Child Injury Lawyer Blog

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

San Luis Obispo County, California high school and doctors are using a program to help doctors and coaches better manage student athletes with concussions. The program provides brain testing for student athletes BEFORE there is an injury or concussion. With this baseline testing in place, doctors are better able to determine the objective effects of a concussion after the injury takes place. A similar program is in effect for the National Football League.

This is a sensible approach by this County and its high schools. In medicine, baselines are important to establish the patient's condition before an injury or condition takes place. You can read more about this program at San Luis Obispo County California High Schools Institute Program to Better Deal with Student Athlete Concussions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child's age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A California judge ruled that Roman Polanksi must return to California for sentencing. It is certainly interesting how Polanski and his attorneys have litigated and argued his case. What has been absent from the arguments and posturing of his attorneys is a factual defense as to the incident itself. Did Roman Polanski have sex with a 13 year old girl? It does not appear that there have been any denials that Roman Polanski acted inappropriately and illegally regarding this acts. The arguments that have been put forward have been that there was a deal in place with the prosecution and Judge, that 40 years have passed since the incident, and that Polanski is a famous director who has made wonderful films. Polanski should return to California and face the consequences of his acts regardless as to where and when they happened. See Judge Says Polanski Must Return for Sentencing.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.

The program was developed in response to the fact that children in foster care often end up homeless, jobless, and incarcerated as adults. The theory is that the money spent on foster programs would be better spent educating the child’ biological parents to improve their parenting skills.

Los Angeles County is taking advantage of a new federal program which allows them to accept a set amount from the government, rather than an amount determined by how many children are in foster care. Under the program, the county can use any excess funds as they see fit. In some cases, the county may pay for furniture for the child’s room, child care, parenting and anger management classes, and even a bus pass to get to job training classes. If the child moves back in the parent may also be eligible for more housing, food stamp and welfare benefits.

The program seems to be working; in the last decade the county has reduced the number of children in foster care by more than half. And the savings in monthly foster care costs has allowed the county to hire more case workers. Find out more about this foster care avoidance program in California by visiting With time and help, a mom may learn to conquer anger.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It was reported by the Associated Press that Roman Polanski will be placed under house arrest pending the decision of the Swiss Justice Ministry to extradite Mr. Polanski back to Los Angeles, California to face criminal charges for the rape of a 13 year old girl. Many child safety advocates and others question why Roman Polanski is getting such preferential treatment for the crimes that he committed. It is also baffling because Roman Polanski skipped out on serving his prison sentence in California so many years ago. The passage of time does not lessen the severity of the crime or the need to punish the criminal for his wrongdoing.

In 2009, a former Huntington Beach, California teacher was sentenced to four years in prison for having sex with a 14 year old girl. Why are Roman Polanski's crimes any less reprehensible than the crimes of this former teacher? Furthermore, it should be noted that Roman Polanski also drugged the 13 year old that he had raped and molested. Roman Polanski should remain in prison and extradited to the United States to serve a prison sentence for his crimes. It would be interesting to hear how Roman Polanski would differentiate his crimes from that of this school teacher and other child predators. A crime is a crime. There is no viable criminal defense to Roman Polanski's conduct by the fact that he has directed several good movies. A crime committed by a talented film director is still a crime.

Roman Polanski to Be Released on Bail to House Arrest
AP
Swiss Justice Ministry says it will release Roman Polanski on bail to house arrest in Gstaad.

PRINTEMAILSHARE RECOMMEND (0)
GENEVA -- The Swiss government says it will release Roman Polanski on bail and place him under house arrest at his chalet in the Alps.

The Justice Ministry says in a statement released Thursday that Polanski will be transferred as soon as possible.

A Swiss court has granted Polanski release on a bail of $4.5 million and under condition of electronic monitoring and house arrest.

The bail does not affect the Justice Ministry's pending decision on whether to extradite the 76-year-old director to the United States for having sex in Los Angeles in 1977 with a 13-year-old girl.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Facebook is a wonderful tool and communication medium for millions of people. Unfortunately, it is also used at times for violence, bullying, and other acts that led to the physical and / or emotional harm to children. In Calabass, California, a 12 year old boy was assaulted by classmates. A news report at Faox News stated that the assault may have been prompted by a posting titled "Kick a Ginger Day" which had something to do with an episode from the cartoon - South Park. Whatever the motivation, middle schools should be a place of safety and education for children rather than locations of assaults and bullying tactics. You can read more about this story at Facebook Post May Have Prompted Beating of Redhead at California Middle School.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Riverside, California, a party was planned at a home. In preparation for the party and guests to arrive, the owner of the home decided to move his truck. Tragically, as the man was moving his truck - he ran over his 17 month old son. Driveway accidents have been reported throughout the United States. It is clear the driveways are very dangerous areas for small children who have poor safety awareness. The death of this child is certainly a tragedy for the father, family, neighbors, the community. From deaths like these, it is important to emphasize to parents and all drivers that small children should be kept out of the driveway area or in the alternative be held or otherwise very closely supervised so that incidents like these do not happen in the future. You can read more about this story at Riverside, California Child Dies After Father Moves Truck for Party.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Three young children were hit by a car in California recently, when a truck stopped to let them cross the road and the impatient driver behind him tried to go around rather than stopping. The children were not seriously injured, but parents are upset because there are traffic signals installed at the intersection – and they have been disconnected for about two years. The parents believe that traffic signals would have prevented the accident. The intersection is near both an elementary and a middle school and is used heavily before and after school. According to police records, of the ten people hit by cars in the city this year, five were children.

According to the Contra Costa City engineer, Jason Vogan, the lights were covered because they could not be timed correctly to prevent a possible traffic backup over a nearby railroad crossing. The city has been trying to deal with the railroad to get the proper permission to re-start the lights. In the meantime, busy school intersections are monitored by a few police officers and school personnel. Both school officials and police believe that many accidents are caused by impatient parents picking up their kids.

All drivers and especially parents should use extreme caution when driving near a school. Many automobile accidents / pedestrian injuries can be avoided by drivers being more patient and aware when children are present. Find out more about keeping kids safe on the way to and from school at Signs left unused leave pedestrians out to dry.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Fresno County, California, CNN reported the horrible circumstances of the death of a 4 year old boy who ultimately was found in a dryer of a nearby apartment. Alex Christopher Mercato, who was only 4 at the time, was molested, sodomized, and drowned in a bathtub by a 14 year old California boy. The 14 year old (Raul Renato Castro) has been charged as an adult. Raul told police that he killed Alex because Christopher said that he was going to tell on Raul for molesting Alex. Raul faces a criminal sentence of up to 32 years if convicted due to his age and California penal / sentencing laws.

The death of Alex Christopher Mercato was tragic and such a loss to his family, church, and the community. One would think that a 14 year old neighbor or friend would not pose a risk or threat to a younger child. It is unfortunate that parents need to be wary of not only adults but other children who are pre-disposed to harm, molest, injury, or kill an innocent child. You can read more about this story at Frenso County Police State that Teen Killed Child to Protect a Secret / Crime.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Vista, California, a man was recently sentenced for the crime of leaving his small child in a hot car. It is very dangerous and careless for parents to put small children in danger of hyperthermia and related problems when left in a hot car. Especially during summer months, reports of serious injuries and even deaths have surfaced when a parent, caregiver, or day care provider has mistakenly left a child in a hot car. In Vista, California, Artermio Diaz was given a jail sentence of 180 days and probation for 4 years for this crime. Mr. Diaz apparently left his son in the vehicle while he shopped for groceries. While some may argue that parents should not be arrested for such conduct, it is important for all parents and caregivers to play it safe - Do not leave any children in a vehicle. You can read more about this story - Man Sentenced for Leaving Son in the Car While Grocery Shopping.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cupertino, California, a 5 year old child was run over by a teacher. Tragically, the 5 year old died. It was later determined that the day care center, Elite Chinese School, did not have a day care license. Elite has a business license but did not have the separate California day care license. As such, the State of California never inspected the facility or its grounds for safety or compliance with the applicable day care center guidelines and regulations. The accident at issue is also under investigation.
Nelson Wei was the student enrolled in the day care center who died as a result of this most unfortunate accident.

While having a license in place does not guarantee the safety of a child, proper licensing and compliance with applicable regulations are often times good indicators that a day care center is set up in a manner to promote the safety and welfare of the children enrolled in the day care program

You can read more about this story at Cupertino, California Day Care Center Did Not Have License to Operate Day Care Center.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Consumer Watchdog has filed a lawsuit alleging that California state insurance regulators allow insurance companies to deny necessary treatment to autistic children in violation of state law. The lawsuit seeks to compel the California Department of Managed Health Care to order health plans in the state to cover applied behavioral analysis (ABA) for autistic children if it is deemed medically necessary and is appropriately administered. A Los Angeles Superior Court Judge, James Chalfant, has ruled that the case may proceed to trial.

ABA is a therapy that teaches children how to eat, play and learn. It can cost more than a thousand dollars a week, and most California health insurance companies consider it “educational therapy” and decline to cover it. The case may ultimately hinge on the definition of a licensed provider. You can find out more about this impending case at Suit challenges state's autism practices.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, California, police and investigators continue to search for witnesses and participants in a horrendous gang rape incident that took place outside of a homecoming dance. Police recently reported that at least 10 participated in the assault while 10 others watched. What a terrible and unforgivable incident? The ten who participated are criminals and should serve time for their crimes. The victim was 15 years old. An interesting law passed in 1999 in California makes it a crime for the failure to report a crime committed against a child 14 and under. While the witnesses may not have committed a crime under this law, their lack of action and contribution as spectators should certainly be scrutinized and categorized as a crime if possible under other California statutes, ordinances, and / or case law. Forensic evidence has been collected which includes DNA evidence of several of the criminals involved in the assault. It was reported that the assault took place over a 2 1/2 hour time period. Even the Richmond, California School District has admitted some liability for these acts by the statements of Charles Ramsey, a member of the Richmond School Board. Mr. Ramsey stated that the school district bears some responsibility for the attack (assault) based on the lack of or inadequate supervision in the area of the attack. You can read more about this story and the related investigation at As Many As 20 Involved in Assault on 15 Year Old California Girl Outside of Homecoming Dance.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Roman Polanski case has brought out comments and opinions from politicians, public figures, movie industry executives, and celebrities including but not limited to Howard Stern. Many people find Howard Stern to be controversial. Some find him to be rude. What many do not know about Howard Stern is that there is often times a serious side or serious message to his satellite radio show played on Sirius Satellite Radio. Some times in life, it is important to pay more attention to the message rather than the messenger. Howard Stern and his on-air colleagues at Sirius were on the right mark with Roman Polanski. Rather than focus on Polanski's life achievements, work, and talent as a director, Howard Stern focused on the crime itself. The bottom line is that Roman Polanksi raped a 13 year old girl. The crime, whether it happened yesterday or 30 years ago, warrants a prison sentence in the State of California and some justice. You can listen to Howard Stern's comments at Howard Stern Discusses Roman Polanski Arrest. Whether you like Howard Stern or not, he happens to be right when it comes to the Roman Polanski arrest and extradition proceedings.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

It took less than one hour for a Tulare County jury to return a guilty verdict in this shocking California case. Nancy Ortiz, 24, of Orosi, California was found guilty on second degree murder and felony child abuse charges after she abandoned three of her children.

Two of the children were found alive and have been placed in foster care. The third died of exposure and was found in the bed of a pick-up truck. She was also convicted of misdemeanor child abuse after another of her children was found wandering the streets alone in nothing but a diaper. Ortiz will be sentenced on December 9th, 2009, and could serve over 22 years in prison for her actions.

You can read more about this sad case at Orosi mother who abandoned 3 infants found guilty of 2nd-degree murder in 1 child’s death.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, day care centers should be places of safety and education for children. Day care centers should not be places for illegal drugs or bomb making materials. The California Inland Island Child Care Regional Office recently ordered the closure of a day care center with such criminal activities. The Kuzelka family operated a day care center but did not limit their business or entrepreneur activities to child care. Law enforcement officials found bomb making materials and marijuana at the home / day care center as part of an investigation following a report that Benjamin Kuzelka blew off most of his hand Wednesday night with a liquid explosive that he was making in his garage.

It is abundantly clear that bomb making materials and illegal drugs can lead to dangerous incidents and personal injuries involving children. Criminal activities often times lead to violence, altercations, stabbings, and shootings. Furthermore, the volatile nature of bomb making materials can lead to explosions that can pose a danger to children.

You can read more about this story at Day Care Center Closed After Incident In Which Man Lost Most of His Hand From Bomb Making Materials.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, there has been a debate for years as to the parents right to inflict corporal punishment upon their child. Some parents use corporal punishment because that is the way the parent was raised. Other use it because there is a belief that corporal punishment shows authority and to some love. Yes, some believe that corporal punishment is an act of love that parents show to their children that the parents care. There can be a number of reasons that a parent inflict corporal punishment upon a child. Many safety child advocates believe that corporal punishment is just another mode of domestic violence. Children should not be subjected to injury or harm from corporal punishment. To many, corporal punishment is just a lazy, outdated, and barbaric way to discipline a child. A study conducted by Murray A. Straus (University of New Hampshire, Durham, New Hampshire) and Mallie J. Paschall (Prevention Research Center, Berkeley, California) indicates that there may be a link or association between corporal punishment / spanking and a child's IQ.

Corporal punishment is harmful to children and often times results in physical and emotional injuries. According to this study, children may also suffer from a lower IQ when being raised by a parent who frequently resorts to corporal punishment. Whether corporal punishment leads to lower IQ or not, there are far too many repercussions and dangers from corporal punishment for parents to keep on turning to this type of discipline.