Illinois CPS Fail-Maxwell Eyers case-Child Death

Hat tip to a reader for forwarding this case on. The 2013 part of this case is about the pediatrician who failed to notify DCFS back in December 2007 when Maxwell had a broken sternum. He died later that month. Sadly, DCFS itself really has never been investigated or held accountable in this case. Maxwell was brought to the ER in September 2007  and DCFS was contacted.  They clearly failed to appropriately followup in this case.

It is total hypocrisy for the DCFS spokesman in this first article to chastise the doctor when it is HIS organization’s responsibility to be checking up on this child.

“A Madison County judge upheld the suspension of the medical license of an Alton pediatrician for failing to notify authorities of suspected child abuse.

The medical license of Dr. Gita J. Malur has been suspended by the Illinois Department of Financial and Professional Regulation and Madison County Associate Judge Thomas Chapman reviewed the case and affirmed the department’s suspension.

The suspension stems from a 2009 formal complaint against Malur after she failed to notify authorities about suspected child abuse of one of her patients.

The child, 2-year-old Maxwell Eyer, died Dec. 28, 2007, 10 days after he was brought to Malur’s office for treatment of a fractured sternum. The autopsy discovered that in addition to the fractured sternum, Maxwell Eyer suffered multiple bruises, burns and other evidence of possible abuse. The injury to the child’s sternum was not the cause of his death.

He died from blunt head trauma and his death was ruled a homicide. The child’s father, Johnny Garcia, was charged with first-degree murder.

Suspension upheld for doctor who failed to report child abuse

[News-Democrat 5/29/13 by  Jennifer Schaaf]

“Eyer was brought to the emergency room at St. Anthony’s Hospital in Alton in September 2007 for multiple bruises and possible bite marks.  St. Anthony’s emergency room staff contacted the Department of Child and Family Services (DCFS) about the possibility of child abuse.

That November, a member of DCFS inquired about concern over the child’s care, but Dr. Malur said she had no worries. [Where was DCFS between September and November?Shouldn’t THEY know more about the child’s situation in the home than the doctor?]

On December 18, 2007, Matthew Eyer was brought to Dr. Malur’s office to be treated for a fractured sternum. Eyer died December 28.

An autopsy found Eyer had sustained multiple bruises all over his body, burns on the chest and hands, and other evidence of possible abuse. The cause of death was ruled homicide by blunt head trauma.

The Department of Financial and Professional Regulation received a complaint about Dr. Malur in September 2009 alleging she failed to file a report of suspected child abuse.”

Gita Malur loses license for a year after failing to report abuse

[KSDK 5/28/13 by Kevin Held]

Accomplice to the Murder

 This case had several complications. The father’s girlfriend covered up for him. Blunt force trauma to the head is what killed Maxwell.

“A judge sentenced an East Alton woman to five years in prison Tuesday for her part in enabling the murder of a 2-year-old boy in Alton.

Jeanine E. Lansdon, 28, of the 400 block of Lincoln Avenue, may be out of prison within six months, because she already has served about two years in the Madison County Jail. She must serve at least half of the full sentence but got credit for time served.

She previously pleaded guilty in Madison County Circuit Court to a count of endangering the life of a child for failing to seek medical help for Maxwell Eyer, who was beaten to death in late December 2007 by Johnny Garcia. Garcia, 25, formerly of East Alton, pleaded guilty last year to first-degree murder and was sentenced to 44 years in prison.

“This is the epitome of child endangerment,” Assistant Madison County State’s Attorney Ali Summers told Circuit Judge Charles Romani Jr.

Lansdon and the child’s mother, Linsey Eyer, both had children by Garcia. Lansdon was baby-sitting Maxwell at the time of the fatal blows.

Summers argued for the 10-year maximum sentence, noting that Lansdon witnessed the beating but allowed the child to lay dying. She even left the dying child in the care of Garcia while she and the child’s mother went out to look for drugs for Garcia, testimony showed.

“She did nothing at that time to prevent Maxwell Eyer’s death.” Summers said. “She cannot explain why she let him suffer that long.”

Testimony showed that the child went into a seizure and stiffened after the beating. He was vomiting and was unable to sit up. A pathologist, Dr. Raj Nanduri, said four blows caused internal bleeding to the brain. 

“He was covered with bruises,” she said, and noted that the child had a fracture to the chest that had healed over.

Detective Pete Vambaketes of the Alton Police Department testified that Lansdon and the baby’s mother told stories in an effort to protect Garcia. Lansdon originally denied seeing the beating but finally admitted seeing one blow, enough information to implicate the killer, the detective said.

“Johnny Garcia killed Maxwell Eyer with four different blows, yet to this day, she will admit to seeing only one,” Summers told the judge.

Lansdon did admit that she saw Garcia beat the child between 10 and 50 times, Vambaketes testified.

Assistant Public Defender Neil Hawkins said his client finally took responsibility for her actions when she pleaded guilty. He noted that she still has children for whom she needs to care.

Lansdon told the judge she has changed since she has been in the County Jail.

“I’m sorry for not reporting this right away. I wish I could go back and change everything,” she said.

Romani told Lansdon he believed that she and Linsey Eyer were under Garcia’s control when they acted as they did. He also noted she has no prior record. Nevertheless, she must take responsibility for her actions, the judge said.

Members of Lansdon’s family burst into tears when Romani pronounced sentence. They said officials from the Illinois Department of Children and Family Services also should be punished for failing to act in the child’s behalf.

There was an incident the previous September in which Maxwell was beaten but no official action was taken, said Lansdon’s father, Larry Lansdon of Cottage Hills. He said the child’s mother, Lindsey Eyer, 26, of the 800 block of Hawley Street, Alton, also should be held accountable, and that Garcia’s 44-year sentence was too light.”

Woman gets five years for role in boy’s death

[The Telegraph 1/26/10 by Sanford J. Schmidt]

Maxwell’s Mother

“A 26-year-old woman was sentenced Tuesday to five years in prison for child endangerment in connection with the 2007 murder of her son by her ex-boyfriend, the boy’s father.

Linsey Marie Eyer of East Alton said she made terrible choices that led to the death of 2-year-old Maxwell Eyer. She said she loved but feared the boy’s father Johnny Garcia.

Garcia is serving a 44-year prison sentence after pleading guilty of first-degree murder in Maxwell’s death. Jeanine Lansdon, Garcia’s girlfriend at the time of the boy’s death, pleaded guilty of child endangerment and received a five-year prison sentence.

Eyer left Maxwell overnight with Garcia and Lansdon in December 2007, although she had been told by officials of the state’s Department of Children and Family Services to keep the boy away from Garcia after Maxwell suffered suspicious injuries while with his father three months earlier.

Lansdon told authorities Garcia struck Maxwell during the night, knocking him to the floor or against a grate. Linsey Eyer said Maxwell was listless and “stiff” when she came to pick him up the following afternoon.

Eyer said she didn’t take her son to a doctor or hospital because Garcia told her not to do so. Instead, Garcia sent the two women out on two unsuccessful efforts to purchase Vicodin, a prescription pain medication, for himself. Eyer said Garcia did not have a prescription for the drug but was addicted to it.”

Mother sent to prison for role in death of son

[St. Louis Today 7/27/10 by Terry Hillig]

 DCFS’ Authority

The following applies to this case:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1354&ChapterID=24 I think the following two parts apply in particular:

Section (9)(a) (5) “(5) having demonstrated incompetence to act as a child protective investigator or child welfare specialist in such a manner as to endanger the safety of the public; ”

Section (9)(a)(10) “(10) gross negligence; ”

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=242&ChapterID=5

Section 4a. (a) “identify the resources necessary to implement the plan, including estimates of resources needed to investigate or otherwise process reports of suspected child abuse or neglect and to provide necessary follow-up services for child protection,”

Section 5 (a)(3) (a) and (b)”(A) protecting and promoting the health, safety and welfare of children, including homeless, dependent or neglected children;
(B) remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation or delinquency of children;”

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=244&ChapterID=5– the entire Child Death Review Team Act

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapterID=24