How Could You? Hall of Shame-Melanie Ochs-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 Las Vegas, Nevada, foster mother Melanie Ochs lost an appeal to the Nevada Supreme Court for the conviction of first degree murder in the August 2006 death of her foster son known as “Baby Boy Charles.”

Melanie had “argued there were six errors during the District Court trial that warranted reversal of her conviction.

Ochs maintained that she had set the child on the washing machine to change his diaper but she was distracted by the two other children who were arguing. Ochs said she heard a thud and came back to find the boy had fallen off the washing machine. She called for help and initially told first responders she found the boy barely breathing in his crib. She said she tried to blow air into his lungs but he vomited in her mouth.

She then gave differing stories — one that the boy had fallen in the bathtub and another that one of the other children had knocked him to the ground.

Then she said the boy had fallen from a washing machine and suffered the head injury.

In her appeal, she argued that four doctors should not have been allowed to testify. She said the doctors were not qualified to testify about the baby’s injuries and the cause of death.

Medical Examiner Dr. Gary Telgenhoff said the cause of death was blunt force trauma. There were bruises found on other parts of the baby’s body.

The Supreme Court said the doctors “testified specifically about the baby’s injuries based on their knowledge from treating him or inspecting his body or CT scans.”

It ruled that District Judge Michael Villani did not error in admitting this testimony. And it rejected the five other claims of errors committed at the trial.”

Foster mom loses appeal of child murder conviction
[Las Vegas Sun 10/31/11 by Cy Ryan]

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Arrest, Charges, Bail in 2006

In baby boy charles: $250,000 bail set in woman’s case  [Las Vegas Review-Journal 10/10/06 by K.C. Howard], Las Vegas Justice Court Judge Karen Bennett-Haron set bail at $250,000 and ordered Ochs under house arrest after posting bail. “Ochs’ lawyer, Robert Langford, had asked for $50,000 bail and said Ochs had no prior criminal record and was not a flight risk. He said her children are living with their father in the family home, but Ochs will live elsewhere under house arrest.

Prosecutor Vicki Monroe wanted Ochs’ bail to be set at $500,000. Defendants charged with murder often have bail set at $1 million, she said.”

“Ochs is charged with first-degree murder by child abuse in connection with the Aug. 4 death of her foster child, known as “Baby Boy Charles.” The infant died from blunt force trauma with a skull fracture and swelling of the brain, authorities said. Doctors who treated the baby found a high likelihood of non-accidental trauma to be the cause of the injuries.

On Aug. 2, Ochs called 911 after she found Charles in his crib not breathing at her home on Dune Cove Road near Sahara Avenue and Fort Apache Road, according to her arrest report. She told the call taker that when she tipped his head back to try to resuscitate him, the back of his skull felt mushy. She said she noticed a large lump on his head.

Ochs told authorities that Charles fell backward and hit his head against the bathtub on July 31 during a bath, but he seemed fine later. She denied intentionally hurting the baby.

But doctors who treated the baby told police the injuries were more likely caused by Charles’ head hitting a flat surface.

Langford said Ochs is innocent but declined to explain what her defense is.

There had been no prior reports of abuse or neglect regarding the baby at Ochs’ residence, according to a Department of Family Services report.

But Monroe said the boy had been taken to a hospital in Southern California during a trip with Ochs in July. The child had been bruised, and doctors at that hospital were told a coffee table fell on him, Monroe said.

In court, Langford emphasized that Ochs was the one who called 911 and that in California, the family “took the child to the doctor because they were afraid.” But the child was uninjured, he said.

A foster family is supposed to tell the county if it leaves Nevada with a foster child.

Tom Morton, director of Clark County Family Services, said he could not confirm or deny whether Ochs had given the county agency proper notification. Not filing the report would result in a licensing violation but would not necessarily require the removal of the child from the home, he said.

He said a caseworker responsible for monitoring the boy’s well-being had an appointment to visit the family pending when Charles was rushed to the hospital.

Caseworkers are required to have face-to-face contact with the child monthly, and Ochs had been caring for the child since Jan. 3. Morton said he could not comment on how many times a caseworker had visited Charles at Ochs’ home or whether a caseworker had visited the home at all.”

“Ochs’ own children, her 2-year-old daughter and 3-year-old adopted son, were taken from her custody when Child Protective Services began investigating the death of Charles, Monroe said.

Lt. Brian Evans of the Las Vegas police special victims section said he had reviewed pictures of the home and said it was not clean when emergency responders arrived, but there was nothing he knew of that was unsanitary or unsafe for children. Clothes were strewn about, and ants were in the house, he said.

“I don’t keep my house like that, but I don’t think it was anything that was uninhabitable by any means,” Evans said. “I know there was some ants in the place but, that’s so subjective.”

Conviction October 2009

From Jurors find LV woman guilty in foster son’s death [Las Vegas Review-Journal 10/30/09 by Francis McCabe] ” A Clark County jury of nine women and three men deliberated for more than four hours before returning a guilty verdict against Melanie Ochs in the death of Baby Boy Charles.

The family of Baby Boy Charles attended the reading of the verdict and could be heard sobbing in the background.

Ochs, who was taken into custody after the verdict was read, faces a minimum of 20 years and a maximum of life in prison. A sentencing date was set for Jan. 28.

The trial, which lasted nearly two weeks, presented jurors with contradictory testimony from medical experts and graphic photos and details from the baby’s autopsy.

Ochs also testified on her own behalf. She admitted that when she first reported the baby’s injuries to authorities, she concocted a story that fixed blame on her older children.

On Tuesday, she told the jury that Baby Boy Charles suffered a head injury after he fell from the top of the washing machine to the floor of her home, near Sahara Avenue and Fort Apache Road.

Prosecutors have maintained that a fall such as the one Ochs described would not have killed the infant. Authorities contended that some type of abuse was involved.

The baby suffered a skull fracture and swelling of the brain. Doctors who treated him found a high likelihood of non-accidental trauma to be the cause of the injuries.

Ochs denied intentionally hurting the baby.”

Sentencing February 2010

From Woman sentenced to 50 years in death of foster son {Las Vegas Sun 2/4/10 by Cara McCoy], Melanie was “sentenced today to 50 years in prison with parole eligibility after 20 years.”

“At Och’s sentencing hearing today before District Court Judge Michael P. Villani, Chief Deputy District Attorney Vicki Monroe argued the appropriate sentence was a life term with the possibility of parole after 20 years.

“I think it is ludicrous to say 20 to 50 years is sufficient for murdering a 7-month-old child,” Monroe said. She said that a fixed-term of 50 years would be an insult to the death of Baby Boy Charles.

The baby’s mother was expected to address the court this morning but didn’t show up, prosecutors said.

Ochs declined to say anything before she was sentenced. Her attorney, Robert Langford, said she didn’t speak because there would be further action in the case and said he intended to file a notice of appeal.

In handing down his sentence, Villani criticized Ochs for lying to medical personnel about how the boy was injured.”

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