How Could You? Hall of Shame-Kymell Oram 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 Brooklyn, New York, 32-year-old foster mother Teyuana Cummings was questioned Friday March 18th about her 17-month old foster child Kymell Oram’s injuries. He is in “critical condition Friday after being found barely breathing and with bruising “covering just about his entire body,” according to a law-enforcement official with knowledge of the case.

“The law-enforcement official said Ms. Cummings has told investigators that she went on an errand Thursday night, dropping off two of her other foster children, and when she returned home she found Kymell unconscious, the official.

Ms. Cummings’s 19-year-old boyfriend, Kysheen Oliver, had been watching the child, she told detectives.
Investigators were also questioning Mr. Oliver, who has one past arrest for a marijuana charge, about the boy’s injuries on Friday.

Ms. Cummings was charged in an assault case in November 2009, according to another law-enforcement official. That case was dismissed in February 2010 after neither Ms. Cummings nor the other adult involved expressed interest in continuing with the case.

The case did not involve any child-abuse allegations, the official said.

On Oct. 13, Ms. Cummings was arrested and charged with stealing baby clothes, toys and other items from a store in the Atlantic Mall. That case was dismissed after Ms. Cummings served two days’ community service.

Elysia Murphy, a spokeswoman for the New York City Administration for Children’s Services, said two other children living with Ms. Cummings have been removed and placed in another foster care home. Ms. Murphy said she couldn’t comment further on the case “until we have more information from our investigation.”

Badly Bruised 17-Month-Old Found at Foster-Care Home
[WSJ 3/19/11 by Sean Gardiner and Pervaiz Shallwani]

Update: It is revealed that Child Protective Services had visited the apartment at least once and had not noted abuse.

Abuse specifics: Neighbors say that it was an “open secret” that he was being abused as they had seen him sitting alone in the hallway more than once. He has 3 ribs broken and a crushed spleen. He was brought back to life after flatlining in the hospital. “Police sources said the boy had tears around the anus that made investigators initially think he had been sodomized. “It is possible the injuries came from kicking the child like a ball,” one of the sources said.”

Other children in the home: “In addition to Kymell, Cummings has another foster child – a troubled 9-year-old boy – and is the biological mother of a 10-year-old daughter, sources said. The daughter told cops her mommy never hit them, a police source said.”

17-month-old Brooklyn boy nearly beaten to death, police horrified by what they find
[New York Daily News 3/19/11by Alison Gendar, Rocco Parascandola and Corky Siemaszko]

Update 2: More details became available Monday March 21 during Kysheen Oliver’s arraignment on charges of assault, reckless endangerment, endangering the welfare of a child, menacing and harassment . He is being held without bail. Kysheen does not appear to have been living in the home. The foster care agency in charge of Kymell’s placement is Edwin Gould Services for Children and Families.

A doctor “described Kymell as suffering “repeated serious blows from an adult, possibly with a metal rod or a bat.”

Twice, he said, the baby needed to be resuscitated because his heart had stopped beating.”

“In court on Monday, Mr. Cotto said that when Ms. Cummings returned home Thursday morning after taking her daughter and another foster child to school, Mr. Oliver used a racial slur and an obscenity to inform Ms. Cummings that the “dumb” baby had defecated in her bed. When Ms. Cummings checked on the baby, he was lying face down, Mr. Cotto said, and when she went to check on him a second time he was lying in his own vomit, breathing heavily.

At that point, Mr. Cotto said, Ms. Cummings told Mr. Oliver to call 911 while she gave the baby asthma medication. He refused, telling her to wait 20 minutes to see if the medicine worked. She then called 911, and Kymell was taken to Brookdale Hospital.

Mr. Cotto said the doctor who treated Kymell at the hospital told investigators that the baby’s injuries included a lacerated liver and a torn spleen. The blood from the wounds filled the baby’s body cavity, creating pressure on the lungs and making it difficult for him to breathe, Mr. Cotto reported.

According to court papers, Mr. Oliver acknowledged striking Kymell twice.”

“Ms. Cummings’ 9-year-old foster child and 10- or 11-year-old biological child have both been removed from her home, said Ms. Steckler, of the Legal Aid Society.

A longtime friend of Ms. Cummings, Mike Bee, has said that Kymell was born with a heroin addiction, and that Ms. Cummings had “nursed him back to life.” She had been in the process of finalizing the boy’s adoption, Mr. Bee said. ”

Harrowing Details Emerge in Beating of 17 month old
[The New York Times 3/21/11 by Elisa Gootman]

Update 3: Kymell died 11 days after he was found beaten. He was kept on a ventilator until his organs could be harvested. “He was removed from life support late last week and a subsequent autopsy found he died of lung and blunt force trauma injuries. He also suffered rib fractures and internal bleeding.”
17-month-old Kymell Oram has died; little boy hung on for 11 days after brutal beating
[New York Daily News 4/4/11 by Lynn Arditi]

REFORM Puzzle Piece

 

Update 4:“A Brooklyn man was convicted Friday for the death of his girlfriend’s 17-month-old foster son – but can be freed in a matter of months after jurors decided he meant no harm.

The jury found Kysheen Oliver, 23, guilty of second-degree manslaughter for recklessly killing little Kymel Oram in March 2011, but cleared him of more serious charges, including murder.

This means the maximum punishment the defendant is facing is 5 to 15 years in prison, making him eligible for parole in just over a year, after spending more than three and a half years locked up pending trial. He can also receive a lower sentence next month.

No matter what, everyone lost,” a 36-year-old juror said at the end of the four-week trial in Brooklyn Supreme Court. “It’s heartbreaking.”

Oliver was charged with beating up the toddler for soiling a bed while he baby-sat him as foster mom Teyuanna Cummings, 35, took her other daughters to school.

Despite admitting to cops he “snapped” and hit the boy, Oliver testified that he left the kid watching “Yo Gabba Gabba” on TV then suddenly saw him unresponsive and vomiting. Defense lawyer David Roche argued Kymel was asthmatic and appeared lethargic the night before.

Prosecutors noted that Oliver went on the lam after the child was hurt and they called Cummings to testify on how her ex used to encourage her to discipline her children.

Jurors said afterwards they didn’t believe any of them and relied instead on physical evidence that showed Kymel suffered bruised ribs and internal injuries.

“Nobody’s story threaded,” said the juror, a woman who works in advertising and resides in Boerum Hill.

Prosecutors “just didn’t prove that it was an intentional act,” she added.

If they did, Oliver could have faced 25 years behind bars or possibly life.

Another defense lawyer, Michael Cibella, said they’re disappointed with the conviction, but “glad the jury saw there was never any intent to harm this child.””

EXCLUSIVE: Brooklyn man gets lesser rap for beating death of 17-month-old Kymel Oram after jurors find no intent to harm[Ny Daily News 11/15/14 by Oren Yaniv]