How Could You? Hall of Shame-Emily Mays case-Child Death UPDATED
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 Tucson, Arizona, an appeals court is hearing the case of the brain injury death of 18-month-old foster child Emily Mays. She died in 2005 while a foster child of Randall and Penny West. She and her two sisters lived with the Wests for only one month before she died. At the original trial, the “jury then found Randall guilty of reckless child abuse under circumstances not likely to produce death or serious injury and Penny guilty of negligent child abuse under circumstances likely to produce death or serious injury,”according to Arizona Supreme Court file on vacated sentence .After the post-trial acquittal, a reversal of the acquittal decision that has set up this review occurred on May 12, 2011 and can be viewed in this case file.
“A Pima County appeals court overturned the verdict because the judge said the jury did not have sufficient evidence.
Emily’s biological mother is upset about the her daughter’s death and thinks she was abused.
“I don’t understand why they haven’t been sentenced yet,” Katherine Mays said. “Nothing has happened to them.”
The defense says Emily’s death was an accident.
“I don’t necessarily think that this was child abuse,” the foster parents’ attorney Thomas Jacobs said, “The medical evidence did not definitively establish that it was [child abuse].”
Emily was put in foster care when her baby sister tested positive for drugs, according to a family member.
It may take weeks or months for the court to make a decision.”
Death of foster child back in court
[KVOA 11/2/11]
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“Emily was taken to St. Joseph’s Hospital on the morning of Aug. 24, 2005, after Penny West dialed 911 and reported the child was unresponsive after a fall, according to court testimony.
She underwent surgery at Tucson Medical Center, but she was taken off life-support several hours later and died.
A pathologist determined Emily died as a result of blunt-force trauma. Penny West told doctors and police that she fell backward, hitting her head.
The Wests were accused of “knowingly and intentionally” causing Emily’s death.
However, jurors found Penny West acted “negligently” and Randall West acted “recklessly,” making them both eligible for probation.”
High court sends back foster child death case
[Arizona Star 5/13/11 by Kim Smith]
REFORM Puzzle Piece
Update: “A woman convicted in 2008 of child abuse in the death of her foster child has been sentenced to four years’ probation and six months in Pima County jail.
Pima County Superior Court Judge Javier Chon-Lopez sentenced Penny West on Monday for the 2005 death of 16-month-old Emily Mays.
Chon-Lopez said the crime appeared out of character for West, who has no other criminal history.
“Whatever happened seemed to be out of character for her,” Chon-Lopez said at the mitigation hearing and sentencing.
Despite the absence of criminal history and apparent singularity of the crime, Chon-Lopez said the jail term was appropriate because West has shown no remorse or acknowledgement that she caused the child’s death.
“I don’t think I’m sentencing an innocent person,” he said.
Emily was in West’s care when she died of a blunt-force head injury.
Deputy Pima County Attorney Jared Kreamer-Hope said the doctors who treated Emily determined she had extensive brain damage equivalent to that suffered by someone in an automobile accident or who fell from a great height, not a backward fall while standing as West said at trial.
“She was barely above brain dead when she showed up at the hospital,” Kreamer-Hope said.
He asked the judge to impose a prison sentence.
West’s attorney, Howard Wine, presented four witnesses at the sentencing who attested to his client’s caring and honest character.
One of the witnesses, Nohemy Hite, wife of slain Tucson police Officer Erik Hite, said she often entrusted her own child to West’s care.
Wine said his client feels terrible remorse for Emily’s death and prays daily for her.
“I am confident that Penny West thinks of Emily every day,” Wine said.
After West’s conviction in 2008, the trial judge set aside the conviction, saying substantial evidence could not support the guilty verdict.
In June 2010, the Arizona Court of Appeals reversed the judge and reinstated the conviction.
West’s attorneys appealed but the Arizona Supreme Court upheld the conviction in 2011.
At Monday’s sentencing, Wine asked that West be placed on work release while in jail. Chon-Lopez denied the request.
Wine said he intends to appeal West’s conviction and sentence.”
Former foster mom to spend six months in jail for child’s death [Arizona Daily Star 10/21/13 By Patrick McNamara]
I have know Penny for many years this definitely fit her character of her when I was in contact with her . She is not a good person at all . It’s ctually mind blowing some of the things she has done . The police and lawyers should have got in touch with people that knew her when she lived in South Carolina .
I agree Penny was know around S.C as one very bad person . This case needs to be retired . How did she kill this baby and get off ? I can’t believe she hasn’t been caught for more than just this. Then try to blame her husband . She knows how evil she is . God knows ! She probably slept and is still sleeping with every lawyer and judge . Her and her Mother had threesomes with her Mother’s boy friend . That whole family was something Evil.
I agree with Roxie , why didn’t the police and lawyers come to South Carolina to find out her
Character. She is a horrible person . Wow the things that could be told about her . She killed that baby and then tried to blame her Husband. That’s just like her . She needs to be retired .