18-year-old brother admitted that he initially downplayed the abuse to investigators in the days after his sister Jazzmin Davis’ Sept. 2, 2008, death of malnutrition exacerbated by long-term physical abuse.

“At the time I was scared that I would still have to got back to Shemeeka,” the twin said at 40-year-old Shemeeka Davis’ trial on charges of murder, and two counts each of torture and child abuse. She has pleaded not guilty by reason of insanity.

The twin appeared in court wearing makeup and a woman’s light gray top, designer skinny jeans and black, stiletto-heeled suede boots. His long, straight hair fell past his shoulders, with side-swept bangs, and he rested his chin in the hand of a tattooed arm throughout his afternoon testimony.

He rarely glanced in Shemeeka Davis’ direction as he gave short answers in a soft voice. Attorneys addressed him by his male birth name, though his appearance is of a stunning young woman.”

“The twin testified for three hours about the abuse that included days and nights locked in a small closest with his sister and such as with household items like carpet tack strips. He spoke of being denied food, clothing, health care and schooling. He remembers watching his sister, who was 5 feet 7 and 78 pounds when she died, spiral into madness.

He said that at one point, Jazzmin would no longer cry or get upset during beatings, and that upset Shemeeka Davis.

The twin said that on the day of Jazzmin’s death, his aunt had him fetch two plastic bags and then ordered him to take a shower while she punished his sister. He got out of the shower upon hearing Shemeeka Davis crying for help because Jazzmin lost consciousness.

He said he tried to go to his sister, but his aunt ordered him to get a bucket of ice, which she put on Jazzmin’s chest.”

“Jazzmin’s brother testified that he never heard his aunt voice concern that Jazzmin would harm anyone during biannual visits by their case worker from San Francisco Human Services Agency. One of the last visits, according to the twin, was after his aunt had taken Jazzmin out of school.”

Jazzmin’s twin testifies about abuse at Antioch foster mother’s murder, torture trial
[Mercury News 6/8/11 by Malaika Fraley]

Update 4: “Jurors deliberated for about two hours on Thursday before convicting an Antioch woman of torturing and abusing her two foster children and murdering one of them in 2008.

Shemeeka Davis, 40, was found guilty of first-degree murder and two counts each of torture and child abuse. The trial, however, is not over because Davis pleaded not guilty by reason of insanity.

The second phase of the trial will begin next week, during which the same jury will be asked to decide whether Davis was legally insane during the years she abused and tortured her niece and nephew, who she took in as foster children shortly after they were born.”

“Barker argued that Davis, in her delusional state, believed she was punishing the children to make them behave and was unable to see the damage she was doing.

Jallepalli agreed that Davis was mentally ill, but said she took actions to conceal the abuse, which showed that she knew what she was doing was wrong.

The sanity phase of the trial will begin at 9 a.m. Tuesday in Contra Costa County Superior Court in Martinez. ”

Jury convicts foster mom of murder, torture, abuse
[ABC7 6/17/11]

Update 5: “A San Francisco social worker charged with overseeing foster care of a twin boy and girl who were tortured in their Antioch home for years once told their foster mother that if the girl acted up in her house, “she would hit her, too,” a defense attorney said Tuesday at the opening of Shemeeka Davis’ sanity trial.

San Francisco Human Services Agency case worker Ann Marie Smith also routinely ignored the mentally ill and overwhelmed mother when she begged for support, according to deputy public defender Betty Barker, who argues the 40-year-old Davis was legally insane at the time of her crimes.”

“A sanity trial will determine whether Davis goes to prison for life or is hospitalized.

In this phase of the trial, it is the defense’s burden to prove by “the preponderance of the evidence” standard that Davis has a mental illness that caused her to not fully understand her actions. Deputy district attorney Satish Jallepalli deferred his opening statement Tuesday but argued in the trial’s guilt phase that Davis went to great lengths to cover up her crimes.

Barker said she will be calling four doctors to testify that Davis suffers from multiple mental illnesses, including a delusional disorder that caused her to believe that Jazzmin was evil and out to harm her and her 7-year-old biological daughter.”

“In case reports, Smith would cite a doctor who in 2000 diagnosed a 7-year-old Jazzmin with “oppositional defiant disorder” to explain behavioral problems, which is a “bad label to put on a little child,” Dr. Karen Franklin testified Tuesday.

That same year, Smith forced Davis to tell the twins that she was not their biological mother — which Jazzmin took especially hard — and Davis gave birth to her daughter. It was then that Davis became convinced that Jazzmin was evil.

“It was thought by her, and the doctor and the social worker that Jazzmin was a bad kid,” Franklin said. “I think that Shemeeka thought if she could only discipline Jazzmin better that the bad behavior would stop and the problem would go away.”

Defense: Social worker’s mistakes contributed to killer foster mom’s delusional behavior
[Contra Costa Times 6/28/11 by Malaika Fraley]

Update 6: “Jurors in Martinez deliberated for a little more than an hour Friday before finding that an Antioch woman was sane when she tortured and abused her two foster children and murdered one of them in 2008.

Shemeeka Davis, 40, sobbed uncontrollably as the verdict was read.

In June, the same jury convicted Davis of first-degree murder and two counts each of torture and child abuse for the torture, abuse and killing of her niece, 15-year-old Jazzmin Davis, and the torture and abuse of Jazzmin’s twin brother, who survived.

She now faces up to two life sentences for her crimes.”

The prosecutor “agreed that Davis was mentally ill, but said she went to great lengths to conceal the abuse, which showed that she knew what she was doing was wrong and that she was therefore legally sane when she committed her crimes.”

“After the verdict was read, Davis was crying too hard to be able to set a date for sentencing. She is scheduled to return to Contra Costa County Superior Court in Martinez on Tuesday to set a sentencing date.”

Court: Woman Sane When She Murdered Foster Daughter
[KTVU 7/2/11]

Update 7: “A judge Friday morning sentenced Antioch woman Shemeeka Davis to life in prison for torturing and abusing her two foster children and for murdering one of them.

Shemeeka Davis, 41, was sentenced to 25 years to life in prison for the torture and murder of 15-year-old Jazzmin Davis and to life in prison with the possibility of parole for the torture of her twin brother, who survived years of abuse.”

” Davis will be 69 years old when she becomes eligible for parole, attorneys said. ”

“Davis, the aunt of Jazzmin and her brother, wept loudly throughout today’s hearing and as the sentence was handed down.”

“I’d like to say that I’m very sorry,” she said between sobs. “This was never my intention … and I wish I could change everything.”

On Sept. 2, 2008, Jazzmin’s naked, gaunt and scarred body was found on the floor inside the Antioch home where for years, the only mother she had known abused her and her brother.

Police said that when she died, the teen was 5 foot 7 feet tall and weighed about 78 pounds.

A coroner’s report found that she died from a combination of repeated physical abuse and malnutrition, Deputy District Attorney Satish Jallepalli said.

Jazzmin’s twin brother was also found to be scarred and severely malnourished, but survived and testified during Davis’ trial last summer.

At the end of the trial last June, a jury convicted Davis of first-degree murder, torture and felony child abuse charges and found her legally sane at the time she committed the crimes, despite her dual plea of not guilty and not guilty by reason of insanity.

Defense attorney Betty Barker argued throughout the trial that Davis suffers from severe mental illnesses, including psychotic delusions, which prevented her from forming the intent to torture the twins.

Jallepalli agreed that Davis is mentally ill, but argued that she chose to keep hurting the children and covered up the abuse because she knew it was wrong — skipping the twins’ doctor’s appointments and keeping them home from school.

She had taken custody of the twins – who were born to a crack-addicted mother – shortly after they were born, raising them in addition to her three biological children.

A week before Jazzmin died, Davis was granted legal guardianship of the twins.

But Jallepalli said during Davis’ trial that there was a clear difference in how she treated her niece and nephew.

The twins were not allowed to eat with her biological children and were not given the same food, if any at all, he said.

Davis would also lock the pair in a closet for long periods of time, forcing them to urinate and defecate on the floor.

When the twins were about 9 years old, Davis began beating them with belts.

Jallepalli said during the trial that over the years, Davis used electrical cords, a wooden rod and a belt with an attached padlock to beat the children and sometimes burned them with an iron.

As the beatings escalated, Davis stopped taking her nephew to doctor appointments to be treated for sickle cell anemia. In the year before Jazzmin’s death, she also kept the teen home from school and even kept her from leaving the house, Jallepalli said.

Social workers who monitored the twins’ care throughout their lives never noticed or reported the abuse, attorneys said.

The San Francisco Human Services Agency, which was in charge of overseeing the twins’ care, agreed last year to a $4 million settlement with Jazzmin’s brother.

The Antioch Unified School District agreed to settle with the teen for $750,000 and has implemented changes to its attendance policy.

Before handing down the sentence in Contra Costa County Superior Court today, Judge Susanne Fenstermache heard emotional statements from several of Davis’ family members, who requested leniency.

“I’ve known her all my life, and I know that she’s not a monster … we will continue to pray for her and support her,” said one man, Davis’ cousin.

Jallepalli read two letters from other family members of the twins addressed to the court, including an aunt who wrote, “I can’t begin to imagine how my niece felt during that last attack … please have no mercy for sentencing.”

The prosecutor also read entries from Jazzmin’s journal in the months leading up to her death in which she wrote how much she loved her foster mother and wanted to make her happy.

In a later entry, Jazzmin described being “in big trouble” for failing to clean the bathroom.

“I’m going to lose all my privileges and end up in the same position I started in … I’m so confused … someone help,” she wrote. Before handing down the sentence, the judge told Davis that she didn’t consider her a monster.

“This is a sad day for everyone,” Fenstermache said. “I know you wish you could undo this … but it’s been done.””
Foster mother gets life for torture, murder
[ABCLocal 1/6/12]

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