How Could You? Hall of Shame-Jeremy and Amber Clark UPDATED-Child Death

By on 11-06-2011 in Abuse in foster care, Amber Clark, How could you? Hall of Shame, Idaho, Jeremy Clark, Karina Moore

How Could You? Hall of Shame-Jeremy and Amber Clark 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 Post Falls, Idaho, foster parents Jeremy Clark, 36, and Amber Clark, 28, were finally arrested on Thursday November 3, 2011 after being indicted by a grand jury on felony charges of “two counts of injury to a child”,”destroying, altering or concealing evidence and one count of perjury” on Wednesday November 2, 2011. They had been foster parents to Karina Moore and her brother and sister for one year when the two-year-old girl died on January 16, 2009. The biological mother, Samantha Moore, has since regained custody of her two surviving children.

They were held in Kootenai County jail on $25,000 bail on Thursday.They made their first appearance in court on Friday November 4 and bonded out that afternoon.

According to The Coeur d’Alene Press, “During their court appearance earlier in the day, Amber sobbed while Jeremy showed little emotion. Several supporters of the Clarks attended their appearance.

The Clarks, represented by the county Public Defender’s Office, declined to be interviewed on Friday, per their attorneys. Their attorneys could not be reached for comment.

The arraignment in district court is expected on Thursday. The case is expected to go to trial.

“When I became chief, bringing this to a conclusion was one of my top priorities,” Post Falls Police Chief Scot Haug said. “My feeling was that somebody needed to be a voice for Karina. This was a very complex case that took interviewing dozens of medical experts, witnesses and reviewing digital and physical evidence.

“We wanted to make sure we had a good solid case (before making the arrests). We’ve always had a detective, sometimes two, assigned to the case for the past three years.”

Haug and Kootenai County Prosecutor Barry McHugh declined to comment on details surrounding the charges or evidence.”

“Haug said another child under the Clarks’ care – a boy who was 4 at the time – was allegedly injured in the home between 2007 and 2008.

“The (injury to child) charges indicate physical harm done to the children, but I can’t get into the specifics,” Haug said.

The Clarks were registered foster parents for two years and had several children in their care, but haven’t been registered with the state since the Moore case. They also have kids of their own.

Haug said he believes the Clarks were aware of the ongoing investigation during the past three years. A search warrant was recently served at their home.

Jeremy was arrested without incident at his house, while Amber was arrested at her Hayden workplace.

Haug said the Clarks were not cooperative with police during the investigation, but declined to specify.”

“The Clarks, who had been Karina’s foster parents for more than a year, told police that Karina fell about 4 feet down a flight of carpeted stairs during the Jan. 6, 2009, incident. Amber Clark told police she was on the couch and recognized that the child might fall, but the child fell to the bottom of the stairs before she could help. She called the incident a tragic accident.”

“Clark claimed she performed CPR until emergency responders arrived and flew her to Sacred Heart Medical Center in Spokane. Police said Karina was at the bottom of the stairs when they arrived.

Karina was brain dead and comatose afterward and died 10 days later.

The Spokane County Medical Examiner’s Office ruled the case a homicide, citing “blunt force head injuries.””

“However, the examiner’s report did not corroborate with the initial police investigation nor the opinions of multiple doctors police interviewed at Kootenai Medical Center and Sacred Heart Medical Center in Spokane, which determined the head and spleen injuries were consistent with an accidental fall.

John Howard, the medical examiner who performed the autopsy of Karina, said he could not comment on the evidence or factors that led him to the homicide determination.

Moore filed civil lawsuits against the Idaho Department of Health and Welfare in January this year in state and federal courts, claiming she reported abuse allegations against the Clarks to social workers twice, but her concerns weren’t addressed.

The suit claims the IDHW “negligently and with reckless indifference failed to supervise the foster home … which resulted in the death of Karina.””

Police: Foster parents allegedly hurt other child

[The Coeur d’Alene Press 11/5/11 by Brian Walker]

The Associated Press says “The couple had been a registered foster family for years and had taken in dozens of kids before Karina and her siblings went to live with them.”

Foster parents arrested in 2009 death of 2-year-old Post Falls girl
[Associated Press 11/4/11]

KXLY reports “Post Falls Police say that as they were investigating Karina Moore’s death they found evidence of more crimes and they believe another foster child in the couple’s care was abused.

“I was really happy that Karina is getting the justice she deserves,” Samantha Moore said.Today Karina Moore would be five-years-old and in kindergarten. Instead, her mom Samantha is in court watching the two people that allegedly had a hand in her daughter’s death.”Continue to wonder what she would be like first grade is going to come, second grade,” Samantha said.At the time of Karina’s death, her foster parents said she fell down a short flight of stairs in their Post Falls home, calling it a tragic accident. An autopsy later performed by the Spokane County Medical Examiner showed the toddler died due to a blunt force head injury and was ultimately ruled a homicide.In the process of the investigation, Post Falls police say they found evidence of more abuse, which would explain the multiple injury to a child charges.

Police believe a second foster child, who was under the Clarks care, was abused between 2007 and 2008, before Karina Moore was in their home. Both the police and the prosecutor’s office say this case was very complex, which is why it took so long to reach this point. As for the other abuse case, the little boy would be around 8-years-old and is reportedly doing fine.As for Samantha Moore, she says she now plans on being in court every time she can make it.”As for closure … it just opens up a new chapter,” she said. ”
Post Falls Couple, Arrested in Karina Moore Case, Free On Bond
[KXLY 11/4/11 by  Anusha Roy]

Update:

Boy’s Injuries

“Two Post Falls foster parents who are accused of abusing two children and conspiring to conceal evidence of the treatment subjected at least one of the children to ice baths, according to just released indictment documents.”

“Indictment documents acquired by The Press said the alleged abuse by the couple included “inflicting ice baths” on a boy, who was 4 or 5 years old at the time.

The boy allegedly was abused by the couple in December 2007 and January 2008.

The indictment also said the couple inflicted injuries to his body and head.”

Karina Moore

“The Clarks also have been implicated in the death of 2-year-old Karina J. Moore in January 2009. Moore was a foster child placed in the Clarks’ care by the Idaho Department of Health and Welfare.

At the time, then Post Falls Police Chief Cliff Hayes said, “The baby was at the bottom of the stairs when we arrived. The explanation was that (Karina) fell down the stairs.”

He said Amber Clark reported being on the couch “and recognized the likelihood of the child falling.”
She told investigators that “by the time she turned the child was at the bottom of the stairs,” Hayes said.

The indictment said the Clarks caused or inflicted injuries to her head or permitted the injuries to occur.

Also, and not previously reported, the documents accuse the couple of “causing an elevated sodium level in the body of (Karina) or by permitting” that to occur.

The documents also said the Clarks were responsible for “causing the child’s body temperature to drop under 96 degree or permitting the same to occur; or by withholding medical care” for her.

The indictment accuses both Jeremy and Amber Clark of “intentionally or with reckless disregard for the safety of another person, inflict great bodily injury upon Karina J. Moore,” injuries which ultimately caused her death.

The seven-page indictments filed for both Jeremy and Amber Clark list for comparison the various statements they gave investigators looking into Karina’s death.

In March 2009, Jeremy Clark told a detective that when he came inside their home, “Amber was reaching to grab Karina because she was trying to catch her from falling the last part.”

About two months later, he testified he was outside when he heard “something hitting something on the floor” and he then entered the house and saw his wife down by Karina at the bottom of the stairs.

In January 2009, Amber Clark called 911 and reported that Karina “had fallen down the stairs a few times in the past, and she just did it again, and she is not breathing normally.”

A couple days later, she told a detective she saw Karina “hit head first” at the bottom of the stairs on the hardwood floor.

She told investigators she saw Karina do a full flip as she fell.

Then days later, she told a detective that she saw Karina’s “body do like a full like [sic] she landed on her neck type thing, and fell flat on the ground.”

Karina’s mother, Samantha Moore, has been on record saying she doesn’t believe her death was an accident.

The Spokane County Medical Examiner’s Office ruled the case a homicide, citing “blunt force head injuries.”
Abuse claims revealed
[Coeur d’Alene Press 11/12/11 by David Cole]

Update 2: “The biological mother of an Idaho girl who suffered fatal head injuries while in foster care claims she noticed scratches and bumps on her daughter during supervised visits before the toddler’s death.

Samantha Richardson alleges that she saw physical and behavioral changes in her 2-year-old daughter Karina J. Moore before the girl died in January 2009.”

“Richardson sued state officials in April, saying she reported abuse allegations to social workers twice but her concerns were never addressed.”

“The Clarks have been appointed public defenders, who declined to comment on the case to the Coeur d’Alene Press.

The public defenders could not be immediately reached Tuesday by The Associated Press because a call to the Kootenai County Public Defender’s Office prompted only a recorded message.”

“Karina and two of her siblings, a brother and sister, had been living with the couple. Richardson claims that during her first supervised visit to see her children in November 2008, she noticed Karina had a knot on her head.

Richardson also claims her son told her he didn’t like it when the Clarks spanked Karina for not listening.
“That was the very first thing he said to me in that visit,” Richardson told the newspaper.
Richardson claims that during a third visit on Christmas Eve in 2008, Karina had black eyes and scratches on her face.
The other children were removed from the Clarks’ care after Karina was injured and taken to the hospital. The couple had been a registered foster family for years and had taken in dozens of kids before Karina and her siblings went to live with them.”

Mom: Idaho girl had bumps, scratches before death
[Seattle Post-Intelligencer 11/15/11]

Update 3: “The Post Falls foster parents indicted for allegedly injuring a 2-year-old girl in their care – who later died of head injuries – were arraigned Monday. They remained silent during the hearing and a judge entered not guilty pleas on their behalf.

Amber M. Clark, 28, and her husband, Jeremy M. Clark, 36, were indicted last month by a Kootenai County grand jury on two counts of felony injury to a child, conspiracy to conceal evidence of the abuse, and perjury. They were arrested and jailed, but then released on $25,000 bond.

Two-year-old Karina J. Moore died in January 2009, days after the Clarks told police Karina fell down stairs in their home. The Spokane County Medical Examiner’s Office ruled the case a homicide,citing “blunt force head injuries.”

First District Judge Fred Gibler on Monday didn’t initially set a trial date.

Indictment documents allege abuse by the Clarks wasn’t limited to Karina.

The couple allegedly inflicted ice baths on a boy in their care, who was 4 or 5 years old at the time, documents said. The couple also inflicted injuries to his body and head, documents said. That alleged abuse occurred between December 2007 and January 2008.

Defense lawyers for the Clarks said during the hearing that at least two weeks would be needed for trial.

Defense lawyer Chris Schwartz, representing Amber Clark, said there is a large volume of discovery material that needs to be reviewed and analyzed, along with grand jury transcripts, and expert witnesses would need to be acquired.

“This is going to need to be set out quite some time” for trial, Schwartz said. Defense lawyer Sean Walsh represents Jeremy Clark.

Police began investigating after Karina was injured. She was placed in the Clarks’ home by the Idaho Department of Health and Welfare.

She was taken from her mother, now 25-year-old Samantha Richardson of Coeur d’Alene, in mid-November 2008 because Richardson had allegedly harmed her son, Shawn, who is 8 years old now. Richardson said the alleged mistreatment turned out, upon investigation, to be an accident.

Richardson said the three children she had at the time – Karina, Shawn and Aaliyah – were placed with the Clarks for two months between mid-November 2008 and mid-January 2009.

In Richardson’s three supervised visits during that span, she said she noticed Karina had been physically injured and had developed behavior problems such as slurred speech. Richardson complained to state child protection authorities after her second and third visits. The Clarks said the injuries – knots on Karina’s head, black eyes, scratches on her face – were the result of accidents at their home.

Months after Karina’s death, Richardson regained custody of her children. Richardson has had her fourth child, who is now 8 months old. Richardson married in July 2009.

Karina’s father lives in South Carolina.”

Foster parents plead ‘not guilty’
[Coeur d’Alene Press 12/6/11 by David Cole]

Update 4:”The attorneys, conflict public defender Sean Walsh and public defender Chris Schwartz, appeared Thursday in 1st District Court asking for two hours to make their case to Judge Fred Gibler. The judge scheduled a hearing for July 19.

Jeremy M. Clark, 36, and his wife, Amber M. Clark, 29, were indicted in November on two counts of felony injury to a child, conspiracy to conceal evidence of abuse, and perjury.

The attorneys also plan to argue the husband and wife should be tried individually, and separate juries should decide on the different counts contained in the indictment.

In their motions to dismiss the indictment against the Clarks, the defense lawyers will allege procedural errors concerning how the grand jury in Kootenai County was impaneled. They also will contest how those proceedings were maintained, and how the indictment was written.

The defense lawyers also will argue it’s unfair and prejudicial to present testimony and evidence on separate alleged crimes to one jury.

Two-year-old foster child Karina J. Moore died in January 2009, days after the Clarks told police Karina fell down stairs in their home. A medical examiner ruled the case a homicide, citing “blunt force head injuries.”

The indictment also alleges they inflicted ice baths on a boy in their care, who was 4 or 5 years old at the time, and caused injuries to his head and body, court documents said. That alleged abuse occurred between December 2007 and January 2008.

A trial date has been set for early next year.”

Foster parents want case dismissed

[Coeur d’Alene Press 6/22/12 by David Cole]

A search of Idaho Repository public court records shows that on 6/20/12 there was an”Order to Unseal Case file to Attorneys or Amber Clark only ” It also says that the next hearing is July 18, 2012, not July 19, 2012 like the media article states.

 

REFORM Puzzle Pieces

Update 5: “The Post Falls foster parents accused of abusing two children in their care, including one who died, will not be tried after a plea agreement was reached Wednesday.

In 1st District Court in Kootenai County, Jeremy M. Clark, 37, and Amber M. Clark, 30, saw the charges against them dismissed, including two counts each of felony injury to a child, and one count each of concealment of evidence of child abuse, also a felony.

A sentencing enhancement also was dismissed. It was tied to one of the counts of felony injury to a child, which could have increased the sentence range on that count from up to 10 years in prison to up to 30 years, if they had been found guilty at trial.

As part of an Alford plea, the Clarks both agreed to be sentenced for perjury for statements they made at prior hearings. They each face up to 14 years in prison for the perjury charge.

The Clarks were accused of inflicting ice or snow baths on one foster child as a form of discipline, and injuring his head. He was 4 or 5 years old at the time, in late 2007 and early 2008.

They also were accused of beating 2-year-old foster child Karina J. Moore into a coma and failing to get her medical care. She died in January 2009, and a medical examiner ruled the case a homicide, citing “blunt-force head injuries.”

Attorney Sean Walsh, who represented Jeremy Clark, said Wednesday, “This agreement is essentially a vindication of what we have said from the very beginning of this case: Jeremy Clark didn’t abuse any of the foster children who were in his care. This case involved a terrible accident – nothing more and nothing less.”

Walsh said he had planned to call as witnesses at trial the doctors who treated Karina Moore during her coma in January 2009.

“The defense expected the attending physicians to testify that the injuries observed in the dying child were consistent with the Clarks’ report of an accidental fall down the stairs,” Walsh said.

He said two other defense medical doctors were expected to testify that the injuries suffered by Karina Moore were consistent with an accidental fall down stairs.

A bio-mechanical expert for the defense was expected to say at trial that a fall down stairs could produce sufficient physical force to cause fatal injuries, Walsh said.

Prosecutors don’t believe a fall in the Clarks’ home led to the head injury that caused Karina Moore’s death.

In November 2011, the Clarks were indicted by a grand jury in Kootenai County. They have not been in jail as the case has made its way through the system.

Karina Moore’s mother, Samantha Richardson, said Wednesday, “I don’t think it’s fair.”

She said she was frustrated that she has waited all this time “just to be led up to this” plea agreement.

She added, “They’re getting off too easily.”

At the upcoming sentencing hearing, scheduled for Nov. 14, Judge Steve Verby will hear evidence from both prosecutors and defense attorneys about how Karina Moore’s injuries were sustained.

The Clarks were the only adults in their Post Falls home at the time of Karina Moore’s injuries. The Clarks have six kids of their own.

Kootenai County Prosecutor Barry McHugh said he shares Richardson’s frustration.

“For those who might question the wisdom of our judgment in this case, I hope that the information that is presented for purposes of sentencing will shed some light on the decision,” McHugh said.

In every case his office prosecutes, he said, the strengths and weaknesses are evaluated throughout the process.

“We have demonstrated a willingness to try hard cases,” McHugh said.

Walsh said the perjury charges the Clarks will be sentenced on relate to testimony they gave in 2009 during a child protection hearing. Walsh said the state was attempting to place the Clarks’ children into foster care after Karina Moore’s death.

“The Alford plea is simply a plea-bargaining tool and doesn’t require an admission of any wrongdoing,” Walsh said.

In addition to calling doctors as witnesses, Walsh planned to call a number of character witnesses at trial.

“The people who actually saw Jeremy and Amber interact with their foster kids knew that they were not capable of committing the charged acts of child abuse,” Walsh said.

The trial was to start Sept. 4, and was scheduled to last six weeks.”

Foster parents cleared in 2-year-old’s death

[Coeur D’Alene Press 8/8/13 by David Cole]

Sick Injustice! High salt levels, black eyes and slurred speech in the weeks leading up to this supposed fall. Ice baths. Another case of weak prosecutors.

 Update 6:A pair of Post Falls foster parents were sentenced in Kootenai County District Court this week for perjuring themselves while on trial for child abuse charges that were dismissed in court last summer.

 

Jeremy and Amber Clark were each sentenced Wednesday to 90 days in jail plus two years of probation and 300 hours of community service.

 

 

The Clarks both agreed in court last August, as part of an Alford plea, to be sentenced for perjury for statements they made at prior hearings. The other charges they faced – two counts of felony injury to a child and conspiracy to conceal evidence of abuse – were dismissed at that time.

 

The Clarks were originally accused of child abuse of a foster child, a boy, alleged to have taken place from 2007 to early 2008.

 

They also were accused of beating 2-year-old foster child Karina J. Moore into a coma and failing to get her medical care. She died in January 2009, and a medical examiner ruled the case a homicide, citing “blunt-force head injuries.

 

Foster parents get jail time for perjury[CDA press 1/31/14 By Keith Cousins]

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