Child abuse cases involving former Cape Coral mom delayed until 2022 here and in Alabama
MICHAEL BRAUN | Fort Myers News-Press
Child abuse cases in Lee County and in Alabama against a former Cape Coral mother, held up because of the COVID-19 pandemic and other factors, are now delayed until 2022 after a defense attorney suffered an injury.
Jenise Spurgeon, 58, is accused of multiple counts of child abuse in Alabama. Her case in Lee County involves 10 charges of aggravated child abuse.
Her Alabama case is part of a $25 million lawsuit and involves claims against the Alabama Department of Human Resources with charges of alleged sexual assault, sexual abuse and molestation.
Trial in Alabama was to begin Aug. 16, but a rise in COVID-19 cases there lead to another delay until October.
In the interim, one of Spurgeon's defense lawyers fractured his back and the case was reset for a status hearing on Jan. 25, with a plea cut off date of Feb. 3, and a trial call on Feb. 7, in Lauderdale County, Alabama.
That injury has delayed the Lee County case into the new year.
A pre-trial conference scheduled Tuesday before Lee County Judge Robert J. Branning was cancelled after a stipulation filed Friday, and signed by defense Attorney Peter Ringsmuth, representing Spurgeon, and assistant state attorney Francine Donnorummo, asked Branning for a delay until March 1.
"There are multiple minor victims, who are located throughout the United States. The charges in Alabama are the most serious charges the Defendant has currently pending," the stipulation recounted. "It is in the best interest of the child victims not to have to testify multiple times, in multiple cases. In all likelihood, a resolution of the pending case in Alabama will result in a resolution in the above pending case, without the necessity of a multiple-week trial."
Branning signed the stipulation about an hour after it was filed Friday.
Spurgeon's husband, Daniel Spurgeon, 52, was charged in Lee County with 15 counts, including sexual assault and lewd and lascivious behavior on a child 12-18 as well as multiple counts of aggravated child abuse.
He pleaded guilty in 2019 and was sentenced to 25 years in prison without parole in the Alabama case.
In the Alabama case, four victims of the alleged child abuse and neglect filed the suits in Lauderdale County, Alabama Circuit Court. They are seeking millions from the Spurgeons, the State of Alabama Department of Human Resources, Department of Human Resources Commissioner Nancy Buckner and yet to be identified Department of Human Resources caseworkers.
“My clients lived a daily nightmare because DHR workers failed to do their jobs and it is appalling that DHR allowed this to happen,” attorney Tommy James of Tommy James Law said of the complainants. “It is incomprehensible that this abuse went on for years right under the nose of DHR workers. They ignored clear and repeated signs of child abuse and neglect that resulted in emotional and physical consequences that my clients will live with forever.”
Cape Coral police arrested the Spurgeons in July 2016 on charges of sexual and physical abuse of at least 10 adopted or foster children in their care.
The Florida Department of Children and Families removed all adopted and foster children from the home.
Before they did, the 2,900-square-foot, four-bedroom home housed at least 15 people: the Spurgeons; five adopted children — daughters then 11, 13, 14 and two 16-year-olds; five foster children — boys 8 and 9, girls 10, 11 and 13; and three biological children, the arrest report said.
The Spurgeons were licensed foster and adoptive parents by the Alabama Department of Human Resources, and the believed victims were foster children and children the Spurgeons adopted.
In 2016, Daniel Spurgeon's Facebook timeline showed pictures of him with Jenise and children boating, on the beach and paddle boarding.
Jenise Spurgeon's Facebook posts included news about swim meets and baking cookies. It also said she studied biology at Chatham University in Pittsburgh and her LinkedIn profile said she was a homemaker interested in health and fitness.
Daniel Spurgeon's LinkedIn profile said he studied information technology at Baker College in Flint, Michigan, and computer science at the University of North Alabama. He had worked as an application developer for Xerox.
The children's Facebook photos and postings showed shots of them boating, on vacations, overseas and with friends and family.
Connect with breaking news reporter Michael Braun: MichaelBraunNP (Facebook), @MichaelBraunNP (Twitter) or mbraun@news-press.com.