MOM SEEKS LENIENCY IN ABUSE DEATH
The Star-Ledger
A Phillipsburg mother of two who pleaded guilty to aggravated manslaughter in connection with the death of her foster daughter faces up to 20 years in prison when sentenced today.
However, the woman's attorney has filed court papers arguing she should not be sent to jail.
In requesting a noncustodial sentence for Colleen Chavez, Deputy Public Defender Sheri Woliver noted in a brief filed in the Warren County Courthouse that 2-year-old Gladys Campbell may have had brain damage from abuse she suffered before being placed with the Chavez family. The attorney argued prior brain damage may have contributed to the child's death. According to the brief, the child's head "may have already been in a physically weakened condition due to prior abuse from her natural family" when Chavez used the excessive force that ultimately resulted in the girl's death.
Chavez, 25, was charged with first-degree murder, aggravated assault and endangering the welfare of a child in June 1988 after the foster child died at a Pennsylvania hospital from head injuries. Authorities said the girl suffered a skull fracture, split lip and numerous bruises, adding a hole in the wall of the girl's bedroom appeared to be caused from the child being slammed into the partition.
Chavez pleaded guilty to aggravated manslaughter in January, admitting to using excessive force and at one point smashing the child into the bedroom wall after becoming frustrated by the girl's behavior.
Chavez was pregnant with her second daughter at the time, and Woliver's brief notes Chavez was "experiencing emotional problems as a side effect of her pregnancy" that were heightened by the foster child's behavioral problems.
Previously, defense attorneys said the girl attacked herself by biting, picking and scratching at her body.
"It is clear that Mrs. Chavez acted out of frustration which was grossly exacerbated by Mrs. Chavez's own mental problems which existed during her pregnancy, and by the child's untreated physical and emotional problems," the brief states. "When the child acted out, Mrs. Chavez panicked and tragically overreacted. However, the moment she realized the child was physically hurt by her own actions, Mrs. Chavez immediately called for help."
Woliver wrote in the brief that Chavez "consistently" sought help from the Children's Home of Easton, Pa., which placed Campbell with the family, but the home provided "very little assistance or guidance."
The Children's Home's director could not be reached for comment.
Woliver also submitted letters from psychologists treating Chavez and her family stating the family would suffer if Chavez is sent to prison, and that incarceration would not help her rehabilitation.
Warren County Prosecutor Richard Hare would not comment on the case before the sentencing hearing.
Chavez has been free since July 9, 1988 after posting $7,500 in cash, 10 percent of her $75,000 bail that was established when an appellate court reduced her bail from $250,000.