Sunday, April 24, 2022

RIP Ame Deal

 

Finding the Girl in the Box: As Ame Deal's Living Hell Ended, It Began for Police Officer


It was a case that decimated a family, shocked a city, haunted hard-nosed cops, helped overhaul a broken child-welfare system, and consumed legal teams for six years. It made executioners of stand-in parents, turned a little girl into a prisoner, and a prisoner into a corpse. Her tormenters, in turn, became the prisoners of the state, and now the condemned.

Yet the case began like so many others: an emergency call to something seemingly very different.
Police Officer Albert Salaiz was the first to respond to the call of an injured child in southwest Phoenix.

Salaiz had joined the Phoenix Police Department in 2000 after a long career in the Air Force, flying politicians to Europe. He was working patrol again, after a stint on a squad that took on violent crime syndicates That morning, July 12, 2011, Salaiz left the Estrella Mountain precinct to tell county prosecutors what he knew about a high-profile home invasion involving rival drug gangs, a big shootout and gangsters posing as SWAT teams.

Then came the injured-child call. Salaiz was a couple of blocks away, so he went. How could he not? A child in danger. On his beat. All the natural instincts of a veteran cop kicked in.

Albert Salaiz, shown here at another date in his Phoenix PD patrol car, was the first police officer on the scene the day Ame Deal was found murdered. - COURTESY ALBERT SALAIZ
Albert Salaiz, shown here at another date in his Phoenix PD patrol car, was the first police officer on the scene the day Ame Deal was found murdered. 
Courtesy Albert Salaiz
When he got there, Salaiz instantly recognized the house. He’d been there a week or two earlier to respond to reports of kids throwing rocks. He’d seen a large gaggle of children there.

This time, he sprinted from his patrol car to the front door. Just when he reached it, the door suddenly swung open and a Rottweiler charged him. He thought the dog was sure to bite him.

He remembers a woman telling him “Don’t shoot the dog!” The dog backed down.

Salaiz’s adrenaline was pumping. It didn’t strike him until later: The woman was more concerned about the dog that the hurt child he was there to help.

He vaulted a wall and rounded a corner.

That’s when he saw her.

A girl was prone on a carpet in the garage, curled up with her legs near her chest. She had “claw-like hands,” Salaiz recalled.

“Then it hit me. I knew this girl,” he said.

“I never, to this day, will forget what she looked like. That image is ingrained on my mind.”

He’d seen her on the rock-throwing call earlier.

And he already knew she was dead. You just know.

But what Officer Salaiz didn’t know that morning was that Ame Deal’s life ended before it began. She never was granted any real chance to live.



Ame Deal was found dead on July 12, 2011,
 two weeks shy of her 11th birthday.

She suffocated in a padlocked plastic storage box, soaked in her own urine and sweat.

The last of her killers was sentenced Thursday in Courtroom 5A in Maricopa County Superior Court. John Allen will join his wife, Sammantha, on death row. The Allens are the first married couple in Arizona sentenced to death.

The Allens had turned Ame’s prison into her tomb. With Thursday’s verdict, Ame’s death has entombed the Allens in state prison. Salaiz remains a prisoner to his memories.

In a sense, the Allens themselves had been trapped by a violent, domineering, insular household, with four children when they were just 22 years old. Later, John Allen would tearfully tell the sentencing judge he was sorry and the death was an accident.

Already, three other family members were serving prison sentences from 10 to 24 years for their roles in the torment of Ame, who came to be remembered as "the girl in the box."

The brief and hellish life of Ame Deal was recounted over six years in police and news reports, in court records and action.

“In my entire career, I can’t say I’ve ever seen a worse case,” Judge Erin O’Brien Otis said during Thursday’s court action, admonishing John Allen. “This was one of the most unnecessary deaths of a child I’ve ever seen.”

The girl who wound up in that box was born on July 24, 2000, in Pennsylvania to David and Shirley Deal. It was their third child but, despite legal documents to the contrary, David Deal insisted the girl was not his.

By the time the couple ended up in Texas with David’s large, roving, extended family, Shirley couldn’t take the stress and abuse in the chaotic home anymore. She abandoned her daughter.

The Deals continued to bounce around the country. They stayed for a time in Minnesota, Utah, and different parts of Arizona. Always in the poor parts of town. Always schooled at home. Always keeping to themselves. Always leery of new members of the family. Always disciplining the gaggle of children in their own special way.

In Utah, the state investigated the family for possible child abuse. Those suspicions didn’t follow the family to Arizona.

By the time the Deals replanted themselves in a house near Broadway Road and 35th Avenue, Ame’s cousin Sammantha Allen was caring for her. It was Sammantha’s 20th home in 18 years. She had never gotten past fourth grade.

She took all her cues from her mother, Cynthia Stoltzmann, who was Ame’s legal guardian.

“Her world was small and very isolated and it was dominated by her family,” said her defense attorney, John Curry. “That’s all she knew. That’s all she knew.”

Sammantha knew discipline was a fact of life. And it was harsh. But that’s how you grew up. So when Ame came along, nobody in the house questioned her punishment.

Punishment is the wrong word for it. It came from a wooden paddle named “butt-buster.” Or routine belt lashings. Or when the family made Ame walk barefoot for 15 minutes on the pavement in 114-degree heat, until neighbors saw the fright flash in Ame's blue eyes. Or when John Allen made her put her hands and feet on the floor and arch her back unnaturally for three hours at a time.

When she complained it hurt and collapsed, he’d lift her into the arch again.

Family disciplinarians sometimes made Ame eat hot sauce, but she got used it. So they forced her to eat dog feces.

Ame was treated differently from the half-dozen other kids in the fetid, overcrowded house. Other kids were put in a small chair for a timeout; Ame was sent to the storage box.

The box was a plastic locker 31-by-12-by-14 inches. It had latches to secure the lid. As Ame neared her 11th birthday, she stood just 48 inches tall.

On July 11, 2011, someone in the house said Ame had gone to the freezer and taken a Popsicle without permission.

When the Allens crammed Ame in the box, nobody thought twice. Everybody knew, family members later told police, “Ame lies. Ame steals. Ame needs to be punished.”

Ame weighed less than 60 pounds. She was hungry. She didn’t get the same food the others got. She wasn’t one of their own. Not one of the tribe. Not deserving.

And besides, Ame had been in the box many times before. John Allen would roll and throw the box around with Ame locked inside. Sometimes they’d throw the box, Ame and all, into the swimming pool. Other times, Cynthia Stoltzmann would sit on it while Ame whimpered inside.

The night of July 11, the Allens stuffed Ame into the locker and snapped down the latches.

She’d been known to push on the lid with her feet to get air. The only airways were some small holes under the handles. Otherwise, it was airtight. They put the box in the garage where there was no air-conditioning. The mercury never dipped below 95 that night.

Sammantha warned her husband that the girl could escape. John went to a gate in the back yard, grabbed a padlock, locked the box, and took the key.

The couple had planned to go to bed and check on Ame in an hour. They didn’t.

“I just didn’t get up,” John later told police interrogators.

He could have saved Ame’s life, but it meant so little to him he never had a reason for killing her, county prosecutor Jeannette Gallagher would later explain in court.

The morning after the padlocking, around 8 a.m., when the family went to take Ame out of the box, she wasn't moving. She wasn't breathing.

About half an hour later, someone called 911.

Officer Salaiz was the first cop on the scene. He and  other police officers and firefighters arrived to a house that reeked of urine. Used tampons and cockroaches littered the floors. Salaiz doesn’t remember the filth and stench, only what he saw first.

Ame lay on a blue carpet next a wet urine stain. Her lips were the color of the carpet. Her skin was starting to discolor. Her body was twisted unnaturally in the position of a kid play-acting like a dead dog.

Ame wasn’t acting. She was dead.

And treated worse than any junkyard mongrel. Her body was already stiffening. It looked like one of those body casts of ancient Pompeii residents buried in ash. It looked like she’d been trying to push the lid off her plastic coffin.

Salaiz remembers John Allen standing above Ame as a woman tried CPR. Somebody was talking about a hide-and-seek game gone awry. The girl had locked herself in the box. Herself.

Not much later, Salaiz’s sergeant rolled up and asked him what happened.

“I told my supervisor, ‘They fucking killed her.’ He got pissed. ‘You can’t be saying that. You don’t know that for a fact,’ ” Salaiz recalled.

He went to get an initial statement from John Allen, who sat on a swing, acting “like nothing happened.”

Allen said he and his wife went to bed at 1 a.m. as Ame, a 12-year-old and his 3-year-old daughter played hide-and-seek. The next morning they found Ame in the box, dead. The story struck Salaiz as odd. A 3-year-old playing hide and seek at 1 a.m.? Not likely.

Odder still was Allen’s demeanor.

“The was no emotion from him or the grandma, either. That’s what bothered me. There was no emotion,” Salaiz  said. “I’d never seen anything like that.”

He had been a cop 11 years.

He went to hear the 12-year-old’s story. She was a few doors down the street. As he walked toward it, Cynthia Stoltzmann walked toward him.

“She said, ‘Yeah, they found Ame dead,’ and she keeps walking past me,” Salaiz recalled.

He didn’t think at the time: How could she know that Ame was dead, minutes after paramedics declared it?

The 12-year-old had the look of a scolded child who didn’t want to be there, and really didn’t want to talk. She stood, stiff as board, never looking Salaiz in the eye, as he asked her what happened.

She told the same story, except for one detail. She went to bed at 9.

“I felt the 12-year-old ... knew what happened. She knew about the box,” Salaiz said.

The Maricopa County Medical Examiner’s Office determined that Ame died of asphyxiation, after suffering heat exhaustion and dehydration. Forensic investigators with the office ruled it a homicide.

But long before those results, on the morning Ame died, John Allen wrote out his thoughts in a spiral notebook.

“Ame found passed away in box. They (the kids) were playing hide-and-go-seek. We believe she fell asleep and suffocated,” he wrote.




                         The pieces of shit responsible for Ame Deals Death.



https://www.phoenixnewtimes.com/news/the-tortured-death-of-ame-deal-and-her-horrid-family-9878749




Stop The Execution of Melissa Lucio in Texas

 We have until April 27 to stop the execution of Melissa Lucio. Take action on social media today.






Melissa faces execution on April 27 for a crime that never occurred.

Melissa Lucio is facing execution on April 27, 2022, in Texas for the murder of her 2-year-old daughter Mariah — a crime that never occurred. Mariah died two days after accidentally falling down a steep flight of stairs and Melissa has maintained her innocence on death row for more than 14 years.

La historia de Melissa en Español

Nearly one in three exonerated women were wrongly convicted of harming children or other loved ones in their care and nearly 70% were wrongfully convicted of crimes that never took place at all — events that were accidents, deaths by suicide, and fabricated — according to data from the National Registry of Exonerations

Help prevent an irreversible injustice. Add your name to stop Texas from killing Melissa.

Melissa’s story

Born in Lubbock, Texas to a Catholic, Mexican-American family living below the poverty line, Melissa’s earliest memories are of her mother struggling to escape the blows of her partner. Older relatives began to sexually assault and abuse Melissa from the time she was 6 years old.

As a child, she was repeatedly sexually abused, and became a child bride at the age of 16 with the hopes of escaping her abusive environment. Unfortunately, her life did not get easier. At the time of Mariah’s accident, Melissa had 12 children between the ages of 2 and 15 and was pregnant with twins she would ultimately give birth to in prison and have to give up for adoption. She struggled at times to provide for her family, but was a caring mother, who did her best given her incredibly difficult circumstance. 

No evidence of abuse

The State of Texas presented no physical evidence establishing that Melissa ever abused Mariah or any of her children. In fact, thousands of pages of Child Protective Services records show that Melissa’s 12 children never said she was violent with them.

Yet in 2008, Melissa was convicted based on statements she made to law enforcement in Cameron County after more than five hours of coercive interrogations that began the same night her youngest child died and continued until 3:00 a.m. the next day. After hours of relentless, aggressive interrogation in the presence of armed detectives, she broke down and told investigators what they wanted to hear to make the questioning stop: “I guess I did it. I’m responsible.” She was pregnant with twins the night of the interrogation. 

False confessions — a leading cause of wrongful conviction

Coerced false confessions are a leading cause of wrongful conviction and even more prevalent among women wrongly convicted of killing a child, like Melissa. As a survivor of lifelong sexual abuse and domestic violence, Melissa was especially vulnerable to police coercion, but at trial she was prevented from presenting any evidence that would have explained why she falsely confessed during the interrogation. 

Lacking solid physical evidence, Cameron County District Attorney Armando Villalobos presented her conciliatory statement to the jury as a “confession” to homicide and sought the death penalty, a “win” he thought would help him get re-elected. Today, the former district attorney is serving a 13-year federal prison sentence for bribery and extortion.

Texas must investigate this innocence claim

The Cameron County’s new district attorney, the courts, the Texas Board of Pardons and Paroles, and Gov. Abbott must undertake a meaningful review of Melissa’s innocence claim, the coercive tactics used in her interrogation, and the tragic circumstances of Mariah’s accidental death, before an irreversible injustice occurs.

Take action now

 

  1. Make sure everyone on Twitter knows her name: Tweet now
  2. If you live in Texas, call D.A. Saenz and urge him to withdraw the execution date: 956-300-3881
  3. If you live in Texas, contact Gov. Abbott now: 956-446-2866
  4. Purchase Save Melissa Lucio gear.
  5. Share on all social platforms using this social media toolkit.

Help prevent an irreversible injustice. Add your name to stop Texas from killing Melissa. 

Friday, April 15, 2022

Parental Substance Use as Child Abuse

Parental Substance Use as Child Abuse

To better understand this issue and to view it across States, download the PDF (540 KB) of this publication.

Current Through July 2019

The term 'abuse' includes physical injury that results from permitting a child to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purpose of manufacturing a dangerous drug, as defined in § 13-3401.

'Neglect' or 'neglected' is defined as the following:

  • Permitting a child to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purposes of manufacturing a dangerous drug, as defined in § 13-3401
  • A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional

This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in § 13-3401 beyond the requirements prescribed pursuant to § 13-3620(E). The determination by the health professional shall be based on one or more of the following:

  • Clinical indicators in the prenatal period, including maternal and newborn presentation
  • History of substance use or abuse
  • Medical history
  • The results of a toxicology or other laboratory test on the mother or the newborn infant
  • A diagnosis by a health professional of an infant under age 1 with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects

The terms 'endangered' and 'abuse' include, but are not limited to, circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purpose of manufacturing a dangerous drug in violation of § 13-3407(A)(3) or (4).

Notwithstanding any other provision of this section, a violation committed under circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

A health-care professional who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in § 13-3401 shall immediately report this information, or cause a report to be made, to the Department of Child Safety. For the purposes of this subsection, 'newborn infant' means a newborn infant who is under 30 days of age. 

https://www.childwelfare.gov/topics/systemwide/laws-policies/state/?CWIGFunctionsaction=statestatutes:main.getResults




Infant Safe Haven Laws

Infant Safe Haven Laws

To better understand this issue and to view it across States, download the PDF (356 KB) of this publication.


Current Through September 2021

Infant's Age

Citation: Rev. Stat. § 13-3623.01


A newborn infant may be relinquished. The term 'newborn infant' means an infant who is 30 days old or younger.


Who May Relinquish the Infant

Citation: Rev. Stat. § 13-3623.01


The child may be relinquished by the parent or an agent of the parent.


Who May Receive the Infant

Citation: Rev. Stat. § 13-3623.01


The child may be left with a designated safe haven provider. A safe haven provider includes any of the following:


A firefighter who is on duty

An emergency medical technician who is on duty

A medical staff member at a general hospital or a rural general hospital

A staff member or volunteer at any of the following organizations that posts a public notice that it is willing to accept a newborn infant:

A licensed private child welfare agency

A licensed adoption agency

A church

Responsibilities of the Safe Haven Provider

Citation: Rev. Stat. §§ 13-3623.01; 8-528


If a parent or an agent of a parent voluntarily delivers the parent's newborn infant to a safe haven provider, the safe haven provider shall take custody of the newborn infant if both of the following are true:


The parent did not express an intent to return for the newborn infant.

The safe haven provider reasonably believes that the child is a newborn infant.

The safe haven provider shall immediately transport the infant to a hospital for a physical examination.


If the infant is left with a private child welfare or adoption agency and the agency has the ability to place the infant for adoption, the agency shall inform child protective services that it will take custody of the infant within 24 hours. If the agency cannot place the infant for adoption, it shall inform child protective services that it will not take custody of the infant.


If an infant is left with a church and the church is affiliated with a private adoption agency, the provider must immediately inform child protective services that an infant has been left at the church, the location of the hospital where the church transported the infant, and whether a private adoption agency will take custody of the infant.


If the church is not affiliated with a private adoption agency or the agency cannot place the infant for adoption, child protective services shall contact the next private adoption agency on its rotating list of agencies until it contacts an agency that agrees to take custody of the infant. The adoption agency must take custody of the infant from the hospital within 24 hours.


If an infant is left with a firefighter, emergency medical technician, or a hospital staff member, the safe haven provider shall immediately contact child protective services to inform it that an infant has been left and of the location of the hospital where the safe haven provider transported the infant.


Immunity for the Provider

Citation: Rev. Stat. § 13-3623.01


A safe haven provider who receives a newborn infant is not liable for any civil or other damages for any act or omission by the safe haven provider in maintaining custody of the newborn infant if the safe haven provider acts in good faith without gross negligence.


Protection for Relinquishing Parent

Citation: Rev. Stat. § 13-3623.01


A person is not guilty of abuse of a child solely for leaving an unharmed newborn infant with a safe haven provider.


A parent or agent of a parent who leaves a newborn infant with a safe haven provider may remain anonymous, and the safe haven provider shall not require the parent or agent to answer any questions.


Effect on Parental Rights

Citation: Rev. Stat. § 8-528


These protocols apply only to an unharmed newborn infant who is 30 days of age or younger and who is not alleged to have been neglected or abused. If an infant who is transported to a hospital is older than 30 days or has been harmed, the hospital shall contact the department, and the department shall take custody of the infant.


The term 'custody' means legal authority to act on behalf of a child, including the following:


The duty and authority to make decisions that affect the child, including medical decisions

The authority to file a petition for termination of parental rights 


 https://www.childwelfare.gov/topics/systemwide/laws-policies/state/?CWIGFunctionsaction=statestatutes:main.getResults