Guardian found guilty of starving Chandler to death
Phillips given life in prison without parole
By Sue Lindsay, Rocky Mountain News (Contact)
Published August 4, 2008 at 3:56 p.m.
Updated August 12, 2008 at 4:41 p.m.
A sprinler waters the grass around Chandler's grave, which is covered with stuffed animals, flowers and a sippy cup filled with juice.
Photo by Darin McGregor © The Rocky
Amber Rowell breaks into tears after she and her son Aiden, 2, released balloons at the grave site of Chandler Grafner. Rowell was an emergency room registrar at Swedish Medical Center where Chandler was brought and held his hand later when he was pronounced dead.
Photo by Darin McGregor © The Rocky
The sun sets at the grave site of Chandler Grafner at Mt. Olivet Cemetery in Wheat Ridge.
Photo by Kathryn Scott Osler, Pool photo
Just prior to the reading of the guilty verdict, Jon Phillips' lawyer Darren Cantor consults with his client.
Photo by George Kochaniec Jr. © The Rocky
This drawing of Chandler Grafner and his younger brother Dominick, sketched by Dominick was displayed for the jury today during testimony by mental health therapist Tami Ellis.
Photo by George Kochaniec Jr. © The Rocky
This drawing of Chandler Grafner, sketched by his younger brother Dominick, was displayed for the jury today during testimony by mental health therapist Tami Ellis.
Photo by George Kochaniec Jr. © The Rocky
Mental health therapist Tami Ellis testifies this morning in Denver District Court.
Photo by George Kochaniec Jr. © The Rocky
Defendant Jon Phillips, left, listens to attorney Darren Cantor today in Denver District Court.
Photo by George Kochaniec Jr. © The Rocky
Denver Police Homicide Detective Martin Vigil testifies with a photo of evidence recovered from the Arapahoe County dump in Denver Court during the trial of Jon Phillips.
Photo by George Kochaniec Jr. © The Rocky
Copy of last school photo taken of Chandler Grafner. The photo was displayed in Denver District Court.
Photo by George Kochaniec Jr. © The Rocky
Denver District Judge John Madden listens to testimony in the murder trial of Jon Phillips, who is accused of starving 7-year-old Chandler Grafner to death.
Photo by George Kochaniec Jr. © The Rocky
Charles Martinez, of the DPD crime lab, testified that he found no usable prints in the closet where Chandler allegedly was kept.
Photo by George Kochaniec Jr. © The Rocky
David Hageman, who has transported bodies for 23 years, said seeing Chandler's emaciated body brought him to tears.
Photo by George Kochaniec Jr. © The Rocky
Dr. Kathryn Wells, child abuse specialist from Denver Health, testifies this morning in Denver District Court, where Jon Phillips is on trial for the murder of 7-year-old Chandler Grafner. Wells evaluated Chandler's injuries.
Photo by George Kochaniec Jr. © The Rocky
Jon Philips walks into Denver Court Wednesday morning August 6, 2008 where he is on trial for the murder of seven year old Chandler Grafner. At far left is defense attorney David Jones.
Photo by Barry Gutierrez © The Rocky
Robert Whitmore, left, former Denver coroner, answers question from prosecutor David Lamb.
A Denver jury took about three hours Tuesday to convict Jon Phillips of first-degree murder in the starvation death of 7-year-old Chandler Grafner.
He was immediately sentenced to life in prison without parole plus 49 years for child abuse resulting in death and for destruction of evidence.
Phillips, 27, looked straight ahead and showed no emotion, as he has during the rest of the two-week trial. He made no statement before he was sentenced.
Chandler's family members whispered an emphatic "Yes!" and held onto one another as they heard Phillips convicted on all counts.
"It would be an understatement to tell you this case was horrific," prosecutor Verna Carpenter told the judge before Phillips was sentenced, struggling to control her emotions.
Phillips was convicted of causing Chandler to die of starvation and dehydration while keeping him locked in a dark linen closet, surrounded by his excrement, while crying and screaming for something to eat or drink.
Autopsy photos showed him so emaciated that his eye sockets and most bones in his body stuck out. The little hair that hadn't fallen out from malnutrition was still standing up in the spikes that the little boy favored.
Carpenter said she has her own 7-year-old, blond, blue-eyed son, and then broke off, choking back tears that she had held at bay during the weeks of trial. Prosecutor David Lamb came to stand beside her.
"There is not a sentence long enough for Jon Phillips," she said. "He deserves the maximum you can give him. That's what justice requires."
"This case has taken an emotional toll on everyone," Judge John Madden said as he imposed the sentence.
Phillips' mother sobbed into the chest of public defender Darren Cantor after her son was led from the courtroom by deputies. Cantor hugged her and whispered, "Sorry."
Phillips' parents quickly left the courthouse, going down a side stairway to avoid reporters.
Chandler had come with his half-brother, Dominic, to live with Phillips and Berry after the boys' birth mother lost custody of them.
Prosecutor Lamb said Phillips grew to have an "intense dislike" for Chandler.
"By May of 2007, Jon Phillips had had enough of Chandler Grafner and wanted to raised only Dominic, his biological child," Lamb said.
After Tuesday's verdict, Chandler's grandmother, Sandra Younger said, "We really feel that justice was done here. We are thankful."
She said she is glad that Phillips will be behind bars for the rest of his life.
"I think he's a sociopath without a conscience."
Younger told the judge before sentencing, "I hope every day he suffers the way my baby did. I want him to live in the terror Chandler must have lived in. He is a monster."
Chandler's mother, Christina Grafner, wasn't present for the verdict. Younger said she was in the hospital.
Chandler's aunt, Stefanie Evilsizer, told the judge before sentencing that her nephew's "beautiful spirit was broken down by the monster sitting before us. He tore our entire world apart. No prison could be as bad as what Chandler was put through."
As he left the courtroom where he has sat for much of the trial, Chandler's biological father, Josh Norris said, "I've gotten a lot of closure today."
His girlfriend said the verdict gives Norris some peace just to "know this monster won't ever see the light of day again."
Jurors, who sat in the back of the courtroom for the sentencing hearing, declined to talk to reporters but clearly rejected the defense contention that Chandler died from undiagnosed diabetes.
"This is an incredibly sad case," defense attorney Cantor said after sentencing. "The verdict is obviously very disappointing to us, but I have tremendous respect for the jury and the system."
Phillip's girlfriend, Sarah Berry, 23, pleaded guilty Monday to second-degree murder, sparing her a possible life sentence for a first-degree murder conviction.
Younger said she supported the plea bargain because Berry had "manned up, she took responsibility and admitted what she did."
Defense attorneys and one expert pathologist contended that Chandler died of dehydration and wasting caused by undiagnosed diabetes that caused his body to feed on itself.
However, the bulk of medical experts who testified during the trial said there was no sign of diabetes in Chandler's body. Phillips and Berry had not sought medical care for Chandler in the weeks before he died, while he was wasting away.
Among the damning evidence was a cellphone call in which Berry asked Phillips what to do after Chandler became so desperate for water that he threatened to escape from the locked closet, get a knife and kill them if they didn't give him a drink. That call was made nine days before he died.
During the two-week trial, jurors were given a grim description of Chandler's final days. A mortuary worker who weighed him when he delivered his body to the coroner said he only weighed 31 pounds.
Doctors said it would have taken a week or two for Chandler to reach the level of starvation and dehydration he had when paramedics were summoned May 6, 2007, to find him he was already dead.
Prosecutors contended that Phillips and Berry waited several hours to call 911 while they ripped up and disposed of the feces-encrusted carpet from the linen closet. In the spring of 2007, Chandler had attracted the attention of teachers, social workers and police, after he came to school with his ear entirely black. He told teachers "my daddy clobbered me" but later changed his story to say he had slipped in the shower.
Withholding food as a punishment was already apparent then, prosecutors said. When an investigator asked him if he had eaten, he replied, "I'm not good so I don't get things."
But Chandler fell through the social services cracks and was returned to Phillips and Berry with no follow-up.
His death prompted major efforts to examine what went wrong with his case and to reform the system in Denver and statewide.
Lamb said Phillips chose to kill Chandler by depriving him of food and water because of increasing scrutiny by authorities.
Lamb asked the jury for a first-degree murder conviction during his closing argument, saying "anything less than that is a gift of mercy to a man who showed none."
TRIAL BLOG
2:14 p.m.
"This is an incredibly sad case," said Phillips' defense attorney, Darren Cantor.
"The verdict is obviously very disappointing to us. but I have tremendous respect for the jury and the system. We had a different view of things."
Cantor said that a number of doctors they took Chandler's records to believed he died from diabetes. He said they only presented one expert because they did not see the point in making jurors sit through repetitive testimony.
"This case had a fair share of pain for everyone involved," said defense attorney David Jones. A child died. No one could look at those photos and not feel that."
The defense attorneys said they disagreed about the cause of death, but couldn't explain why, if Chandler did have diabetes, he wasn't taken to the doctor long before he died. Jones said that they believed that Phillips should have been charged not with murder but with medical neglect or failure to provide medical care for Chandler.
Cantor said the horrific photos of Chandler's emaciated body set the tone for the case. "They started that emotional roller coaster. Any time you have a case with that kind of emotion involved, it makes it an uphill battle," he said.
Cantor said Phillips was never offered a plea bargain for second-degree murder, as Berry was at the end of the trial.
1:56 p.m.
The prosecutors held a brief news conference with reporters after the trial.
Prosecutor David Lamb applauded the jury for its attention and effort in the case.
"They had a hard job," he said. "We took three weeks out of their lives and showed them some of the worst evidence I've ever seen, so I'm very grateful to them."
Lamb said the case became personal to everyone involved.
"The story is pretty awful, but everything we ever heard about Chandler is that this was a special kid. That made it personal."
The case was particularly personal for prosecutor Verna Carpenter, who kept it together throughout the trial until the sentencing hearing when she had trouble keeping her tears at bay.
"I have a 7-year-old blond-haired, blue-eyed little boy," she said. "You can't imagine subjecting a child to what Chandler went through. Children are innocent and dependent and they need people around them to protect them."
Prosecutors acknowledged that social services officials have taken a lot of criticism for failing to protect Chandler. "The social services system is very flawed," Carpenter said, "but I lay every single ounce of blame and responsibility in this case at the feet of Jon Phillips and Sarah Berry."
She said she hoped the case would serve to make people more vigilant to signs of abuse in children and more willing to step up and say something.
She and Lamb praised the work of police, investigators, teachers and a number of medical professionals who offered to help with the prosecution for free.
Neither had an explanation for Phillips' lack of emotion during the trial.
"I cried the first time I saw pictures of Chandler," Carpenter said. "It should upset you." She said Phillips' lack of reaction at seeing those photos or, apparently, to what Chandler looked like when he was alive is confounding.
"I don't know what goes on with Mr. Phillips," Lamb said. "It didn't surprise me. My guess is that by now, Mr. Phillips has turned a lot of himself off."
1:40 p.m.
Detective Ken Klaus. who interviewed Chandler's little brother, came to court for the verdict.
Asked whether this was one of the worst cases he'd ever seen, he said, "It does stand out but there's always another one, unfortunately. I work with kids. It's what I do. Every case that comes along requires the same amount of energy and passion as this one."
The verdict is a hollow victory for Klaus.
"A child had to die to get this verdict. We weren't able to save him."
"The system worked. The citizens of Denver came together and gave a little boy justification, even though he's dead."
Sarah Berry pleaded guilty Monday afternoon to second-degree murder.
"Nobody wins in a situation like this," said her public defender, Jason Young. "This is an incredibly tragic situation for all the families involved. Hopefully this gives all the families some closure and the ability to move on with the rest of their lives."
Young said the plea offer came up in the final days of the trial and had not previously been on the table.
"It was something that developed late," he said. "We always consider all our options and would have been foolish not to do so. Fortunately, I think it worked out for Sarah's benefit." He said she must serve 75 percent of her sentence and would be eligible for parole at age 58.
Young and fellow public defender Willie Rios sat in on most of the Phillips trial.
"We obviously have been working on this case for a year," Young said. "We knew exactly what was coming in at trial. We knew what the reactions would be."
1:03 p.m.
Phillips’ mother sobbed into the chest of public defender Darren Cantor after the sentencing hearing was over. He hugged her and whispered, “sorry.”
Phillips’ parents quickly left the courthouse, going down a side stairway to avoid being asked for comment.
Prosecutors, investigators and Chandler’s family all hugged and dabbed at tears.
Chandler’s grandmother, Sandra Younger said, “We really feel that justice was done here. We are thankful.”
She said she is glad that Phillips will be behind bars for the rest of his life.
“I think he’s a sociopath without a conscience.”
She said she supported the plea bargain to second-degree murder that Berry received.
“Absolutely,” she said. “She took responsibility. She manned up and admitted what she did.”
11:56 a.m.
Phillips’ conviction on first-degree murder means a mandatory life prison term without parole.
Jurors came back into the courtroom for the sentencing hearing.
Public defender Darren Cantor said he would say nothing and Phillips would make no comment because the conviction would be appealed.
Verna Carpenter said she believed Phillips must be receive consecutive sentences for the different counts. He faces up to 48 years on the child abuse charge and 3 years on the destruction of evidence charge.
Chandler’s aunt told the judge, “from the moment that Chandler was born he lit up our lives. His beautiful spirit was broken down by the monster sitting before us. He tore our entire world apart. No prison could be as bad as what Chandler was put through.”
John Norris, Chandler’s biological father, I’ve never had the honor of knowing that my son. And now never get that chance.
We all hope that justice will be served.
Chandler’s grandmother Sandra Younger said, “He took my beautiful grandson from me. He did this knowingly and with malice and hate in his heart and he did it to destroy my daughter. I hope every day he suffers the way my baby did. I want him to live in the terror Chandler must have lived in. He is a monster. I miss Chandler every single day. I have a new grandson that will never know Chandler except from us.”
“It would be an understatement to tell you this case was horrific,” prosecutor Verna Carpenter, for the first time, struggling to control her emotions.
“This community should be proud of their teachers,” she said. “That community is suffering a huge loss. It’s horrible. It’s beyond belief what Jon Phillips did. When I talked to my 7-year-old boy this morning,” she said, choking back tears and breaking off. Prosecutor David Lamb came to stand beside her. “There is not a sentence long enough for Jon Phillips. He deserves the maximum you can give him. That’s what justice requires.”
“This has taken an emotional toll on everyone,” Judge Madden said.
Phillips had no prior felony convictions.
He was sentenced to life in prison without parole.
Madden sentenced him to 48 years for child abuse resulting in death. He sentenced him to one year for tampering with evidence.
The judge ordered that the sentences be consecutive.
11:21 p.m.
Going forward with sentencing.
11:20 a.m.
Phillips found guilty on all counts. Going to immediate sentencing.
11:20 a.m.
Phillips sits facing straight ahead showing no emotion as he has during the trial.
Jury convicts him on all counts. Chandler’s family and friends whisper “Yes!”. Chandler’s parents hug one another.
11:17 a.m.
Prosecutor Verna Carpenter reminds family and friends of Chandler not to react regardless of the verdict.
Jon Phillips enters the courtroom with his attorneys.
More prosecutors and law enforcement take seats to hear the verdict.
11:01 a.m.
The jury just told the court clerk that it has reached a verdict.
The clerk is calling attorneys to get them to the courtroom.
10:08 a.m.
Prosecutor David Lamb comes into the court briefly and asks, "What could you possibly be blogging about?"
A court clerk asks the jury about their lunch plans.
9:45 a.m. today
The jury in the Jon Phillips murder trial is deliberating quietly, with nary a peep from the jury room in Courtroom 16.
Judge John Madden is working on his computer at the bench.
The hubbub expected in court today with jury selection getting underway for Sarah Berry evaporated late yesterday afternoon with Berry’s unexpected plea to second-degree murder.
Phillips’ parents are sitting in the hallway as they have during the entire trial, waiting to give their son encouragement when he walks to and from the courtroom.
TV media remain cloistered in a very hot, stuffy anteroom where they have monitored the expanded media coverage (aka cameras in the courtroom) of the trial since it began two weeks ago.
The Rocky is the lone blogger so far.
5:25 p.m. Monday
Berry answered questions from the judge in a faint voice, barely whispering at times.
Her trial was supposed to begin with jury selection Tuesday morning. Judge Madden instructed her that she risked a life prison sentence if convicted of first-degree murder but also might be acquitted or convicted of a lesser charge.
She and her attorneys agreed that the factual basis of the plea was the affidavit prepared at the time of her arrest, which detailed Chandler’s starvation and dehydration, and the conditions in the closet in which he was imprisoned.
“Guilty,” she said, choking back tears.
Berry will be sentenced Sept. 29.
She left the courtroom with her eyes downcast, not looking at her family.
5:13 p.m.
Sarah Berry, who also was charged with first-degree murder in the death of 7-year-old Chandler Grafner, pleaded guilty to second-degree murder late today.
Berry’s trial was to get underway Tuesday as the jury deliberated its verdict in the Jon Phillips case.
But last-minute negotiations resulted in a plea bargain that spares Berry from a possible life prison sentence.
She will be sentenced to 48 years in prison.
She faced the same charges as Phillips – first-degree murder, child abuse resulting in death and destruction of evidence.
Berry appeared in court in a khaki jail uniform, shackles around her waist.
3:53 p.m.
Defense asks for mistrial based on personal comments by prosecutors during closings.
Judge says comments don’t cross the line or merit declaring a mistrial. He said defense objected to the comments when they were made and he sustained the objections.
He again denied a motion for judgment for acquittal.
3:44 p.m.
Chandler and Dominic both told people about the cold showers.
Dominic told the detective that Chandler had to pee and poop in the closet, she said.
He also said that his mommy and daddy cleaned the closet before calling 911.
Carpenter said she was at a loss for how to deal with the cat-box theory of the defense.
“The cat that basically must have exploded in the closet,” she said, “the absurdity that cat droppings would account for the amount of feces found in the closet, on the box and the air mattress.”
If jurors remained uncertain, Carpenter suggested they get the evidence box containing the air mattress. “Open it up and take a whiff,” she suggested, “and ask yourself how someone cleaning up cat droppings would smear them all over the air mattress and the bottom of the closet shelf.”
“After Jan. 11, Jon Phillips thought no one was watching Chandler any more and that’s when things changed dramatically,” she said. “He forgot someone was watching -- A really smart 5-year-old boy who led us to the evidence.”
“At some point of screaming for food and water, he probably gave up and only Dominic could hear his pleas,” Carpenter said.
She asked for guilty verdicts on charges of first-degree murder, child abuse resulting in death and destruction of evidence.
The jury is dismissed for a break and to begin deliberations.
3:32 p.m.
Phillips’ defense attorneys said in opening statements that their expert would say he died of diabetic ketoacidosis, but his opinion changed by the time he testified, prosecutor Verna Carpenter said.
“That’s because there weren’t any ketones in Chandler’s body,” she said. “There was no acetone in his blood.”
Instead, she said, Dr. Stephen Factor testified Chandler died of having an elevated blood glucose level “that would suck the tissue dry.” She noted that he conceded that could have been caused by diabetes or being deprived food and water.
The blood tests that Factor relied on were conducted on blood that had been stored improperly in a lab that wasn’t accredited, she said.
She said it doesn’t matter whether Chandler had pneumonia or had aspirated some vomit, because neither caused his death.
Factor also said he couldn’t tell if Chandler had been deprived of food, she said.
Carpenter said that Factor’s opinion doesn’t explain why Chandler had sores all over his body for rubbing against hard surfaces while having no fat left in his body.
Prosecution experts said Chandler had been deprived of vitamins, minerals and essential fatty acids, not just food and water, she said.
“Chandler had ceased growing long before he succumbed to starvation and dehydration,” she said, something that took several weeks.
“He was likely in a comatose state,” she said.
3:14 p.m.
“In the end, you have to ask yourself, did they prove this to you,” Cantor told the jury.
“This is not the most serious charge you can be charged with, first-degree murder, this is someone who missed the signs,” Cantor said.
2:52 p.m.
“The winds of emotion have blown through this case” from the moment paramedics came to Chandler’s home, said defense attorney Darren Cantor.
“Those people had every reason to be upset by what they saw,” he said. But Chandler’s appearance and his death weren’t caused by Phillips’ intentional starvation of the 7-year-old boy, he said.
Cantor said that medical evidence indicates that Chandler’s blood sugar was high at the time he died.
The high glucose level from Chandler’s eye fluid means that his blood sugar level was even higher when he died, Cantor said.
The changes that defense expert Dr. Stephen Factor found in Chandler’s liver, pancreas and kidney don’t happen quickly and indicate that he had diabetes, Cantor said.
“It’s not starvation,” Cantor said. There was no change in the heart tissue, he said. Chandler didn’t have a fatty liver which would be expected if he was being starved to death, he said.
The shocking photos of Chandler’s emaciated body at death show that his body was feeding on itself because he had diabetes, Cantor said.
The many air fresheners found in the apartment were there merely to get rid of the odor of the cat, he said.
The so-called security camera wasn’t hooked up to anything and a person would have had to be sitting in the living room – where the camera was - to watch what it recorded, he said. There were better locations for the camera if they were truly trying to monitor the linen closet, he said.
The kind of starvation and dehydration Chandler suffered can easily be the result of an unrecognized case of diabetes, Cantor said, if you don’t see the signs.
Prosecutors “cherry-picked” through Dominic’s statements to find the ones that fit the picture they were trying to paint, Cantor said.
Dominic gave many different versions of events. “What’s he mixing up? We have no clue,” Cantor said.
Dominic drew Chandler standing up in the closet, Cantor said, when that was impossible in the linen closet.
He noted that no clothing was produced as evidence with feces, urine or vomit on it.
As for cleaning up after Chandler died, Cantor asked, “If you’re gonna do a cover-up, wouldn’t you pull the carpet pad, too?”
He also said they wouldn’t have left all the air fresheners around if they were part of a massive cover-up.
If Chandler was screaming for help, as Dominic said, why didn’t any of the neighbors hear him, Cantor asked.
2:19 p.m.
Prosecutor David Lamb began closings by showing the green apartment door behind which Chandler lived, telling jurors that secrets went on behind that door, but the trial had opened that door.
Chandler gave many hints long before he died.
When asked if he had eaten, he said, “I’m not good so I don’t get things.”
“What has to be done to a child for a child of 7 to describe himself as not good enough for food?” Lamb asked.
“What 7-year-old has the concept of going to jail if he lies?”
Lamb also described the “cruelty of Chandler’s last Easter” when Phillips wouldn’t let him play or sit with the family and forced him to have oatmeal by himself instead of Easter dinner with the family.
Lamb showed the jury the photo of chandler and his brother, with bars drawn over Chandler’s smiling face.
“Who does this? Who puts a child in prison? Who does this to a photograph and then displays it for everyone to see?”
He was not killed by a secret killer,” Lamb said. Instead, Chandler was killed by the man he knew as his father.
“He chose to deprive this child of food and water knowing if you do that, the child is going to die,” Lamb said..
In January 2007, Lamb said, “being beaten was just the starting point for Chandler. He was being beaten and abused and he was being programmed not to talk about it.
He showed up at school with bruises over and over, Lamb said. On Jan. 17, 2007, he comes to school with a blackened ear. He tells them “my daddy clobbered me.” But a few days later, he tells them he slipped in the shower and that his parents were angry that he had talked to his teachers about being hit. He confides in a teacher’s aide, “I get in so much trouble when you interrogate me.”
Chandler’s parents knew they had to shut him up, Lamb said, so they pulled him out of school and stopped bringing him around Old Chicago Restaurant where both Phillips and Berry worked.
Food became a weapon to be used against Chandler, Lamb said. The ultimate punishment became the linen closet where Chandler would eventually be kept in filth without food or water and left to die.
The last time anyone sees him in any kind of health is April 2007, when he is refused Easter dinner, Lamb said.
Lamb quoted Chandler’s brother telling his therapist, “Chandler would beg me for food. Sometimes they would feed him. Sometimes they would not.”
As for the closet, Lamb said, “That was a prison cell.” He noted the screws and twine used to keep the doors closed from the outside.
Lamb pointed out the fingerprints on the closet door pointing up from the bottom, indicating that someone on the floor was pushing on that door trying to get our.
DNA from cells left in Chandler’s feces in the closet show he was kept prisoner there, Lamb said.
Dominic also told jurors about the closet, Lamb said. “He showed you through those drawings what happened in the closet,” he said.
Lamb showed jurors photos of Chandler’s emaciated body after death. “Chandler’s little body tells you he wasn’t even allowed to be comfortable in this cell. Chandler’s little body tells you he was in this closet for a long time.”
“It was a simple equation for Jon Phillips,” Lamb said.
“By May of 2007 Jon Phillips had had enough of Chandler Grafner” and wanted to raise only his biological child, Chandler’s little brother, Lamb said. “He had an intense dislike for Chandler Grafner.”
“His motive against this child is spelled out in bruises from that school in January to the morgue in May.He had a choice to make based on self-preservation. Jon Phillips had a choice to make. He chose a dead body over explaining a sick and battered child. Jon Phillips chose a dead body over having to explain an injured child again.”
“A dead body doesn’t talk, doesn’t talk about the closet, about the bruises and a dead body won’t put you in jail.”
Jon Phillips knew Chandler was dying, Lamb said.
“Who on this planet would look at this child and say he’s just a little sick? He was a living corpse,” Lamb said.
The time it took to get to this condition indicates that Phillips knew Chandler was dying, Lamb said.
Chandler’s repeated demands for food and water were ignored. “This man knew what he needed to stay alive,” Lamb said.
There was an overwhelming smell of decay, feces, urine and cleaning products in the apartment, Lamb said. “They show you that this man knew he had a corpse in the closet,” Lamb said, pointing to Phillips.
Phillips and Berry dealt with it by buying dozens of forms of air fresheners, air purifiers and air filters. They also placed a fan in the bathroom window to try to “vent the odor of Chandler’s demise out of this apartment,” Lamb said.
“On May 4, what did they do? They went to Wal-Mart to buy more things to cover the stench of this dying boy.”
They also altered the refrigerator door so it wouldn’t be easily opened and installed a security camera to make sure they knew if he ever escaped, Lamb said.
Phillips told police that it took 20 minutes for paramedics to arrive when it took less than a minute, Lamb said.
They cleaned up the evidence and took the stuff to the trash before calling 911, Lamb said.
He even concealed the fact that he had pulled Chandler out of school from his own mother, Lamb said.
He had no birthday party because “the war was on” by then, Lamb said.
Phillips showed no reaction when Chandler died because “he expected it” and had caused his death, Lamb said.
Dominic drew a picture of Chandler on the day he died, saying, “His eyes were open but he wasn’t able to talk because his throat hurt.”
Lamb also reminded jurors about the picture of Chandler that Dominic drew with “squiggles” coming from him that Dominic said were his screams for help.
Lamb also played the cell phone message from Berry to Phillips telling him that Phillips told Dominic if they didn’t give him something to drink, he was going to get a knife from the kitchen and kill them.
“Chandler didn’t die for another eight days,” Lamb said.
Lamb’s voice broke as he described Chandler’s last days.
He asked the jury to find Phillips guilty on all three charges.
“Anything less than guilty of murder in the first degree is not the full measure of justice that the evidence shows you,” he said.
“Anything less than that is a gift of mercy to a man who showed none.”
1:17 p.m.
The trial resumed at 1 p.m. sharp and Judge Madden is reading instructions to the jury.
Although the defense attorneys said they intended to present evidence that Chandler’s paternal family has a history of diabetes, that didn’t take place. Defense attorney David Jones said he learned of that possibility through comments to the Rocky’s blog where relatives have discussed diabetes in their family.
It’s not clear why the defense only learned of that fact, if it is true, through the Rocky’s blog.
Jurors will hear closing arguments after instructions are read.
10 a.m.
More than a year after his gruesome death, little Chandler Grafner will get a headstone, thanks to Rocky Mountain News readers.
The Rocky reported last year that the boy was buried at a Wheat Ridge cemetery without a headstone. Since then, dozens of readers have contacted the Rocky, offering to pay for the marker.
After lengthy delays because of disagreement among family members over how to handle the issue, the parents agreed in June to allow donors to pay. A fund was set up with the aid of a non-profit agency and more than enough money was collected within a week.
Norman's Memorials in Wheat Ridge ordered the granite last month and the headstone is expected to be installed this fall.
Seven-year-old Chandler Grafner died May 6, 2007. His caretakers - Jon Phillips and his common-law wife, Sarah Berry - are accused of locking Chandler in a closet and starving him to death.
Phillips' murder trial is expected to conclude this week and Berry is expected to go on trial later this year. Since the trial began, readers have been contacting the Rocky about the headstone.
Last fall, the boy's father, Josh Norris, and the mother, Christina Grafner, met with Norman's Memorials in Wheat Ridge to pick out a flat marker of dark blue granite. The design is to include a ceramic photo of the boy holding a baseball when he was about 4, and phrases such as "You are my sunshine" and "An angel too beautiful for this world to keep."
But they disagreed over how to pay. Norris, who was not involved with Chandler, said he didn't have enough money to pay for the marker. Grafner wanted the family to take care of the headstone but they didn't, she said.
Without agreement from the parents, the headstone could not be ordered.
In June, the Rocky contacted the boy's parents after learning that the grave still didn't have a headstone. The mother decided to allow Rocky readers to pay for the headstone. At the time, she said she was pregnant and felt bad that her son still didn't have a marker and she wanted him to have one. Norris said he was unemployed and could not pay.
A memorial fund set up for the headstone collected more than $4,000. The marker costs just over $1,300. The remaining money will be given to a charity that helps abused and neglected children.
The Rocky will report when the headstone is installed. Chandler is buried in the children's section of Mount Olivet Cemetery.
--Myung Oak Kim
9:02 a.m. Monday
Jon Phillips was advised about his right to testify.
He said he’s been advised about that right and made the decision not to testify.
Prosecutors tell the judge they have decided not to present any rebuttal testimony.
Defense attorney David Jones says they may want to present a last minute witness from the Chandler’s family to testify about a family history of diabetes. Family members have been discussing this on comments to the the Rocky’s blog, he said. He asks for more time to locate a witness.
The prosecution says that what the defense does may change their decision about rebuttal.
Judge Madden decides he will call the jury in, both sides will rest and they may reopen the case if necessary and the witness is located.
The jury is called in and the defense and prosecution formally rest their cases.
The jury is given a long, early morning break to allow lawyers to argue about what instructions of the law they will hear. They are told to be back at 1 p.m.
4:59 p.m. Friday
Cross examination of Dr. Factor continued after the break.
Carpenter tried to show that Factor didn’t know anything about how the blood was stored before it was tested after the autopsy or the certification of the lab that conducted the test. But Factor emphatically stated that “unless the blood had totally degraded and has mold growing in it,” the test results he saw were valid for showing that Chandler had diabetes.
Factor agreed that Chandler was so severely dehydrated that it alone could have killed him. He also agreed that he can’t tell what caused the dehydration, including whether he was denied water or anything to drink for days.
Judge adjourns court for the day.
The defense is expected to rest Monday morning.
There will be some rebuttal testimony Monday before closing arguments.
3:42 p.m.
Dr. Factor vigorously resisted prosecutor Verna Carpenter’s attempts to show he wasn’t an expert in childhood diabetes and would have to “defer” to the opinions of someone who was.
“I don’t need a pediatric pathologist to tell me what the findings were in this case,” he said.
He admitted he didn’t review police reports and didn’t know if the evidence showed that Chandler was denied food and water by his parents.
Carpenter contended that Factor reached his conclusions without knowing that Chandler had been injected with glucose and had 45 minutes of CPR during resuscitation. None of the results shown in Chandler’s autopsy were related to the injection of glucose or CPR during resuscitation, he said.
“It would not at ALL affect the liver changes or the pancreatic change” or the blood test,” Factor said, a growing tone of exasperation in his voice.
Carpenter showed Factor a photo of Chandler’s emaciated body after death.
“You would agree that his appearance is not normal, correct?”
“He certainly looks wasted,” he said.
“Anyone could see that?” she asked.
“Yep.”
He said he agreed that Chandler would not reach that appearance overnight.
He said that any bruises and abrasions on Chandler’s body would not be related to diabetes.
Carpenter pointed out that Factor did not find evidence of ketoacidosis, the complication that defense attorneys said during opening statement had claimed Chandler’s life.
“Based on the one measurement in the blood, he did not have acetone in this blood; however, that did not negate the likelihood that he had diabetes with severe hyperglycemia,” Factor said.
Factor said a diagnosis of ketoacidosis is usually not done after death.
“Because parents usually take their kids to the hospital when they’re sick, right?” asked Carpenter, prompting an objection by the defense which was sustained.
Court goes to afternoon recess. Cross will continue after break.
3:05 p.m.
Dr. Stephen Factor continued his expert testimony for the defense after the lunch break.
The pathologist said he saw changes in Chandler’s pancreas that indicated elevated glucose levels associated with diabetes.
“This is something that takes months to develop if not years,” he said.
He said the changes showed the pancreas was developing specialized tissue to try to overcome the problem the body was having dealing with sugar.
Factor said he didn’t see evidence of pneumonia that the Denver coroner saw.
He said he saw “extensive aspiration of protein material” in the airways of the lung often associated with vomiting. He said it likely occurred just before the time of death but couldn’t tell if it had anything to do with causing his death. If it had been there for along time, it would have developed into pneumonia.
Factor said the kidney showed changes and damage caused by severe dehydration. He said one of the complications of diabetes is increased urination because sugar acts as a diuretic in diabetics.
He said Chandler’s organs did not show evidence of starvation caused by being deprived food.
The heart slides were completely normal, he said.
He said he asked for a special blood test because of what he saw in the tissue slides and Chandler’s emaciated state
The results, he said, “confirmed my belief that he had diabetes as a cause of his wasting and dehydration.”
He said the stored blood from Chandler’s body would have lost glucose during storage, “so the elevated levels of glucose showed that he had elevated levels of glucose in his body for a long period of time – weeks.”
The injection of glucose given to Chandler during resuscitation efforts wouldn’t have a meaningful impact on the test, he said.
A person can lose 10 to 20 pounds of weight over a short period of time just by sweating during physical activity, he said.
Chandler could have lost 15 percent of his weight due to dehydration caused by diabetes, he said.
Diabetes can be diagnosed after death in this case, he said, as well as others he has seen in the past.
The vast majority of patients are diagnosed when they are alive, he said. “Diabetes can be a fatal condition,” he said. “I’ve seen several patients not diagnosed until after death.
As for Chandler’s emaciated state when he died, Factor said, “Wasting is part of the whole picture of diabetes.” Because of problems with insulin, he said, “the body has to shift for metabolic reasons to using up fat and protein stores (in muscle tissue) for energy.”
Factor said he couldn’t rule out starvation by being deprived of food as an “associated cause” of Chandler’s death, but that the changes in his body were explained by diabetes which he believed caused Chandler’s dehydration and wasting of his body.
His emaciated condition was consistent with untreated or uncontrolled diabetes, Factor said.
He said he did not see anything in the slides inconsistent with diabetes.
“I am absolutely certain he had diabetes,” he said.
12:33 p.m.
New York pathologist Steven Factor testified as an expert witness for the defense via a video conference from Maine where he is vacationing. He is the key witness the defense is relying on to show that Chandler died of a complication of undiagnosed diabetes.
Factor said he has done autopsies on persons with diabetes, including children.
He said he reviewed Chandler’s autopsy report and tissue slides in his case.
He didn’t look at photographs of Chandler, he said.
He said there is a difference between autopsies conducted at a hospital and by a medical examiner. He said examination of the fluid within the eye became routine for medical examiners because of the delay in getting the body to the coroner’s office.
Changes occur in that fluid as a result of changes in the cells of the eye, he said. It cannot be used to compare the level of electrolytes in the blood, he said.
If the glucose level in the eye fluid is low, it can’t be used to show the level of glucose in the blood, Factor said.
If the eye glucose level is high, it is significant because it would indicate that the glucose level in the blood would be even higher, he said.
He said Chandler had very high levels of sodium, chloride, glucose, urea and nitrogen in his eye fluid.
The injection of glucose in Chandler’s body by paramedics who were trying to save him wouldn’t have impacted his blood glucose level, causing it to shoot up, he said. “He was already dead when he was being resuscitated,” he said.
Factor said he had seen many cases where subjects received injections like Chandler did and the glucose in the eye fluid was at its normal low level.
Giving CPR for a long period of time wouldn’t affect that either, he said.
He said he reviewed the liver slides for Chandler’s autopsy. They indicated that a high amount of blood glucose had been taken into the liver, he said. The injection of glucose Chandler received wouldn’t have affected this because the liver shuts down at death, he said. Factor said the liver slides told him that Chandler had a high level of glucose in his blood before he died.
Trial adjourns until 2 p.m. for lunch.
11:36 a.m.
Several Rocky commenters and readers have wondered: Why no death penalty for Jon Phillips?
Sue Lindsay's response:
Prosecutors could have sought the death penalty for first-degree murder against Jon Phillips but chose not to.
“The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death,” said prosecutor Verna Carpenter. “We didn’t think that would be healthy for Dominic.”
11:35 a.m.
Trial was recessed to allow everyone to move to Courtroom 6, where the courtroom has been set up for video testimony from the defense witness.
10:33 a.m.
Joseph Crossley said he worked with Jon Phillips at Old Chicago and last saw Chandler a week or two before he died. He said he looked healthy and not as if he had been losing weight.
Sarah Berry had given him a ride to work, he said.
10:25 a.m.
Donna Crossley, who met Phillips through her son when he worked at Old Chicago, smiled at Phillips as she was sworn in as a defense witness.
She said her son was getting out from work late one night in early 2007 and Phillips brought her a glass of iced tea. He talked about getting custody of his two kids and talked about how much he loved them.
“He cared about them,” she said. “He wanted a good life for them.”
She said she saw them off and on over a period of about three months and never saw a difference in the way the kids acted or how Phillips treated them.
She said she knew Phillips less than a year and the boys only a few months.
She said she was never at the Phillips home.
10:06 a.m.
Prosecutor David Lamb begins cross-examination, showing that defense expert witness Edward Wilson didn't review all the evidence in the case. Wilson said he didn't review all the police interviews because that's not his area of expertise.
If a question has to be asked repeatedly, Wilson said, there is a risk that the subject matter of the question is embedded in the child's memory. "If you allow a child to go back and back and back, certainly it will set a memory that may overtake what really happened," he said.
If a child gives two different stories, it raises the question of what is the truth, he said.
If a child is placed in a closet or given cold showers for punishment and parents act like that's normal, the child may believe that's normal, he agreed.
Giving rewards like the yellow ball Dominic was given for telling on his brother for stealing food, quickly reinforces that behavior in children, he agreed.
Lamb contended that Dominic set the tone in his interviews with therapist Tammie Ellis and was the one, for example, who told her that the squiggles coming from the figure he drew of Chandler represented his screams for food and water.
Wilson said there is a difference between investigative and therapeutic interviews.
"When you develop a therapeutic alliance, you are sending a signal to the child that no matter what is said or how terrible it is, you are with a person who is nonjudgmental and you can say or do anything. That's different than what you do in an investigative interview," he said.
Although he said Tammie Ellis did a good job of developing that therapeutic alliance, when a therapist is in alliance with the police department, the results you get are going to be skewed, Wilson said.
Wilson said Dominic saw the trauma as his loss of family, not the death of Chandler that Ellis concentrated on.
Wilson said he wasn't saying that Dominic was unreliable. "That is the jury's job," he said.
Lamb said Wilson was being paid to say detective Ken Klaus did a bad job interviewing Dominic. Wilson said he is paid $250 an hour or a $2,000 per diem during testimony.
Lamb gave examples of things Dominic said that were found to be true because of evidence like the box and carpet found in the trash that he had described.
Defense attorney David Jones reiterated through Wilson that giving a skewed interview can affect what the child says.
9:32 a.m. Friday
Defense witness Edward Wilson, an expert in child psychology and forensic interviewing, continued testimony begun late yesterday. He was called to evaluate the interviews that 5-year-old Dominic had given.
He said he sees a problem with Dominic’s interviews with police, particularly with repeated questioning, even when the interviewer tries not to be leading in the questions.
A child that age does not understand time concepts like how long timeout is or when things really happened, he said.
Repeated questioning also is a problem because the subject of the questions becomes part of the child’s memory, he said.
Children sometimes will hide or hoard food when they suffer from attachment disorder, he said, explaining that it is a sign they are not secure.
Problems with potty training are also a sign of attachment disorder.
Potty issues come up as the child is around age 2 and beginning to develop autonomy, he said.
Smearing feces on the wall is another sign of attachment disorder, he said
4:50 p.m. Thursday
Psychologist Edward Wilson, an expert in child psychology and forensic interviewing, was called to evaluate the interviews that 5-year-old Dominic had given.
Children his age are egocentric, view the world as revolving around them, have a poor concept of time and may mingle fact and fantasy in what they say, Wilson said.
The younger the child, the more suggestible they are, he said.
Children often will give the responses they think you want, he said.
4:07 p.m.
The two boys’ mother was a “train wreck,” prosecutor David Lamb said during cross examination, because she didn’t show up for appointments or for drug tests required by social services. In contrast, she agreed, Jon Phillips looked great.
Lamb pointed out that Phillips knew when the home visits would be.
“He was acting like a good parent while you were watching, wasn’t he?” Lamb asked.
“Yes,” Nemecek replied.
The last time she was in the apartment was Jan. 11, 2007, she said.
She said she never saw a surveillance camera trained on the hallway by the linen closet.
She said she also never saw the children’s bedroom in a mess with clothes and boxes all over the floor, or food on the floor or stuffed in the heater vent.
She said she never saw a "cute photo" of Dominic and Chandler on the wall with Chandler’s face blocked out with bars drawn over it.
She never saw air fresheners all over the apartment, and it never smelled like urine and feces, she said.
She said she didn't see a closet door altered so that it couldn't be opened.
She said she didn't know that Chandler had been withdrawn from school.
Nemecek choked back tears as she viewed a photo of Chandler’s blackened ear and bruised face.
If she had seen or known these things, she agreed, they would have caused her concern.
“He knew you weren’t coming back to that house after Jan. 11, 2007, didn’t he?” Lamb said. “He knew that nobody would be watching.”
3:46 p.m.
Defense attorneys for Jon Phillips began their case by trying to show that Chandler and Dominic had food issues long before Phillips got custody of them.
Alysse Nemecek, adoption case worker in Jefferson County, said she became involved in the cases of Chandler and Dominic in late March 2006.Their birth mother, Christina Grafner, was arrested on an outstanding warrant and they were taken into custody, she said.
It was about 3 p.m. and the children had not had anything to eat yet, she said.
She said she contacted Jon Phillips on April 4, 2006, because they were looking for a place for them. At the time, they were with their maternal grandmother.
Jon Phillips said he wanted the boys to live with him, she said.
After a series of supervised visits, the boys went to live with Phillips and Berry.
At first it was considered a temporary placement in May 2006. Home visits were done to make sure things were going well, she said.
During a July 2006 visit, she said Chandler was excited to show off that he had learned the days of the week.
She said she saw a healthy attachment between the two boys and their father.
In August 2006, she made another visit to make sure things were going well “because they had been through a lot.” The visits also went well the rest of the year.
In November, she said, choking back tears, “They were doing awesome. Chandler sang me songs he was going to sing in the Thanksgiving play at school. Dominic sang songs and counted.”
The last home visit was Dec. 11, 2006. She said the boys were very excited because they had their own Christmas tree in their bedroom that they had decorated with their stuffed animals. Their artwork was hung on the walls.
She said Phillips appeared to want the children with him very much. She said he appeared to have good parenting skills.
She said she recommended in January 2007 that he get permanent custody of the boys.
She said she has never suggested taking away favorite foods or snacks as a form of discipline. She agreed that taking away Halloween candy or TV might be appropriate.
2:18 p.m.
Judge denies motion for judgment of acquittal.
Defense says Jon Phillips isn’t ready to decide whether to testify.
The defense plans to call about five witnesses.
2:17 p.m.
Prosecution rests.
2:13 p.m.
Under cross examination by defense attorney David Jones, Ellis said that Dominic told her “my parents didn’t do anything” when they discussed that they were in jail.
Asked why he thought they were in jail, he said, “my mommy and daddy did bad things. They made me take showers. They didn’t take care of me and made me eat fish.” Then he told her about having to eat fish mixed with vomit.
Ellis said he missed his parents but that “his initial trauma was Chandler dying.”
Jones questioned Ellis about several sessions in late 2007, while they were reviewing the “something bad happened” book, when Dominic told her he had not been in the closet himself.
At the time, Ellis wrote in her notes, “Dominic said he had never been in the closet and seemed surprised by the picture” he had drawn showing him inside the closet with shelves overhead.
1:20 p.m.
Testimony will resume shortly. Additional reporting from this morning's testimony follows:
Chandler Grafner's little brother told his therapist that Chandler had to stay in a closet where he begged for food and water and had to "pee and poop."
Therapist Tammie Ellis, who began sessions with Dominic after Chandler's death in May 2007, said Dominic told her Jon Phillips and Sarah Berry put Chandler in the closet because he was "bad," and sometimes for stealing food. Dominic said he stole food because he was hungry.
Dominic said his father told him to "tell" on his big brother when Chandler stole food and that one time he brought him a yellow ball as a reward for telling on his brother.
During one session, out of the blue, she said, Dominic asked her, "Did you know my brother drank bleach water?"
Ellis said when she asked him why, he said it was because his parents wouldn't give him any water.
Dominic told her that he hated to eat fish, telling her, "I hate fish. I want the fish to be kicked in the face. Fish makes me puke."
He told her that he and Chandler would vomit when forced to eat fish and that Phillips and Berry would mix up the vomit with the fish and force them to eat it.
She said she used drawings Dominic did for a "something bad happened" book to help him talk about what had happened.
He drew pictures of the closet with Chandler in it.
He told her he had also had to go in the closet "and it was really scary" but that Chandler had to go in there a lot.
Dominic also drew pictures of them in the shower, telling her they had to take cold showers when they were bad. One picture he drew showed Chandler with a red mark on his buttocks, Ellis said.
"Dominic said his brother often asked for food and that his brother was hungry," Ellis said. "He said he asked his parents for food. He said Chandler asked to get out of the closet often and that it was very scary in there. He said sometimes they would let him out and sometimes they wouldn't."
In another session, Dominic said Chandler had asked his parents for food and water but that "sometimes they would forget."
Dominic told Ellis there were some "secrets" during one session, telling her that his father was in jail.
Ellis said Dominic asked her if her own parents put her in the closet when she was little. When she told him they hadn't and that wasn't a good thing to do, she said he seemed surprised because he thought that's what happened to everyone.
Ellis said Dominic drew a picture of Chandler dead on the couch on Aug. 6, 2007, after telling her "there was something more bad that happened" and that "my brother died." The picture showed his eyes shut and his mouth flat. Dominic told her his brother had thrown up a little that day.
He said his parents put the couch back together and threw a box and a blanket from the closet in the dumpster before calling 911. He said his mommy sat on the couch watching television until paramedics came. Dominic said his parents told him Chandler was dead during their ride to the hospital.
12:36 p.m.
The trial is in recess for lunch. Testimony is expected to resume about 1:30.
11:51 a.m.
Therapist Tammie Ellis described her sessions with Dominic.
She said they drew pictures, including one of the day Chandler died.
Dominic always drew Chandler with a sad face, she said.
One picture showed Chandler in the closet with “squiggles coming away from him. Dominic told “those are Chandler’s screams,” she said. “He was screaming for food and water and to get out of the closet. Chandler looks very skinny.”
He drew another picture of Chandler in the closet telling her, “Chandler is screaming for the bathroom.”
In another session, he drew a picture of them eating fish, telling her he hated fish and wanted to kick fish in the face. He said he and Chandler threw up when eating fish and were forced to eat the fish mixed with vomit.
He drew a picture of the day Chandler died.
“His big brother’s eyes were open and looking at Dominic,” she said. “He said Chandler wasn’t able to talk because his throat hurt. Dominic said it felt very sad.”
Dominic told her his parents threw a box from the closet and other items in the trash before calling 911. Then they sat on the couch watching television.
At that point in the session, Ellis said, Dominic “became very distant and numb. His voice became quiet and quieter. Wasn’t able to look at me in the eyes.”
9:56 a.m.
Under cross examination by defense attorney David Jones, O’Toole said he didn’t test for animal DNA.
He said no DNA was found in the large samples of feces from the underside of the shelf, but he said the size of the sample is irrelevant because the DNA comes from cells excreted along with the waste, not the feces itself.
The testing used was for human DNA and the samples matched Chandler’s, he said.
9:42 a.m.
DNA analysts from the Denver crime lab spent about 45 minutes explaining to the jury how DNA is collected and tested.
DNA analyst Shawn O’Toole showed the jury photos of the closet shelf which contained large dark brown stains on its underside.
He said DNA profiles are unique unless a person has an identical twin.
DNA found in samples from the carpet, air mattress and shelf are exclusively from Chandler Grafner, O’Toole said.
Samples taken from the shelf and door contained mixtures of DNA that were consistent with his markers, but not exclusive to him, he said.
Chandler’s DNA profile would only be found in one person in 320 billion, O’Toole said.
8:40 a.m. today
Trial is getting a late start this morning while video equipment is set up for a defense expert who is going to testify via televised conference call.
Prosecution is expected to wind up its case today.
Jury just now coming in at 8:40 a.m.
5:23 p.m. Wednesday
After the jury left, the judge and attorneys discussed what to do about the feces-encrusted evidence.
It's all been kept frozen at the property bureau pending the trial, but jurors visibly recoiled when they were shown the piece of carpet and shower curtain. The two items were displayed on a table right in front of the jury box.
Defense attorney Darren Cantor said he saw about six jurors hold or wrinkle their noses and squint when the items were displayed and the repulsive aroma filled the courtroom.
Judge Madden expressed concerns that they might all arrive to a reeking courtroom in the morning if the evidence were allowed to become "warm and thawed."
He ordered that it be kept in a cool room in the basement of the courthouse.
Prosecutors said they didn't mind if the evidence had thawed and lost its foul odor by the time Sarah Berry's trial rolls around.
4:57 p.m.
A foul odor from the box and the air mattress lingered in the air of the courtroom as Shawn O’Toole, forensic DNA analyst with Denver police department, began to testify.
He said he tested the closet doors, the bottom shelf and some swabs from the baseboards at the bottom of the closet.
He said he also obtained samples from the piece of carpet and the air mattress recovered from the trash.
When he examined the carpet, O’Toole said, “I noticed several stains, more heavily on the outside of the carpet. There were some reddish brown stains that smelled heavily of urine and feces.”
Cells shed from the body and contained in the urine and feces were tested.
Most of the cuttings taken from the carpet tested positive for urine and feces, he said.
There was brown matter on all over both sides of the air mattress and it smelled more strongly of feces than the carpet did, he said. It also tested positive for feces.
O’Toole showed the jury the shelf. The top of the shelf appeared relatively clean, but the bottom had stains on it which he tested, he said.
Three samples collected came back positive for feces, he said.
Trial adjourns for the day.
4:18 p.m.
A piece of carpet believed to have come from the bottom of the closet where Chandler was allegedly kept was put on a table in front of the jury. It was tan with brown matter along the edges. Detective David Naysmith said the carpet has been kept stored in the freezer of the property bureau.
Jurors were also shown the green and white striped air mattress recovered from the trash. It appeared to be covered with brown matter. Naysmith said it also had been stored in the freezer pending the trial.
3:57 p.m.
Detective Martin Vigil said he searched through the trash for evidence from the apartment, looking for items Chandler’s little brother had described including a white striped shower curtain, a piece of carpet, a cat box, a purple Mountain Dew shirt and a cardboard box that might have feces on it.
He said they found a white and green striped air mattress, piece of carpet and a cardboard box, all with what appeared to be feces on them.
No cat box was found, he said. He said the fecal matter did not smell or look like cat feces. “I have cats and I know what cat feces smells like,” he said. “This was human feces.”
He said the same fecal matter was on the carpet and air mattress.
Jurors are shown photos of the pile of dumped garbage and the individual items recovered.
He said they also found a box addressed to the apartment complex, indicating that the items likely came from that apartment building.
3:39 p.m.
Garbage truck driver Tim Goode said he was collecting trash May 7, 2007 at the apartment complex where Chandler died when he was pulled over by two undercover detectives.
“What did they want?” asked prosecutor Verna Carpenter.
“The trash,” he laughed.
Goode said he was directed to take his load to a landfill where he unloaded it and police took over.
2:55 p.m.
Jurors heard testimony from Stephanie Stronks-Knapp, a child abuse expert and forensic interviewer with the FBI, to help jurors evaluate interviews and testimony about interviews witnesses had with Chandler’s younger brother.
Kids don’t always report abuse of themselves or siblings, she said. Younger kids don’t always have words to describe what happened and they often think they’ve told people about abuse when they really haven’t been specific enough to be understood.
They also may not understand how serious it is because abuse is normal in their homes, Stronks-Knapp said, or lower expectations of what “normal” is.
Since their worlds revolve around themselves, children also think they are responsible for causing abuse, she said.
“Kids who are abused and neglected often still love the person who is abusing them,” she said.
Some children don’t report abuse of themselves to protect siblings from abuse, she said.
A child who witness abuse may not report abuse because they blame themselves for not stopping it, she said.
Children often report abuse by making accidental disclosures when asked what happened to them, she said.
They also may just give pieces of what has happened, she said.
Reaction to that disclosure will affect how much more they say about it, she said. “If bad things happen,” she said, if they are taken out of school or get more abuse for telling, they may say nothing more or may recant. “They just want the bad stuff to stop,” she said. “They want to take it back and have things go back the way they were.”
Noon
The trial is in recess for lunch. Testimony is expected to resume about 1:30.
11:50 a.m.
The prosecution wrapped up questioning for Dr. Nancy Krebs, a nutrition expert, about details of Chandler's final days.
"He would have been lethargic and I would have thought it would have been quite apparent that he was sick," she said. "He wouldn't have been walking fast or far."
As Krebs' one-hour mark on the stand nears, the defense took over the questioning.
--Carrie Porter
11:45 a.m.
Chandler suffered from scurvy due to Vitamin C deficiency, said one expert on the stand.
Expert Nancy Krebs explained how numerous red lesions and broken capillaries indicate scurvy. Using autopsy pictures, she also showed the effects of other nutrition deficiencies, such as Vitamin B and protein.
"He had less than half a teaspoon of urine in his bladder," Krebs said.
The nutrition expert said dehydration takes about one to two weeks before proving fatal.
--Carrie Porter
11:28 a.m.
Expert Nancy Krebs said she did not see any long-term complications from Chandler's premature birth.
"By the time he was one year old, he hit the normal curve for the national growth chart," said Krebs. "He was in the fifth to tenth percentile for weight, and since he was shorter than average, his weight was only a little bit lower than his height."
The director of nutrition at Children's Hospital described Chandler as "very emaciated" upon the time of his death. Krebs then stepped to the floor to use a large television monitor for a photo slide show. Microphone in hand, she talked the jury through her impressions of Chandler as she pointed to his "grossly sunken eyes and cheeks."
Each slide illustrated evidence of dehydration and starvation. Krebs used photos from other medical cases to compare with Chandler's photos.
--Carrie Porter
11:11 a.m.
The director of the nutrition department at Children's Hospital took the stand in Courtroom 16. The jury sipped water and took notes as Dr. Nancy Krebs' credentials were reviewed. The prosecution continued by questioning the cause of Chandler's death.
"In my opinion it seems very likely that he died of a combination of dehydration and starvation," said Krebs, speaking to the objective data she studied.
The defense and prosecution are now meeting with the judge at the front of the courtroom to handle an objection.
--Carrie Porter
10:57 a.m.
Fingerprint examiner Charles Martinez said he found no usable prints in the closet where Chandler allegedly was kept, even in areas where a person normally leaves “use” prints.
He said unusable prints were found on the bottom of the louvered bi-fold door of the closet. The only way it could get there is if someone were on the floor with their fingers pointed up, he said.
He said he found poor quality prints on the door, the inside of the door and the bottom shelf of the closet.
He said that wiping or cleaning will make prints unusable.
“You can destroy fingerprints by wiping them off of an item,” he said.
He said the closet had a foul smell.
10:04 a.m.
David Hageman has seen it all during 23 years transporting bodies for mortuaries and the coroner’s office.
But he said seeing little Chandler Grafner’s emaciated body brought him to tears.
“I became very angry. I became very emotional,” he said. “It is something that will always stay in my memory. The fact that he looked extremely malnourished -- I became very angry. I’ve never seen anything like this.”
“I prepared his little body for transport,” Hageman said, explaining that he placed Chandler’s body in a white body bag, placed it on a gurney and wheeled it to vehicle.”
Hageman said he weighed Chandler’s body when he arrived at the coroner’s office. “He weighed 31 pounds,” he said.
“I’ve had many days of emotional distress because of this,” he said.
9:50 a.m.
Despite what guardians Jon Phillips and Sarah Berry said, Dr. Wells said their claims he was being given food and water were “inconsistent” with his condition when he came to the hospital with massive atrophy of his tissues and organs.
Wells said he had no food in his stomach or intestine.
Defense attorney Darren Cantor tried to make the point that Wells couldn’t tell if that was because he wasn’t been given food or couldn’t keep it down.
Wells said that he was given twice the amount of sugar normally given in attempts to resuscitate him which would have elevated his blood sugar levels at the time of death.
It would not necessarily indicate that he had been eating, Wells testified.
9:42 a.m.
Dr. Wells examined photos of Chandler taken after his death and said they show he was physically abused in addition to being starved to death.
“He was so extremely malnourished, he would not have been able to move around enough to sustain accidental injuries like these,” she said.
She said he had cuts, scrapes and bruises from head to toe.
He also had developed a number of “bed sores” from being unable to move for a long period of time and having no fat to cushion the skin and bone.
“That would happen over a period of time, not just an hour or two,” she said.
As for Chandler’s ear injury in January, she said his changing explanation for how it happened is a clear indicator of abuse. First Chandler told teachers that his “dad clobbered” him in the shower. Later he said he had slipped and fallen.
9:31 a.m.
Dr. Kathryn Wells, child abuse specialist from Denver Health Medical Center, said she normally evaluates children brought in for possible physical abuse. She doesn’t know why she wasn’t asked to evaluate Chandler when he was alive and brought into the Family Crisis Center in January 2007, five months before his death.
She reviewed his records after his death and said an ear injury like Chandler had in January 2007 is a clear indicator of abuse because the ear is normally protected during accidental falls, she said.
The ear is very protected,” she said. “Bruising of the ear is one of the first areas I look at. If there is bruising of the ear, it elevates my concern.”
Teachers who reported the abuse said Chandler came to school with his ear nearly black from bruising.
9 a.m. Wednesday
The trial resumed shortly before 9 this morning, with testimony from Dr. Kathryn Wells, child abuse specialist from Denver Health. Dr. Wells evaluated Chandler's injuries.
4:50 p.m. Tuesday
Dr. Haas was surly during cross-examination by defense attorney Darren Cantor, telling him sternly at one point in the questioning about findings of the defense expert, “I think it’s free so say I did not spend my time working on your case.”
He conceded that medical professionals may disagree about conclusions.
“There is a book you rely on called Forensic Pathology, isn’t there?” asked Cantor.
“There are a lot of books called forensic pathology,” Haas replied. “Is it the one I referred you to?”
Asked to talk about the test the defense expert performed on Chandler’s blood, Haas replied, “You’re wasting everybody’s time talking about it.”
Haas contended that the blood was kept refrigerated, not frozen, making results questionable. Also, sugar levels in the blood could be skewed because of glucose administered in the attempt to resuscitate Chandler.
At another point, Haas said, “Blood glucose has nothing to do with this case.”
Cantor became exasperated with Haas’ sarcastic remarks at one point.
“Your honor, his editorial comments are inappropriate,” Cantor said, asking the judge to tell him to just answer the question.
Chandler’s glucose level never reached the diabetic range, he said.
It was “high normal” because of medical treatments he received, not because of diabetes, Haas said.
3:53 p.m.
Dr. Haas said Chandler’s organs and tissues were atrophied due to starvation and dehydration. His bladder had less than a teaspoon of urine in it, indicating severe dehydration, he said. Normally, diabetics drink excessive amounts of water to rid their bodies of sugar, meaning that the kidneys and bladder would be full, he said.
Haas said he estimated Chandler had been without food and water for at least four days and “probably a lot longer.”
Levels of urea built up during dehydration were excessively high. “They were as high as I’ve ever seen them in forensic toxicology,” Haas said.
Haas said he had done six autopsies on children who died of diabetes and Chandler had no indication of diabetes in any of his organs or tissues. He also said none of them were as emaciated as Chandler.
In fact they may put on weight because they are drinking so much water due to their diabetes, he said. “Their livers are always big and full of fat,” unlike Chandler’s atrophied liver that had no fat, he said.
He said he also found no indication of diabetic ketoacidosis, which the defense says caused Chandler’s death.
In that disease, the body breaks down muscle and fat for energy and acids build up in the blood.
Haas said glucose levels in the fluid in the eye are often a better indication than those in blood because they don’t change after death. Chandler’s level was 198, which Haas attributed to administration of dextrose – which he likened to a 16 ounce bottle of Coke – during the frantic attempt to resuscitate him. Normal is under 200, but diabetics always have levels above 400, he said.
Chandler had half of the amount of glucose in his eye fluid that you would expect in someone with diabetes, he said.
Haas also discounted a lab test done by the defense expert in support of the ketoacidosis theory.
Haas said the lab is not certified nor accredited by the College of American Pathologists.
“I thought that test was nonsense,” he said.
2:43 p.m.
Dr. Joel Hass, an expert of pediatric pathology, said there was no question that Chandler died of starvation and dehydration. He said no diabetes or other disease contributed to his death.
“A cross section of rib showed that he had stopped growing at least five days if not weeks before he died,” Haas said.
The pathologist said Chandler was emaciated and that his organs weighed two-thirds what they should have.
He said that Chandler was “far, far below” the 5th percentile on growth chart for his age. “Half of all 3-year-olds weigh more than he did,” Haas said.
11:32 a.m.
Kutalek’s partner, Dr. Rudy Schmiedt, was the last pediatrician to see Chandler before his death. He said Jon Phillips brought Chandler in with a cold, fever and sore throat July 5, 2006. At that time, Chandler weighed 38.5 pounds.
He said he had never instructed Phillips to give any of Dominic’s medicine for asthma or any other illness to Chandler. Schmiedt said generally he did not think that was a good idea, especially since Chandler had no history of asthma.
"He was small and thin throughout his whole life but he was basically a healthy boy and thriving,” Schmiedt said.
11:19 a.m.
Under cross-examination, Chandler’s pediatrician said that when Chandler broke his arm, he was so skinny he had to use a special cast. The doctor’s notes described him as “exceedingly thin.”
When his mother was concerned about bruising, Dr. Kutalek said he ran tests to rule out other medical conditions.
Defense attorney Darren Cantor said that Chandler looked different than other patients the pediatrician had seen with ketoacidosis because he was dead.
Kutalek said Chandler is often described as thin in his medical records, but that he had made up for his low birth weight as a premature baby and was in the 10th percentile on the growth curve.
Kutalek said none of the patients he treated with ketoacidosis looked like the photographs of Chandler “including those who died.”
10:45 a.m.
Chandler Grafner’s pediatrician said described him as a “perfectly healthy child” who never showed any signs of having diabetes.
Dr. Kenneth Kutalek said he cared for Chandler until he was 6, from the time he was a premature infant. Although he was small for his age, he caught up to the growth curve, the doctor said.
Defense attorneys contend that Chandler died from ketoacidosis, a complication of diabetes, but Kutalek, who said he had treated many such patients, said Chandler had no sign of the disease and no family history of it.
Asked if patients with ketoacidosis look like Chandler did in photos taken after he died, the doctor replied, “not even remotely like that.” The doctor said Chandler looked like he had no muscle mass left, “more like a concentration camp victim.”
When Chandler was under his mother’s care, the doctor said she brought him in for normal check-ups and childhood illnesses, but that Chandler was generally in excellent health and showed no signs of abuse. Chandler was last seen in the office in July 2006. He died May 6, 2007.
9:38 a.m. Tuesday
During cross-examination of detective Ken Klaus, defense attorney David Jones emphasized how susceptible young children are to suggestive questioning. Klaus said that is why he avoids leading questions when interviewing children.
Jones noted that Dominic said he and Chandler had tacos the night before he died, contrary to evidence that he had been given nothing to eat and drink for days.
Jones said Klaus' questioning about "what happened in the closet" may have prompted Dominic to come up with something that might not have happened.
Dominic described showers his father made them take as "mean" and "super-duper cold." Jones said that Klaus described the showers during questioning as "very mean" after Dominic told him that.
4:25 p.m. Monday
In his second interview with Dominic, he told the detective that his “mommy and daddy put Chandler in the closet because he was being really bad.”
He said sometimes Chandler had to stay in the closet through dinner and slept there. “Sometimes he poops in his hand and rubs it all over the walls of the closet,” Dominic said.
The first time he had to stay in the closet “was a long time ago,” the boy said. He said only Chandler had to go into the closet.
The boy said Chandler sometimes asked him for food when their parents were asleep. “He said Dominic go get me food,” the boy said, but he said he didn’t do it. ”I don’t want to get into trouble,” he said.
He said he didn’t know how food got into the heater vent in their bedroom.
Dominic said Chandler was in heaven. “Now he doesn’t have to be in there.”
3:29 p.m.
Chandler’s little brother told Denver detective Ken Klaus on the day Chandler died,” I had a big brother but he’s dead so he went to heaven.”
Asked to help draw pictures of his family, Dominic said they all had happy faces except Chandler.
Dominick said he and his brother usually had cereal for breakfast in their bedroom but they didn’t get lunch anymore “because mommy and daddy always forget.”
He also told the detective that the boys had to take “very mean showers” when they got in trouble. That meant the showers were cold, he said, and that Chandler got in trouble for stealing candy and chocolate chip cookies.
He said they also had to go into time out when they were bad.
“Are you scared of mommy and daddy?” the detective asked.
“No!”
He said Chandler was sick “today,” the day he died.
Dominic said his parents changed Chandler’s clothes before he went to the doctor “because he was sick.”
He said he was sad that he couldn’t see his brother any more.
2:29 p.m.
Defense attorney Darren Cantor is concerned about what jurors are going to make of a loud sentencing hearing in the courtroom just before the trial resumed in which the family of the defendant screamed and two women flung themselves to the floor, wailing about their relative’s fate.
Judge advises them that it has nothing to do with the Phillips’ trial.
Jon Phillips’ former supervisor at Old Chicago, William Pollard, said he last saw Chandler and his little brother in the restaurant in March 2007. Pollard recalled Phillips having to leave work early on May 6 because something was wrong with his contact lens.
Then he said he got a phone call from Phillips saying he couldn’t come back in.
“I think he said his son had asthma or was having problems breathing,” Pollard said.
12:05 p.m.
Tim Phillips, father of Jon Phillips, said he last saw his son, Chandler and the rest of the family on Easter 2007.
He said Chandler was grounded that day and that his son and Sarah Berry prevented him from having Easter dinner with the rest of the family.
“He had oatmeal,” Tim Phillips said, explaining that Chandler was kept “around the corner” from where the family was during the gathering.
He said he knew nothing about Chandler being ill before he was taken to the hospital the day he died.
Phillips also said he was shocked at Chandler’s appearance in photos taken the day he died.
“He was very thin,” he said.
Tim Phillips said they were prevented from seeing Chandler to say goodbye at the hospital.
Jon Phillips’ brother, David Phillips, said he also was at the Easter family gathering in 2007, the last time he saw Chandler alive.
He said he met Chandler when he was a year old and had seen him occasionally throughout his life.
“He seemed alright,” but had a black eye, he said. Jon Phillips and Sarah Berry told him that it happened when Chandler was hitting himself in the shower. “He was a little more sad. He was grounded.”
He said Jon Phillips told him Chandler was grounded because he was telling lies and blamed Sarah for hurting him but that Jon Phillips said he had seen Chandler punching himself in the face.
Chandler had oatmeal instead of Easter dinner “because that was part of his punishment,” David Phillips said.
David Phillips said his brother told him that he was trying to arrange for a therapist for Chandler because “he had some issues.”
He said he had taken his brother’s cat after Jon Phillips was arrested, and that the cat doesn’t like to use its cat box, causing problems with cleaning up after it.
11:08 a.m.
Chandler Phillips had to eat oatmeal while the rest of the family had Easter dinner in 2007, Jon Phillips' mother testified today.
He was in trouble on Easter, she recalled but said she didn’t know why he wasn’t allowed to have pork roast dinner with the rest of the family.
“He was grounded,” she said and kept “around the corner” from where the rest of the family was. “He wasn’t able to watch TV.”
She said understood this was because “he was acting up” at home and school.
She said she didn’t know Phillips and Berry had pulled Chandler out of school by then.
She said he heard police and social services workers had talked to Phillips and Berry around Chandler’s injured ear, but she didn’t know they had pulled him out of school because of it.
Chandler was thin but always healthy, she said.
She described her son as a good man who didn’t have a temper.
“Mostly he was a great father and he took care of them,” she said.
Christine Phillips said that she met Chandler when he was about 2, at the time her son, Jon Phillips began dating Chandler’s mother.
She last saw him on Easter weekend 2007, about a month before he died. At that time, she said, he didn’t look any different than he had over the previous year. She said she didn’t see him on his birthday April 12.
She said her son called from the hospital the day Chandler died. That was the first time she knew anything was wrong with Chandler, she said.
He sounded “extremely upset,” she said. “He said that he was sick, that they called 911. Jon was trying to save him, they took him the hospital and they weren’t able to save him.”
She said her son didn’t tell her that he was so ill he had stopped eating.
Christine Phillips said she saw Chandler after he died.
“Did it look like the Chandler you know?” asked prosecutor Verna Carpenter.
“He was dark around the eyes. That was the only difference.”
Carpenter asked about photographs of Chandler after his death. “Did that look like him?” she asked.
“No, he wasn’t alive,” she said, choking back tears.
“He also was just skin and bones, wasn’t he?”
“He looked very thin, yes.”
Christine Phillips, crying, agreed that if she had seen Chandler looking like that she would have tried to help him.
Under cross-examination by defense attorney David Jones, she said she didn’t see much interaction between Chandler and his younger brother with their birth mother before the boys came to live with her son. She said the two boys didn’t seem to be very attached to their mother, Christina Grafner, who didn’t play with or try to teach her children. Christine Phillips said she saw the boys strapped to their car seats in front of the television.
“They were so much happier” when they came to live with Jon Phillips, she said. “They were getting the attention they needed.”
She said family gatherings at Thanksgiving and Christmas were wonderful family times.
She said her son didn’t show outward emotion often.
She said they took Dominic home after Phillips and Berry were taken into custody.
But the child was taken by social services and she hasn’t seen her grandson since, she said.
Christine Phillips said her son’s apartment was always clean and there was no odor from the cat box.
9:56 a.m.
Kirsten Lunghofer of Old Chicago said the last day Phillips worked was May 6 and that Berry and Phillips usually worked opposite shifts.
Berry was off May 6, 2007, the day Chandler died. Phillips worked from 8:15 a.m. to 10 a.m.
He was supposed to work from 8 a.m. to 3 p.m.
9:39 a.m. Monday
The murder trial of Jon Phillips resumed this morning with testimony from Angelica Vlasco, a former coworker of Phillips and Berry at Old Chicago in Tamarac Square. She said she used to babysit Chandler and his brother but last saw them in March 2007 while watching them at the restaurant while Phillips and Berry were at a meeting.
On that day, she said Chandler said they were hungry, but Phillips and Berry both said they had eaten and were not to get any more food.
She said she got some fries and candy for the kids anyway.
She said Chandler seemed to be “in trouble” a lot and that he told her that “he was in trouble because nobody loved him.”
She said Berry also was upset at one point because Chandler and his brother weren’t calling her mom.
Under cross-examination, she said she never had any concerns about their safety and welfare.
4:53 p.m. Friday
Denver police officer Carrie Maestas told jurors she did a welfare check at Chandler’s home Jan. 20, 2007, after school officials noticed his blackened ear.
When she asked Chandler if he had any "owies," she said, “He showed me a bump and bruise on his forehead. He pointed to his right ear. I could see that it was bruised. Very purple.
“He said he got slapped,” she said. “He hesitated for a second. Then he said he fell in the bathroom because it was slippery.
He said he hit the wall and that’s how he got the bump on his head. He looked sad. He was looking down.”
“I said who did it. He was looking down. He wasn’t answering.”
Maestas said to change the subject, she asked if he was hungry or had eaten breakfast.
“He said, “I’m not good. I don’t get things.’ I left it at that.”
Maestas said she also talked to Dominic and saw a marked difference in the demeanor of the two boys. Chandler “didn’t really want to talk to me. He was looking down most of the time,” she said. In contrast, she said Dominic was “very inquisitive, he asked to touch my badge and things on my belt.”
Because Chandler said he hadn’t been taken to the doctor about his ear, she took them to Denver social services for a further investigation.
That’s where the boys were interviewed by Salwa Ramadan.
In cross-examination, Darren Cantor pointed out that in her testimony during a pretrial hearing, Maestas said the boys were still sleeping or just waking up when she got there, rather than watching television, as she testified today. Cantor said Chandler may have just been sleepy, not unwilling to talk to Maestas.
4:28 p.m.
When court convenes following the afternoon break, Judge Madden puts on the record that jury reaction over seeing the autopsy photographs today was “somber, but there were no gasps, no physical reactions. None were crying. It didn’t appear overwhelming.”
He noted that earlier in the week, when they first viewed the photos, some jurors raised their hands to their mouths.
“Today that didn’t happen.”
Trial resumes with the jury present as defense attorney David Jones begins cross-examination of Salwa Ramadan.
She agrees that Chandler had no concept of time or when events had taken place. For example, Chandler described the shower incident as taking place several weeks before their interview instead of several days, she said.
Jones tried to show that the boys said nothing to make Ramadan believe that Phillips and Berry had coached them about what to say.
When they were returned to the home, they seemed happy and attached to their parents, Ramadan agreed.
Under re-direct examination, Verna Carpenter asked, “In your training and experience, do abused parents still love their parents?”
“Yes,” Ramadan replied.
She agreed that it is “very common for them to run up and hug their parents and to still want to please their abusive parent.”
3:52 p.m.
School nurse Linda Botnick testified about seeing Chandler’s blackened ear at school in January 2007. She said when she first talked to Chandler on Jan. 18, he told her his father had held him in a cold shower and hit him in the ear as punishment.
When she talked to him the second time, on Jan. 22, 2007, after he had been questioned by police about his injured ear, she said, he “was more subdued and serious.”
“He told me that nobody hit him, that he fell in the bathtub and that’s what he wanted me to know.”
Salwa Ramadan of Denver social services testified that when she questioned him about his injuries on Jan. 20, 2007, he told her the difference between telling the truth and lie was “truth was not going to jail.”
By this time, she said, Chandler was no longer saying that his father slapped him on the ear. He said he had slipped and fallen in the shower.
“He told me it wasn’t his dad’s fault,” although she said she had not questioned him about his father.
Chandler told her that when he and Dominic “are bad they have to take showers. When they are good they are allowed to take baths.”
He also told her they were disciplined by having to take timeouts and “eat nasty food” which he described as “fish.”
She said Jon Phillips also told her that Chandler hurt his ear when he slipped and fell in the shower. He told her Chandler was taking a shower because he had been throwing a fit.
Ramadan said he was surprised at the amount of food Chandler ate when she took the kids to the cafeteria to get some food.
“Chandler’s eyes lit up and he started to point to everything in the refrigerator. He wanted everything on his plate. He finally settled on two hot dogs, pudding, milk and a bag of chips.” Dominick had the same thing, but only ate one hot dog and Chandler finished the rest of the food on his plate as well.
Ramadan said the boys were taken home at about 4:30 that afternoon. On the way, Dominic commented about Phillips and Berry, “sometimes they’re bad to us,” explaining that they made him eat “nasty food.”
Ramadan said that prompted Chandler to remind Dominic that “they respect us, remember Mommy always tells us that.”
When they reached the apartment, Ramadan said the boys and Phillips and Berry exchanged hugs anad kisses. She said the apartment was neat with no odor of feces or urine.
Court is taking afternoon break.
3:09 p.m.
Dominic’s testimony resumes after about a ten minute break.
Slouching and squirming in his chair, Dominic described how his brother sometimes had to stay in the closet for timeouts. When he did, Dominic said, he sometimes had to go to the bathroom inside the closet.
Dominic said his brother would lay down in the closet and that the door was kept closed.
Dominic said his brother sometimes would say he was thirsty and that he had to go to the bathroom.
“Would they let him?” the prosecutor asked.
“Sometimes,” he said.
Dominic said he also had to go in the closet sometimes but didn’t like it “because it was dark.”
He described how small the bottom of the closet was and how the bottom shelf was just over their heads.
Dominic said he thought his brother was sad when he went to live with Daddy Jon and Mommy Sarah.
He said Chandler would eat when “Mommy and Daddy gave him food.”
”Did they always give him food?” the prosecutor asked.
”No,” Dominic said, squirming and shaking his head from side to side.
Dominic said he hated to eat fish and once when he “puked it up,” his mommy made him eat it.
Jon Phillips looked at the screen during his son’s testimony but showed little reaction, as he has done during most of the trial.
2:19 p.m.
The judge instructs the jury that the unusual procedure of giving testimony by television without Dominic being in front of the jury is being used because of his age. He explains it’s very intimidating for a 5- or 6-year-old boy to testify in front of all the people in court.
Jurors see 6-year-old Dominic sitting in a large chair with his knees drawn up and bobbing against the table. He holds a small toy in his hand. The judge asks him to raise his right hand to be sworn in to tell the truth. Dominic raises his left hand. The judge asks him to raise his other hand.
Carpenter establishes that he knows the difference between the truth and a lie. Dominic says he knows he’s there to talk about his big brother.
Asked to tell something sad about his brother, Dominic squirms in his seat.
“Sometimes he was mean to me,” he said.
“Where is Chandler?” asks prosecutor Verna Carpenter.
“In heaven,” Dominic said.
Dominic said his brother got a timeout when he was in trouble, sometimes in the bedroom, sometimes in the corner.
“Tell me what you saw,” Carpenter said.
Dominic squirms and chews on his arms that are folded up in front of his face.
Dominic’s voice is very faint and his testimony is impossible to hear, prompting the judge to interrupt proceedings so that a better microphone system can be set up.
1:45 p.m.
Defense attorney Darren Cantor says he is concerned that because Dominic Phillips’ testimony is by closed-circuit television from the judge’s chambers, jurors will think it is being done to protect him from his father, who is on trial and is remaining in the courtroom with one of his attorneys. Cantor also objects that he didn’t know that Dominic’s testimony would come today until this morning.
Photographers are not permitted to take pictures of Dominic or record his testimony. In fact, the judge also barred photographers from taking shots of the attorneys or defendant during the testimony.
Chandler’s younger half-brother Dominic Phillips takes the witness stand at 1:45 p.m.
1:31 p.m.
Chandler’s younger brother Dominic is led into the judge’s chambers before court convenes. Jurors will view his testimony via closed-circuit television.
12:30 p.m.
The judge announced that he will allow Chandler's younger brother to take the stand this afternoon at 1:30 p.m.
12:20 p.m.
Defense attorney Darren Cantor wrapped up his questioning for Chandler's coroner with a grand finale to the three-hour testimony.
"Doctors make mistakes," said Cantor. "Doctor, did you fail to locate the body's testicles during the autopsy?"
Robert Whitmore replied that he did not find the testicles inside or outside the body.
"Did you make a mistake, Doctor?" asked Cantor. Whitmore said that he had made a mistake.
Members of the jury took notes, chewed on pens, and leaned on their knees.
After the prosecution and defense had a few ending remarks, it was time for a break.
"Dr. Whitmore, you are finished," said Judge Madden, before calling a recess for lunch.
The jury filed out of the jury box to make phone calls and Whitmore stepped down from the stand.
Noon
"You don't have a horse in this race, do you?" challenged Darren Cantor, the defense attorney, when talking to Robert Whitmore on the stand. "In other words, in the end you don't really care who wins. That's not your issue, your issue is the science."
"You could say that," said Whitmore, who is the former chief medical examiner and coroner in Denver.
"If the government calls you up, you're happy to talk about it. If I call you, you're happy to talk to me. That happened in this case," said Cantor.
"Had you known the pancreas was an issue, you would have kept the pancreas?" asked Cantor. Whitmore said he would have.
The medical examiner admitted to making a mistake in the autopsy.
11:40 a.m.
Dr. Robert Whitmore has been on the stand since about 9 a.m. and the defense attorney continues to question him about diabetes in young children.
"Would you agree that a misdiagnosed case of diabetes is the most common cause, especially in young children?" asked Darren Cantor. Whitmore, who performed Chandler's autopsy, said yes.
Cantor asked about medical limitations in completing accurate autopsies, including the refrigeration of samples.
"When you look at the pictures of Chandler's sores, there is only one that fits the classic form of bed sores," Cantor said. "And when you wrote the report for Chandler, you never used the clinical or the common name for bed sores."
Whitmore said yes, in fact, he had not written it into the report.
"From looking at the things you saw on Chandler, you cannot tell the jury that the sores came from confinement," Cantor said. "You can say they are consistent with, but not that they are caused by confinement."
11:23 a.m.
Chandler's autopsy examiner resumed the stand after a 20-minute recess. Defense attorney Darren Cantor began his questioning by asking Dr. Robert Whitmore about his industry.
"Different doctors can have different opinions, right?" Cantor said.
The defense attorney continued by asking about the protocol for Whitmore's billing. Whitmore said it is "customary and usual" to charge $500 per hour.
"When you began your physical autopsy there are certain things you gathered to have a general background knowledge. When you got the medical records, one thing you noticed was that Chandler was always small," the defense attorney theorized. The medical examiner agreed.
Reading from a stapled packet of notes, Cantor outlined the symptoms of diabetes and the effects of weight loss and dehydration, and asked for confirmation from Whitmore.
Throughout the trial, Jon Phillips has sat at the defense attorney's table looking straight ahead.
10:45 a.m.
"Doctor, did Chandler die from diabetes?" asked the prosecution.
"No, he did not," said Whitmore, who examined the seven-year-old's body. There was no evidence of diabetes in his kidneys and his pancreas was producing insulin normally.
"My opinion is that Chandler did not have diabetes," Whitmore said.
Chandler did not die from exposure to cat feces either. In addition, the examiner saw no evidence that Chandler had ingested Gatorade before he died.
10:30 a.m.
The prosecution's questioning has now stretched past the one-hour mark for Denver's former chief medical examiner and coroner.
Dr. Robert Whitmore sits on the stand, with Chandler's autopsy report to his side. His eyeglasses have slid down to the tip of his nose, and he occasionally refers to the document to answer the prosecution's detailed questions.
Concerning Chandler's stomach, Dr. Robert Whitmore said, "What I found did not come from a refrigerator. I wouldn't exactly call it food, but brown secretions that were probably just gastric and intestinal."
The questioning continued down a technical path about blood sugar levels, potassium levels and other tests that all "are consistent with dehydration."
10 a.m.
"This is what you expect it to look like in a severe case," said Dr. Robert Whitmore, who performed Chandler's autopsy. Looking at photos of the examination, he testified to a minimal amount of body fat as evidence of starvation.
"You can actually see the shoulder blades through the skin," said Whitmore.
Prosecuting attorney David Lamb asked Whitmore to come down from the stand to take a closer look at the exhibit photos. Whitmore pointed to small, dark areas of irregular abrasions along the body's spine as bony protrusions. While the examiner found them all over his body, the sores were most numerous on his back.
The sores on Chandler's body are consistent with confinement, the witness said. He said the various abrasions had developed over various periods of time. Some were scabbing, while others had recently formed.
9:30 a.m.
"Basically he looked like a skeleton," said Denver's former chief medical examiner and coroner. Dr. Robert Whitmore, who performed Chandler's autopsy, described the boy's extremities as "broomsticks" during questioning today.
"The cause of death is dehydration and starvation due to restricting fluid and caloric intake," said Whitmore. He also said Chandler's hair fell out easily, which is a symptom of improper nutrition.
"I weighed him myself, he weighed 34 pounds," said Whitmore.
Prosecuting attorney David Lamb led the questioning by referring to photographs of the autopsy displayed on a large television monitor. He pointed to particular bruises, abrasions and dry skin.
9 a.m.
The man who performed Chandler's autopsy took the stand as the first witness this morning.
"How are you this morning?" asked the prosecutor.
"Tired," said Dr. Robert Whitmore, Denver's former chief medical examiner and coroner. He boarded a plane in Alaska about midnight last night in order to testify today.
The prosecutor fired a handful of questions concerning Whitmore's background to confirm his expertise in performing autopsies. Prosecutor David Lamb then asked Whitmore to detail the protocol for a typical autopsy.
"Do you remember on what time of day you performed Chandler's autopsy on May 7, 2007?" asked Lamb.
Whitmore said it was in the morning.
About 10 people sit in the courtroom's audience and whisper as the trial pauses for documents to be prepared. One woman in the jury stands up to stretch, while two others examine the labeling of their Starbucks cup.
8:45 a.m. Friday
Members of Courtroom 16 stood up as District Judge John Madden entered the courtroom at 8:40 a.m. He asked the prosecuting attorneys about the length of the trial.
"We might be a teeny bit slow," said prosecutor Verna Carpenter. She suggested bringing the jury in on a Saturday to make up for the slow trial.
The prosecution plans to bring 10 witnesses to the stand. The attorneys then met with Judge Madden at the side of the room for an "off-the-record" chat, before the jury filed into the courtroom for another day of testimonies.
3:09 p.m. Thursday
Moore goes over Phillips’ description of how Chandler stopped breathing. Phillips said that Chandler just went from breathing to an abrupt halt of breathing.
Phillips told Moore that he was giving him the nebulizer treatments when he noticed Chandler had stopped breathing.
“That’s when I jumped down there and I yelled for Sarah,” Phillips said.
Testimony by Moore ends.
Amy Domanski , a teacher’s aide for Chandler’s kindergarten class at Holm Elementary School, is called to testify.
2:09 p.m.
During cross-examination of Detective Larry Moore, defense attorney David Jones tried to show that police were predisposed to view Chandler’s death as a homicide. Defense attorneys contend he died from complications of undiagnosed diabetes that caused his body to consume itself, leaving him literally skin and bones.
Doctors and the coroner told him it was a case of starvation, Moore said, so he approached it as such.
Jones clarified that when Phillips was asked by Moore during an interview what he would say to Chandler if he could speak to him, Phillips replied, “That I love him.” That response was nearly inaudible in the taped interview.
Moore agreed that Chandler was always a “light” weight child.
Chandler had been to the doctor last in July 2006.
The notion of short-term rapid weight loss was not something police considered, Jones said.
“I don’t believe that he got sick and that caused him to die,” Moore said.
11:51 a.m.
When investigators reconstructed the linen closet, Moore said, the piece of carpet found in the garbage “fit like a glove” on the linen closet floor.
Cell phone voice message was left before we were aware that Chandler was dead. Was left by Sarah Berry on Jon Phillips phone.
Jurors heard a cell phone message from Sarah Berry to Jon Phillips April 28, 2007 in which she said, “Dominick just called me and said Chandler called him over and told him you and I better get him something to drink or he’s gonna get out of there, go to the kitchen and get a knife and kill us both.”
11:16 a.m.
Det. Moore said there was a security camera mounted on the apartment wall that was trained on the living room and the kitchen and would show anyone walking to or from the linen closet.
Moore said the lower shelf of the closet was removed to see if human DNA could be detected in the fecal matter that was on it.
The closet floor where Chandler was kept measured 35 inches by 18 inches, he said.
No blood was found in the closet, but tests showed biological material on the carpet pad that was left in the closet after the carpet was removed, he said.
On the deck outside the apartment, Moore said he found a box that had been modified with a metal grommet and dental floss to hold it closed.
The jury is shown photos of Chandler that Moore found in the nightstand. Although he looked thin in these photos, he was not in the severe state of emaciation that he was when he died, Moore said.
His cheeks and eyes weren’t sunken or his bones protruding like they were when he died, Moore said.
Moore said he found many photographs in the nightstand, including photos taken of Chandler when he was examined for abuse after he told his teachers that his father had “clobbered” him in the shower.
"His ear is discolored and looks almost black on the inside of it,” Moore said.
The detective observed that Chandler’s cheeks were full at that time, Jan. 21, 2007. Photos of his body showed that he looks thin, but not emaciated, Moore said.
10:40 a.m.
Denver Police Detective Larry Moore showed the jury screws from the closet and a drill and pliers found on the floor in front of the closet.
He also showed the jury air purifiers, air filters and cans of air fresheners taken from the apartment and the closet.
Moore said he went back to the apartment two more times.
A few weeks after Chandler died, Moore said he returned to look for DNA, fingerprints and other biological material.
He said they dismantled the closet, collected the parts and sent them for testing.
Meantime, he said he learned that the air mattress and carpet from the closet were recovered from a garbage truck on May 7, 2007.
Jury takes morning break
10:28 a.m.
Det. Moore said it did not smell like cat poop in the closet.
Moore showed the jury the door of the closet where Chandler was kept.
DNA testing was done on the door, he said.
Cords were tied around the knob of one of the bi-fold closet doors to keep it closed from the outside, he said. A screw was also nailed to keep the doors from folding, he said.
Fibers of the cords were stuck between the other doorknob and door.
Feces also was smeared on the inside of the lower part of the closet doors.
Moore showed the jury where he found what he described as “brown chunks” on the door.
9:52 a.m.
Detective Larry Moore said he smelled a strong odor of urine and feces when he went to the apartment where Chandler died but it appeared that efforts had made to get rid of the smell. Moore said a fan was sucking air out of the apartment, and he found numerous air fresheners all over.
He said he found a May 4, 2007 receipt from Wal-Mart for an air purifier and air filter.
Chandler died May 6, 2007.
Moore said there was a cat box in the apartment but no feces smeared around it and it did not seem to be the source of the stench.
Moore said he found cleaning supplies near the linen closet where Chandler was allegedly forced to live. The fan was in the bathroom window set on high, sucking air out of the room where the linen closet was located, he said.
In the boys’ bedroom, he found a plate with pizza on it. Inside the baseboard heater, he found bits of food.
There was a photo of Sarah Berry over the bed.
In the boys’ closet he said he found an empty box for an air mattress, which later was found in the dumpster. Prosecutors say it lined the floor of the linen closet where Chandler was kept.
The smell of urine and feces was strongest from the linen closet, Moore said. It looked like the door had been modified to keep it closed from the outside, he said.
Moore shows the jury photos of the closet with cans of air fresheners on the shelves.
There was an air purifier on the floor of the closet. The carpet in the closet had been removed.
“The smell here was almost overwhelming. It was very powerful and the smell was coming from the floor,” he said.
“I got on my hands and knees and saw these brown marks, chunks, stains on the wall. Something was stuck to the wall. It looked like poop, feces.”
Moore said he also saw white marks on the wall that looked like someone had tried to clean the wall.
When looked at the underside of the bottom shelf, he saw staining of feces all over it, he said, like it was smeared all over.
On the wall of the apartment was a note that read: “God says listen to mom and dad. Do not lie. Do not steal. Do not blame your brother for what you do. Be thankful for what you have.” Below it was a photo of Chandler and his brother Dominick that looked like prison bars had been drawn over, Moore said.
9:30 a.m. Thursday
Detective Larry Moore resumed testimony this morning.
Earlier, Judge John Madden dealt with two jurors who had failed to show up for trial.
Attorneys and the judge also addressed a faulty courtroom clock that was running a few minutes slow even after being reset.
4:58 p.m. Wednesday
After the interview, Moore said he went to the apartment where Chandler died at 3300 S. Tamarac Street.
Moore said he didn’t notice any odd smells in the hallway.
Once inside, Moore said he immediately noticed a smell. “It smelled like urine, smelled like feces and it smelled like cleaning products.”
Moore said he didn’t smell the odor of cats or a cat box.
On the wall was a note that said, “God says listen to mom and dad. Do not steal. Do not lie.”
There was food in the kitchen and in the fridge, he said.
The refrigerator door was very difficult to open because the freezer and refrigerator doors were connected, he said.
4:32 p.m.
“How do you feel you have done as a parent?” Denver Police Detective Larry Moore asked.
“We’ve given them everything they want,” Phillips said. “They both eat, they both play, they both do everything.”
After briefly leaving the interview room, Moore returned and asked Phillips why Berry might have said that he didn’t feed the children.
“No,” Phillips softly replied. “There’s no way.”
Asked why Chandler looked so much thinner than his little brother, Phillips said, “They both eat a lot.”
“What do you think when you see those pictures?” Moore asked referring to photos of Chandler’s emaciated body.
“Just seeing him,” Phillips said.
Confronted once again about Chandler’s condition, Phillips said, “It doesn’t’ make sense.”
4:13 p.m.
Chandler’s favorite food was pizza, but he liked all kinds of things, Phillips said. He always ate a lot but did not gain weight, Phillips said.
“What do you think caused this?” the detective asked.
“He was just sick,” Phillips replied.
“Our doctors said in their expert opinion your son starved to death,” Moore said. “That’s something that occurs over a very long time period.”
Phillips didn’t really respond.
“He ate meals with everybody,” he said.
“They say he’s skinny but that’s the way he is, that’s the way I was.”
Moore said Chandler had no injuries on him that would explain death.
Phillips told Moore that if the children sometimes would be disciplined by giving them showers instead of baths, which they preferred.
Phillips said Chandler was bathed the day before he died.
Moore confronted Phillips about Chandler’s condition. “I don’t understand how you can look at his photos from five months ago and say he doesn’t look any different than he did when he died. What would happen in five months that would make him look like he’s in a concentration camp,” Moore said, “where he has no cheeks, his eyes are sunken in., you can see the tendons in his legs, he has sores all down his spine, his shoulder blades are sticking out like icicles.
"If anyone looked at those pictures, they wouldn’t think this child is just thin. They would think there was abuse, neglect.
In five months, he went from looking like a healthy child to a living skeleton.”
Phillips replied, “We could always seen every bone in his body.”
“I don’t understand how this could happen and someone not call for a doctor,” Moore said.
Phillips maintained that he didn’t look that different when he died except that “his face looks sick. “
3:32 p.m.
Moore takes Phillips through another run-through of the day Chandler died:
Phillips says he got up at 7 a.m. and went to work at Old Chicago near Tamarac Square about 11 a.m., but returned home because he lost a contact lens while making artichoke dip.
Berry told him Chandler wasn’t eating and still wasn’t feeling well. “I sat down to make sure he drank something,” he said.
Phillips said he gave him his first nebulizer treatment in the afternoon.
“He seemed to be doing fine. He went back to watching the movie,” Phillips said.
About another hour later, he gave him another treatment while he was sleeping, Phillips said.
At that time, Chandler was breathing like he was sleeping, Phillips said.
Then Phillips said Chandler’s breathing stopped. “I was sitting on the couch and it just didn’t sound right,” he said. “I said he’s not breathing.”
He said he began giving CPR and they called 911.
3:18 p.m.
Chandler drank red and blue Gatorade on Sunday, the day he died, Phillips said.
Chandler threw up a little when he was giving him CPR, Phillips said.
He said he gave Chandler a bath on Saturday.
Phillips said the kids were taken away from them briefly after teachers at Chandler’s school became concerned when he came to school with “a little bump on his head.”
The detective shows Phillips photographs of Chandler that were taken at the time, about five months ago.
Phillips said Chandler looked about the same when he died as he did in January when the photos were taken.
Several months after the alleged abuse incident, he said, they decided to home-school Chandler.
Chandler’s birth mother did drugs and drank a lot, he said.
Phillips said it was impossible that Chandler had gotten hold of drugs in their home.
3:05 p.m.
Phillips’ interview with homicide detective Larry Moore jumped around in topic and time as the detective repeatedly took Phillips back to the beginning of the day or when Chandler first got sick.
Phillips said paramedics may have changed Chandler’s clothes before he went to the hospital.
He said he blamed himself for not doing CPR properly.
He said he didn’t think Chandler threw up but that his breath smelled like vomit earlier in the day.
After a break, Moore asked Phillips about the closet where prosecutors say Chandler was kept. Phillips said the cat litter box was in there and that Chandler liked to play hide and seek there.
After he got sick, Chandler still would have bursts of energy and play with his brother, Phillips said.
The day before he died, Phillips said, Chandler ate three cups of oatmeal in the morning and had bread and cheese in the evening.
2:42 p.m.
Phillips said Chandler was watching a movie on the sofa with his blanket and drinking sips of Gatorade when he began having trouble breathing.
He said he put a nebulizer on him, but Chandler stopped breathing and he called 911.
Phillips said that Chandler hadn’t want to eat or drink much for the last 10 days because he had the flu, but that he had bites of cheese and other things the day before he died.
Phillips said Chandler was a healthy child and had last been to the doctor for shots about five months earlier.
He said Chandler may have lost some weight during his illness but was always thin.
“Maybe he was a little bit skinnier but he always looks like that,” Phillips said. He said he ate large amounts of food but just didn’t gain weight. He said he didn’t give Chandler pop because it was bad for his teeth but that Chandler drank lots of milk and water.
2:10 p.m.
Jury begins hearing taped statement Jon Phillips gave to police.
Phillips gives background of how he got sole custody of Chandler and his younger brother, Dominick.
He said he rates Sarah Berry’s parenting ability as a “10.”
Phillips said that Chandler just seemed to have the flu and had been eating oatmeal and drinking Gatorade in the days before he died.
He said Chandler was having trouble breathing so he gave him some nebulizer treatments on May 6, 2006, the day he died. Then his breathing stopped. He said he started CPR and called 911.
12:30 p.m.
Testimony is expected to resume at 1 this afternoon.
11:17 a.m.
Marr said patients are usually not in Chandler's condition.
"Usually care is sought much earlier," she said.
She said Phillips told her that Chandler had "been so healthy for the past year that he hasn't needed to see a pediatrician."
11:07 a.m.
Some jurors held their hands to their mouths as they were shown photos of Chandler's emaciated body.
Marr said Phillips and Berry didn't want to see Chandler after she told them he was dead.
"He didn't have even a bit of emotion even after hearing Chandler had died," she said. "Neither of them wanted to say goodbye to their son."
Phillips told her that Chandler had been ill with the flu for about 10 days, but had been drinking Gatorade and eating oatmeal. However, she said his emaciated and dehydrated condition indicated that he had not eaten or drank anything for some time.
Marr said she had treated a number of patients with ketoacidosis, the diabetic complication defense attorneys say caused Chandler's death. Marr said they don't come to the hospital in the kind of extreme starved, dehydrated state that Chandler did. "Not even close," she said.
Some may be near comatose but are usually arousable, she said. They never exhibit the atrophied muscles and bedsores that Chandler did, she said.
10:28 a.m.
Chandler Grafner was so emaciated when he got to Swedish Medical Center that he looked worse than prisoners at concentration camps, the emergency room doctor who treated him testified.
"It was horrific," said Dr. Marilyn Marr, a pediatric specialist. "Nothing could prepare me for that moment. He was skin and bones. You could see every bone in his face, every rib. In 14 years, I have never seen anything like that. He looked like a prisoner you see from a concentration camp, but it was worse than that. It was like nothing I've ever seen. There was not one bit of muscle tissue in his body anywhere."
10 a.m.
Amber Rowell, registrar at Swedish Medical Center, choked back tears as she described seeing Chandler Grafner for the first time.
"He was emaciated," she said. "His cheeks and eyes were sunken in. He was dirty. There was this smell. You could see every rib. His fingernails were blue. He felt very, very cold."
She said Jon Phillips and Sarah Berry showed no emotion when they arrived at the hospital. '"He was stoic," she said. Phillips never asked to say goodbye to the boy, she said.
After Chandler was moved to a room and pronounced dead, she said she went to the little boy.
"I went in and I held his hand and I told him it was OK now," she said, softly crying.
"I've never seen anything like that in my life," she said. "It's not something that goes away. I've thought about that little boy every day."
Tuesday
Emaciated 7-year-old Chandler Grafner didn't die of starvation but from undiagnosed diabetes that caused his body to consume itself, defense attorneys for Jon Phillips told jurors Tuesday at his murder trial.
"Chandler Grafner did not die from starvation locked in a closet," said defense attorney David Jones. "Chandler Grafner had a secret killer. That was diabetes. It caused his body to feed on itself in a very rapid period of time, even though he was eating and drinking."
Prosecutor David Lamb told Denver District Court jurors that Chandler slowly starved to death after the man and woman he called Daddy and Mommy put him in a locked closet where he was kept in the dark without food and water.
Phillips, 27, and his girlfriend, Sarah Berry, 23, are charged with first-degree murder, child abuse resulting in death and tampering with evidence. Berry will stand trial after Phillips.
"He and Sarah Berry squeezed the very life out of this child," Lamb said. "They crammed him under the bottom shelf of a linen closet, in a space no larger than an oven. They denied him food and water and left him there to sleep in his own urine, in his own feces. On May 6, 2007, after weeks of starvation and deprivation of water and being stuck in a dark hole, Chandler Grafner died."
But Phillips' defense attorneys say prosecutors and police have it all wrong. The feces-encrusted closet Lamb described is merely where the family cat's litter box was kept, Jones said.
Chandler lost 15 pounds because of acute diabetes, causing his death even though he was eating, Jones said.
Prosecutors say Chandler's fate changed when Phillips was given custody of him and a half-brother fathered by Phillips.
Chandler was a happy kindergartner at Holm Elementary School until Jefferson County social services stopped supervising him in January 2006, Lamb said.
After Chandler told teachers that his father "clobbered" him, blackening his ear, police and social workers were called. That led to his removal from public school for alleged home schooling in March, and the beginning of the end for Chandler, Lamb said.
Phillips and Berry began withholding food as punishment and forced him to live in the closet, he said.
"He was made to spend days and nights there," Lamb said. "Chandler yelled to get out of the closet. He begged for water and food."
The couple dealt with the closet's stench by lining it with a plastic air mattress and using air fresheners, Lamb said.
Phillips and Berry waited five hours after his heart stopped to call for help, Lamb said. Meantime, they dismantled his prison, throwing the carpet and air mattress in a dumpster, Lamb said.
Firefighters and paramedics who responded to the house testified they were struck by the lack of emotion shown by Phillips and Berry.
lindsays@RockyMountainNews.com or 303-954-5181
At a glance
* On trial: Jon Phillips
* Charges: first-degree murder and child abuse resulting in the starvation death of 7-year-old Chandler Grafner
* Tuesday developments: The Denver District Court jury heard opening statements.
* Expected witnesses today: Doctors who treated Chandler
KEY PLAYERS:
* Defendant Jon Phillips
* Denver prosecutors Verna Carpenter and David Lamb
* Defense attorneys Darren Cantor and David Jones
* Denver District Judge John Madden
* What's next: The trial is expected to last three weeks. Among witnesses will be Chand ler's 5-year-old half brother, who said Chandler begged him for food.
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July 30, 2008
7 a.m.
Suggest removal
vudumom writes:
Even if he had diabetes, beating him, making him go to the bathroom on himself for weeks, stuffing him in a closet where he had no choice but to kill himself with diabetes is more than enough to charge them with 1st degree murder. I hope the jury sees through this idiotic defense lawyer smokescreen and convicts them to everything the prosecutor can get them on.
Note to media: Please do not run sympathy pieces on the biological mother. She had a hand in this story also. Chandler didn't have a chance from the moment he was concieved. The bio mother is getting another chance to mess up another childs life. She's having another kid. I think I'll go throw up now.
July 30, 2008
7:23 a.m.
Suggest removal
TW1ZT3D writes:
Damn lawyer scum, it couldnt have been one of the other numerous parts of abuse that killed this little boy. god bless you little one, god has a place for the weary under his arm.
July 30, 2008
7:25 a.m.
Suggest removal
LingLingfor_prez writes:
I am not worried. I have faith that a jury will see through this load of crap and send him where he belongs for what he did.
July 30, 2008
7:29 a.m.
Suggest removal
sheepherder writes:
How do defense lawyers sleep at night? Oh I forgot...on that pile of money they got for whoring themselves out.
July 30, 2008
8:36 a.m.
Suggest removal
MsValeriah writes:
Phillips and Berry should receive an even harsher sentence than the one they've got coming for the sheer audacity of claiming poor Chandler died of diabetes. How could anyone possibly swallow that story? That poor little child died of abuse, pure and simple.
These two need to go to jail and stay there for the rest of their lives, or better yet, the death penalty. Actually, sticking them both in dark closets with no room to move and no food or water until they both die of starvation would be more just, but unfortunately, that isn't going to happen.
July 30, 2008
8:52 a.m.
Suggest removal
Scott writes:
O.K. So where are the prostitute (lawyer) and pimp (judges) lovers (e.g. Buffsblg, etc) defending these prostitutes that are claiming that this poor kid died of diabetes. Your silence is deafening. I'm sure that if the prostitute lovers do post something it will be to claim that those of us who have morals just don't understand the greatness of the American Brothel (Bar) Association (GAG! BARF!)
Scott
July 30, 2008
9:23 a.m.
Suggest removal
mcmooreacctnt writes:
As rediculous the 'diabetes' defense is in this case, everyone is entitled to a defense. And unfortunately - as guilty as these two 'parents' are - their due process will not fully hold them accountable for their evil actions. They will spend the remainder of their lives in prison at taxpayers expense, when they should be pubilcly hanged for their crimes.
July 30, 2008
9:41 a.m.
Suggest removal
Cowboy63 writes:
It wasn't diabetes that stuffed this kid in the bottom of a closet to die.
Lethal injection is too good for these two - they deserve The Chair.
July 30, 2008
9:41 a.m.
Suggest removal
4gColoNative writes:
Ordinarily I agree with the notion that defendants are entitled to a vigorous defense...even one that tries to exploit gray areas or tries to create reasonable doubt.
But this time it seems the defense has gone way too far in trying to manufacture a lie. I hope the defense team reads the comments here. Many (most) of us think you are scum, too!!
July 30, 2008
10:01 a.m.
Suggest removal
hdfresh writes:
"After Chandler told teachers that his father "clobbered" him, blackening his ear, police and social workers were called. That led to his removal from public school for alleged home schooling in March, and the beginning of the end for Chandler, Lamb said."
Why in the world would you allow this kid to do home schooling when he is alleging that he is being beaten by his father? Lets have him stay home the whole day so his father can beat on him more. This diabetes excuse is the worst and lowest attempt to a defense I have heard in a while. Although diabetes might have been a contributor to his death the main reason why he died was because he was malnourished and diabetes does not cause that. Hope the jurors don't fall for this BS excuse.
July 30, 2008
10:09 a.m.
Suggest removal
ShadyGrady writes:
Gimme an H! ..... H!
Gimme an E! ..... E!
Gimme an L! ..... L!
Gimme an L! ..... L!
Have a great trip Phillips.
Don't worry about prison though...the inmates will quake with fear when they see the guy who was brave enough to lock a 7-year old in a closet.
July 30, 2008
10:10 a.m.
Suggest removal
HolierThanThou writes:
What does the autopsy say?
If diabetes is not the cause of death then their defense is garbage and this is a clear case of murder. I doubt any jury would exonerate these brutal morons.
I would hate to be one of the social workers or police who saw this case before the kid died. As overworked as they are, it must hurt like Hell wondering what you might have done differently.
July 30, 2008
10:13 a.m.
Suggest removal
mytwosense writes:
Someone please explain to me how social services didn't view Chandler's removal from school after abuse complaints were filed as a HUGE RED FLAG.
And Scott, get a grip on yourself. You may need a lawyer one day, yourself, with your apparent anger management issues. Just because this particular defense team is arguing what seems to be a highly implausible defense doesn't mean all, or even the majority of lawyers are the names you are calling them. You should be thankful you live in a country that incorporates due process, representation, and a fair trial into its legal system.
July 30, 2008
10:40 a.m.
Suggest removal
frosty writes:
I hope Mr. Phillips goes to prison and meets a nice man named Bubba who can keep him as his personal girlfriend for a long, long time.
July 30, 2008
10:42 a.m.
Suggest removal
rmnreader writes:
I agree mytwosense - sounds like social services dropped a huge ball on this one. Taking him out of the only safe environment he had after obvious abuse is just completely mind boggling to me. Whoever was assigned this case is just as responsible as the parents in my eyes. Maybe if we put the social services worker who was responsible for this boys death in jail with the parents then social services employees would start doing their job.
July 30, 2008
10:44 a.m.
Suggest removal
mytwosense writes:
Just reading the nurse's testimony brought tears to my eyes.
Why, why, why. That's all I can think right now. Why would someone put another human being, especially a defenseless child, through such hell?
There is much good in this world, but much evil, too. We have to figure out how to better protect our children from those who choose to be the latter.
July 30, 2008
11:08 a.m.
Suggest removal
Scott writes:
mytwosense,
When your supposed majority of upstanding decent lawyers start pumping out the cesspool known as "The Bar", THEN, and ONLY then will I change my opinion of the members of brothel (Bar). Until that time, they are prostitutes and pimps.
Scott
July 30, 2008
11:31 a.m.
Suggest removal
momof5 writes:
I fully understand the concept that every person is entitled to a vigorous defense, however, this sickens me. I have thought about this little boy so many times over the past year and wondered how so many so-called responsible adults in his life could have abandoned him to this terrible fate.
First of all, where was his biological father? I understand he joined the Navy and wasn't in this little boy's life. But why not? You have a responsibility to a child that you father. You, the biological father, share some of the responsibility for the death of this child. He was your responsibility, your flesh and blood and you let him down.
The biological mother who lost custody of him because of abuse allegations. Why have a child if you weren't going to love him and care for him and give him the kind of life he deserved? Not just him, but his brother, Dominick. You too share some of the responsibility, the guilt for his death.
What about grandparents and aunts, uncles? Where were you when this little boy was being tortured and murdered? If you saw bruises, did you contact Social Services or did you not want to get involved? If you are relatives to this little boy, you share in the guilt, the responsibility for his death.
The teachers who saw that he was abused and then taken out of school. Did you follow up with Social Services? Did you talk to the police and ask them to do a well child check? Nothing? Then, you too share in the guilt.
Social Services - you share a HUGE amount of the responsibility and guilt for the death of this child. It was your job - your only job - to maintain contact with this child, to check to see that he was being cared for. Where were you? How could you fail this child?
And finally, the scumbag stepfather and stepmother. I pray to God that you both get what you deserve. That you spend the rest of your life locked away in a small cell that will show you some measure of the solitude you forced on this little boy. That you spend your life wanting to be free. That you spend your life wishing for food you won't receive. Yearning for freedom to come and go as you please, which will be denied to you. You are the lowest of the low, an abuser and murderer of an innocent child.
As for the rest of us, we share in the responsibility of what happened to this child because our laws are too lax when it comes to the murder or molestation or rape of an innocent child. The harshest penalties is what a person who hurts a child deserves, not a slap on the wrist.
At the very least, these people should do as many years in prison as Chandler would have lived (based on the national average of a child born at the same time as he was) had any of the people in his life cared enough to protect and love him. A good 80 years or more without possibility of parole should be sufficient.
July 30, 2008
12:34 p.m.
Suggest removal
sheepherder writes:
Why is it that the prosecution has to be forthright and honest, and the defense can make up any lie they want to in a courtroom?
July 30, 2008
12:37 p.m.
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newshound writes:
To treat a human being like this, no matter what age, shows a blatant disregard for human life. Both of these people should get the needle.
July 30, 2008
12:49 p.m.
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arby writes:
People that abuse little helpless children and helpless animals deserve a special place in Hell.
I for one don't understand how someone can do it.
July 30, 2008
12:52 p.m.
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mhow88 writes:
I don't know what kind of lawyer would want to defend this kind of TRASH!!!!!!!!!!!!!!!!!!!!!! This couple deserves the severest of punishment!!!
July 30, 2008
12:58 p.m.
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Scott writes:
Shaggy,
If the prostitute was making sure that the trial is fair, then I would not have an issue with said prostitute. But this pile of excrement (prostitute) is pulling the most asinine defense out of its backside, the child wasn't murdered, but died from diabetes!
There is a huge difference between defending a piece of scum, Phillips, and lying to try and get the scum off. Unfortunately, regardless of what mytwocents claims, the prostitution (lawyer) profession is rife with liars.
Scott
July 30, 2008
12:59 p.m.
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ou8one2 writes:
Liberals have devalued and debased human life so much in this country, that this is the result. If this were a dog, the animal protection services would have removed him from the home at the slightest sign of abuse or malnutrition.
Once again, the bozos at Social Services failed and the child paid the price. Unfortunately, no one at SS will have to answer for the crimes they committed, which resulted in this child dying.
Maybe we should put children on the endangered species list, then we will get some action, and all of the Liberal politicians will do something besides encourage baby killing.
P.S.: momof5 wrote:
"As for the rest of us, we share in the responsibility of what happened to this child because our laws are too lax when it comes to the murder or molestation or rape of an innocent child."
Dear Momof5:
I (the rest of us) are NOT responsible. Only the people who support Liberal politicians and Roe v. Wade as a 'right' are responsible. Do not include people who believe the sanctity of human life is more important than animal rights or abortion rights. We have very strict laws regarding this; the problem is that we have spineless judges and political leaders that do not enforce them, and scumbag lawyers that subvert justice just so they can "win."
July 30, 2008
1:19 p.m.
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Meredith writes:
For Momof5:
I am Chandler's paternal grandmother. I spent 6 years looking for Chandler. My son, when he was discharged from the Navy talked to the people at Jefferson County trying to find Chandler. I was told (by a lawyer) that since my son was not on the birth certificate I had no grandparent rights. I could not find Tina to have a paternity test done. I was there when Chandler was born. I held him. I went the next day to see him and Tina and was told I was not allowed in. My son was in boot camp at the time and was not allowed to come home for the birth.
After Tina was released, I went to Baily to find her. My daughter Amanda and I talked to Tina's mother. We were told that Tina was gone and we had nothing to do with Chandler. We were also told that my son was not the father.
I did not know Tina's last name. I did not know where to find her. When I knew her, she was not into drugs. Unfortunately, I let the ball drop and assumed that Chandler was in good hands.
When my son was discharged from the Navy, he was discharged to Jefferson County. He lives there and pays taxes there. The judge who gave Chandler to Jon Phillips did not even bother to find out where Chandler's father was. Tina had not put a name on the birth certificate so my son would have had to have a DNA test. Unfortunately, my grandson was dead before we found out for sure.
The saddest part is that his maternal grandmother did nothing. She had contact with him and he told her that he was being hurt. She sent him back to Phillips. Instead of finding my son (she knew he was back) she sent him back to that hell.
One more thing. Tina is pregnant again. She lost both of those boys from neglect and abuse, but she is pregnant again.
July 30, 2008
1:54 p.m.
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MsValeriah writes:
For Ou8one2: You sound like the psychopath who opened fire in the Unitarian Church last weekend with the way you spew your hatred of liberals. Isn't there enough hatred in the world without you spreading more? An innocent little boy is dead, and our common wish is to see justice served in his name, no matter how we express that.
July 30, 2008
2:10 p.m.
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CDee writes:
Froward-
I think for the first time you and I agree on something.
July 30, 2008
2:11 p.m.
ou8one2 writes:
(This comment was removed by the site staff.)
July 30, 2008
2:24 p.m.
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Coco writes:
ou8one2 - you equate disagreeing with Bush, et. al. to this case? You make a strong argument for agreeing with MsV & titan - you proved their point.
To Meredith - I'm so sorry for your pain. I cannot imagine what you must be going through.
July 30, 2008
2:27 p.m.
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Squatch writes:
They should convict these 2 sick POS and then give them death by drowing so they can suffer as much as possible.
July 30, 2008
2:36 p.m.
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MsValeriah writes:
Ou8one2, you clearly are another right-wing nut job. I'm not sure what it is that moves you to call me a baby-killer, other than your obvious insanity, but, whatever. The actions of Bush, Cheney and their ilk speak for themselves. I have no problem with anyone speaking out against them. Given their track record, it's not difficult. That people like you defend them does nothing to change my opinion. But that's another topic entirely.
My wish is for Chandler Grafner's killers to come to justice. And that's all I have to say.
July 30, 2008
2:44 p.m.
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CDee writes:
Never-ending, helpless, fear- however they could experience that would be OK with me.
July 30, 2008
3:03 p.m.
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vendari01 writes:
This is not about who is in office, it is about cruel, unfeeling 'parents', and bureaucratic ineptitude. And, unfortunately, about a legal system that is not concerned with truth or justice, but about winning cases. This poor boy should not have been forced to live and die the way he did, and you can bet others are suffering as we debate the responsibility.
July 30, 2008
3:14 p.m.
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ShadyGrady writes:
Dee Snyder at Red Rocks circa 1984:
"...and then you'll burn in hell
hear no evil, don't you
see no evil, don't you
(oh, burn in hell)
lay no evil down on me
you're gonna burn in hell
speak no evil, don't you
think no evil, don't you
(oh, burn in hell)
play with evil, 'cause i'm free ..."
Could very well have been talking about Philips.
July 30, 2008
3:24 p.m.
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Blondo writes:
After the initial anger, disgust and feelings of hatred toward the people who did this, all I am left with is a profound sadness for this poor, poor baby boy.
July 30, 2008
3:34 p.m.
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rmnreader writes:
Meredith - I think the system failed you as well. They should have taken this little boy away from these people a long time ago & put him in foster care at the very least so you had a chance to find him - alive. I am so sorry for your loss and commend you for coming on here to tell your side.
July 30, 2008
3:38 p.m.
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gs writes:
We get the same old liberal v. conservative BS posted here most of the time; save the dogs, give more money to poor people, etc. However anyone notice Meredith? The comments from the people closest to the tragedy ought to be the only ones posting. Any neighbors want to comment?
July 30, 2008
4:18 p.m.
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Squatch writes:
Sorry i meant drowning. Their is no punishment that wil ever inflict the pain needed to torture these turds. We Adults are here to protect children whether they are your family or strangers. Justice needs to come down hard and swift on them. I hope that they dont last long in prison and they get what is due to them.
July 30, 2008
4:20 p.m.
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Arioch writes:
Every time I start to have a little smidgen of hope for humanity, along comes someone like Jon Phillips and Sarah Berry. I personally don't know if we're all doomed or not -- another world war, global warming, a massive plague, what have you -- but sometimes . . .
. . . I wish we were.
July 30, 2008
4:28 p.m.
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4gColoNative writes:
Meredith,
Thank you for sharing your information ... thank you for attempting to take responsibility for Chandler. Sorry for your terrible loss.
July 30, 2008
4:36 p.m.
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Meredith writes:
The greatest loss was the fact that I never got to really know my grandson. I have had people tell me that it should not affect me because I did not really know him. I remember the tiny baby that I held in the hospital. I remember the struggle to find him. I have heard a lot of different things said regarding my son and our family. I know what I did, I know what I was told. The responsibility has fallen on the courts (the judge who gave Chandler to Phillips) and Tina's family. They were in contact with Chandler at the time. The school system followed all the steps to help this child. Yet, the adults in his life let him down. I cannot understand why this happened when I would have gladly raised him. I have raised other grandchildren. He would have been more than loved. Thank you for your kind comments.
July 30, 2008
4:37 p.m.
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ST writes:
Awesome coverage of the trial. This is such a sad case and it's interesting to hear both sides, though I don't think the defense has a prayer.
July 30, 2008
4:37 p.m.
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davies writes:
Ou812 and titancain: You two and your tired partisan bickering over the corpse of an abused child are disgusting.
Some of you others: Why don't you walk a mile or two in their shoes, before you condemn the teachers, social services workers and others? You don't know the circumstances, and likely don't know the rules of intervention. Meanwhile in your headlong rush to condemn, and thus 'solve' this matter to your own satisfaction, you slander and hurt others who may well show more compassion and social responsibility in one day that you will do in a lifetime of meaningless blogging.
July 30, 2008
4:52 p.m.
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Meredith writes:
Davies
I am sorry to disillusion you. This time Social Services and the court system dropped the ball. The teachers did everything they could to help Chandler. Chandler was not the only child who died last year. I understand that the Social Workers are bombarded with cases. Yet Chandler was so badly abused that there should not have been a question that he should have been removed. Maybe if that had happened, we would have been able to raise him.
Again, the school and teachers did all they could.
July 30, 2008
5:03 p.m.
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oceanview78382 writes:
Sheepherder if you just stayed with sheep you wouldn't be angry at attorneys who have had to collect child support from you.
There is that something called the US Constitution that you and your herd can't read, however its not fair that only one side have an attorney. If the defense attorney does not fight with everything he has, the client is likely to file an appeal just based on that, and the taxpayers have to pay for it. That's most of US sheepherder.
Instead of getting on your soapbox about the attorneys perhaps you might consider the real criminal in the case - the one who is being charged .. and that's only if convicted.
July 30, 2008
5:07 p.m.
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davies writes:
I'm disillusioned, but not at the fact that Social Services MAY not have done their job here. Some of the comments were bashing you and your family, some were on the teachers, and some were on social services. All of the commenters appeared to be uninformed in my opinion.
I just get tired of people trying to make themselves feel better by displaying their 'righteous indignation', when they don't wait or take the time to understand the circumstances and the facts... let alone actually do anything meaningful to make things better in their own communities!
July 30, 2008
5:13 p.m.
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Meredith writes:
Davies
You are right. My son has been based pretty good through this. It took the news people only about 10 minutes to find him after this happened. Why couldn't the system find him in 3 years? I realize that the court felt Philips was an easy answer but he had no right to Chandler. Of course hindsight is always 20/20. Looking back I see what else we might have done. Even though I felt my grandson was being taken care of by the Tina I knew. She was a beautiful and together young lady. Drugs changed her apparently. Now that has cost us.
July 30, 2008
5:13 p.m.
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4gColoNative writes:
Ok, so this is a generality.
But a friend of mine who has been in Oregon social services for a decade making recommendations to courts about whether to take kids away from biological parents has reached this conclusion (as has the soc svcs division and courts there): *across the board* (meaning there ARE exceptions), more harm is done to kids who are taken away and placed in foster care or with whomever (e.g., Phillips and Berry). It's better for the children if the authorities do what can be done to help get the biological parents straightened out to where they can safely keep their children.
July 30, 2008
5:39 p.m.
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Scott writes:
I hate to break the news to you oceanview78382, but it is your beloved prostitutes and pimps that let the stupid appeals go on through. If the prostitutes would refuse to represent, and the pimps throw out, stupid appeals, then the there would not be any need for a prostitute claiming asinine things such as this boy died of diabetes. That is unless the prostitute is trying to make a name for itself, hence be able to charge the big $$$ for getting scum off. Naw, that wouldn't happen. Too many of the prostitute lovers have told me that the members of the Brothel (Bar) are such fine upstanding citizens.
Again, the blame solely where it belongs, on the prostitutes and pimps.
Scott
July 30, 2008
6:39 p.m.
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trouble22 writes:
Meredith,
You are an amazing Grandparent. Look what you have done for Colby and Alyssa. Don't punish yourself. You have always been there to hold your children together, even if we had disagreed on things. You were still always there. Take care of Josh now he needs you more than ever. I just wish they would have given Chandler to you.
Take care,
Someone who knows you.
July 30, 2008
7:18 p.m.
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Meredith writes:
Trouble 22:
You must be close to us if you know about my other grandchildren. I know that name just can't place it right now. Thank you for your support.
I wish I could be in Denver in the court with Josh. I know he will be there every day. If you see him give him a hug from his mom. I will be talking to him every day.
July 30, 2008
7:48 p.m.
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trouble22 writes:
I wish things didn't turn out the way they did and I will still be forever grateful for the advice you gave me. Rest assured, if we see or hear from Josh he WILL be hugged and no matter what we happened, I have always left the door open for him to stay in touch. Meredith, we had our differences, but I have NEVER Forgotten how you took care of Colby and always would no matter what or who tried to take him back. I would NEVER wish this on anyone especially someone who doted on her grandchildren like you did. Put it this way, you saved my life, even if you did disagree with me and were tainted by false accusations against me.
God bless.
July 30, 2008
8:44 p.m.
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annie143 writes:
Thank you Meredith for coming here and speaking. I needed that. I wish more had been done to find Chandler and place him where he would be safe and loved. I am a grandmother, too, and this little fellow has touched my heart very deeply. I will never forget him.
I dont want to pass judgement but I have been bitter and vocal as to why family did not make a greater effort to stay in touch with Chandler and Dominick. I would have staked out the school, found out where they were living, done everything I could to monitor their well being, even if I were not allowed to see them. But, I know the families have their own pain to bear so it is not up to me to say anymore angry things about that. I just hope responsibility is accepted and lessons are learned.
July 31, 2008
9:56 a.m.
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davies writes:
Hey Scott, there's another lawyer story today that you haven't commented on yet:
"Lawyer dies trying to rescue wife in river near Aspen"
You probably want to jump on that one and say how the blood-sukking lawyer was probably just trying to save her expensive camera, or maybe get her wedding ring off before the river swept her body away. Don't you?
Because in Scott's world, all lawyers are despicable subhuman pimps and prostitutes of the legal system. They're all the same you see, all of them. He pretty much knows about them all.
July 31, 2008
10:57 a.m.
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jamesdenver writes:
As a type 1 diabetic, I can say that failing to diagnose it isn't much different than starving a kid to death. The onset of diabetes isn't an excuse at all.
Its one in the same - and without proper care (insulin and constant glucose monitoring) Jay Cutler, (and myself,) would appear in the same condition within a few months.
And parents that "pray away diabetes" and shun medicine should be held to the same accountability as these parents
james http://www.futuregringo.com
July 31, 2008
11:07 a.m.
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Ringmaster writes:
No matter what punishment they get, it will be better than what this 7-year old had to suffer with. The backstory on the two parents and the rest of the "clan" connected with this sideshow is as pathetic as it gets.
Did they ever figure out who this kid's actual father is?
July 31, 2008
11:52 a.m.
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ShadyGrady writes:
Why have we not yet executed this jack@ss? Please wrap up this trial and expedite his trip to hell. If I see his pathetic picture one more time I'll be forced to mete out some justice on my monitor.
July 31, 2008
12:21 p.m.
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annie143 writes:
I hope and pray the jurors dont try and strain to be fair and give this guy a lessor verdict. Jon Phillips needs to die. I will take LWOP but, he will never be put in the general population so, he will not suffer like Chandler did. Why do we have to protect the perps rights when they acted so inhumanly ? I can guarantee you he does NOT feel any remorse.
Also, does anyone know what is up with the two missing jurors ?
July 31, 2008
12:43 p.m.
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Scott writes:
steel,
You think wrong. The ONLY personal dealings that I have had with lawyers are: writing Wills and pursuing patents. My hatred towards this scum-de-la-scum comes from years of reading article about prostitutes like Cantor and Jones claiming that this poor little boy died of diabetes and not abuse. Another example, the circus-of-the-century, Simpson getting away with murder. Yet another example, a crooked cop and two crooked People's Prostitutes (DAs) running Mr. Masters up the river for a crime he did not commit. Then to cap it off, the State Brothels (Bar) and the American Brothel NEVER say an ill word about their fellow prostitutes and pimps. Again, if this "profession" is so righteous, then where is the outcry of righteous indignation about their fellow scum?
BTW, I have only been married once and am still married to the gal. So much for your supposition
Scott
July 31, 2008
1:15 p.m.
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SeekKnowledge writes:
I agree that the reported evidence of extreme and prolonged child abuse is damning and extremely disturbing in and of itself, however, with regard to the defense's claims that Ketoacidosis was the cause of death (thus refuting the first degree murder charge), I thought it would be helpful to learn a little about it, so this is taken from the American Diabetes Association:
Ketoacidosis is a serious condition that can lead to diabetic coma (passing out for a long time) or even death.
Ketoacidosis usually develops slowly. But when vomiting occurs, this life-threatening condition can develop in a few hours. The first symptoms are:
* Thirst or a very dry mouth
* Frequent urination
* High blood glucose (sugar) levels
* High levels of ketones in the urine
* Constantly feeling tired
* Nausea, vomiting, or abdominal pain (Vomiting can be caused by many illnesses, not just ketoacidosis. If vomiting continues for more than 2 hours, contact your health care provider.)
* A hard time breathing (short, deep breaths)
How do you know if you have large amounts of ketones?
When you are ill (when you have a cold or the flu, for example), check for ketones every 4 to 6 hours.
July 31, 2008
1:26 p.m.
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nonayerbsns writes:
A truly civilized society would sanction the release of this garbage and let us take large rocks to stone him to death. But, I'm sure many would disagree.
July 31, 2008
1:35 p.m.
Suggest removal
cooperjtd writes:
wait.... so the child goes into school and says that his dad clobbered him. So they take him out of school and keep him home in a dangerous environment???
July 31, 2008
1:39 p.m.
Suggest removal
leatherneck writes:
Cases like this make me sick, its horrible what happened to this little boy. I can't believe what some people will do to children now-a-days. Because of recent cases such as this and Aarone Thompson, and that evil grandma that kept her grandson in a cage during the day, Health and Human Services have revamped procedures. I realize that there has been a need for this because so many children have slipped though the cracks of the system. But Social Workers have been on the attack of good parents, and there seems to be a black-market of sorts for children that are taken out of families and placed in foster care. I am involved in a case with my ex-wife telling Social Services lies about me and my treatment of my son. None of the accusations have been proven and none are true, but a year later I have still not done enough to prove my innocents. Because I am ex-military I must be a violent person, Right? It’s BS completely false and I would never hurt a hair on my son, I use time-outs and Love and Logic, I have never spanked him. We have a great relationship with eachother. It only takes an accusation now to have Health and Human Services up you A$s for a very long time. We can't even live a normal life because of this. Actually my ex-wife’s strategy of gaining custody of him has back fired. When a case is opened they investigate both parents and she wasn't prepared for that. I am complaining for sure but it actually has helped me in some sick way. She is the one that has missed BAs and had hot UAs. I can't tell you how hard the last year has been on me and my son. But I tell you all that I will not fail my son and I am a good dad. I have been falsely accused of being violent because of military service, its rediculous, but that is all it takes for years of he11 from Health and Human Services.
July 31, 2008
1:40 p.m.
Suggest removal
ggonzo writes:
Im with you Scott!!!!!!!!!!!!!! what do call 10,000 lawers at the bottom of the ocean??? A great start!!!!!
July 31, 2008
2:24 p.m.
Suggest removal
rmnreader writes:
So Davies you don't think child services should take any blame here? What good is child services then if it is not their job to make sure children don't get locked in a closet and starved to death by their parents?! Pretty clear to me that they have a job to do & in this case they were not doing it period.
July 31, 2008
2:26 p.m.
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Scott writes:
ggonzo,
Every time I see a TV add for an ambulance chaser, or other sub-species of prostitute, I mumble to myself, "Gut shoot another thousand lawyers."
Scott
July 31, 2008
2:30 p.m.
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davies writes:
Steel: Mr. Scott's protestations to the contrary, there is something so animated and vitriolic about his hatred towards lawyers, that it definitely points to a traumatic personal experience.
Perhaps he was written "out" of that will? Or remember the "Tan Alert" machine episode in the old Barney Miller sitcom? Maybe Mr. Scott invented the Tan Alert or something like it, only to be cheated out of the patent for his valuable invention by a crooked lawyer.
I've had a few bad experiences of my own with 'em, but I understand that you don't blame all of them for what a few of them do. It just seems stupid.
Now, as this case goes on and the State's evidence accumulates, I must admit am getting a little frustrated at these lawyers and their defendant for wasting time and money on a trial - this guy is toast. But it's probably a ploy to try to cut a deal where he doesn't get the death penalty, and they're just doing their job; most rational people understand that.
July 31, 2008
2:36 p.m.
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Scott writes:
davies,
Just like steel, you're groping for an answer. Try re-reading my 12:43 posting. That posting explains my "vitriolic" hatred of lawyers. This assumes that you want to defend the type of scum (and their apologists, the Bar) that I pointed out in that posting.
Scott
July 31, 2008
2:39 p.m.
Suggest removal
SeekKnowledge writes:
I don't believe the state is seeking the death penalty in this case; but anyone that has a credible source that says I'm wrong, feel free to correct me.
July 31, 2008
2:40 p.m.
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jamesdenver writes:
QUOTE: A truly civilized society would sanction the release of this garbage and let us take large rocks to stone him to death. But, I'm sure many would disagree.
Maybe you should move to a country where they do that and wait til you're accused of a crime...
July 31, 2008
3:12 p.m.
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Who_Me writes:
Moore agreed that Chandler was always a “light” weight child.
Is this blogging or learning how to write? Why would you use "light" like that? Lightweight, one word, commonly used in English on planet Earth.
July 31, 2008
3:21 p.m.
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davies writes:
Scott: Yah I read it. The OJ Simpson case? You think it might be time to "get over it" any time soon? And where's your hate and contempt for the jurors? What about the lead investigator in that case and his talking his 'shat' about 'naggers'? You think maybe that may have hurt his credibility when he's investigating a black guy, and maybe influenced the verdict?
Masters - I'm drawing a blank. Refresh my memory, if the case is from this milennium.
rmnreader: It doesn't look good for Child Services, does it? Is there an investigation going on into that aspect, or does someome have to hire one of those lawyer guys and file suit first? Cause it looks like this kid didn't have a friend in the world.
July 31, 2008
3:36 p.m.
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Meredith writes:
Trouble22:
Could you possibly be one of Amanda's friends? I take most allegations with a grain of salt. I am just glad I helped you at one time.
Everyone else, what has happened to Chandler has been horrorific. My family has struggled with the overwhelming situation. Hindsight is always 20/20. I truly believed that Tina would be a good mother. She definately wanted Chandler at the time she was pregnant. As far as I knew she was not doing drugs. He was such a beautiful baby. Believe me I will go to my grave wondering what step I did not take to find him. The saddest part was that they were right in Denver. It turns out that I did not even have Tina's correct name. The real pity is that my son was not contacted by the courts or by Chandler's maternal side of the family. They knew where he was. They just didn't want Chandler with him.
July 31, 2008
3:41 p.m.
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rmnreader writes:
Sounds like he had one friend - grandma was at least trying.
Good question Davies. Anyone? Will social services automatically be investigated by an outside source when a child dies and get reprimanded if it is found that they were negligent? Let me preface this next statement - I am normally disgusted by our sue happy society but.... Can Meredith sue them for the death of her grandson? Maybe that would make them take more care in these cases if they have to pay out a bunch of money for these totally unecessary deaths?
July 31, 2008
3:49 p.m.
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Meredith writes:
There are lawsuits already filed against all three counties and the State. My son has been through hell because of these lawsuits. When Chandler died, my son truly lost his sanity. He was accused of having a fight with someone. At that time, he was with me having dinner. This was in October 2007. Last week the judge finally (after 7 appearances) dismissed the case. There were 5 witnesses stating Josh was no where near the fight. Jefferson County had no case. The prosecutor was told he had to continue the case even though they knew he couldn't win. Why would they do that? Maybe my son's name came up in their computer regarding this lawsuit. The system did not get in touch with him when Chandler was being taken away from Tina, but they sure could find him for a bogus case.
Social Services hopefully will be restructured because of these cases. Chandler is not the only child who lost his life. I do not know what good will come of this.
July 31, 2008
3:49 p.m.
Suggest removal
Scott writes:
davies,
Not only are you an apologist for the scum-of-the-Earth, but you can't even remember what transpired back in January OF THIS YEAR! Go here: http://www.denverpost.com/search/ci_8... to refresh you memory. Or maybe its because your pals, lawyers, railroaded this guy is why you have a convenient memory lapse.
Scott
July 31, 2008
4:02 p.m.
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Heidi writes:
Meredith,
I am so sorry for your loss and for your stressful years of trying to find your beloved grandson. It sounds as though the cat received better treatment than poor Chandler did.
July 31, 2008
4:23 p.m.
Suggest removal
Heidi writes:
Scott,
In retrospect, you need to give credit to prosecutor Don Quick, along with defense lawyers David Wymore and Maria Liu and others, who helped Masters.
July 31, 2008
4:25 p.m.
Suggest removal
mytwosense writes:
So basically, Phillips and his wife were two sadists who got a perverse thrill out of terrorizing their two sons, turning the youngest against the oldest, scaring the crap out of both of them with dire messages from God all over the house, and imprisoning, starving, and finally murdering the oldest.
Abuse that is triggered by uncontrolled rage is horrible enough. But what these two psychopaths practiced was deliberate torture, pure and simple.
Someone mentioned in an earlier post that similar abuse is probably happening to a child right now as this trial takes place. For the love of God, does ANYONE have an answer as to how we can prevent more of these events from happening? And why isn't the RMN covering IN-DEPTH how Social Services let Chandler slip through the cracks?
July 31, 2008
4:31 p.m.
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davies writes:
Scott, I deny apologizing on your behalf for anything.
Meredith, I too am sorry for your troubles and pain. But I have to say that I think since your son was not listed on Chandler's birth certificate, he did not have any legal standing as the child's father. So Social Services would have no reason to try and locate him, because they would have no legal basis to involve him.
I would be all for re-evaluating the assignment of Chandler's parental rights to this couple though, and other such assignments, especially when the assignment comes with a monthly check for support. We always want to place kids in foster homes; I wonder if group homes sort of like an updated orphanage might be a better alternative.
Hi Heidi, long time.
July 31, 2008
4:37 p.m.
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Scott writes:
Heidi,
You're probably right. But what is holding me off on that is I do not remember any of these lawyers screaming to high heaven for the heads of the crooked cop and the two scumbag people's prostitutes. Part of the responsibility of a member of any profession (in addition to righting wrongs) is to call for punishment of the scum that infests their profession. If these lawyer that did get Mr. Masters cleared did call for the heads of the three scum buckets, please post a reference. BTW, calling for an "investigation" doesn't count.
Scott
July 31, 2008
4:38 p.m.
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GladysKravitz writes:
Lethal injection is too good for these "parents". they should be sealed inside a dark closet or wall and meet thier demise as they did to this defenseless child. Just like the ancient Egyptians did. Seal them alive inside a tomb and forget about them!
July 31, 2008
4:54 p.m.
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mrfxx writes:
Actually davies, the maternal grandmother requested custody and I have yet to read any LOGICAL reason why the request of a blood relative was denied. The state told her that she couldn't have custody because she didn't have a car (this makes sense, right) and, instead of finding the biological father (the state does have the option to give the DNA test after all) and finding out if he was willing to accept custody, they gave custody to this fine example of parenting skills, apparently because the man was the father of his half-brother. I thought whenever possible the state leaned over backwards (sometimes to the point that the child is stuck with an unfit parent) to make sure that either one of the biological parents got custody - or a blood relative got custody. How the state chose to make this custody decision is beyond me.
As far as a vigorous defense, as smelly as this case is, the alleged murderers do have that right. The good news is the better that the defense presses their case, the better chance there is that the decision won't be overturned on appeal. If the jury feels about the death of this child the way most of the posters do, they both will be found guilty - and at least go to jail for the rest of their lives. It is something we can all at least hope for (if not pray for depending on one's views).
July 31, 2008
5:08 p.m.
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Meredith writes:
mrfxx:
Just so you know, the maternal grandmother sent Chandler back to Phillips even though he told her Philips was hurting him. Whatever is played out now regarding how much she did for him, she knew about the abuse and she sent him back. Through hearsay, (we know how good that can be sometimes), she did not want the boys. There has always been bad blood between her and myself. She was afraid when Chandler was born that I would take him. I never got the chance. Tina just disappeared.
July 31, 2008
5:21 p.m.
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Meredith writes:
There is so much more to this story that will never come out. Some of the other adults should be on trial also. I am not sure justice will ever be available.
July 31, 2008
6:12 p.m.
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Heidi writes:
Hi davies, been busy lately. Or maybe just have wanted to stay away from the mental poison of what is going on in the world.
Scott,
I would say that in certain professions, it is encouraged, or rather enforced, to protect their own. Even if it is unethical or immoral.
July 31, 2008
7:26 p.m.
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Scott writes:
Heidi,
I know and that's too darn bad, especially when a persons life or freedom is at stake.
As a summer job, between the Navy and start of college, I worked for a land surveyor. Whilst out on the job the crew chief found a non-life threatening screw up (my words) by the civil engineer. The crew chief told me that I should never say that the engineer screwed up, it just wasn't done. I immediately promised myself that if I saw a screw up I'd call it that regardless of who goofed. That promise has served me well for lo these 27½ years in electrical engineering. BTW, if I find one of my own screw ups and it effects others, I immediately tell the others that I screwed up and have, or will shortly, fix it.
Scott
July 31, 2008
9:34 p.m.
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annie143 writes:
[quote]There is so much more to this story that will never come out. Some of the other adults should be on trial also. I am not sure justice will ever be available[/quote] Oh my, I had wondered about that. Does any member of this tragedy truly accept their responsiblity in what happened here ? All I have heard is blame for CPS and it did not BEGIN with CPS....my prayers are for Dominick and I hope he is in a better place. I do think the mother should have waited to have another child until her living son was returned to her. Now, is when Dominick needs her, just getting through this trauma. But, again, who am I to judge. My feet are made of clay, too.
July 31, 2008
11:44 p.m.
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happymike44 writes:
How many people who want a child can't have one.
This little boy was trapped by the system designed to protect him.
Why did no one notice him missing for a month.
These sick child beating scum need to be put to death.
They deserve to be put in prison with the other murderers.
I hope this poor child is at rest with our lord in his heavenly garden.
No child should ever suffer this kind of abuse.
The judge or jury need to understand this child suffered a agonising death.
Then punish these scumbags to the full extent of the law.
We should all pray for this little boy today.
August 1, 2008
10:38 a.m.
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fiesty writes:
I truly blame the biological mother. As Meredith has stated, she did not put the father's name on the birth certificate, or recoginze him in any way. Therefore he had no legal recognition, right, or standing. Being overseas complicated the issue (base legal cannot help in civilian matters). It also appears that the biological mother went to lengths to hide herself, and when the children were taken away, STILL did not inform the courts of who the biological father was.
I cannot even imagine the true father's pain, not only losing his child, but knowing HOW he died. And Meredith's, after trying so hard to find him. My thoughts are with you. At least the good ones; the bad ones are saved solely for the inhuman monsters who did this.
August 1, 2008
10:51 a.m.
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Ringmaster writes:
Good thing the doctor cleared that up.
Something tells me that Moore isn't going to die of diabetes either.
August 1, 2008
11:24 a.m.
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wilson writes:
Engineers are prostitutes. All of them. I read a story once about an engineer who lied to cover up the negligence of another engineer. Don't try to argue with me; my logic is perfectly sound.
August 1, 2008
12:08 p.m.
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Scott writes:
Hey wilson,
I've been called a whole lot worse than that. You're going to have to come up with something a lot better than that to insult me. :-)
Scott
August 1, 2008
12:11 p.m.
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Heidi writes:
wilson is just a lonely soccer ball on a deserted island.
August 1, 2008
12:15 p.m.
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Heidi writes:
What a terrible fate he was dealt......
August 1, 2008
12:18 p.m.
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Scott writes:
Heidi,
I'm laughing my backside off because I a$$/u/me that you are referring to Wilson Sporting Goods ... right? :-)
Scott
August 1, 2008
12:20 p.m.
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Heidi writes:
Of course. But I am afraid we have strayed too far from the subject at hand. No more joking for me on this one.
August 1, 2008
12:22 p.m.
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wilson writes:
Just illustrating the logical fallacy inherent in your position, Scott. Not trying to insult you. The inductive leap between your premise and conclusion is an impossible one, in my opinion.
Btw, I love that movie.
August 1, 2008
12:32 p.m.
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dilligaf writes:
You all want to try something that will crack you up? Go to an article or a editorial that that has a lot of posts on them and read what it is about. Then don't start reading the comments from the top go to the bottom. You will have to go back to the article to see what it was all about. They never stay on the subject at hand.
I KNOW I DO IT TOO!!!!!!!!!!!!!!!!!!!!!
August 1, 2008
12:47 p.m.
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mojambo writes:
Dear Rocky
Would it not make sense to post the new entries in descending order, thereby making it much easier to read?
August 1, 2008
12:50 p.m.
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fiesty writes:
Have you seen the latest update? What does the poor child's friggin' testicles have to do with anything?
Also, did you notice where it stated that the autopsy showed "no evidence of diabetes in his kidneys and his pancreas was producing insulin normally"? So much for the defense.
August 1, 2008
1:03 p.m.
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LOUIE writes:
Meredith. man that's one hell of a tale; I wrote about this very thing on an earlier post on this trial. Social Services has been falling apart for years. I hope the governors investigation of last years 13 deaths in cases they were handling, brings change. Somehow, I don't hold out much hope with the politicians. Your story is so sad, God be with you.
August 1, 2008
1:20 p.m.
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Meredith writes:
Louie:
Thank you for your kind words. Right now I am so mad at God that Him and I argue alot. I cannot understand what good is coming out of this. I know in my heart that Chandler is now at peace and yet the pain he went through is unexcusable. There was no need for him to be put through that. I would have taken both of the boys. They would not have had a lot of money but they would have been loved.
Annie143:
Just to let you know, Dominick was taken from his mother. She has no access to him. Most days she is so far gone that life does not register. I do not know about Dominick's other grandparents (Phillips parents). Dominick is not my grandson or I would take him. The State will not consider it. The last thing that I have heard about him is that he is in foster care. God willing he is with a good family.
August 1, 2008
1:53 p.m.
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Gonzopozo writes:
Free will. We all have it. And we'll all answer for our actions.
August 1, 2008
2:12 p.m.
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Scott writes:
"My opinion is that Chandler did not have diabetes," Whitmore (Medical Examiner) said.
I stand by my comments regarding the filthiest profession on Earth, lawyers. The Phillips prostitute trumps up a diabetes claim to mislead the jury and then in testimony the ME states that this poor little boy did not have diabetes. Yet, the lawyer lovers on this blog run to prostitutes' defense, pathetic.
Scott
"How can you tell a lawyer is about to lie, their lips start moving"
August 1, 2008
2:37 p.m.
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Gonzopozo writes:
You know, I generally agree with Scott regarding the character of lawyers.
But something just doesn't make sense with this case.
This "diabetes" defense is so patently absurd the attorney HAD to know it had ZERO chance of success. Seems like "criminally insane" had a much better chance. So why go with something you know will lose?
Maybe he's just stupid. Maybe not.
August 1, 2008
2:46 p.m.
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SickNTired writes:
Gonzopozo: My guess is he'll claim inadequate counsel. (Counsel knows he's not providing an adequate defense; purposely.) Appeal the decision and buy more time before the death penalty.
August 1, 2008
2:46 p.m.
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shey writes:
maybe he doesn't like his client.
August 1, 2008
2:47 p.m.
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whodat writes:
I know one thing...when he goes inside. His fellow inmates will make it impossible for him to eat. He'll eventually have to be fed in
his cell...to protect his right for nourishment.
August 1, 2008
2:50 p.m.
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SickNTired writes:
I've been following this case since it happened. I still cannot get my brain around the whole thing. On one hand, I'm so mad I could kill the 2 POS with my bare hands. On the other hand, it's overwhelmingly sad and tragic the end to this little boy's life. I can't fathom anyone treating an animal like this, much less a child. Rot in hell a**holes. RIP little one and bless you!
August 1, 2008
3:23 p.m.
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annie143 writes:
Meredith, from what I understand from the newspaper, Dominick is with his aunt, the bio mothers sister. But I think she is young with two children (?) of her own. Hopefully, he will do well and I would imagine his mother does have some contact now, even if only by telephone. I would have hoped she would have gotten her life in order for Dominick and then had another child but, may be it will work out okay.
To us the diabetic defense seems ludicrous (?) but jurors try so hard to be FAIR, they often give a lesser sentence trying to over compensate for the parts they dont understand and they lose sight of the common sense part. JMO.
I do not understand why this is not a death penalty case. From what I have read of Colorado law, it should be. Maybe they didnt figure they could get the dp and this was a better alternative. We do know the perp wont be put in the general population, mores the pity, as our problem would be over.......
I am anxious about little Dominick. From everything we have read, it nailed them, big time and I believe he was truthful. But this is hard time for a little boy and especially after what he has been through. Prayers {{Dominick}}
August 1, 2008
3:33 p.m.
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SeekKnowledge writes:
I beg to differ about jurors' understanding of the testimony. It's typically far better than the general public's understanding, given that they hear and see first-hand the entire testimony from the experts for both sides, as opposed to simply reading small, out-of-context excerpts in the paper. I'm sure that will be the case in this trial, as well.
August 1, 2008
4:02 p.m.
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annie143 writes:
Seekknowledge, I have seen several trials over the years as to where jurors admitted after the trial they didnt understand certain parts, especially if they were technical.
August 1, 2008
4:05 p.m.
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sweetpea313 writes:
What monsters these people are -- to abuse little Chandler in such a cruel way! I hope they are both found guilty. I wish their punishment would be the death penalty -- they don't deserve to have 3 square meals a day for the rest of their lives, in addition to heat and air conditioning, a bed, a bathroom, physical activity and the privilege of watching TV/movies -- but I know that's not on the table. I also cannot comprehend this senseless tragedy.
August 1, 2008
4:12 p.m.
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SeekKnowledge writes:
Yes, but your comment compared jurors' understanding (saying that it lacked common sense) to that of "us," by which I assume you meant those of us who are getting information in bits and pieces from the media. While, in some cases jurors may not completely understand technical testimony, given that they get much more information from experts than we do, their understanding of it is typically better, albeit sometimes incomplete. I've been in the courtroom for many trials (murder trials included), and I've followed others via the media. If one wants to have a better understanding of the arguments, the former is far better than the latter.
August 1, 2008
4:15 p.m.
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mcmooreacctnt writes:
All: This case is sickening beyond belief but the depravity of the case out of Philadelphia regarding a disabled 14 year-old girl who was murdered in much the same manor as young Chandler might have it beat.
On the Philadelphia District Attorney's website one can find the report of the Grand Jury that was conviened to investigate this little girl's torture and murder. It is truly shocking. The utter depravaity of some human beings defies any rational comprehension; words cannot describe the extent of evil that some people are.
August 1, 2008
4:15 p.m.
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4gColoNative writes:
What can possibly be going through Phillips' mind as he sits expressionless through this testimony?
"I'm not going to get away with this... I'm going to prison for the rest of my life"
- or is he wondering himself:
"am I a monster? ... how could I (we) have done this?"
Will he say anything on his behalf at sentencing? Will he exhibit any sincere remorse?
I know, many of you readers are going with "I don't care what he thinks/feels, may he burn in hell" ... but that's a foregone conclusion (hopefully). The intriguing thing now is how these two were capable of this monstrosity. Is it their narcissism? They care more about hairstyle than raising a healthy child?
August 1, 2008
4:24 p.m.
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BetterEducated writes:
My only regret is that it would be deemed cruel & unusual punishment for him to serve time in the same sort of conditions he sentenced his child(ren) to.
This is the second time my font is coming up huge on the screen. ?
August 1, 2008
4:55 p.m.
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Who_Me writes:
Kid says dad hit/clobbered him. A few days later, his demeanor changes as does the story. CSI-level social worker, being the only government employee not being able to recognize something is wrong (hello? anyone home? how stupid are you?), is content to take the kid back home. Everyone else living in the real world would suspect something is rotten in Denmark.
August 1, 2008
5:02 p.m.
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ShadyGrady writes:
Can we not find a way to do away with this loser immediately? GET HIS DISGUSTING PASTY FACE OFF MY MONITOR. This is NO TIME FOR DUE PROCESS. Good God, what is wrong with society?
August 1, 2008
6:34 p.m.
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fntsymtn writes:
I have not followed this story because it just sickens me
... but, I have marked July 30, 2008 1:58 p.m. as a historic and monumental point in time ... I actually agree with Forward69 about something
Perhaps the folks at Guantanamo bay have a few ideas about how to get the truth out of Mr. Phillips ... I'd sure like to let them try.
August 1, 2008
6:52 p.m.
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tchoupitoulas writes:
I cannot believe the defense would try to contradict the opinion of all the emergency room staff and the medical examiner. I know that those attorneys have a job to do but for Pete's sake...how can you possibly feel good about what your're doing when you know that this kid was tortured?
August 1, 2008
7:19 p.m.
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HollyGoLightly writes:
We seriously need to do something as citizens to help the next "Chandler" before he/she dies at the hands of an abusive parent. I don't know what we need to do but as adults we need to do something....anything to save these kids.
August 1, 2008
8:07 p.m.
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annie143 writes:
HollyGoLightly, contact your lawmakers, tell them of your outrage at the way children are being abused, neglected and murdered and you want laws to reflect that we will not tolerate this and provide more funding and oversight for children, better training for case workers. Work with the agencies that support children in any way you can. I have done menial work for our guardian ad litem organization and let people better suited (emotionally) to handle the guardianships. One of our local agencies gives stuffed animals to every abused and neglected child that comes through the agency. They collected 400 and had about 1500 children a year come through. After Christmas, Valentines Day and Easter this year, I went to Walgreens, CVS, WalMarts, etc, and bought 10/20/30 appropriate stuffed animals at 1/2 price and donated them. I am not well off and they usually ran $3.00-400 a piece. It was what I could do. There have been stories of the kids in foster care having to move from home to home with their belongings and clothes in plastic garbage bags. Some churches and organizations are donating the suitcases with wheels on them for the kids (a wonderful idea). Most of all, be vigilant and be willing to step up when you see a wrong or suspect a child is being abused. REport it and then follow up.
I hope this isnt too long.
August 1, 2008
8:11 p.m.
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annie143 writes:
Seekknowledge, and then we have the O.J. trial. LOL
August 1, 2008
10:08 p.m.
Suggest removal
lawgirl9 writes:
We waste our tax dollars trying this filth in a court of law. Can you believe that this Phillips guy shows no emotion while his biological son is testifying that he denied a child of food, drink and bathroom trips. Now we waste our tax dollars putting him in a cell by himself because we have to "protect" him from the "general" population at the prison. The social worker saw marks but did nothing. Yet our tax dollars go to pay her as well? She should be on trial too. And she should have to live the life that Chandler lived after she returned him to this "great" home. We put up with this as a society. We do nothing and then we get on here and talk about the autrocities that happened to this kid.
Where is the accountability?
August 1, 2008
10:13 p.m.
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lawgirl9 writes:
I am just as guilty as everyone else of doing nothing. So please dont post that I am holier then thou?
I realize this.
What can we do?
I personally think it starts at the top. The lawmakers.
The boss of this social worker. Like firing her. She obviously did not do her job... If I was this incompetent at my job, I would be fired.
Where do we start? What do we do?
August 4, 2008
10:20 a.m.
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mcmooreacctnt writes:
ezekiel777:
To whom are you addressing your comments? If you are addressing everyone then you do so ignorantly. Some who post here are not humanistic agnostics or atheists, who completely dismiss God's word. These comments appear to be self-serving, shallow insults that do nothing for the Christian cause.
Also, where are you coming up w/ these irrelevant, completely off topic comments such as a '"meth-head" speeding past you on the highway at 180 on his motorcycle'? Are you sure you aren't on meth yourself?
August 4, 2008
10:40 a.m.
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freedomfighter1 writes:
If Chandler was denied food as punishment probably for minor behavioral problems, then this guy deserves to die of starvation himself.
August 4, 2008
10:40 a.m.
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SickNTired writes:
Agree mcmooreacctnt.
August 4, 2008
10:43 a.m.
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Gonzopozo writes:
This is all so incomprehensible.
Nothing anybody says seems to help.
August 4, 2008
11:06 a.m.
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HelpKids writes:
Chandler's death has most definately affected my life. I myself am custodial parent and fought very hard for my son. He is Chandler's age and looks very similar to him and probably why this has impacted me so much. There is a disconnect between social services and state law. When that police officer wanted to remove the kids from the home, social services said, where are we going to put them? And that is the whole reason they were not removed. That is a huge part of the problem. What is the State of Colorado doing to protect kids?
Since Chandler's death, I have volunteered to be a family advocate for abused children. We all can do something to help. Whether it is volunteering or donating. The Denver Children's Advocacy Center needs our help as they help abused children to STOP the cycle of ABUSE. It needs to start there so those people do not grow up and abuse others.
I pray for Chandler everyday and have come to peace that he is in a better place. I do also believe he saved his brother.
Maybe that is what he was meant to do here and why he suffered so he could save Dominic and open up some of our eyes.
August 4, 2008
11:07 a.m.
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davies writes:
lawgirl9: "Where do we start? What do we do?"
I know one place. I let my United Way sponsorship lapse this year because I was feeling sorry for myself after a divorce. I remember they had lots of child advocacy agencies that you could designate for some or all of your contribution. I imagine an Internet search would yield the same thing.
I like the United Way credentialing because there is less chance of getting scammed by some agency that just pays lip service to the kids and salaries to themselves. Anyway, I'll be signing back up this Fall.
Sad, sad story. I know kids starve to death all over this planet of ours, and we need to do more for all of them. But for two seemingly 'normal' people in our community to end up doing this deliberately to this little dude, it's just incomprehensible.
August 4, 2008
11:21 a.m.
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HelpKids writes:
Another note on helping others out. Pay attention to your community and to kids in your own children's classes. When the social worker said she thought it was odd that Chandler ate so much during their visit and his eyes lit up, that was her intuition or the little voice inside of her saying something is not right here.
She should have listened to that and investigated more and I have no idea how she is still employed as she could have saved his life.
August 4, 2008
11:35 a.m.
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freedomfighter1 writes:
A lot of people are comming down on the social workers and human services. These workers follow the laws that are set forth by the state. Since this case and a couple of others, the laws and guidlines are changing. I was a social worker and there were many times when children were removed and shouldn't have been and very few were they should have been and were not. When I brought up that some children should not have been removed, I've heard that we should era on the side of caution. If you new the effects on a child when being removed from their parents and put into foster care (sometimes to be abused and neglected) you would say to era on the side of caution means to keep the child with their parents. Want to make a change...promote safe sex or even better birth control. We should have civil suits against people who have children without the means and ability to care for them. I am not taking up for this guy or his GF, they should both be hung for this, but blamming the Department and workers only causes secondary issues, such as children being removed for very minor offenses.
August 4, 2008
11:45 a.m.
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HelpKids writes:
I understand what you are saying freedomfighter as it can be a gray area and there is a risk in removing a child and putting them in foster care.
I just think she should have investigated more especially with how many times the school contacted police and even the police recommended they be removed.
August 4, 2008
12:01 p.m.
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freedomfighter1 writes:
Social workers can not remove children, the police make that decision by themselves. Sometimes they may consult with a social worker on the decision, but by law only the police have the authority to remove a child. The first call was investgated and at that time the law stated that the child had to tell the worker that it happened, what he told a teacher would not work. Now the laws have changed and the social worker can use what the teacher says. The second referal was made because the child had missed so much school, but as I remember it-he was not seven at that time and by LAW did not have to be in school. So I am not sure what the worker would have been investigating.
August 4, 2008
12:07 p.m.
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davies writes:
Maybe it's time to bring back an updated version of what used to be called an 'orphanage'. Not just for the short term until another mediocre foster home becomes available, or until a drug-addled parent stays sober a few weeks, but a stable, group-home place where kids could get comfortable, get to be known by the staff and grow up with some other kids - and maybe develop some life long relationships.
August 4, 2008
12:07 p.m.
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HelpKids writes:
Thank you for that information, I understand now that again it is the law that failed him. Do you know then if that police officer recommended they be removed, why they were not?
August 4, 2008
12:18 p.m.
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mcmooreacctnt writes:
freedomfighter1:
I also see what you are saying but not all are as you say they are. See my post on Friday afternoon regarding the starving to death case out of Philadelphia. The Grand Jury in that case placed a lot of the blame on several social service workers and contractors...and rightly so. Read the summary of the Grand Jury's report. That case is worse than this one.
August 4, 2008
12:18 p.m.
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riosmom6 writes:
The Police do NOT independently have authority to remove a child from the home. They are court ordered to do so. They can only make recommendations to the Dept. of Human Services.
August 4, 2008
12:19 p.m.
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freedomfighter1 writes:
Davies
I agree with you. The old system didn't work, but a new one could be created and I am sure that those children who were in this type of placement would be more productive citizens then they turn out with their parents. A lot of the "cycle" problems (domestic violence, criminal behaviors, abuse, ect.) would also be decreased.
Helpkids
I am not sure why this did not happen. I do know that if the police remove a child, human service is then responsible for placement and services. If the worker disagreed, the officer still had the power to remove the child. However, a lot of officers are over cautious. I have seen officers remove a child one day and the next day I was fighting for them to be reunited with their parents. Most of the time the problem could be fixed with a little support from human services and the community.
August 4, 2008
12:26 p.m.
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HelpKids writes:
Merideth-
I do not understand why this happened to Chandler either. I have prayed a lot for Chandler and have tried to understand why this happened to him. The only peace I have come to with God is that he saved his brother, Dominic from the same kind of abuse. I hope he is in a good home now.
August 4, 2008
12:27 p.m.
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freedomfighter1 writes:
Riosmom
Explain what you mean please. Where did you get the info that human services has to make the call? I have been there when officers remove children. There was no call made to the courts. I will say that a social worker can remove a child, but they do need whats called a judge's order, they must call the judge and then have the police show up too.
Mcmoore
I will look for that case, but laws are different from state to state. If you are thinking that the worker should be held responsible for what happened here, I will have to disagree with you. I know the worker(s) who were involved and I think that they followed the law and they are very good social workers.
August 4, 2008
12:38 p.m.
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riosmom6 writes:
freedomfighter: In emergencies, an officer may remove a child, but the child is turned over to human services. Police Departments don't have any facilities to house children. If a child is removed from a home, it is done under court order, or what you call a judge's order. Perhaps different jurisdictions handle it differently.
August 4, 2008
12:47 p.m.
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mytwosense writes:
davies: "Maybe it's time to bring back an updated version of what used to be called an 'orphanage'. Not just for the short term until another mediocre foster home becomes available, or until a drug-addled parent stays sober a few weeks, but a stable, group-home place where kids could get comfortable, get to be known by the staff and grow up with some other kids - and maybe develop some life long relationships."
More and more, I'm beginning to agree with this suggestion. As long as they are tightly regulated, that is - otherwise, kids could end up in the same abusive situations. I would like to see these homes run by highly trained, well-educated, and yes, well-paid people, who also have to undergo extensive psychiatric tests to make sure they are a good fit for the jobs.
Again, I agree with you Davies - obviously our current system of audits and checks is failing.
The problem is how to position this idea to the public. There are negative connotations associated with orphanages, probably some merit behind 'em, too. But certainly we could upgrade, as you say, to a more compassionate and healthy environment in new versions.
August 4, 2008
1:02 p.m.
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mytwosense writes:
Oh, two more things...
Davies - I imagine there will be resistance on both sides of the political spectrum to updated group homes for children. On the liberal side, people will harken back to problems with the orphanages of yore. They really see the term "orphanage" as a social stigma. On the conservative side, we are sure to hear the inevitable cries of "Welfare state!" "These kids live better than my own!"
I think the libs could be more easily convinced if the concept was genuinely repackaged the right way, if good public financing was made available, and strong rehabilitative programs were in place for the children.
For the conservatives, best answer I can come up with right now is that if we institute these types of group family homes now, we lessen the need for them in the future. Because abused children often end up leading destructive lives (not all, of course), many end up having children they are utterly unable to parent themselves, and so on. So the social problems of abuse pass on to the next generations.
And then I just wanted to say something about these cruel people feeding that child oatmeal and banning him from the family table on Easter. I can't believe the grandparents didn't see huge red flags right there. I can tell you that my mother and sister would have loudly protested if I did such a horrible thing, and would have insisted on my child's presence at the table. And they would would have watched me like a hawk ever after to make sure my kid wasn't being mistreated.
There were many signs to many people along the way that this little boy was in serious trouble. They will have to live with that for the rest of their lives, as they rightfully should.
August 4, 2008
1:03 p.m.
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Meredith writes:
Freedomfighter1 -
The system failed. There were blood relations of Chandler's that would have gladly taken him. We could not find him. The "system" did not try to contact us. It took the news media less than an hour to find my son, yet the court system etc. could not find him for months. There were requests made to the county for my son to be notified if Chandler was found. When the "system" wants it can take any child. It may in the end have to return that child but in the moment the "system" has the power. The social workers, judges, etc. found it was easier to keep Chandler where he was instead of locating any biological family. I let Chandler down when I could not find him. The rest let him down when they sent him back to Phillips. There are others that should be on trial also. People who held back information. People who claim now to have loved Chandler, but they also sent him back to that hell. Through the years I have had many dealings with Social Services. The last one, the worker attacked me. I had marks from where she attacked me. I have yet found anyone in social services that really cared. You see besides Chandler I have a grandson that is autistic. Since I raised my grandson, I had to have contact with Social Services. I have never been put through so many problems. They were constantly on my back. So why did they not do the same for Chandler, who obviously was abused. My autistic grandson is happy and well loved but Social Services were at my house once a month. Why were they not at Chandler's?
August 4, 2008
1:07 p.m.
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Meredith writes:
Mytwosense
You are right. I have 9 other grandchildren. There is not one that would be treated like that on Easter. My children know that when grandma is around the grandchildren are perfect. I would never have allowed my child to treat my grandchild that way. But then he wasn't their grandchild.
August 4, 2008
1:09 p.m.
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mytwosense writes:
The Rocky Mountain News would do its readership a huge service by embarking on an in-depth investigation of our current social services system, how it bases it's decisions on placing children, it's follow up methods, how well its employees are trained and paid, how many children per employee are overseen, and any other possible details that would give the public something to WORK WITH here.
So that we can have a REAL dialogue about how to help these kids. We are seeing too many of these horrific stories of abuse that end in a child's death - and Social Services was aware of a potential dangerous situation!
We, the public, can only do so much in terms of an outcry against these abuses. We need to know what's really going on, and dammit, that's what a community paper is supposed to be informing us of.
August 4, 2008
1:12 p.m.
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freedomfighter1 writes:
Meredith
I am sorry for your loss. I understand your frustration with the "system." I have also seen the problems with human services and have left the field (though I loved social work). I agree with a lot of what you say, but I do not know your families' situation and the details of current and passed cases. The "system" is not broken, that would indicate that it worked at one time and it hasn't. I am saying that the individual worker(s) did their job as they were told too. Any fault should rest with administrators, judges and law makers. We often see administration or those in control putting the blame or mistake on those under them.
August 4, 2008
1:17 p.m.
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mcmooreacctnt writes:
Freedomfighter:
I agree with you...Social Service workers in this case are not to blame. Only the two "guardians": one who is on trial and one who will be on trial are to blame. The case out of Philadelphia; the Mother was primarily responsible but the social workers who did nothing - even after five and more reports - were also going to be held partially responsible.
August 4, 2008
1:20 p.m.
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Meredith writes:
I understand that. Part of the problem was the judge who never even questioned whether Chandler's biological father was around. I know that people are overworked and underpaid. I know that no matter what I cannot bring Chandler back or give him a loving life. What I have a problem with was that there were so many people wondering about this child. Even if he was taken to an emergency home, at least then he would have been safe. I only got to hold him once and it is unthinkable that I will never see him again. I always felt that at 18 he would force his mom to tell him who his dad was. Sorry, the whole system failed Chandler, myself included.
August 4, 2008
1:28 p.m.
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buffsblg writes:
I understand that this case gives rise to strong emotions and disgust, but those are exactly the type of cases that require the strongest adherence to principles of due process andthe presumption of innocence. I do not mean that people cannot or should not form opinions. However this board is constantly full of people like Scott and lawgirl who choose to attack the Court system and the attorneys and would rather form a lynch mob rather than let the trial run its course. Lets remember that innocent people are in prison all over this country, often because hasty judgments were made based upon tragic or inflammatory facts. 12 people will hear all the evidence, not just what is reported, and make a decision. Before we decide to throw out the system, lets see what the result is.
August 4, 2008
1:29 p.m.
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freedomfighter1 writes:
Meredith
The blame is not yours and even though the "system" is flawed, it did not do this. Those two people who had Chandler in their care did this. Once again, I am very sorry for your loss.
August 4, 2008
1:34 p.m.
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freedomfighter1 writes:
buffs
I was wondering when you were going to show.
August 4, 2008
1:36 p.m.
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buffsblg writes:
And yes Scott, I will be on here defending the constitution on a regular basis. I know that you would prefer that you alone were set up as judge jury and executioner but most of us are uncomfortable giving that power to someone who ignores the most basic logic and instead relies on name calling to make his point.
I will point out that there are a number of nations that do not have due process or the right to a fair trial. As you so strongly disagree with the basic founding ideas of this nation, perhaps you would be more comfortable in China or Zimbabwe or Kazakhstan or any of the numerous other dictatorships that beleive in summary execution.
August 4, 2008
2:04 p.m.
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mytwosense writes:
buffs, thanks for defending the judicial system in our country. It may have it's imperfections, but it's a far better one than almost any other in the world. That I know of, anyway. We take away due process, and we're going to find ourselves in a scary place to live.
August 4, 2008
2:16 p.m.
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Scott writes:
Hey buffsblg,
I too "defend(ed) the Constitution of the United States against all enemies, foreign and domestic, ..." You might try the same. Instead of sticking up for prostitutes (domestic enemies of the Constitution), try eliminating them, legally, and push for the recruitment and training of people that want to uphold justice instead of making a name for themselves by getting scum off or getting the innocent convicted; i.e. the current crop of prostitutes (lawyers).
Scott
August 4, 2008
3:05 p.m.
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buffsblg writes:
ricklylee when have I ever not defended the 2nd amendment? I see no other right that is "absolute" and I do not agree that the right to keep and bear arms is absolute any more than other rights are. I thought the D.C. statute was too strict, but I can support other restrictions.
Scott once again you demonstrate own unjustified arrogance. Your position remains that the Constitution only applies to people you like. You do not want or support due process for those that you have "decided" are guilty, usually based upon news reports that are at best incomplete and often biased. Grownups understand that name calling is not argument and that they do not necessarily know everything. You condemn lawyers, yet you have admitted that you know none and have no experience with the Court system. Taking pride in deliberate ignorance is not the most convincing basis for taking you seriously.
I do know one of the attorneys on this case and I am quite comfortable saying that he is both more moral and vastly more intelligent than you, as well as being greatly more informed as to this case. The attorneys are insisting that the prosecution prove the facts, as is written into the U.S. Constitution and bill of rights, as well as the Colorado Constitution (you might read some history of the founding fathers, like John Adams, or James Monroe, or perhaps Abraham Lincoln, an accomplished criminal defense attorney, to see why the right to trial is so sacred) Fortunately, in this nation, a jury will decide, not those on a message board who have formed an opinion in ignorance and trumpet it in arrogance.
August 4, 2008
3:58 p.m.
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Ringmaster writes:
I think the RMN is wrong to post this running blog from the trial.
The "parents" are scum; no doubt about that. My concern is when they are found guilty and file an appeal (there will undoubtedly be an appeal) their lawyers can argue that with such media saturation of this trial it will be impossible to find a neutral jury. I would hate to see this case thrown out because the potential jury pool was "tainted".
August 4, 2008
4:57 p.m.
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buffsblg writes:
ringmaster, the jury is already chosen and seated for this defendant. They have been advised (as all juries are) not to read any coverage of the trial so this publicity will not affect this trial, unless some juror ignores the instructions. However, it will come into play on the trial of the second defendant, the girlfriend. However, even if a judge finds the jury pool is tainted, the remedy is not dismissal of the case, but a change of venue to a county where an untainted pool can be found (maybe the west slope). I am not aware of any case in Colorado where a case was dismissed due to pretrial publicity.
August 4, 2008
5:05 p.m.
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LOUIE writes:
Actually, Ringmaster I kind of like this running blog, it shows how opinions evolve as the evidence unfolds. Sue Lindsay is a great person for the job. I sat next to the girl a couple of times during the Alan Berg murder case, with the 4 defendants on trial. Ms. Lindsay is quite observant of things and mannerisms most do not pick up on, great person to run an ongoing blog. She is great gal with a lot on the ball. It will be intresting to see where people take the conversation, as more evidence is brought to light. I like this idea in a case like this, it won't work just anywhere on any trial; but it seems to be doing okay here for the moment.
August 4, 2008
7:43 p.m.
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trouble22 writes:
What gets me about this whole thing is all of the BOZOS who keep saying things about how the biological dad was on drugs etc. Do any of these people even KNOW him???? If not, SHUT UP!! He was NEVER on drugs and loved any child he was ever around! People Learn the facts before you accuse!
HE NEVER GOT THE CHANCE TO BE HIS DAD DUE TO FACT THE MOTHER WAS HIDING CHANDLER FROM HIM!
August 4, 2008
8:47 p.m.
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chapatrick writes:
If the jury of this trial does not bring the full extent of the law to deal with this couple that murdered this child this will speak volumes to what this Colorado community has become. The perpetrators should have a live cam of the childs grave in their cell that plays 24 hours a day. The wall paper should be the photos of the child that made the jurors ill. They should have reminders every day of what they, knowingly, chose to do to this innocent child. The social workers should be charged with negligence or manslaughter. If they are too stupid to identify a crisis situation, and they have accepted responsibility to handle that position, they then have to be responsible. Kind of like a person that drives a car drunk. If you take the keys you better be able to drive it. And oh yes, one comment noted from above, the missing parent is not responsible, maybe that is why they are missing, they do not accept the responsibility. Is it because she kept the kids away, I think not, if most 'missing parents' have the fortitude to live a responsible life, deal with the parent that is refusing access to the child, to show responsibility and support for that child, most courts will support that parents rights. But, there again, the missing parent must take the responsiblity to not be missing. If the missing parent had been close and observing the child he may sleep better these nights. Just my thoughts.
August 4, 2008
9:14 p.m.
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lawgirl9 writes:
So what I dont get is that everyone on here is posting that this couple should get the death penalty. But i have a couple of questions. Isnt a death penalty case decided upfront if it is a death penalty case? and second, isnt this trial just for Jon Phillips and not Sara Berry. Doesnt her trial start after this? Am I wrong? Please clarify...
August 4, 2008
9:43 p.m.
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lawgirl9 writes:
I am so glad that I posted my previous questions before reading the above Blog comments.
Are the people posting on here for real?
Social services is not to blame.
I am OUTRAGED at these comments.
Social services is to blame for this tragedy.
If this social worker would have done her job, Chandler Grafner may still be alive today. She FAILED this kid miserably. There are so many examples like when a kid is pulled out of school after following up on a complaint and not looking into WHY that child was pulled out of the school.
Like seeing bruises on a child and RETURNING him to that home.
Like everything she did.
Do these people not realize that social workers are government jobs? Department of Human Services is what has been put into place to protect children!!!
This social worker was probibly out looking into cases where the mom leaves child in air conditioned/windows down car while putting gas in their car. As I saw posted somewhere else.
Instead of on REAL cases like this one.
Do we even know how many complaints were filed with social services related to Chandler? I havent heard an exact number quoted anywhere. 2 have been referred to so far in this case.
That is two too many!!!
If we dont hold these social services employees accountable, who will?
This case PROVES that this social worker is not good at her job but more importantly she is not good for society. Yet, she still has a job.
She missed key signs there were problems in this home. KEY SIGNS she was so-called trained to recognize.
Do you think theres a problem with this social worker?
No follow up...
But lets give her a medal...Are you people crazy??????????
And why did they not ask questions about biological dad?
Do you see a pattern of laziness?
IF I was this lazy or incompetent at my job, I would be fired. She probibly got a raise. Was she even written up?
Where was she held accountable?
She had a responsibility to Chandler and to us as taxpayers who pay her wages to protect this kid.
And she failed.
THIS CHILD WAS FAILED FROM ALL OF THE RESOURCES THAT HAVE BEEN PUT INTO PLACE TO PROTECT HIM!!!
From social services to the school who didnt call back social services when Chandler was pulled out of school to EVERYONE IN THIS CHILDS short life.
Where is the accountability?????????
Please think about what you write before you post to make sure that what you saw is logical.
August 4, 2008
9:45 p.m.
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chapatrick writes:
I don't believe you are wrong. I believe you are using the letter of the law. I know, all attorneys, are on the side of their client. I did not say the death penalty, I said 'the full extent of the law'. If that includes the death penalty, then so be it. What I don't get is why people see so many 'things' other than the dead child that was layed to rest. Am I wrong? Did this child not suffer a horrible death. lawgirl9, what in the name of all that lives between heaven and earth would you do if you knew your small child was in the situation this child was? What letter of the law would you throw forward. What lawgirl9 would you want for your baby laying in that closet. Would you come home day after day and say 'hum, wonder where the child is?, wonder if he is eating, hum wonder if he is getting enough fluids, don't see anything going through that closet door to provide it to him, and guess what, you weren't providing for the child either. Dehydration and starvation is a HORRIBLE, extreme and painfull death of suffering. And, it goes on for a long time before the child draws it's last breath. And yes, her trial does start after this, and let me ask, what would you do if you came home from work and found your child in a closet starving and dehydrated? She deserves a fair trial. It's time civil citizens or our today's civilization put commen sense, truth and responsibility into practice. And, the way you sound, you are probably one that would want to be her defense. Long has gone the days of the great attorney A. Lincoln: 'I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live by the light that I have. I must stand with anybody that stands right, and stand with him while he is right, and part with him when he goes wrong.' (www) Is that clarification enough?
August 4, 2008
9:51 p.m.
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lawgirl9 writes:
chapatrick, I have agreed with everything you have sai. why the attack?
I am asking Is this a death penalty case because I thought that had to be decided before proceeding to trial.
And
Question 2
I never said she did not deserve a trial.
I just thought she was not on trial and that just that Jon Phillips is the only one.
Yet, you see posts like
"This Couple" or "these people"
But I thought this trial was only for the male in the home.
Am I right?
I was simply looking for clarification.
I had not read the above blogs before posting my questions.
August 4, 2008
10:10 p.m.
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lawgirl9 writes:
Chapatrick:
Boy, you read a lot into my comments.
I do believe that everyone deserves the right to a trial and I believe that everyone is entitled to legal representation during that trial.
I however, would not be good at providing that legal service.
I personally dont know how these attorneys can stand to even look at themselves in the mirror to try and claim this child had Diabetes.
There is a big difference between diabetes and starving.
I cant believe that we allow the systems that "we the people" have put in place.
What kills me is the posts about social workers are all saints and lawyers are just doing their jobs.
I dont believe that at all.
I think this social worker as I believe all social workers should be held accountable for their actions and how their actions affect peoples lives including Chandler.
I think these lawyers are not providing the service they were hired to do. Dont lawyers swear to a code of ethics.
Is it ethical to put forth a completely ficticious story like that Diabetes untreated could cause your kid to look like he starved to death?
This is just crazy.
And why isnt the media putting out the "reality" on diabetes in children? The medical studies on the diabetes these lawyers are talking about because I have tried to do research and find the studies that show diabetes causes bruises on ears and that it causes you to throw up gatoraide and causes you to weigh 34 pounds when you are 7. I think 3 year old weigh this. I think Coroner said cause of death was from heart attack from starvation not diabetes. Isnt there signs in your organs that you have diabetes? Where is that is the autopsy because I didnt see that either. I would like to read the studies that these lawyers found on that kind of diabetes because I havent found those yet. Can you guide me to those?
So yes, Chapatrick, I think you jumped on me for a simple inquiry....
And no, I would not be good at fiction, I prefer facts.
August 4, 2008
11:09 p.m.
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chapatrick writes:
A child has died, wrongfully. Who had access? I believe this jury is going to define this community. A duck is a duck, even in our politically correct world. You can call the duck diabetes, but it's still a duck. Did the mother not know her baby was in a closet without water and food. I wonder where she thought the child was?? There are always circumstances and that is why our trial by jury system is a must. If these perpetrators do not get a fair and factual trial then the child has died in vain. I pray, and I do believe, that God held this child in his hours of this horrible suffering. Starvation and dehydration is a death of horrible suffering! He surely comforted him as none of the people here on earth did. The folks of Colorado and all who view this case must know, if this behavior of these people are allowed you are passing to the next generation a possibility that your grandchildren may succumb to the same. Speak now or revisit. Lawgirl9, I feel I read no more into your comments than the average reader would. We agree on many points. I believe the Social Worker will eventually be done away with, but it will take the inevitable law suit, and it will happen. The therapist in Evergreen that just went to a half way house, post prison, after killing a 10 year old child by suffication in a blanket because the child needed to be rebirthed. What a fricking crock!!! I know there are good social workers, I've worked with them, but I will say they are few and far between. We have to work every day to make our world better that not one more child dies at the hands of evil.
August 4, 2008
11:46 p.m.
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lawgirl9 writes:
Chapatrick, There are many stories on her that I just dont get. Like the guy on death row who is fighting that he is to fat to be executed or the cop who was found not guilty by a jury of his peers of all white jury when he lives in a city that 1 out of every 4 citizens are black. That is a jury of his peers? Some of the stuff are really good stories. Some of it just disgusts me.
August 5, 2008
9:23 a.m.
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HelpKids writes:
Has the prosecutor thought of a motive here. When the tape was released of Chandler saying he was going to kill them if they didn't give him AND Dominic something to drink on April 28th. Then he died May 6th of starvation and dehydration. I have a terrible feeling they kept him in there between April 28th and May 6th as punishment.
And what is with Phillips family? Did they seriously think a 6-year old GAVE himself a black eye? And they stood there and let him not have Easter dinner and be shunned away from the family.
It truly makes me sad that Chandler felt nobody loved him. I have to believe that in those last days, God was there for him.
August 5, 2008
9:52 a.m.
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pietrojoe writes:
I don't believe in the death penalty, but this case certainly makes me re-think that position. What a waste.
August 5, 2008
10:14 a.m.
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fiesty writes:
Everyone keeps saying that Phillips isn't facing the death penalty? How do you know? I don't see that anywhere. And if he isn't, what the heck is the justification? Due to the horrible cruelty, this case calls for the death penalty like no other!
August 5, 2008
10:24 a.m.
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HelpKids writes:
Lawgirl9- Sarah Berry is on trial after this one an is also up for 1st degree murder. The autoposy on Chandler indicated his pancreas was producing insulin at normal rate contradicting the defense's position that Chandler had misdiagnosed diabetes.
In the latest update, I have never read that Dominic said Chandler had tacos the night before he died??
August 5, 2008
10:35 a.m.
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timeandagain writes:
Release Phillips in a predetermined, public place. Had out forks and butter knives and film it for pay-per-view. Make that the standard punishment for those that commit crimes against children. Use the pay-per-view money to assist the child victims.
Problem solved!!
August 5, 2008
10:39 a.m.
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mtcpsworker writes:
Helpkids,
It was in the Denver Post's update yesterday,
"The young boy contradicted other witnesses by saying he and Chandler ate tacos the night before Chandler died while his parents ate oatmeal. Other witnesses, including their grandparents, testified earlier in the day that Chandler often was forced to eat oatmeal as punishment. At a family Easter dinner, Chandler ate oatmeal as punishment while the rest of the family, including an aunt, uncle and cousins, ate roast pork."
From the taped interviews by the detective with Dominic after Chandler died. That is why the defense stated in their opening arguements that "Dominic will testify Chandler had food to eat the night before he died". The autopsy ruled it out anyhow, little Dominic was probably confused by dates, times.
When the prosecution took this case on they had to decide if it was a death penalty case. They chose to pursue 1st degree murder charges, the maximum penalty being life in prison. This is not a death penalty case. Unfortunately!!!!
August 5, 2008
10:48 a.m.
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HelpKids writes:
Life in prison, when those scums get to EAT three meals a day and DRINK on our tax dollars when they deprived Chandler of that.
I have a feeling the inmates alone will help those two come to justice.
August 5, 2008
12:39 p.m.
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mrNiceGuy writes:
I don't buy the diabetes story (especially since he was diagnosed with the disease by a couple of people who work(ed) at Chilis), however, even if this poor baby died of diabetes, this couple is responsible for his death. If you think your child has diabetes, and refuses to eat, is dehydrated and having breathing problems, take him to the doctor. Isn't that similar to what that Midyette (sp.) beast is going to trial for? So, either way, guilty!!!
August 5, 2008
1:05 p.m.
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mrNiceGuy writes:
I didn't read the posts earlier, but I managed to make my way through them. Everyone wants to know what can we do to change the system so this doesn't happen. There are comments about contacting our local congressman, etc.
Really, I think that the way to stop these things from happening is in the hands of us as individuals. The system does not have the power to see each of us as individuals, unfortunately we are all just a number. However, the teacher did what we all need to do and that is confront these situations. So the teacher called, then what? What would have happened if the grandparents, family, friends, other teachers, babysitter, neighbor etc. all took the initiative to demand an inquiry?
In all these cases, it seems that most people that are immediately available to help these children just turn a blind eye, then act surprised when the incidents escalate into something like this. Neighbors don't get to know neighborhood kids anymore, they aviod them. Teachers are unclear of the when to report something that may just be suspicion. Family members and friend stay out of other's business so they don't cause tension. Then BOOM!
I have kids. I take my kids nearly everywhere I go. I can't tell you how many times they have been knocked by carts and adults don't have the courtesy to apologize. The kids may be in a doorway and instead of an adult saying excuse me, a grown person will shove his way past. People don't love other people's children, until something like this happens, then they cry for the poor baby. Love them while they are alive, be respectful, treat them like people. Don't wait until they are dead to pray for them.
August 5, 2008
1:17 p.m.
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dcolon47 writes:
Bubba and company will be waiting for this guy to arrive, Im sure that there are plans for him.
August 5, 2008
1:26 p.m.
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LetsTalk writes:
To all those wanting to know "where do we start? what do we do?" lawgirl9, there is a very concrete and productive answer - contact the Governor and DEMAND that an Office of the Child Ombudsman be established immediately. I can provide reams of data as to why this is needed and will help, but suffice it to say here that such an office has been called, "the single most effective child welfare reform measure" by someone who has worked in this area for over 20 years. An Office of the Child Ombudsman (OOCO) would provide INDEPENDENT oversight of Child Welfare, including an emergency hotline number for people to call, (such as Chandler's school teacher) when a child is falling through the cracks.
August 5, 2008
2:42 p.m.
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Scott writes:
So Phillip's prostitute STILL won't let go of the "diabetes" bull. Oh, that's right, the apologists for the pathological liars (lawyers) will go on and on saying how this is covered in the Constitution. O.K. show me where the U.S. Constitution says that the prostitutes are to lie in court to try and get scum off. FOR CRIPES SAKES! The medical examiner already testified that Chandler did NOT have diabetes.
ABA motto should be:
Truth. If it is convenient.
Justice. You've got to be kidding.
But WIN damnit WIN!
Scott
August 5, 2008
3:23 p.m.
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buffsblg writes:
Scott
Just to point out your ignorance once again, the defense has not gotten to put on their case yet, so any medical testimony they may have, you would not have heard about yet. Once again, you make personal attacks on people you do not know on facts you cannot know. We all know you hate lawyers, and to be blunt your rants add nothing to any discussion and bore those who want to discuss the case. Take your meds and go away.
August 5, 2008
3:28 p.m.
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buffsblg writes:
This is not a death penalty case, as the prosecution has to announce that well before this time. Generally the death penalty is reserved in this state for deliberate murder and that may be the hang up here. It is likely that the prosecution was concerned that they could not prove that the death was the deliberate intention of Phillips and Berry. The way the charges are formulated now, the jury could believe that Phillips or Berry did not mean to kill the child, but that their actions were either with extreme indifference to the welfare of the child, were reckless or were negligent. Each finding would have a different range of penalties. This way the prosecution is covered. If they sought the death penalty, they would have faced a much longer and more difficult and expensive trial where the likelihood of success might have been lower.
August 5, 2008
3:40 p.m.
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SeekKnowledge writes:
Buffsblg, thanks for the helpful info and lending to an informed discussion. I'm hoping you might know a little more, too. I was under the impression that the qualifications for 1st degree murder of a child were slightly different than murder of an adult, such that intent isn't required when a child is the victim (as it is when an adult is the victim); all that is required for first degree murder of a child is knowing that the act(s) will result in the death. Is that true? (Apologies if wording is confusing.) If so, can you offer any insight as to how that might play out in this case with the various charges?
August 5, 2008
4:01 p.m.
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HelpKids writes:
I still believe the motive here was when Chandler said he would kill them for something to drink. The expert that just testified stated Chandler stopped growing five days if not weeks before his death. April 28th to May 6th, that's nine days and I bet they left him in there for that long.
When the detective testified and said there was a security camera mounted on the apartment wall to see if there was anyone walking to or from the linen closet. Was there anything on that tape? No one has talked about this, am I right?
August 5, 2008
4:20 p.m.
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buffsblg writes:
Seekknowledge
You are correct that there is a lower standard for 1st degree murder for a child under 12 when the person accused was in a "position of trust with respect to the victim." (that would certainly apply here) In those cases, the prosecution has to prove that the defendant acted "knowingly" rather than with deliberation, a somewhat lower standard. In contrast "knowingly" killing an adult is 2nd degree murder a class 2 felony. First degree murder is a class 1 felony punishable by life without parole.
In addition, there is a separate statute on child abuse that provides for essentially increased penalties and slightly decreased mental state standards for the death of a child. For example, recklessly causing the death of a child is a class two felony (up to 48 years), while recklessly causing the death of an adult is a class four penalty (up to 16 years) .
The news stories are not totally clear about all the charges facing Phillips so it is hard to weigh what he may get if convicted. I also do not know if the medical evidence (if any) presented by the defense will be convincing. This seems like a strong case for at least reckless child abuse resulting in death (48 years), but potentially more. For any conviction of child abuse resulting in death the judge will nail this guy. My guess is that this guy will never see freedom again, unless the medical evidence by the defense is really really good.
August 5, 2008
4:24 p.m.
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SeekKnowledge writes:
Thanks for your expertise! It is helpful.
August 5, 2008
4:35 p.m.
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annie143 writes:
I found this on another website and it was supposed to be from a lawyers website. Not that anyone reads these things, they just post to each other, JMO.
"Murder is defined by degree and categorized under different classifications. Murder falls under the jurisdiction of state laws, and laws vary from state to state.
Colorado statutes set stiff penalties for first degree murder, with the minimum sentence of life in prison without parole and the maximum sentence of the death penalty.
Some classifications for murder in Colorado:
First degree murder – is deliberate and pre-meditated killing of another person. There must be a deliberation to kill. Deliberation is explained in Colorado statutes as intentional and "after the exercise of reflection and judgment concerning the act."
Acts categorized as first degree murder include the following:
Felony murder – is killing that occurs during the commission of certain felonies. If while committing a violent crime or fleeing from the crime scene, even though unintended, an innocent person is killed, this is felony murder. In felony murder, deliberation or intent to take a life need not be an element of the crime. An accomplice in the crime is held to be just as guilty of felony murder as the person who actually kills the person. Felony murder is classified as murder in the first degree and is an exception to the “deliberation” definition of murder.
Committing perjury that results in the conviction and execution of an innocent person.
Manifesting extreme indifference to human life in general and knowingly putting another person in grave risk of death, which results in his/her death.
Selling controlled substances to children under eighteen on school grounds, resulting in the child’s death.
Knowingly causing death to a child under 12 years old when holding a position of trust and respect to the child.
Murdering a police officer or fireman.
Murder in the first degree is a class one felony. The penalty for a class one felony is life in prison without parole or the death penalty"
August 5, 2008
4:39 p.m.
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lawgirl9 writes:
Ok, so if you were an attorney for Phillips and you just heard the medical testimony from today, would you not feel like your case was just over?
I understand that the defense attorneys have a job to do. I GET THAT AND BELIEVE THAT FULLY.
However, what I dont get is the whole lets try anything to create doubt. And these defense attorneys are grasping at anything they can use to create doubt because that 1 juror may believe Chandler had undiagnosed diabetes. It only takes one.
Is this what they are doing?
Heres my other question today... Does this Jon phillips guy have any expressions. This kid is dead.
And my other comment is, The Phillips house noticed things but did nothing about this because this wasnt Jons kid. Why was he raising this kid? He wasnt theirs to worry about.
To me that is apparent in how the 2 kids were treated differently.
I personally think that will come out in the next trial with this Sara Berry. Dominik was Johns Biological kid but Chandler wasnt. So why do we have to have this kid around.
Thats what I think and there is nothing to dispute that.
The grandmother allows Chandler to be fed oatmeal at Easter. But Dominik "was a good boy" so he got to eat real food. What about easter candy? What about the whole Easter Celebrations for kids? What about an easter basket?
What struck me was Dominiks perception of "Chandler was bad". That he did not want to "get in trouble" for giving him food. When this kid is in High School and figures out that Chandler died of starvation, what is going to happen to this kid?
August 5, 2008
5:22 p.m.
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trouble22 writes:
MTCPS_
Maybe in Dominic's world, he was trying to imagine that Chandler did have tacos because that would have made him happy. Poor little Dominic! How awful for that child to have endured and witnessed what grown-ups did to his brother! Do you think he will EVER trust another one again?
August 5, 2008
5:32 p.m.
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buffsblg writes:
lawgirl9, if another doctor comes on and says that in his expert opinion the child did have diabetes, would you have a different opinion? Remember in the Tim Masters a well respected "expert" testified at length that Masters was guilty and the jury bought it, only to find 10 years later that the whole case was cr*p. It is possible that the jury will believe the ME or the pediatrician, but there may be more to the story than we have heard yet. Yes the defense attorneys are trying to point out that there may be a reasonable doubt, that is what the constitution requires. The jury will have to decide which expert it believes and also decide if it has a doubt based upon all the evidence.
From personal experience all I can say for certain is that there is a lot more going on in that courtroom than the news reports say. For example, yesterday the reporter for the News criticized the defendant for not reacting to the photos of Chandler's body when the pictures were shown to the jury. I later heard from people in the Courtroom that the way the tv is arranged, the defendant cannot even see the photos when they are presented. Once again the allegations here may be horrific and it may be that Phillips is a monster, but anyone who thinks they can judge what is happening based upon news accounts is naive.
August 5, 2008
5:39 p.m.
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chikovid writes:
Lawgirl9,
I knew Jon. When I look at the pictures of him, I see a scared young man. You see no emotion. I think he's trying to remain in control. Maybe that's coming across as unemotional. This whole story has me turned upside-down. How can someone you know do something so horrific?
My boss put it best when he said, 'Ted Bundy had friends too.'
August 5, 2008
5:58 p.m.
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Meredith writes:
Ted Bundy also had a mother. Unfortunately, Chandler's mother liked her drugs more than her children. She disliked the paternal side of the family enough to give Chandler to Phillips. The guilt I feel will never go away yet I was not really in his life. I just want the other adults out there to know that if they really did not want Chandler around why did they not contact us. Tina, her mother, and others knew where we were. Phillips & Berry are completely responsible for this, and yet the other adults that kept him from his father have a terrific responsibility in this also. Chandler's father lost his mind when he found out about Chandler. Even then, the maternal side would not contact him. I have nightmares about how different his life could have been. Phillips should never have had custody of him. Like I said before it only took the news a couple of hours to find my son, the court never looked. Tina sure told who the father was when it was too late. Years of looking and never find took a toll but nothing like the toll this has taken. Over the past year we have put some of the pieces back, and yet there is a huge hole.
I want these people to have a fair trial. I want the defense to put up a fight. I do not want there to be any doubt when these people are sent to hell that that is where they belong. Please have the courts do everything fair and right that way there is no chance of appeal. No chance of them ever getting off. That would be something that would just push us over the edge. I would love an hour with Phillips & Berry. As far as Phillips be scared, he is an adult. He did this. He deserves to rot.
August 5, 2008
7:32 p.m.
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MTN_Frank writes:
The thing I find very odd about this case is that it sounds like Phillips fought in court to gain custody only to stave him?
In my 50 years on the planet I don't think I have ever met anyone who could starve a little child on purpose, yet somehow Phillips and Berry, both baby starvers, lived together under the same roof?
August 5, 2008
8:04 p.m.
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lawgirl9 writes:
Chickovid, I cant believe you knew this guy. And that you would say there were no signs this guy could be this way. Its kind of like when the babysitter testified that Jon would not give the kids food when he came to Old Chicago and she disobeyed him and gave the kids fries anyway.... Dont you think its kind of mean to take a child to a restaurant and then not feed them?
This guy is a creap by all senses of the word. AND THERE WERE CLEAR SIGNS OF THE ABUSE OF CHANDLER.
In my experience, if you lie down with dogs, aka both Sarah and the biological mother, you get up with fleas.
Who puts their kid in the "mean" shower when they are bad? And who tells a story like a child beat himself up. He's a real class act!!! He's sick and demented.
You know when a dog gets demented, we put them to sleep. Somebody should have put this guy to sleep long before he even got the chance to hurt/starve Chandler.
Oh, yeah, that would have been social services and in particular the social worker who walked him back into this house. After clear bruises we seen on this child.
I dont know a 7 year old who would have thought to hurt their own ear.
Is anyone else as OUTRAGED at this social worker as I am.
And
Merideth, I want them to have a fair trial too.
But will these lawyers be questioned later about competency level to say that Chandler had diabetes. Is this Phillips guy defense for an appeal is that he did not have adequate legal representation due to the poor judgement of making this diabetes crap up?
I am concerned that this may be a tactic used by these attorneys to give this guy a chance to appeal. We see how ethical they are.
And there is a difference in giving this guy a defense and totally crossing the line.
And to Buffsbig, I cant believe that our system allows these lawyers to come up with something so out there like that this kid had diabetes. I just cant even fathom getting up in the morning and looking at myself in the mirror after knowing that my client just killed a kid. And having to defend them. No this does not mean that I dont want him to not be represented. It means I personally could NEVER do that job.
August 5, 2008
8:09 p.m.
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lawgirl9 writes:
Merideth,
Even if they were found not guilty in a court room, there is no doubt that these people are going to hell.
As far as prison, the best thing that can happen to society is that Phillips is released into the general population in Canon City. Most of the other inmates dont like baby killers.
Have you heard anything about his jail situation now? Is he in with the general population or is he by himself due to security reasons?
August 5, 2008
8:50 p.m.
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chikovid writes:
Lawgirl9,
I did not say there were no signs. I did not know Sarah. I never met either of the boys. I knew Jon back when he was friends with Darren. That was when Tina was pregnant with Chandler, married to someone else (not her baby's daddy), and living with Darren.
Darren and Tina broke up when she started sleeping with Jon. When Jon and Tina moved to Denver, we didn't see them again.
I saw Jon again a few years ago. He said he was happy to be married and to be a father.
The next I heard of him was on the news over a year ago.
I am as disgusted as everyone else as to the depravity inflicted upon Chandler.
All of the adults in his life let him down.
May they all rot.
August 5, 2008
9:41 p.m.
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lawgirl9 writes:
Who is Darren and I am assumingTina is the biological mother. I dont get your post. But if this girl was sleeping with people that she was not married to and having children with these men, this is also against my moral values. These poor kids never had a chance.
August 6, 2008
7:40 a.m.
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fiesty writes:
lawgirl9- it's obvious you're right, and that the defense is grasping at straws to come up with something. (The public defender probably hates defending this scum too.) I share your concern though- I hope they're not preparing grounds for an appeal based upon "incompetent council".
The defense is shot anyway.
1. Everything in the autopsy contradicts diabetes... normal glucose levels, less than a tsp of urine in the bladder, there was no evidence of diabetes in his kidneys and his pancreas was producing insulin normally.
2. Autopsy showed items non-consistent with diabetes, and indicative of abuse- bed sores, no muscle tissue, emanciated organs, etc.
3. Regarding the cat box argument, tests determined it was human urine, not cat urine, in the closet.
4. Most damning, was the attempts to cover up evidence- throwing out the rubber mattress, fans, etc.
August 6, 2008
9:13 a.m.
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ShadyGrady writes:
Somebody please put this idiot out of our misery.
August 6, 2008
9:19 a.m.
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gs writes:
Keep it wrapped boys! The last thing you need in your life is a fruitcake like Tina.
August 6, 2008
10:27 a.m.
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grandma6 writes:
Meredith, our thoughts and prayers are with you and your family. I think about Chandler often as I worry about my own grandson who it not thriving because of our system.
Logically, you can understand that it wasn't your fault but emotionally, you failed to protect your grandchild. Nothing will ever change that. You will come to some measure of acceptance and use it to enforce change.
Chandler was in God's hand from the minute he was born. There is a reason. We may not know it now but it will come.
I think everyone knows his name. So just mentioning the words "We don't want to see another Chandler" is making a difference. Maybe that is what his mission will be. Chandler seemed to be the straw that broke the camel's back and set off an intensive investigation of human services.
While it is clear that the "parents" were responsibile, there are plenty of adults who have culpability.
Yes the system is flawed!
I like the comments about the Office for Children. The comments about others making calls is great but then what? Who is going to do something? There were calls made in this case! It just escalated the abuse because he was placed back in the home!
Govenor Ritter appointed a committee but we know how those work.
Yes social workers are overworked BUT there are plenty who don't belong where they are! The system needs major changes. Society must DEMAND that there be changes.
Kempe.org has a lot of good information on their website.
Please take the time to read it and help some other Chandler.
Please don't cast blame to the families in most cases. "Where were the grandparents?" Hindsight is 20/20. Ours was in the house across the street and we had no idea she was being neglected and finally physically beaten so bad we don't know why she survived. Hindsight, the neglect was there but we didn't know it for what it was. We are upper middle class, very good people. It is in all walks of life. Drugs and alcohol are not always contributing factors.
Carol Chambers is getting a lot of flack for being so tough on repeat offenders. She is called "The Punisher". I say go for it. Give them everything you can! Maybe we can stop some of this that way. Let their own take care of them.
August 6, 2008
10:39 a.m.
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HelpKids writes:
I can't believe they still hurt him when starving him. They just posted he had cuts and bruises all over his body. I can't understand this and think that is why I am struggling with it. I know we are not suppose to know all the answers but this must have happened for some reason. I can't imagine God would have let this happen to him.
August 6, 2008
10:41 a.m.
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buffsblg writes:
fiesty and lawgirl:
attacking good attorneys based upon inaccurate and incomplete information is simply ignorant. No lawyer sets up the case to be called incompetent (although some cannot help it). After the defendant chose to go to trial (there was not plea offer made in this case, so he had nothing to lose) it is the unwavering job of the defense attorneys to present the best case POSSIBLE. That does not mean it is always a persuasive case but ethical attorneys are limited by the facts.
Yes the prosecution doctors in this case have said the child died of starvation but other medical experts may disagree. (After all, a respected expert testified that Tim Masters was unquestionably guilty and that turned out to be total cr*p) I understand from opening argument that another doctor may be testifying for the defense. In other words, the defense did not just "make this up", but instead have a different doctor with a different opinion. You may not choose to believe that person, but this is not just inventing stuff.
Given that no one on here knows what the defense may be presenting, it seems a bit premature to call good lawyers "incompetent". We also do not and can never know what instructions the defendant may have given his attorneys regarding the defense. Often times the defendant may limit the possible defenses for other reasons. For example, and this is just supposition, Phillips might have ordered the attorneys not to blame his girlfriend and let him take the heat.
Lawgirl, I can understand that you could never do this work and you are free to not. However, to judge those who do when you clearly have no clue what they are like and what they believe in is at best arrogant. You are free to have your own moral standards, I simply object to your willingness to impose those on others.
August 6, 2008
11:09 a.m.
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freedomfighter1 writes:
Buffs
I agree.
Lawgirl
There are problems with the system and not necessarily with the individuals involved.
August 6, 2008
11:33 a.m.
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SeekKnowledge writes:
Thanks, Buff, for your last post. BTW, you are correct, the defense has an expert, a doctor, that will be testifying that, in his opinion, Chandler had ketacidosis.
August 6, 2008
11:35 a.m.
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DeeplySaddened writes:
Boy oh Boy. This story truly gets to me, my eyes have been glued to this computer from the very beginning. I do not understand how you can do something like this to such a helpless young soul. My heart goes out to little Chandler, but I guess I am thankful that he is in Heaven, and has it way better than anyone on Earth now.
Anyways, I agree. Defense attorneys are scum, I do not understand how they sleep at night either. But in reality, we should be thankful for their bogus stories, because it really makes it look like his lawyer is doing his best, and in the end, there will be no grounds for an appeal. So lets laugh at his remarks and attempts, but we all know they will get what it coming to them. And eternity in the pits of Hell.
August 6, 2008
11:38 a.m.
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mytwosense writes:
This story just continues to break my heart, as does each picture of Chandler. The sadness in his eyes is so palpable.
But as difficult as this story is to read, it's a necessary one to be publicized. Clearly, what happened to Chandler is eliciting a huge public outcry - the kind of backlash that spurs real change. Sadly, we can't save Chandler, but we can save other children if we keep our voices amplified together.
August 6, 2008
11:50 a.m.
jlong writes:
(This comment was removed by the site staff.)
August 6, 2008
12:13 p.m.
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dnvrmomof5 writes:
As this story continues iwear on my heart too continues to break even more than the day before. To the paternal family of this precious boy I am so sorry for your loss for both Meredith and your son. I cant even imagine what it is like to be so close to the animal who could do and be so helpless to stand up now for his boy. I have been a foster parent for years and I am very vigilant for all kids that come across me but now every child that is sad will get extra attention and inquiry if I can help. The sadness in his eyes will stay with me forever, I will never forget this story and Chandler your death was an opening of alot of eyes and even more alot of hearts. You are loved baby.
August 6, 2008
12:26 p.m.
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mtcpsworker writes:
Too bad we can't charge Jon and Sarah with intense emotional distress upon a community, and nation. They deserve an extra life sentence for the heartbreak they have brought upon everyone that has been touched by this story. Especially the family and friends, that had the blessing to know this little boy. I know Chandler is at peace, but I don't know if I will ever be.
August 6, 2008
12:32 p.m.
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riosmom6 writes:
Below is a partial definition of cause of ketoacidosis, the alleged "defense" theory. While it advises that diabetes is a cause, it also states that is is found in people who are starving to death. I certainly hope the prosecution points this fact out to the jury. RIP Chandler. We are all so sorry for your fate.
"This is most common in untreated type 1 diabetes mellitus, when the liver breaks down fat and proteins in response to a perceived need for respiratory substrate. It can also occur with people undergoing hunger strikes, fasting over 3 days, or people starving to death as the body is forced to break down fat for sustenance due to their lack of outside nutrition."
August 6, 2008
12:38 p.m.
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olsonmt writes:
Every single day there seems to be a story of someone in this country killing a child. This story is especially terrifying. I am appalled. Vengence is near the top in a list of sins, but all I can think of is vengence with every new excruciating abhorent detail. I could flip the switch on this guy. Heck, I'd probably even "forget" to wet the sponge. I know we use lethal injection but those who have seen the Green Mile get my reference. If this is a death penatly case (which it is not) I don't know what is; there is a legal definition and then there is a logical definition.
August 6, 2008
1:01 p.m.
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Scott writes:
olsonmt,
I vote for lethal injection. Except you just hit this scum with the potassium chloride. It stops its heart while it is still conscious. Supposedly it is an horrible way to die. While their at it, juice the defense prostitute too!
Scott
August 6, 2008
1:20 p.m.
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fiesty writes:
mytwosense - do you really think anything will change? I'd love to think so, but I really don't think anything will. Oh, we might get some inquiry into DHS, and some superficial procedural changes, but nothing that will really help prevent something like this from happening again. So sad.
August 6, 2008
1:27 p.m.
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annie143 writes:
I do not understand why the CPS worker who returned Chandler to Jon PHillips is not being charged for deralection of duty. Is not an ear injury a red flag ? Unbelievable. I am not in the courtroom but I saw no emotion at all on the taped interview of her testimony. Someone said she will probably get a pat on the back, a raise and get to keep her job. I agree with that for several reasons.
The mother has the ultimate responsibility for this tragedy and then the family that enabled her in her erratic behavior. Everyone says how much they loved Chandler but did anyone REALLY go out of their way to see that he was being cared for or finding out something about those children ? And then to not even identify the father, that isn't right. I know what I would have done because I have been involved with a child abuse case in my own family. It wasn't shoved behind a door and ignored. I was on the phone every day or writing letters or trying to find out the welfare of the child.
And the guardian ad litem that placed Chandler with Jon Phillips ? What about that person ? Do they just get to do this with another child and place them at risk ?
Then there are the parents and family of Jon Phillips. Cut me a break. My own kids have had their ears pinned back when I saw one of my grandchildren being overly disciplined and I have taken others to task, as well, over children not even my own. They make me sick. I hope they suffer.
Jon Phillips, a good boy according to his mother, and Sarah Berry are the murderers. This should have been a death penalty case and I can understand why it was not brought as such. But what an opportunity to show the world that we would not tolerate this kind of blatant abuse of our most innocent and precious resources.
We dont know the whole story about the bio father. I would have thought he would have gotten any kind of job and paid for his sons gravestone if he was so devastated. That would have been a wonderful act of fatherly love.
I have had my say.
August 6, 2008
1:30 p.m.
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annie143 writes:
I posted earlier the definitions of first degree murder in Colorado. I would have thought this would have been a perfect case with what they had. I would love to know the prosecution reasoning. Although after the verdict in the recent Barea (?) case, I am not surprised.
August 6, 2008
1:43 p.m.
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riverrafter writes:
Scott, you just love the words "prostitute" and "brothel". you seem like an intelligent person- couldn't you make your point without all of the childish name calling? I for one would take you more seriously if you communicated your point without stooping to allegory. Grow up for goodness sake.
August 6, 2008
1:50 p.m.
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Meredith writes:
annie143
Again someone who does not know the story but sits in judgement. Because of circumstances that have come about since Chandler died, my son has been tied up in court in Jefferson County. I have been to court with him 7 times for something that he was accused of yet he was no where around when the problem happened. My son worked up until June 2007 when he had a breakdown. Since that time he has been actively looking for a job. Because of this open court case in Jefferson county, he has been turned down by many companies. Even Wal-Mart. That case has finally been dismissed a week ago. He needs security clearances to do his job. No one would hire him because of this open court case. Jefferson County really put him through hell.
As far as a headstone, again, you do not know the story. There have been offers of purchasing a headstone, and yet the maternal side disagrees with having my son's last name on the stone. I have found that things have finally been settled and a stone has been ordered.
Please just ask, don't judge. Unless you have been through this you cannot possibly know all the nuances of this problem.
August 6, 2008
2 p.m.
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BigSky182 writes:
I keep trying to post here... and the words simply escape me. I have been in tears at least once every day over this story since it happened. I think I am angriest over the feeling of utter helplessness that I am left with after reading the story.
I want so badly to reach out and comfort and protect Chandler... but it's too late. I have a 7 year old son of my own... I cannot quite comprehend what this animal has done.
August 6, 2008
2:05 p.m.
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fiesty writes:
I still want to know WHY the death penalty was taken off the table as an option. The evidence seems so clear-cut here, that they could have won easily. So why??
August 6, 2008
2:17 p.m.
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grandma6 writes:
Meredith,
I can certainly understand the mental breakdown your son has suffered and the ringer he has been put through. The system and everyone else has to place blame. They need a target to deflect from what THEY failed to do. Your good name is trashed right along with them.
I hope your son can move forward from this.
Good luck
August 6, 2008
2:20 p.m.
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Mr_Hyde writes:
BigSky,
I couldnt agree more........The words have completely escaped me. I have been following this very closely even though it hurts to read about it. I have a 7 year old and a 3 year old and you cant help but to imagine your own kids in a situation like this..... It rips my heart out what these people did to this innocent little boy...I for one appreciate your post
August 6, 2008
2:25 p.m.
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annie143 writes:
Meredith, I made one comment about your son and I stand by it. I have some sympathy for him and I read his posts on a previous thread and, again, I still stick by what I said. I know from his own statements there were problems. I also have followed this case from the day it happened and I have spoken with people who knew all the parties involved and NO ONE is blameless.
I do know quite a bit about the headstone, I contributed a decent amount towards the costs and I have limited means of income AND I have kept up a steady barrage of emails to the local newspapers etc as to why something could not be done for his
child. I even emailed or called the cemetary director and the monument maker, just trying to keep this childs name in the forefront of the news and peoples minds.
I do not know why the bio mother had such animosity towards the bio father or the family and I doubt I will ever know. There must be some reason and we have only heard your side of it.
I feel for you and your son but I feel more for Chandler and wish I could have done more to honor his life and atone for our lack of vigilance or for me not fighting harder to make abusive parents more accountable.
August 6, 2008
2:47 p.m.
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riverrafter writes:
Annie, it must be a wonderful feeling to be so sure of your convictions. You aren't a member of the family and living vicariously through news stories doesn't make you one. Of course you are concerned and saddened- we all are. Just remember that you aren't in Meredith's shoes or her son's so your opinion is just that- an opinion. Your comments are hurtful, considering you don't have all of the facts and are not likely to ever know them. I'm sure that you wouldn't intentionally cause someone pain who already is living it- every day. Be charitable, be kind- and hope that someday your life won't be held up to this kind of scrutiny, ever.
August 6, 2008
2:55 p.m.
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grandma6 writes:
Very well put riverrafter. What is the saying about walking a mile in your shoes? Hindsight is 20/20
August 6, 2008
3:08 p.m.
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annie143 writes:
The bulk of my post was about various other parties in this case and originally one brief statement about why the bio father didnt get a job, any job and, pay for his sons tombstone.
I do know more about this case than what you think, not just the newspapers. I have walked a mile in an abuse case.
In earlier posts I have extended my sympathy and condolences to Meridith and the family.
No one is blameless in this tragedy, I resent someone trying to make it sound so.
August 6, 2008
3:11 p.m.
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fiesty writes:
riverrafter is right. Meredith and her son deserve our support and sympathy, not accusations they could have done more- hindsight is *always* 20/20. Unless you have dealth with the system firsthand you can NEVER know how aggravating and frustrating it is, with hitting a wall constantly.
They are suffering enough; Chandler's pain is finally over, but their's has just begun. Respect it.
August 6, 2008
3:14 p.m.
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Meredith writes:
Thank you riverrafter. Annie, I do not mean to critize you. That was never my intent. I just know the way things really are. I also know most of the people I have had many dealings with them. I never said we were not guilty. I am just not sure where else I was supposed to go to protect Chandler. I looked for so long and then I failed. Chandler paid the price. I have my own opinions on who else should be on trial. Believe me it is not just Phillips & Berry.
My son definately let Chandler down. He became complacent and I did when we could not find Tina and Chandler. There is a lot of blame to go around.
You may have read some things my son said but you do not know him. You do not know how this affected him. The horrifying guilt he will carry for the rest of his life.
I appreciate all the support that I have received. Most people have been kind when I feel I should be responsible. I would never want someone else to go through this. Never at any time.
August 6, 2008
3:17 p.m.
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riverrafter writes:
Do you think they don't feel regret and remorse? Why would you want to cause additional pain? Nothing you or I can say will change the pain and guilt I am sure they are feeling every day. I assure you, they don't feel blameless. No human who was in contact with this family, even in the most casual way, could possibly feel blameless. it would be more constructive to focus on change, starting with yourself, to make sure that you do everything in your power to keep it from happening to someone else. Finger ponting is destructive and serves no purpose except to make the pointer feel powerful.
August 6, 2008
3:50 p.m.
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fiesty writes:
Just when I thought this case was bad enough... did you see on CNN where a sex ring, including children as young as 5, were given Vicodin to get them to perform on stage? I want to be sick...
http://www.cnn.com/2008/CRIME/08/06/s...
August 6, 2008
3:58 p.m.
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buffsblg writes:
feisty
I know you feel this is straightforward, but while the evidence of death by the actions of the parents does seem strong, the evidence that they INTENDED to kill the child seems to be lacking. Colorado juries have historically been reluctant to render the death penalty where they could not find beyond any doubt that the defendant meant to kill. I understand that you just want the right to shoot the guy (and the always hysterical Scott wants to kill his lawyers as well) but juries are much more careful than people who post on message boards.
August 6, 2008
4:03 p.m.
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annie143 writes:
You know, riverrafter, you are taking a lot upon yourself in knowing who I am or what I should do about myself. You do not know the extent of my involvement with either, the family or, with abused and neglected children in general. So, dont even go there without just simply wanting to put in your two cents worth.
If Meridith were not posting on this forum, more would have been said about the bio fathers or the familys "blame" or complicity in this tragedy.
The bio mothers family doesnt say much about what happened or defend their position on public boards. I have to kind of admire that, as there is a certain amount of dignity, at last, to that. They havent come forward and said why the bio mother did not want the fathers name on the bc or the tombstone. Is there something the public doesnt know about ? May be. I dont know nor will I ask.
I made a simple statement about the bio father. I did not accuse him of murder. I did not accuse him of not loving the child. I did not accuse him of anything but made a simple statement. Let the grandmother speak for herself if she so chooses.
And, as to those that keep saying "a mile in my shoes", I have experienced more tragedy in my life than you can imagine (murder, incest, child abuse, suicide) so dont even go there.
Try reading the actual posts sometime. I have found that a lot of the time on a board, people often jump in that havent understood yet that reading is an art.
My last word on the subject.
August 6, 2008
4:13 p.m.
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Meredith writes:
Annie I am truly sorry for all that you have been through. I really hope that people are not sugar coating things for me. I do know what happened. I do know that the mother's family sent Chandler back to Phillips. They are saying nothing now because they have a great responsibility here. I raised 4 children by myself. Tina could have had lots of help. Drugs do terrible things to people. Honestly, I have more of a problem with Tina's mother than with her. Her mother made Chandler go back. Even though he told her he was being hurt.
I am sorry if I hurt your feelings. I did not mean to. I have never responded on a blog before so this is new to me. Being the mother I am, I tend to defend my own. You see I know all we did.
August 6, 2008
4:31 p.m.
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annie143 writes:
buffsbig, are you a lawyer ? You are very conversant on the law and I appreciate that as we are all left wondering how a childs life could go so badly wrong and what can be done about it.
Earlier, I had posted the law in Colorado for first degree and it said "Knowingly causing the death of a child under 12 years old when holding a position of trust and respect to the child". Is that correct ?
What else was Jon Phillips hoping to accomplish when he kept withholding food and water from Chandler ?
Even if Chandler did die of diabetes, wouldn't Jon still be liable ?
I am not an attorney so it is hard to grasp some of it and let the emotion go.
There was a good explanation on the blog that the lady has on Fox News that talks about what the defense may be trying to do.
Thanks for any info.
August 6, 2008
4:53 p.m.
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buffsblg writes:
annie
Yes I am an attorney. I have been a criminal lawyer on both sides and have 15 years experience in child protection, most of it representing kids or the County. I understand this is an emotional case for many and I am not immune to that either. I do believe in letting the system work and I have some faith in it.
You are correct about the statement of the law. However, knowingly is a higher standard that "recklessly." If, for example, Phillips should have know Chandler was ill and did not get him treatment, that would likely be reckless behavior, not "knowing". Knowingly means acting in such a way that the result was practically certain.
Hypothetically, the jury could find that Phillips did not mean to kill Chandler but was in some delusional or misguided way, trying to discipline him. I am not saying they will, only that it is possible. However, even if they find that his behavior was "reckless" he would face up to 48 years and likely get most of that. I agree that the defense is probably at most thinking of getting a lesser verdict, unless their doctor is very very convincing.
However, even if Phillips is convicted of 1st degree murder, that does not mean the death penalty is appropriate. Juries take the death penalty very seriously and even if there are enough facts to find a defendant guilty, still stop short of death. For example, two juries (one state and one Federal) just refused the death penalty in separate prison murders even where the defendants had significant prior criminal histories and in the Federal case, where there was a videotape of part of the crime.
Here Phillips has no serious record and I have not seen clear evidence that leads me to the belief that they deliberately killed this child (I understand others disagree). I think that the lack of such evidence is why the death penalty was not considered.
I do not have time today to detail all the terrible mistakes made by various authorities that helped lead to this terrible state of affairs. You should read the state report on the death for some facts, but my short opinion is that overworked, underpaid and poorly trained caseworkers in at least three counties were so busy trying to shuffle this kid off their case load that they missed what in hindsight should have been obvious signs of abuse and neglect. More money, more caseworkers, more training would all help. Having officials that cared more about kids and worried less about budgets and bureaucracy would also be a plus. I know that there are people in the system who really care, but they get overwhelmed by the garbage they have to deal with everyday.
August 6, 2008
5:09 p.m.
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HelpKids writes:
Buffsblg- do you know if there was anything found on that security tape that was mounted on the wall that monitored the linen closet and kitchen?
Also, do you think Sarah Berry's message to Phillips about Chandler wanting to kill them if they did not give him and Dominic something to drink is enough to prove intent?
Chandler died nine days after that message was left.
August 6, 2008
5:24 p.m.
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buffsblg writes:
i have not heard anything about the tape, and my guess is that if there was anything, we would have heard it by now.
I agree the phone message is strong evidence that the child was in the closet, but not that it proves intent. Remember, there is evidence that Chandler was out of the closet in between the time of the message and the time of death and was at least allowed to eat something. Certainly I am not justifying any of the father's actions, but that is still some evidence that they did not mean to kill him. Also, they did call the ambulance when he stopped breathing, which may mean they were surprised. If they intended to kill, why not at least try to hide the body? Also if they wanted him dead, starvation is a slow and stupid way to do it. I think some very very sick thought process was going on and that in some way they believed that this was discipline, not torture. but that is just my two cents based upon the media stories. I trust the jury more, as they are hearing every thing.
August 6, 2008
5:39 p.m.
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annie143 writes:
thanks, buffsbig, for your time and explanations. To me, it seems so simple but thank God, I am not on the jury, I guess. What in your opinion would be clear evidence of intent to murder ?
I have read many times the States inquiry into Chandlers death and only minutes ago started to post the link to the official inquiry but, then, wasnt sure it was acceptable. It is linked on the Denver Post. So many people have questions and I thought it might answer some of those for people.
I have followed this tragedy from the first day and have spoken to many people intimately involved with the case. My main focus is how can it be prevented from happening again ? We cant save them all but we have to do better than this.
Do you think there should be any charges for any oversight on the part of the State ? Or can not that happen ?
Thank you for taking the time to respond.
August 6, 2008
5:45 p.m.
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annie143 writes:
See, I thought that was refuted by testimony that there wasnt any evidence of food or water in his stomach or kidneys or whatever. So how did he eat or drink ? And, even though Dominick said they ate tacos, there was no forensic evidence.
And the calling of the ambulance...what else were they going to do ? How would they explain to family what had happened to the body, to Chandler. And then they had Dominick there who told everything. They are sick, sick. Is disciplining a child to death acceptable for murder ? I guess I am not smart enough to understand. And then we will send and unacceptable number of innocent people to prison for life or to the gas chamber.
I will quit posting. I guess my anger is getting the best of me today. I had to take a break from over a year of this, recently, because I could not listen to the trial info.
August 6, 2008
6:11 p.m.
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trouble22 writes:
Annie,
You really needed to know Josh, the biological father, before you judged him. This man is the kindest person I have ever met and as far as "paying for his headstone as a fatherly gesture" he had been trying to figure out why he was never allowed to be the daddy of this boy when he was ALIVE and was totally blindsided by his death! As Meredith said, he lost his mind! I am so sorry to hear that you have been through so much but please try to be more careful with your statements and consider how it makes the family of Josh feel.
August 6, 2008
7:46 p.m.
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annie143 writes:
trouble, Josh may be a wonderful young man. I made a simple statement. I have asked it before and never got the blow back that I am getting now. But, his mother wasnt posting either.
I am glad she is posting. We all love our children and want to defend them, just as Ms. Phillips defended her son Jon and said he was a "good boy".
But I was a little taken aback when Josh gained paternity and then filed a suit against CPS, all three counties and the State, I believe. I think I would have let Tina file and then sued her in civil court for wrongful death or some such. She is the one that kept Josh from his child. I have a thing about lawsuits. I had a beautiful little girl that died when she was four, profoundly disabled. A beautiful, beautiful child. We had an almost open and shut case for doctor malfeasance but, we didnt take it up. We took care of her as best as we could while we had her and when she passed on, we were grateful for the time we had with her and glad that her suffering was over.
I was reared that you soldier on with life and you take care of your own.
I told you, my last word on this subject and this time, I do mean it.
August 7, 2008
12:38 a.m.
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mrfxx writes:
So ou8one2 - the folks who vote for liberal politicians and believe in Roe v Wade are responsible, but the "good Christians" who believe in "spare the rod and spoil the child" who have taught others that beating children (sometimes to death) are not? (Frankly, being aborted would have been more humane for Chandler.) By the way - I have yet to hear any liberal or any moderate for that matter say ANY child deserves this kind of death - and everyone I have spoke to, regardless of political beliefs is absolutely appalled by this. I can live with a complaint that in this country we have allowed fathers to walk away from their responsibility to their children, but that started just after WWII - it's not a recent event, so how do we turn back that clock? By the way - I believe that is precisely what many so-called good Republicans have done when they entered into their 2nd marriages with their trophy wives, but since they are self-professed good Christians, I am sure they didn't mean to.
For those of you who want to blame the extended family - even Phillips' parents hadn't seen Chandler for about a month, when they admit he was being punished (with food and companionship being withheld - and I have yet to hear that they chose to cross their son who was - to quote them "normally a good father" - to protect this child who was not related to them in any way). There is some validity in wanting to put some blame the unfit mother; however, the child did not die of neglect or abuse under her care. (While I believe that drug addicts shouldn't be allowed to procreate, apparently even her bad parenting skills were better than those of the couple granted custody.) As far as the biological grandmother - she had requested custody, but apparently child services determined that the fact that she didn't own a car outweighed her "blood ties" to Chandler (that was from an early interview with her) - and no provisions were made by social services for her to be able to have contact with Chandler; she also claimed that she was kept from seeing Chandler. I haven't read anywhere that the father was ever in Chandler's life, but I also haven't read that was entirely his choice. I haven't read that there were aunt/uncles who had a choice to be in the boy's life either - so how are they responsible? I can live with complaints about social services letting this fall off the radar, but blaming folks who weren't allowed access to Chandler is vicious.
The bottom line is that the custodial adults at best neglected his health to the point that he died; and at worst tortured him to death by lack of food and water and keeping him in a small dark closet and not letting him out to use the bathroom as needed and keeping him from human contact (something virtually everyone, especially a child, needs). Either case meets my criteria for life in prison without the possibility of parole - at the very least.
August 7, 2008
6:34 a.m.
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grandma6 writes:
Based on personal experience, it is VERY believable that the extended family was NOT ALLOWED to see Chandler. There are some social workers that do not think grandparents should be raising the kids and go out of their way to make sure it doesn't happen! Personal experience. With a lot of time, money and effort we perservered but it was a heck of a fight!
I'm not condoning the birth mother at all but in the testimony it is noted that she took him to the doctor several times. Which is more than the guardians did. Mrfxx you made some very good points. Thanks
August 7, 2008
8:49 a.m.
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mtcpsworker writes:
I think that the testimony stating Chandler had said he was in trouble because "nobody loved him", could weigh very heavily on the jury's mind when deciding intent to kill. Children are very insightful, and pick up on things that many do not think they would. And.... common sense says, you don't give a human, animal etc. food or water for an extended period of time, they will die.
August 7, 2008
8:56 a.m.
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buffsblg writes:
annie, first of all I understand your anger and that of others on this board and I am in no way trying to minimize or justify any of the actions. I am only speaking about the narrow issue of deliberate intent to kill. Proof of Intent can come from words: " I am going to kill you" or deeds i.e. lying in wait with a weapon, or evidence of a plan i.e. buying weapon, arranging an alibi etc. . I see none of these here. As to what to do but call the ambulance, look at the case of Aarone Thompson, whose body is still missing. The cover up here was half a**ed at best and if they truly wanted Chandler dead, why take the time and trouble to starve him? That is a really hard way to kill someone.
Again, disciplining a child to death is no excuse or justification and some one who does that deserves a long time in prison. However, our society has always saved its ultimate punishments for those that consciously and deliberately kill and I do not believe that this case, as terrible as it is, meets that standard. I have sat in rooms with people who have done things almost this terrible to kids and you cannot and would not believe the thought processes that they use to justify their actions. What you and I would find horrific they do not even see as "wrong" often because that was what they were taught when they were kids. Again that is not and cannot be an excuse or defense, but it is different from intentional murder. I just cannot put Phillips, if guilty, on the same level as Ted Bundy or John Gacy or even Nathan Dunlap who planned plotted and committed multiple murders.
August 7, 2008
9 a.m.
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davies writes:
I'll just jump in here with my opinion on the legal issue of whether or not the two stepparents 'knowingly' caused Chandler's death. The apparent lack of any plan to dispose of the body or otherwise cover up the death tends to support buffsblg's hunch that their actions may be determined to have recklessly caused the death, rather than to 'knowingly' have done so. They tried to cover up evidence of the abuse, but not the death, and even these efforts seem poorly conceived.
But 48 years is a long time, and I believe they do get newspapers in prison and many of their future neighbors are likely to know the circumstances of their crime, so I think their punishment will certainly be substantial in the end.
August 7, 2008
9:43 a.m.
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Enough writes:
Then we as citizens need to help change the laws against children!!!! Colorado does not have Jessicas law in effect either and we are only 1 of a few states that have not put this law into effect. This is insane that they didn't KNOWINGLY murder this innocent child. They know food and water is a must to survive, so the law and how it reads in WRONG and needs to be changed!!!!!!!
August 7, 2008
9:49 a.m.
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4gColoNative writes:
Isn't there a "reasonable person" test for the Knowing aspect. Can't a reasonable person know that starving a 7-yr old child to the weight of a 3 yr-old could likely cause death? That reducing a child to literally skin and bones jeopardizes life?
August 7, 2008
9:53 a.m.
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riverrafter writes:
Annie, I have no doubt that you have felt pain. it's also apparent you have some anger issues. All I ask is for you to THINK before you post, because your words affect people. If you don't like me telling you so, too bad. there's enough ugliness in the world without more being heaped on. Your own struggles should have taught you that lesson. A kind, helping hand will achieve more than any ugly rant ever could.
August 7, 2008
10:05 a.m.
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HelpKids writes:
We all need to call our Congressman and the Governor Bill Ritter to start making some change in this state. If all of us posting on this blog start doing this and consistently, I have to have faith something will change!!
August 7, 2008
10:11 a.m.
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missmilehi writes:
Annie - I don't think you mean any harm, I think people are coming down a little hard on you. You have questions, just like everyone else. I don't see any malice in your posts, just a person searching for some kind of answers.
I don't think Annie meant any judgement by her posts. Just because some of you happen to claim to know the people close to the case doesn't mean it's ok to jump down her throat because she DOESN'T know. She, like many of us, is just an appalled outsider hoping to understand.
She has said over and over how upset she is about poor Chandler's fate, and how disgusted she is by the situation...and those of you who are telling her what she can and cannot have an opinion on should leave her alone. If the Rocky didn't want feedback from all sides then they wouldn't have this type of forum, and if any of you don't like what she has to say then stop reading.
I too am horrified by this situation. I cannot even begin to fathom someone treating a child like this. I hope that his future room-mates in the pokey are keeping up with the case. I hear child killers are the bottom of the food chain in prison.
August 7, 2008
10:15 a.m.
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mtcpsworker writes:
I completely agree missmilehi!!
August 7, 2008
10:27 a.m.
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grandma6 writes:
It occurs to me seeing them describe him as the "guardian" that there needs to be checks in place. Once you are awarded guardianship, human services is out of the picture. NO ONE is looking over your shoulder any longer. Unless there is a report by teachers, etc.
August 7, 2008
10:42 a.m.
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riverrafter writes:
Missmilehi- I agree. My opinion is simply one of many. I don't think i'm being hard on ANYONE when I ask people to be kind, charitable and considerate. An admirable sentiment, don't you agree?
And in case anyone wonders, I think the John and Sarah are despicable, the lowest of the low. I don't know anyone connected to this case and feel lucky that MY life isn't the one under the microscope. I am appalled and disgusted at what has gone on- and hope that whatever punishment is brought, it is a long slow drawn out slide into misery for both of them. They deserve it.
August 7, 2008
11:07 a.m.
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CONative1975 writes:
Even in the pictures where he's smiling, you can see in his eyes how sad he is.
August 7, 2008
11:12 a.m.
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jlong writes:
The more I see of this case the sicker I get. This guy is the scum of the earth. What did they do, leave him in the closet when they left the house? When he cried out from the closet were they yelling at him to be quiet? What could this poor innocent child have done to ever remotely desreve this. People like Jon and Sarah should be executed in front of a public audience.
August 7, 2008
11:13 a.m.
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StefEvil writes:
RiverRafter,
I have to say that you are certainly one of the lucky ones who aren't affected by this case. Chandler is my nephew and my family has been under the microscope for the past 14 months now. This is a never-ending nightmare and I appreciate all of the support in hoping that these two monsters rot in hell for what they did to my little Binghead.
August 7, 2008
11:22 a.m.
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riverrafter writes:
Stef, Even though I'm not connected, I AM affected. I've been under the microscope and it's a daily trip through hell. So, yes, I feel your pain and understand. I hope that the support you get from people like me helps, even if its just in a small way.
August 7, 2008
11:24 a.m.
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jlong writes:
StefEvil
I am so happy to see that at somepoint that innocent angel had someone that did love and care for him. Everytime I see his picture I just want to cry for him, this terrible act is something that will never leave me. If its not to personal or overstepping boundries I would like to leave flowers for him, but where?
August 7, 2008
11:31 a.m.
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buffsblg writes:
4gcolorado
Yes the knowingly standard is "objective" as to what a reasonable person should have know. It is certainly a legitimate argument that a person should know that denying a child food could result in death. That is why Phillips is facing first degree murder. That charge is actually pretty rare in parental abuse cases, usually they are charged with child abuse resulting in death, which is an easier charge to prove. The prosecutors here choose the highest possible charge, likely for just the reasons you state.
August 7, 2008
12:01 p.m.
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Momofmanywords writes:
Stefevil, pardon me for it may be none of my business and I'm not trying to offend you, but you said that Chandler is your nephew, so where you at this Easter dinner, where they made him sit in a corner by himself and eat oatmeal? Did you get to see him often and didnt you notice the sadness in his eyes? I'm not trying to be rude, but I come from a rough and abusive childhood, and my family members even though they didnt see me everyday, they still noticed there were issues when they did see me and finally stepped in and helped me out of the situation... I'm not pointing fingers or blaming, but I guess I'm not really feeling bad that your family has been under the media limelight for the past year. A lot of people wonder same thing I have, where was the family that did see him and see how sad he was? Unfortunately in a case like this that's a price families have to pay. I dont mean any disrespect, I'm just asking a few things that after reading your posting that were on my mind.
August 7, 2008
12:12 p.m.
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HelpKids writes:
buffsblg, I agree with your postings. I do believe the prosecution went for the most severe charge that was obtainable. Juriors do take the death penalty very seriously and at least these scums are not being charged for anything less than they deserve. In a way I don't want my tax dollars to pay for them to EAT and DRINK but at the same time, knowing they will spend the rest of their life in jail where they will have to suffer, is satisfaction.
StefEvil- I'm sorry for your loss and it does give me comfort too that someone did love him. If it's not too much I would also like to send flowers.
I truly believe that Chandler would not have suffered this much if it was not for a reason. It makes me very upset to hear what happened to him. At the same time, he could have still been in that situation and God took him so he did not suffer anymore.
August 7, 2008
12:18 p.m.
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missmilehi writes:
My heart hurts so much for little Chandler and Dominic!
Dominic is left behind with the memories of all of this happening! I hope he is in a nurturing, safe place now -
I knew a child who was taken away from his mother at 9months because he was malnourished and abused. That child is 19 now, and he STILL has scared, sad eyes. Even though he likely doesn't remember any of it, that experience shaped his life.
I hope and pray that some good comes of this, and that little Dominic can flourish. I also hope that Chandler has found peace.
August 7, 2008
12:23 p.m.
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grandma6 writes:
We have guardianship of our now 3 year old granddaughter who was neglected and then severely physically beaten at 7 months. I worry about just that but choose to spend any time giving her everything we possibly can. So far so good. Hopefully there won't be any lasting impact other than that her mother didn't love her enough to put her first.
August 7, 2008
12:29 p.m.
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HelpKids writes:
I myself too am a caregiver or guardian for my son. I am a young parent and took just about everything I had to get him. Though it was not an abusive situation, he could have grown up with heavy drug and alcohol problems. I knew he deserved better than that.
Not all who are guardians or foster parents are abusive or bad to the children they take care of. Unfortunately, people like Phillips and Berry give us a bad name.
August 7, 2008
12:31 p.m.
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appalledmomof1 writes:
This is my first time posting in this thread. I have been reading everyone's posts from the start. I have to admit I have a little one too and I don't understand how anyone could do what these monsters did to both Chandler and Dominic.
Meredith, may God be with you and your family. StefEvil, you too.
To the others who are laying blame, there is enough of that to go around. Yes CPS was wrong to put those boys back in the house after their last visit, but what choice did they have? The "system" is designed to put the children back with their parents or guardians, and considering how many children in the state are under this system, it's remarkable that more kids aren't killed in their homes. Until we fix the system that allows children through the cracks, we will see more of this (and that is sad).
August 7, 2008
12:36 p.m.
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missmilehi writes:
Ate.Their.Own.VOMIT?!?!
I'm glad this isn't a death penalty case because these two need to be locked in a cell and not allowed to eat, drink, or go to the toilet.
August 7, 2008
12:46 p.m.
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Mr_Hyde writes:
I agree missmilehi. I'm glad its not a death penalty case. I'll gladly spend my tax dollars to have these baby killers in prison for the rest of their lives and have to endure what baby killers endure in prison.....This Phillips guy looks like he'll be somebodys girlfriend in no time.
Death is to good for them. They dont deserve a quick death.
August 7, 2008
12:50 p.m.
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leatherneck writes:
RMN:
NICE HEADLINE!!!
I CAN'T EVEN EAT MY LUNCH NOW!!! JERKS
August 7, 2008
1:09 p.m.
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dnvrmomof5 writes:
Each story I read about Chandler I become more angry, more sick to my stomach than the moment before. Eat their own vomit truly made me sick to my stomach and bring tears to my eyes. I am foster mother of two girls now 15, and 11, as well as 3 of my own. That my girls got away from abuse is a blessing I will always be grateful becuz neglect never goes away. Never!! They were both young girls at the time 6 and 18 months but still til this day the same look of sadness exists. My girls have had a grand life and many blessings as well as a knowledge that through my family the village stood to its most precious members. I can still tell at moments that something is missing and that look of distrust and separation that I can never heal for them completely. That is what that monster has imposed not on just Chandler who is free now but Dominic who will live with this forever. As a young girl I too have a memory of being locked up in a closet for two days by an uncle on summer vacation becuz I let loose some dogs from a pen. Thank goodness my father came to the town my sisters and I were in and found out and issued his own justice to a brother who could do this to one of his own. It is my brightest memory of fear ever. To this day that fear is my biggest one I still live with, adults dont stop to think what you justify will live inside someone forever, Jon sold his integrity to the devil for what- a punishment. Give me a break- this man deserves to fry in the hottest of hells for his choices.!
August 7, 2008
1:12 p.m.
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mtcpsworker writes:
The defense asked if Chandler's brother had ever displayed sexualized behavior. She said, "yes."
What does this have to do with anything??
August 7, 2008
1:19 p.m.
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missmilehi writes:
It makes me even sicker that each picture they post of Jon Phillips shows his chubby face (ugh, did you get breakfast this morning Jon?) is nearly twisted into a smile. He looks like he's on queue for the movies instead on trial.
Disgusting.
August 7, 2008
1:29 p.m.
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missmilehi writes:
They let that baby see his brother die. On top of all the other atrocities, that little Dominick *saw* his brother dying and dead on the couch.
Oh my God.
August 7, 2008
1:34 p.m.
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crabbypants writes:
I think this should be a death penalty case, they KILLED a DEFENSLESS CHILD!!!!!!! This beautiful boy died because the people he completely relied on to give him everything he needed IE WATER and FOOD! Did not do it. DEATH TO THEM! Why let it be OK. It is not! When will we the people get this right. Do upon others what you want done to you. I guess these two want to starve to death! Shame on every person who had contact with this little boy!
August 7, 2008
1:41 p.m.
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Enough writes:
And this is not KNOWINGLY committing MURDER!!! You can sit and watch TV while the paramedics are in route but you don't have a plan for the body so that is not KNOWINGLY???
August 7, 2008
1:43 p.m.
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davies writes:
To those who are thinking of buying flowers, consider also that there are non-profit agencies that advocate for children. Check the Internet, or call United Way and I'm sure they'll refer you to a number of reputable ones. If anything good can come out of this sad case, it may be that the sensational aspect of it will make it very hard for the legislature to ignore calls for reforming the system. Maybe they'll come up with legislation they can call the Chandler Grafner Act to End Child Abuse, or something like that.
August 7, 2008
1:51 p.m.
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Enough writes:
I'm with you davies, all of us who are horrified by the actions of these 2 monsters need to help in any way we can for reform this broken system. I cried at my desk all day yesterday and today is even worse.
August 7, 2008
2:01 p.m.
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gs writes:
From the testimony and the comments this situation suddenly makes sense. It looks like the commentors have never had a child diagnosed as "difficult". I have, three in fact, and I can understand parents driven out of their mind. Mine all survived but with the help of a grandmother that told me what to expect. I'm not condoning what was done in any way but the contrast between what was done and the people that the commentors say they knew somehow makes sense now.
August 7, 2008
2:10 p.m.
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riverrafter writes:
GS, what are you TALKING about? I have a difficult child too, and many's the time I've locked myself in MY bedroom so I wouldn't lose it- yours all "survived"?????
NOTHING can explain this behavior- it's sub human. Worse than evil. I don't know what you're getting at and I don't even want to speculate.
August 7, 2008
2:11 p.m.
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mtcpsworker writes:
I don't care how "difficult" a child is. To torture them the way these two did makes them complete monsters who deserve what they gave this little boy. DFS told them to get Chandler into therapy when they placed Chandler with them. Everyone was aware there were documented behavior concerns re: Chandler. If they would have followed through with appropriate help for him, like they were suppossed to, he wouldn't be dead. Furthermore, if it came to the point they felt they couldn't handle him anymore, they should have picked up the phone, there were plenty of people to call that would've gladly taken Chandler. In my opinion, you are taking on the excuses these people have for what they did, and it is no excuse. There is never enough of an excuse to hurt a child, let alone allow them to starve to death in a closet, soaking in their own feces and urine. For you to say this makes any sense, makes me sick to my stomach. I could never for a moment wrap my mind around any of this, and never will.
August 7, 2008
2:17 p.m.
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BigSky182 writes:
Who on Earth taught this animal how to discipline children? I think the defense would have a much better chance at "not guilty by reason of insanity" than with their ridiculous ketoacidosis crap.
August 7, 2008
2:19 p.m.
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missmilehi writes:
"Difficult" kids are everywhere. Ask any mom. Just because a child is unruly or "difficult" doesn't mean it's ok to withhold food and basic human life necessities.
There is no excuse, no matter how "difficult" a child can be, for punishment to be this extreme. This is not something that happened "in the heat of the moment," he was left this way for days. This was long-term torture.
They saw him. They heard him scream. They smelled that smell. They did nothing but encourage his end. This is pure hate and evil.
August 7, 2008
2:21 p.m.
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jlong writes:
Re:
To those who are thinking of buying flowers, consider also that there are non-profit agencies that advocate for children. Check the Internet, or call United Way and I'm sure they'll refer you to a number of reputable ones. If anything good can come out of this sad case, it may be that the sensational aspect of it will make it very hard for the legislature to ignore calls for reforming the system. Maybe they'll come up with legislation they can call the Chandler Grafner Act to End Child Abuse, or something like that.
I completly agree with you, as a community we need to stand together to prevent a tragedy like this from ever happening again. This was a complete failure of the system supposedly designed to keep children safe. Who's job was it to follow through with this case? That social worker should also be held accountable for what happened to both of those boys, along with the biological mother who was a drug addict and so self absorbed that she allowd her children to be taken away and placed in that monsters care. I honestly think that every person who ever came into contact with those children failed them and ultimately Chandler paid the price for their short commings. That also includes the family members who "didn't notice" or were not aware of the abuse. How did you miss it? I'm sorry but if I were at a family dinner and one of my neice or nephews or cousins were denied a family dinner I would feed them anyway, and have a lot to say about it, since when did denying a child food become an acceptable form of dicipline? Is that a normal practice and I just wasn't aware?
August 7, 2008
2:24 p.m.
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MattGuyver_007 writes:
Jon Phillips is a dead man walking.
August 7, 2008
2:40 p.m.
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gs writes:
Yes, I've locked myself in my room too but not everyone knows to do that. And of course what was done was absolutely wrong in every sense but does that need to be said? But are they monsters? I don't know about that.
August 7, 2008
2:42 p.m.
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mtcpsworker writes:
gs, I hoped you don't have children in your care. You scare me.
August 7, 2008
2:43 p.m.
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riverrafter writes:
I can only go by what has been testified. In my humble opinion, if they did even HALF of what has been testified, they should have all of the skin flayed off their bodies and left in the street to rot. god bless those poor children.
August 7, 2008
2:47 p.m.
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Jackieg218 writes:
gs writes:
But are they monsters? I don't know about that.
Are you for REAL???
August 7, 2008
2:48 p.m.
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HelpKids writes:
The Phillips family are also terrible for allowing their son to treat him like that at a family function. I really don't think it was the first time they have seen their son treat Chandler like that. Plus Chandler had a black eye and Sarah said Chandler did that to himself. WHAT!
The Phillips family is a bunch of wachos and anyone who says they truly loved Chandler in that family is saying that in vein.
Poor Dominic as I think he will need several years of therapy to help him grow up to NOT think this is normal and treat his own kids this way.
Does anyone know if he is in a good home?
August 7, 2008
2:50 p.m.
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riverrafter writes:
Oh, wait a minute, gs, I get it- you're just trying to be controversial. Whew! for a minute there, i thought there was another monster among us...
August 7, 2008
2:51 p.m.
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mtcpsworker writes:
gs, should we demonstrate what happened to Chandler on you, and see if you then feel if we are monsters or not?
August 7, 2008
2:55 p.m.
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HollyGoLightly writes:
I hope the state does not fail Dominic now. The child witnessed a lot of trauma that is going to stick with him the rest of his life. I hope to God someone gives him a loving, stable home and therapy to help him deal with what happened.
August 7, 2008
2:56 p.m.
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mtcpsworker writes:
helpkids, Phillips parents are probably as scared of him as Chandler was.
Chandler is placed with his maternal aunt. I am sure CPS actually checked out the home this time to make sure it is okay, like they should have done with Jon and Sarah and didn't. They are surely double covering there asses now.
August 7, 2008
2:58 p.m.
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mtcpsworker writes:
oops, sorry, I meant Dominick. I wish it were Chandler too.
August 7, 2008
3:01 p.m.
jtriska writes:
(This comment was removed by the site staff.)
August 7, 2008
3:08 p.m.
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StefEvil writes:
I am Chandler's mom's sister. When Jon and Sarah got custody of him and Dominick, they up and disappeared with both of the boys and we lost track of them. Jeffco had promised us that we would still be allowed to have visits and phone calls with the boys after Jon got them, but that never came to fruition due to the fact that the incompetent social worker (who still works there, btw) could not even keep up with them. They both quit their jobs, moved, changed phone numbers, everything. We tried and tried to find them, to no avail. The infamous Easter dinner was spent at the Phillips' house, and none of us were aware since Jon had made such efforts to keep them from us during that time. I can assure all of you reading this that Chandler was a beautiful and special boy that was surrounded by love and happiness until his mom came into some unfortunate circumstances that spun out of control and led to that monster and his b*tch getting my nephews. Until a chance encounter we had with Jon and the boys at the grocery store one night last February, we had not seen them in almost a year thanks to him. Then the next time I saw my Binghead was at his funeral. They broke his beautiful spirit and tore our entire world apart with the evil they invoked. Chandler is resting at Mt Olivet cemetery in Wheatridge and anyone who wants to send flowers can send them to the funeral home there. Dominick is now back in the safe and loving hands of my family, hopefully never to see any of those hideous people again.
August 7, 2008
3:20 p.m.
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iggypuppet writes:
Why is this NOT a death penalty case? The facts sure do scream for it to be.
And I am not even a proponent of the death penalty except in the most heinous cases. This is the most heinous case I have ever seen play out.
August 7, 2008
3:22 p.m.
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mtcpsworker writes:
The defenses first witness is the social worker who is also to blame for Chandler's death. They must have been quite desperate for witnesses!
August 7, 2008
3:30 p.m.
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noreally writes:
For all you law people - is it common practice for the defense to motion for acquittal or did they really think they have a chance for one here?
August 7, 2008
3:33 p.m.
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riverrafter writes:
noreally, it is common practice.
August 7, 2008
3:34 p.m.
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mytwosense writes:
The picture that hurts me the most to look at is the one when Chandler is only five, where they've taken a picture of his injured ear. He still has a baby face with round cheeks - and just looks so vulnerable and trusting.
This picture was taken when there was still a real chance to save him.
I am beginning to believe that the Phillips shouldn't even be called human beings.
August 7, 2008
3:34 p.m.
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missmilehi writes:
Can you imagine even saying those words?
"Uh, yeah, uh so um, we motion for aquittal"
HAHAH! That would be like that scene in Austin Powers where he asks for a bajillion bajillion dollars.
August 7, 2008
3:35 p.m.
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ChellePants writes:
Those two are not parents, guardians or people in my book - they are just EVIL. Anyone know if they are druggies?! You'd think you'd have to be on drugs to do something like this.
I agree with a statement earlier - it makes me sick to my stomach every time I see a picture of Jon's chubby cheeks. I hope both of them live with overwhelming guilt and die an agonizing death. I really hope that both of them get what's coming to them, but I'm sure that Sara B**** won't, cuz she a girl. She is just as much to blame, I'm sure she'll say something like it was all Jon...blah blah...Sara didn't do anything to help that little boy. I just wish that he could have been saved - so sad. Too bad the headlines didn't read 7 year old Kills Guardians to Get a Drink! OMG just very outraged and disgusted about this whole situation! I want to hurt them as much as they hurt both of those little boys
August 7, 2008
3:35 p.m.
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Enough writes:
I Called the DA office yesterday to ask why this was not a death penalty case with tears running down my face. I was told that they had not been in trouble before and the City of Denver does not convict death very often, so the prosecution decided to go for murder 1. This is why the LAWS NEED to be changed for abuse of CHILDREN, so that is not up to the jury to decide death it will be mandatory if you commit horrific crimes against our beloved children!!!! Burn in hell Jon and Sarah
August 7, 2008
3:36 p.m.
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LetsTalk writes:
StefEvil, Meredith, and anyone else personally involved with this case: What could have been done differently in this case that would have prevented this horrible tragedy? I am part of a loose-knit group that has wanted to reform Child Welfare for years, specifically by establishing an Office of the Child Ombudsman.If anyone wants to help, please email Lt. Gov.Barbara O-Brian to agree to talk with me using my blog name of "Let's Talk." Gov. Ritter's Child "Action" Committee is a farce, at best; a smoke screen at worst. Some people in power have a vested interest in keeping things status quo.
Colorado had this same discussion in 2000 due to four child deaths, in 2004 due to a number of deaths, and now due to 13 deaths. Can we please do something different this time so we are not still crying over the same types of cases 5, 10, 20 years from now?
For those of you so sickened by this case, it may sound perverse for me to say that Chandler may be one of the lucky ones. At least he is no longer suffering. His situation unfortunately is not uniquely horrible in the Child Welfare System. Please make his suffering count for something - to help prevent the suffering of others.
Please help me get the publicity/power we need to really change things this time. If you do email Lt. Gov. O'Brian and want to be involved in our efforts, please ask her to give me a copy of your email. (Sorry to have to be so secretive, but I think it's for the best, maybe even mandatory on this site.) Primarily, just remember that Colorado needs to establish an Office of the Child's Ombudsman - which will provide independent oversight to the Child Welfare System. No system can radically reform itself from within.
August 7, 2008
3:38 p.m.
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gs writes:
I could see a basically good person have things spin out of control. Kind of like the adoptive mom up by Greeley that spanked her kid to death with a wooden spoon. Was she a monster? I'd like to see some reason behind some of these comments. "flay the skin off" that would seem cruel and unusual and if you are an American that isn't supposed to be done here or maybe that's wishful thinking on my part. Punishment on conviction is vital of course.
August 7, 2008
3:39 p.m.
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drobi1010 writes:
That poor little boy, it truly breaks my heart he had to endure that horrible abuse. The government needs to do an extremely better job with screening foster parents. It absolutely makes me ill to my stomach. I was in a foster home twice during my youth which was about 15 years ago and both homes were abusive. Verbally and physically. Fortunately I was not in foster care that long and went back to living with my family after counsling. The government and the idiots that work for the government need to start earning their pay and be pro active and pay attention to our children that are in foster care and whom are adopted. My prayers go to those who truly loved Chandler. My prayers also go to his very smart and couragious brother who due to his testimony will most likely help the prosecutors put the murderer in jail and hopefully gets the death penalty. Chandler you sweet little boy, you are with our heavenly father now. You are in a safe place now. Peace to all.
August 7, 2008
3:44 p.m.
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riverrafter writes:
GS, actually "flay the skin off" is wishful thinking on MY part and no less than they deserve. But since this is America, they will spend the rest of their lives wishing they had done differently. And yes, someone that would beat a child to death is a monster.
August 7, 2008
3:46 p.m.
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mtcpsworker writes:
gs: you are worried about adult monsters having their skin flayed off, and call that cruel and unusual?? If you are an American that isn't supposed to be done here, but starving a child to death or beating them to death w/ a wooden spoon is, and is not cruel and unusual?? Seriously, are you under the influence??? You make absolutely no sense. I am tired of your postings.
August 7, 2008
3:49 p.m.
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missmilehi writes:
GS!
Spanking your kid in the heat of the moment full of rage is HARDLY the same as starving them TO DEATH! These people weren't simply angry at Chandler for a moment of misbehavior! They let him die while they went about their daily lives, getting up, going to work, EATING, etc.
No, they're not monsters, they're WORSE.
August 7, 2008
3:52 p.m.
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missmilehi writes:
PS: Spanking someone to death is just as tragic - I was trying to point out that starving someone to death over a matter of time is very much a different means to the same horrific end.
August 7, 2008
3:54 p.m.
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buffsblg writes:
enough, the law you propose would be overturned as unconstitutional by the first judge that looked at it. The Supreme Court has made it clear that only a jury can decide to impose death.
And by the way, if you believe in hell, why do we need the death penalty? If they will suffer for eternity, what matter is a few years in prison before they get there? And if the Christians are correct, whatever their acts, if they repent and accept Jesus, even while the lethal injection is in their veins, then do they not go to heaven?
August 7, 2008
3:56 p.m.
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wow writes:
Stef--
I have refrained from posting, and from crying until now. I had to pop up to say that I am so terribly sorry for your loss and your pain. Every thing else has been said, by pretty much every one. It's too late for poor Chandler, but now Dominick and your family have the attention and support of an entire state full of people at your disposal.
I desperately hope we can make some good come of this.
When you hug Dominick again, add some for all of us.
August 7, 2008
3:57 p.m.
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riverrafter writes:
missmilehi, you are right- they are not the same. I would still think that an adult could pull up and stop before doing serious harm to their child. Of course, all evidence is to the contrary, sadly enough. A moment of rage can change so many lives forever. this was not that "moment of rage". Thanks for clarifying.
August 7, 2008
4:03 p.m.
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missmilehi writes:
They're saying that there were food issues before...ok, well let's see. Christina (the "worse" parent) kept him alive for six years, Jon (the "better" parent) barely one. Hmm.
August 7, 2008
4:04 p.m.
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freedomfighter1 writes:
Good points buff.
August 7, 2008
4:06 p.m.
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drobi1010 writes:
We can talk about this all day. What we need to do is contact Governor Barbara O'Brien ltgovernor.obrien@state.co.us
and plead to her to form an office of the Child's Ombudsman in Colorado. We need an independent oversight to the Child Welfare System. We need to "PROTECT OUR CHILDREN". Let's do something about this for the sake of our beautiful children.
August 7, 2008
4:08 p.m.
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mtcpsworker writes:
food issues!!!! Well yes let's see here, most children do get hungry and want to be fed. Is that a problem, issue???
August 7, 2008
4:09 p.m.
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drobi1010 writes:
Now they're saying Chandler had food issues prior to his placement. Of course the defense is going to say that. It's their job to protect the defendent. We ALL know what happened and sadly we won't know everything that happened to Chandler, except that he's not with us on earth any longer.
August 7, 2008
4:13 p.m.
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HelpKids writes:
StefEvil-Thank you for sharing what you posted. It gives me some comfort that Dominic is in a good home and with family that loves him. Please make sure that he gets all the therapy and love he needs to grow up to be a good man.
Like I've said since I've been posting, I truly believe Chandler saved his brother from a life of abuse. I hope that their REAL mom has changed her ways and realized what role she played in this.
It is very vital that when children are born, there are two names on the birth certificate so things like this do not happen.
God bless you and your family StefEvil
August 7, 2008
4:16 p.m.
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Enough writes:
buffsbig, Thanks for the clarification on the death penalty, I'm so sad for what Chandler had to go through. As for hell I want Jon and Sarah to be put into a closet, no food no water and sit in there until they DIE!!!!!!
August 7, 2008
4:20 p.m.
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drobi1010 writes:
I agree make those two sit in a closet with not food and not water until death.
August 7, 2008
4:22 p.m.
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CDee writes:
Enough,
That's the joy in this situation if you believe in hell, they would sit in the closet with no food or water until they wanted to die, but they couldn't die, it would just go on and on.
August 7, 2008
4:27 p.m.
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missmilehi writes:
Is anyone else curious about what this "fish" is? If it was so gross it made them both vomit, I have to believe it wasn't really fish...
August 7, 2008
4:47 p.m.
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dnvrmomof5 writes:
The social worker will spend the rest of her life in guilt. So sweet of her she cried now but what good does that offer Chandler when he was in the closet begging for food no where to turn no emergency button he could push for help. I agree they waited until they were sure no one was watching and than they turned on him. If he was having behavior issues why not bring the social worker back in for support, ask the extended family on all sides to step in to give him a chance to correct those issues. Maybe he was lonely, missing his mother, wondering where his dad was? But NO---------they stuck him in a closet and told he was a bad boy that hunger was a reason for a "punishment". Told his lil brother- used them against each other to the end that you are good and if you tell on him I'll reward you, help him and your going in the closet too." Little Chandler died thinking he was unloved and a bad boy and Dominic thought his brother was bad as well. Now he is silent now understanding what else when his brother lay on the couch dead and this evil person watching tv like nothing was amiss. Sadness and heartbreak is too little of words to explain my tears right now. To the blood families of this angel my heart stands with you and your grief and rage is not alone. God Speed.
August 7, 2008
4:52 p.m.
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wow writes:
Missmilehi--
My son was like that, with mashed potatoes. The texture grossed him out, and the one time I insisted he swallow anyway, he upchucked.
Lesson learned. Some kids are just sensitive to taste and texture to a degree that adults don't get. Being forced to clean my plate never really hurt me, but I've never done it to mine. It's too much negativity, just to have power over a little kid.
I think that's really what this all boils down to. These people were on a huge power trip, helpless and inneffective in their own pathetic lives.
Now, we will see, won't we.
August 7, 2008
4:55 p.m.
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missmilehi writes:
I guess so, wow.
I just can't stop being sad about this.
August 7, 2008
5:08 p.m.
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HelpKids writes:
I do believe Jon Phillips but on a "good show" when the case worker was there and if you saw all of that, wouldn't you think he was going to a good home?
Those two are very sick people and who knows what drove them to do this to him. I think it was part of a power trip and control. I also think that in time Dominic will understand that his brother was not "bad". He stole food because he was hungry and he even said that to his therapist.
August 7, 2008
5:10 p.m.
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pixie53 writes:
according to the denver channel 7 a soical work from jefferson county stated " Jon Phillips was not involved at all with the childern when she took the case." so why did he get them?
and why is that mr phillips gets to "decide" if he wants to testify?
gs
can you define a "difficult" child? and "survied"? thank the heavens you had a "grandmother" with you. i am a young mother 18 when i had my 1st and 22 when i had my 2nd. my youngest cried for 8 months 15 hrs a day, just me and him. i would never lable him "diffcult" or say that he "survied" i thank god everyday that he is mine. your wording scares me
letstalk, i would like to know more about your reform
August 7, 2008
5:19 p.m.
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wow writes:
missmilehi--
Me neither. I'm almost feling a little numb. I have overload. But next comes the defense. I have a funny feeling that before this is all over, RMN is going to have to close the comments section due to lack of cool on the part of the posters.
It's going to get awfully nasty in here.
I'm not trying to be preachy, but, in the coming days we all need to try to remember that Chandler's maternal family, and his natural Dad's mother(Merideth)pop in and read what is said. If we get carried away with politics, lawyer hate and other idiocy while ripping on the defense, it will be even more painful for them.
August 7, 2008
5:32 p.m.
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YnotME writes:
Is there anyone else here that is concerned that Christina is about to have another child? Does anyone know if she is clean and ready to care for a child? Or is her daughter going to have to go thru the same system?
August 7, 2008
5:36 p.m.
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jenny317 writes:
Lets hope that Dominic's aunt Stef(evil) really isn't evil! I pray that she loves that little boy more than if he were her own child. After all the tragic things he has witnessed in his young life that's the least this aunt could do! Hopefully she will keep him away from the Phillips family as well as his real mom! I'm sure that will be hard for her since it is her sister but it sounds like the real mom is still a “train wreck” and does not deserve to parent this little boy. I'm glad to see that he does have a therapist like Tami and hopefully his aunt will keep him in therapy, and that this therapist can help him grieve properly and get over this horrible ordeal.
August 7, 2008
6:21 p.m.
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chikovid writes:
StefEvil,
If you are really Chandler's aunt, why are you spelling his name with a K at the end, when the lawyers and media are spelling it with a C? You have custody of the child, yet you don't spell his name right?
I don't believe for an instant that your sister couldn't find Jon and her children. They were taken away from her because she chose drugs and partying over them.
She continued to do drugs and party until Chandler was killed. If she wanted to find him, she could have. Just like the sperm donor that is calling himself Chandler's father; she chose to abandon her children.
Hopefully she's received treatment and won't destroy another human life.
August 7, 2008
6:31 p.m.
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pixie53 writes:
CHIKOVID
I agree with you 100%
Stefevil you said you had run inot to them while @ a store? HELLO why did you not follow them? perfect chance lost. not to be rude but what loving family? your family handed them over to jon, yes they left changed numbers/jobs whatever, you can always find a way ALWAYS.
August 7, 2008
7:08 p.m.
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wow writes:
Chikovid,
I hate to split hairs, but Stef never said she had custody. Dominic(k) is with her "family". That could mean any one in their family.
Sadly, I misspell my nieces' and nephews' names all the time too. And the RMN might be spelling it wrong; not as if their fact check dept is on the ball with details. Like Stef, with me nicknames for my sister's kids are the norm, anyway.
August 7, 2008
7:56 p.m.
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Richard_Saunders writes:
It is becoming obvious to me through the testimony I am hearing that Jon Phillips is a narcissistic, controlling, self-serving, emotionally dead monster who does not have the ability to feel any ones pain, suffering, or happiness for that matter. He has to control every aspect of those around him, that is the only way he can feel important. I don’t think he has ever wanted to be a good father, just wanted to be able to control a life to fulfill whatever sick needs he has to have met.
He is a smart person, smart in a very cold, calculating way. He used the withholding of food, water, safety and love as a way to both ‘punish’ those two boys, but also as a way to make him feel important and God-like. This isn’t child-abuse resulting in death, this is calculated murder, plain and simple. He knew what he was doing all along and what the results would be. Hell, even POW’s are guaranteed the basics of life through the Geneva Convention.
I have to believe that once Chandler told his teacher how he got that bruised ear, it was the beginning of the end for him. The silence was broken, Chandler committed the ultimate sin in John Phillips eyes, he turned on him. For a narcissist, that is completely and utterly inexcusable, no one can interfere in their world. This seems to be the turning point and where the abuse started to escalate. Chandler wasn’t being punished for misbehaving or acting out, he was being given a death sentence to be carried out by those two monsters themselves. John Phillips is a coward so he couldn’t just murder Chandler outright, no, he had to give him a punishment that would make him suffer, and that is exactly what he did. The lack of emotion that he shows, the half-assed way he tried to cover this up, the way he handled the death, all shows me that he justified what he did as ‘right’ in his mind.
Reading this and similar cases and going through what I did with an x who exhibited similar charasteristics as John Phillips has made me more cynical and question a lot more of what I see, but I think that may be one of the lessons for us here. Don’t turn a blind eye to something that you know in your gut is not right, don’t let things slide just because it’s a family member, close friend or whatever. If something doesn’t feel right, act on it. I have a feeling that the Phillips family knew something wasn’t right (didn’t that Thanksgiving dinner sound odd to everyone) but didn’t act on it because it was their son. I’d rather err on the side of caution when it comes to our childrens safety.
August 7, 2008
8:52 p.m.
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YnotME writes:
The "train wreck" was just interviewed on the news and is 7 months pregnant. Who is going to take care of that child?
August 7, 2008
9:22 p.m.
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Disgusted writes:
Thanks to the teachers for trying to help Chandler - they were the last line of defense. If anything good can come from this, I think there should be legislation in place that would not allow a child who is suspected of being abused to be pulled out of school and "home schooled". This may be problematic for some but I think it is necessary to protect abused children from the situation becoming worse. This should be Chandler's Law.
August 7, 2008
9:32 p.m.
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lawgirl9 writes:
Buffsbig, does your last name start with an "s"? Based on your comments, I think I know who you are. You used ot work in the Denver Da's office? Yes or no?
I have to tell you you and I could have great debates because we are so opposite it is not even funny. However, I do respect the fact that you can quote the law and you obviously know what you think/feel about things and you dont waiver.
I have to tell you, your views and freedomfighter views about that these lawyers and these social workers were just doing their jobs is a prety sick view. That is why our society "accepts" that the social worker is allowed to keep her job. Because people like you allow our government workers to perform poorly and we just keep them. AND THAT IS ACCEPTABLE to you.
Please keep in mind that the defense attorney in this case are public defenders and are paid by the county. I am not asking htem not to put up a defense for Jon Phillips, what I am asking them to do is to conduct themselves in an ethical way. And I dont feel that they have done that in this case.
Most people would not agree that a defense should be allowed to say or do whatever they want to create doubt. Or even worse that they would put on a defense to give their client an avenue to appeal based on incompetent counsel. You and I both know that this case will go to appeal and this will be the first thing this guy claims.
I think you and freedomfighter are numb to the fact that the system truly is crappy. Because you have worked in that industry and have an attitude that "this is how it is."
May this is how it is, but there is a difference between how things are and how things should be.
I am from the idealistic world of how things should be. Call that good or bad.
August 7, 2008
9:39 p.m.
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Disgusted writes:
I assume that the defense attorneys are public defenders. If this is the case, it's probably the most emotionally disturbing case they will have and their role is essential for the justice system to work as it should. My hope is that the jury will return with a quick verdict and the sentence will be the max - these creeps should know that we as a society will not tolerate people who abuse those who cannot defend themselves.
Speaking of creeps, if you are following this story you have to reas this: http://www.dailycamera.com/news/2007/...
Any attorney who would help either the biological mother or father to profit on Chandler's death is quite unethical at best. While Chandler's biological mother did not directly cause his death, she put both boys in a situation where their lives were in danger and they were being tortured. Why does she need $150k? Maybe to buy more drugs.
It scares me that she is on kid #3, still not married to any of the fathers, and chasing dollars. I really hope the next time she winds up in court, they throw the book at her too.
As far as Steph - I hope you see how important your role is and never let Dominic go back to Christina. Sure we all make mistakes - but hers let to an outrageous situation and ultimately her sons torture and death. I wonder how long he spent in the closet, in misery - waiting for his mother to rescue him.
August 7, 2008
9:44 p.m.
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frank12 writes:
Stefevil, how much does you so called sister get paid to go on these tv interviews. Does she not realize that she truly is the cause of Chandlers demise? I am not saying she killed Chandler, I am saying if she was his mother, and acted like a true mother, he would not be dead. She must getting paid really well because most people would not go on tv to look like the **** she is.
August 7, 2008
9:48 p.m.
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Disgusted writes:
Meredith - why does your son need his $150k? I agree that both you and Josh are in an awful position and would have done what ever you could to help Chandler but no one should profit from Chandler's death. If anything comes from this lawsuit - the money should go to a charity that helps abused children.
August 7, 2008
9:50 p.m.
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trouble22 writes:
Who is the father of the new child? Has that been determined yet?? Hopefully he gets custody. ( If it's Josh, he definitely should get custody!) As far as Dominic being with the "family" hopefully it's not Tina. Take the new baby away and remember you canNOT replace one child with another!
August 7, 2008
9:56 p.m.
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trouble22 writes:
Frank12- Right on!!!! for going where no one else would!
The blame rests on a lot of people but mostly on a mother who RAN with this child before his REAL daddy could be there for him!
Shame on her.
August 7, 2008
10:12 p.m.
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frank12 writes:
trouble22, this woman is why birth control was invented. Can you believe that she gets 2 kids taken away and now she is going to have another.
August 7, 2008
10:13 p.m.
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Richard_Saunders writes:
Whatever we feel about Chandlers biological mom, the fact of the matter is that there are people in our society who cannot take care of their children, mother or father, or both. We cannot dictate who has kids, but we can determine how those children are taken care of.
I think the ultimate goal is to reunite children with their parent(s) but we all know that there are instances where that will not happen for a myriad of reasons. So that’s where an effective social services system comes into play and gives these children a real home and chance at a normal life. Unfortunately, I don’t think the system that is set up right now can do that nor guarantee that these children are properly taken care of. We can all wring our hands and blame not enough funding, high caseloads, incompetent and poorly trained case workers and whatever excuses we can think of, but to me those are just excuses, nothing more.
I have had the unfortunate experience of having to deal with social services and have seen firsthand how broken it is and the incompetence that runs rampant. This system needs to be overhauled from top to bottom, plain and simple. This case points out so many of the basic flaws in the system, Chandler was doomed from the very beginning, the very minute social services got involved and he was taken from his biological mom. There were so many red flags, so many times a case worker should have seen them and done something. Even if one event wouldn’t have gotten Chandler help, a recurring series of events would have, and that didn’t happen.
I think its time I send a letter to our Lt. Governor as was recommended earlier. But there has to be more we as concerned people can do? Can we not get a petition going expressing our outrage and force our elected officials to make some real changes in the way that our children are being taken care of?
August 7, 2008
10:28 p.m.
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YnotME writes:
Frank12 and Trouble22 go to http://www.myfoxcolorado.com/myfox/pa... and watch Christina cry about how her new child will not get to meet her older brother.
August 7, 2008
10:40 p.m.
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lawgirl9 writes:
Richard, where were you when freeedomfighter wrote that it is not the social workers fault. She was justified in turning these kids over to Jon. How many red flags does it take for her to realize that these kids were in trouble? The overindulging in food, the bruises, the child saying something to his teacher, which was very brave of Chandler to reach out, the stories from the younger boy to her, what more red flags does one person need? And look above at all of this persons postings where freedom claims to "know" the social workers in this case. You know that these social workers were justified to turn a kid back over to Jon even after the bruises.
What I dont get is why was Chandler turned over to someone he was not even related to?
And why was biological father not contacted? Was this due to Tina claiming that Jon was Chandlers father? Is it not social services job to find biological parent first to turn child over?
What I cant get over is that this social worker still is employed.
I also cant get over how many people on here defend her actions.
Thats what disturbs me most.
August 7, 2008
10:47 p.m.
Suggest removal
lawgirl9 writes:
Ynotme, she is a sick puppy. How can she go on these interviews and act like she is such a victim in this case?
She is the reason Chandler is not here to meet this baby.
She needs to give this baby up for adoption and at least give this one a chance at a normal life.
Because she did not give Chandler or Dominick any kind of a chance at a normal life.
If I could talk to her, I would eg her to give this child up for adoption. Do the right thing for once!!!!
August 8, 2008
6:13 a.m.
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buffsblg writes:
Lawgirl
That is not me, guess we have not met.
You misunderstand, I never meant to defend any of the caseworkers here. I have read the reports from the state and terrible horrible mistakes were made by both Denver and Jefferson counties. I do not and cannot know if better work would have saved this child, but the work that was done was below any minimum standard of casework. My point is that such casework is in large part a result of a total neglect of the system for years. Under Owens and the republican legislature for years, funding was decimated at both the state and federal level, the last state director of human services under Owens was a political b#tt kisser who could not have cared less about fighting for kids, the legislature and governor never put kids on the top 100 of their list of priorities and the counties could not or would not step up to fill the void. As a result there were and are too few caseworkers who are insufficiently trained and the best tend to leave quickly for less stressful better paying private jobs. The system is broken, politicians only care when a case is on the front pages and that leads, inexorably to tragedies.l
August 8, 2008
7:34 a.m.
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Richard_Saunders writes:
Lawgirl9-
The things you pointed out are exactly what I am referring to with a system that doesn’t work. Chandler moved 3 times, into 3 different counties. Child Welfare is run by the individual counties, not by an overall state agency. This means that there is a disconnect in the sharing of information, either between individual case workers or through the computer systems, same thing for the police departments. Had there been a state-wide system of sharing information, it would have sent up some serious red-flags and shown each person involved with this case that there were problems beyond what they were seeing at that time.
Cases involving child abuse, whether suspected or proven, should never be ‘closed’, they should remain open until the child leaves the care of the abuser. If the case was still active, it would have sent off warning bells when Chandler was taken out of school- 5 weeks he was out of school before he died and the entire time no one questioned it. I am sure the school notified the proper authorities, but it never was followed up on. I have seen firsthand how a ‘parent’ can pull the wool over these case workers eyes and put up the appearance that everything is ok- monsters like Jon Phillips are experts at this kind of behavior and are usually the ones who perpetrate such heinous crimes against children. I would bet that if a study was done on the characteristics and personalities of people like Jon Phillips, they would find some close similarities and could be used in the training of caseworkers.
Unfortunately, Social Services is a political entity, and because of that, it will never function the way it was designed to. The people at the top are political appointees and usually don’t have the training, education or experience to run a program like this- for them its just a stepping stone in their political careers. Accountability is a joke, sure, the case worker should bear responsibility, but what about her supervisor, and that supervisor, and all the way to the top, they all need to be called on to explain why this, and so many other failures, occurred. It bothers me too how the system designed to protect him failed so miserably and I for one would like someone to explain to me how it happened.
There needs to be a group of volunteers watching over them and holding them accountable. Something similar to MADD, a group of parents, grandparents, business owners and anyone else who wants to volunteer and make sure that they are doing their job, forcing them to take action if necessary. CASA is a great group and does wonderful work and are taking care of the front line problems, this group could be an off-shoot of that and be the ones who create the real, positive changes we need.
August 8, 2008
8:26 a.m.
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chikovid writes:
Kay,
We haven't heard much yet about Sarah's role in killing Chandler.
It would not surprise me at all if she weren't more responsible for the punishment inflicted upon him. She was the one that was home during the day.
Often in relationships such as this the woman has control over the man (p***y-whipped so to speak). There's a reason why most fairly tales include a wicked stepmother.
I wonder which one of them wrote out the sign about God not liking the liars and thieves that hung on the wall near the closet?
There has been testimony from Jon's family that they knew about him withholding food from Chandler at Easter. They didn't do anything about it. Maybe he was raised with that type of punishment and it seemed normal to them.
In an earlier post, StefEvil made reference to Jon treating her sister, Tina, awfully. If that were true, why would Tina then allow her children to be placed with him?
All these supposed grown-ups chose to look away and took the path of least resistance. Even Chandler's own mother (who now wants to sue every agency involved) let him down.
How dare she? She should be on trial too!
August 8, 2008
8:53 a.m.
Suggest removal
HelpKids writes:
Chandler's mother & father along with Merideth should not be profiting from Chandler's death!
Shame on you all for trying to put a price tag on his life.
All those involved failed him and now you are trying to pick up the pieces of your life and deal with your shame. Filing law suits is not going to bring Chandler back. You should have done the right thing in the first place!!!
To Chandler's mother- GET SOBER & stop using Chandler's death for attention.
Any money that you do receive in Chandler's behalf should go toward Dominic and any organization that will help abused children.
Also, all of these family members who are this upset, why are you not spear heading some petitions and calls into the Governor about making some real changes to the Child Welfare System????
Instead you want to point the finger and make a buck off his death.
August 8, 2008
8:59 a.m.
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missmilehi writes:
What the HELL do they deserve $150K for?! I was trying to refrain from slinging mud on Chandler's mother before this, but now?!
The message this sends is "be a druggie deadbeat mom, lose your kids - and if they are killed then BAM you deserve a prize"
What?! WHAT!? I agree that that money should not be awarded to Tina and Josh.
If I ran the world it would go to Dominick's education and well-being or donated to a children's charity. Too bad I'm not in charge.
August 8, 2008
8:59 a.m.
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freedomfighter1 writes:
I'm not sure what the conditions were at Chandler's mom's house, but they couldn't have been worse than what he went to afterwards. So for all you that think its human service's fault, remember he was removed from a home with very little danger (drug use maybe some neglect) to one with a lot of danger. Sometimes a little neglect also makes someone stronger in some ways. I am not saying I condone it. I have seen this first hand with family members and the field of work that I do.
August 8, 2008
9 a.m.
Suggest removal
gs writes:
Doesn't anyone have an issue with someone who's screen name is Stef "EVIL"? Doesn't evil have an evil connotation? Or is there some other explanation? And then there is TROUBLE 22. That sounds like there is no issue at all right? What the uck?
August 8, 2008
9:04 a.m.
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lwt5150 writes:
The story updates and commentary are becoming more and more difficult to read. I am a parent myself, and what little Chandler had to endure is beyond comprehension.
We as human beings should be ashamed of what happened to this baby. We are the only species on the planet that tortures its own young. Think about it.
The "parents" in this case should be taken to the nearest field and shot in the back of the head. Certainly, a merciful death compared to what they did to Chandler's tiny body.
Then bill their families for the bullet!
August 8, 2008
9:06 a.m.
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missmilehi writes:
freedom: I alluded to that yesterday. Christina might have been a bad parent (drugs, etc) - but she managed to keep him *alive* for six years...
They took him away from her and put him in a "better" environment where he lasted what, less than a year? Just over a year?
August 8, 2008
9:08 a.m.
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HelpKids writes:
Does anyone know, it says trial adjourns?
Has the defense rested?
August 8, 2008
9:13 a.m.
Suggest removal
freedomfighter1 writes:
missmilehi
Sorry didn't read all of the comments, there are just so many.
August 8, 2008
9:17 a.m.
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SeekKnowledge writes:
HelpKids, the defense is just getting started. They called their first witnesses, a social worker and a doctor, a yesterday and will resume w/ the doctor this morning.
August 8, 2008
9:26 a.m.
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Meredith writes:
Again, the reaction of people to something that they know very little about is amazing to me. Yes there are lawsuits out there. I do not know what Tina will do, I have no control there. I do know my son. There will be a fund set up for child abuse victims. This has been in the works since the suit was filed. Dominic will have his own suit. For those of you who do not read what has already been written, my son, unitl Chandler died did not know he was the father. Jefferson County was informed when he was discharged from the service that he was in Jefferson County and that he was looking for Chandler, who he felt was his son. If the judge had given us a chance, we would have had a DNA test done and we would have had Chandler released to us. For 6 years we looked for Chandler. Josh felt that if he went to the system, if Chandler was part of that system, Josh would be notified. My son was never given a chance. It is not an excuse, it just is. The guilt that has been felt for not doing something else is incredible. Because Tina did not put Josh's name on the birth certificate, legally, I had no rights unless I could produce DNA results. Needed to know where Chandler was before we could get a DNA sample.
Stef, according to Josh, is the one sane person in Tina's family. I only met her once and that was when Chandler was born. There is many facets to this story that may never be revealed. I will be chastised for saying what I have already said. Just remember, hindsight is always 20/20.
August 8, 2008
9:31 a.m.
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missmilehi writes:
Meredith -
Why aren't you at the trial?
August 8, 2008
9:32 a.m.
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missmilehi writes:
freedom: I was just trying to say that I agree with you :-)
August 8, 2008
9:41 a.m.
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freedomfighter1 writes:
Sorry didn't mean to sound negative. Honestly there are a lot of posts here.
August 8, 2008
9:45 a.m.
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tisf12 writes:
What irritates me is any comment blaming the social workers or the system that takes the focus off of the parents, the real people that need to take all of the heat for this tragedy.
The caseworkers that work for DHS are college educated and trained to deal with this type of situation on a daily basis. They do this work not for the big paycheck but because they truly have a passion for helping children. They make the best decision possible with the information they have. There is also a system of checks and balances set up with GAL's, supervisors, state reviewers, magistrates etc... A caseworker does not make the decision to close a case on their own. And the number one goal is to always place a child with a parent whenever possible.
So unless you know what you are talking about please refrain from commenting on how the child welfare system failed this child and focus on his PARENTS the ones who are responsible for the care and well being of the child failed him. DHS is not set up to raise children, so do not put that responsibility on them.
Also, I hope you are all calling your local social services to sign up to be foster parents and adoptive parents so that there are options out there for kids who do need it!
August 8, 2008
9:45 a.m.
Suggest removal
Meredith writes:
missmilehi:
Because I now live in Sacramento, CA. I worry about my son who is there every day. I lost my job in Denver and mentally went through some tough times. I have a daughter who opened her home to me. This has helped me start to adjust to what I consider my guilt in this. I am not sure what else I could have done and yet I am sure I missed something. When this first happened, the suicidal depression my son went through was terrifying. I was sure I was going to lose him also. It kept me pretty grounded at that time. As he has learned to cope all of the feelings of guilt have returned. My daughter lovingly opened her home and her life to me. I accepted. I am not sure how I would do in court day after day.
August 8, 2008
9:47 a.m.
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riverrafter writes:
Can you believe the child psychologist saying that smearing feces on the wall is part of an attachment disorder? Well, I guess the fact that he was LOCKED IN A CLOSET and couldn't get out to use the bathroom normally, something he screamed to do, would have no role. Hmmm yes, that must be it. Attachment disorder. NOT!!!!
August 8, 2008
9:54 a.m.
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missmilehi writes:
Meredith: Mkay, fair enough. I was just curious.
August 8, 2008
9:58 a.m.
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missmilehi writes:
Everything that psychologist is saying is valid - generally - but I think it is inappropriate to apply it to this case!
Children of "2 years"...not 7.
And children will sometimes hoarde food when they are STARVING.
August 8, 2008
10:06 a.m.
Suggest removal
Meredith writes:
missmilehi -
That is perfectly ok. I have not said much in the year since this has happened. Sometimes my feelings get in the way of things.
August 8, 2008
10:09 a.m.
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mtcpsworker writes:
I was thinking about this last night. I disagree with those who say it will be hard to show intent of death. Correct me if I am wrong, but in opening statements the prosecution stated Jon and Sarah waited five hours after Chandler died to call an ambulance. Not only that, they sat on the couch and watched t.v., according to Dominick didn't even try to perform CPR. In my opinion, they wanted to make sure he was good and dead, and had no way of being brought back to life. To me, they intended to let him die, and wanted to make sure there was no way he lived.
Also, Dominick's name is spelled with a "k" according to family, the media is spelling it wrong. Stephanie knows how to spell her own nephew's name, and he is placed with her.
gs: as usual worthless comments from you!! Stephanie's last name contains the word Evil, no that doesn't make her evil. It happens to be in her last name. Does the attorney's last name Lamb imply he is an animal?? I don't think so.
August 8, 2008
10:27 a.m.
Suggest removal
momof5 writes:
I have just finished watching the video of the biological mother and also read the article from the Daily Camera where it says the father (Josh) and mother (Tina) are filing lawsuits against social services. Are you freaking kidding me?
First of all, Tina, if you are reading this, your daughter will never get to know Chandler because you cared more about drugs than you cared about being a parent. You cared more about your pathetic life than you did about making sure your child was being cared for and loved. The sad fact that Chandler will never grow up, never get married, have kids of his own, be the awesome person he could have been is partially your responsibility. You may not have starved him to death or beat him, but you are just as culpable because you let him be taken from you and then apparently you did nothing to see how he was being cared for. When they took him from you did you clean up your life to regain custody? Did you seek visitation with him? You probably could have gotten even supervised visitation so that you could see him and Dominic. Had you done that, maybe he would be alive today. So, spare the rest of us your crying. And please show some class and forego the lawsuit. Have you ever heard of contribututory negligence? You contributed to your own child's death. Live with that. Clean up your act so your daughter will have a parent to be proud of. Name the father of your daughter on the birth certificate so that in case something happens to you, your daughter has another parent. But don't try and bill the taxpayers for your own failings as a parent. And, by the way, did you ever pay to support Chandler or Dominic? You seem like the type who would have relied on welfare in the first place. If you weren't self-supporting, if you weren't paying child support all these years while Chandler and Dominic weren't in your care, why do you think you deserve compensation for their death?
August 8, 2008
10:31 a.m.
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momof5 writes:
And by the way, please stay off TV and get that precious child's headstone designed so he will have a proper resting place.
For the biological father, I just read above where Josh' mother says until Chandler's death Josh did not know he was Chandler's father. Then why in the heck does he think he needs money for wrongful death? Did he pay to support Chandler in life? Apparently not. I'm sorry, I don't believe that anyone should profit from this poor child's death.
And, again, I'm sorry, but Meredith didn't you say you were searching for Chandler all these years but you also say your son didn't know he was the child's father. I have four sons and one daughter. Come hell or high water, I would move heaven and earth to find my grandchild. I would let no stone be unturned in my search for him. I would hound social services until they told me where my grandchild was and that my grandchild was safe.
To the family of Jon Phillips, you cannot tell me you didn't know something was wrong. If you had a grandchild or even a step-grandchild come to your home and that child was not allowed to eat what the rest of the family ate for dinner for "punishment" wouldn't you speak up? Were you afraid of Jon? I would be up in my sons' face and demand to know what the heck was going on. No one should be allowed to treat a child like that. For all of you adults who knew this child and stood by while he was abused, starved, "punished", not allowed to eat or sit with the rest of the family, shame on you. May God have mercy on your souls because you all will have to answer for your failure to help this little child.
Everyday as I read the updates I pray that these two monsters get what they deserve, that Dominic is in a home where he is loved and cared for, that the biological mother gets her act together and gives her daughter a better life than she tried to give her sons and that all the adults involved in this poor child's life live the rest of their lives knowing how desperately they failed this child.
As for the lawsuit, none of you should have the right to sue for a child that you abandoned either before he was born or when he needed you most. This isn't about your 15 minutes of fame on TV or about getting back some cash for something you think you lost, or even about starting a fund for other abused kids. This is about the fact that you fathered a child you didn't care for, you gave birth to a child that you abandoned and you deserve no compensation. What you deserve is a lifetime of guilt for your failure as parents.
August 8, 2008
10:32 a.m.
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missmilehi writes:
Bravo, momof5.
August 8, 2008
10:48 a.m.
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lwt5150 writes:
Thank you momof5! You said it all for the parents watching this trial!
August 8, 2008
10:48 a.m.
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missmilehi writes:
I pray that Tina has truly straightened out her life. I pray she takes this experience and does not allow history to repeat itself. I pray Chandler's short little life and miserable death was not for nothing. She said that "he didn't deserve this", so I pray she gives her new child the life she knows Chandler deserved.
I pray that she has learned from this experience and will live the rest of her life as a good and productive human being, if not for herself then for Chandler and her new baby, and I pray she teaches her new child to do the same.
August 8, 2008
10:53 a.m.
Suggest removal
mytwosense writes:
I have been trying to articulate to myself what kind of people could do this to a child (or to anyone, for that matter). Anyone else having the same struggle should read Richard Saunders' 7:56 post. Wow, I got chills reading that - I have no doubt that description fits Phillips to a T.
In other words, he's an aberrant member of society that needs to be locked up for life, with zero chance of parole. Personally, I'd recommend an even harsher sentence, but that's not up to me. At any rate, since they're going for life in prison, the judge needs to make sure this monster actually get it when he's found guilty (I will be shocked if he's acquitted).
He should never, ever be allowed back into society again. He is a clear danger, as he possesses no semblance of a conscience.
August 8, 2008
10:56 a.m.
Suggest removal
mamott writes:
Amen, momof5
August 8, 2008
11:01 a.m.
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riverrafter writes:
Not to change the subject, but the defense put the social worker on the stand who claims the boys were "happy and well attached" to Jon Phillips. Then they put a psychologist on the stand who claims that Chandler has an "attachment disorder" because he smeared feces on the wall. Does this strike anyone else as ludicrous as it strikes me? I really don't know how those people sleep at night. No amount of money would be enough to get up on that stand and make a fool of myself.
Momof5, while I agree with many of the things you said, you can't say you would move heaven and earth come hell or high water to find that child and you wouldn't stop. You don't know what you'd do or what kind of roadblocks you'd face. It's easy to say something, much harder to live it.
August 8, 2008
11:07 a.m.
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ChellePants writes:
I watched Tina cry, what a bunch of crap. She didn't love her son. She isn't sad that he is gone, its all lies. She's sad for herself because she is a selfish person. I say take the little girl away from her when she born. Carma is a B****.
August 8, 2008
11:24 a.m.
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Heart_Broken writes:
If any financial gain should come, none should go to either of the two sorry excuses for parents....any and all should go to the little guy who will forever be tortured with memories of what has happened to him and his big brother for quite some time. As for the two so called human beings being charged for the murder of Chandler....since death is off the table, Life without any possibility of Parole..Ever~!
August 8, 2008
11:26 a.m.
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ChellePants writes:
Yikes! I made everyone stop talking, sorry.
August 8, 2008
11:35 a.m.
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momof5 writes:
No, riverrafter, you are wrong. There would be no stone I left unturned, no agency I would not have hounded for information, no court I would not have filed papers in seeking access and information about a child that I believed was my grandchild and who I believed was being neglected, let alone abused. There is nothing that would stop me from finding my grandchild. All we have in this life is family. My children mean the world to me. God forbid that one of them have a child they can't care for but I would step in to help them. I would not stop until I found that child. If that meant calls so every social services agency in the state, so be it.
This entire situation sickens me and makes my heart ache. I look at my children and wonder how anyone could starve a child to death. How anyone could ignore the pleas for food, to use the bathroom, for water. I can't even think of a punishment that is severe enough for Phillips and Berry, but I also don't believe the biological parents should profit from this and I believe the biological mother should be held partially responsible.
I understand the constitutional right of these people to a fair trial with a vigorous defense, but when all is said and done I pray the jury find them guilty and that the sentencing judge gives them EXACTLY what they deserve, hell on earth in a jail cell. And, unfortunately, their jail cell will be so much nicer than the one Chandler was forced to live in.
August 8, 2008
11:46 a.m.
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Meredith writes:
momof5
I pray that you are never in the situation. I left no stone unturned. There is only so much money, and not matter what, it takes money even to file papers. That is something I do not have a lot of. I spent time with Social Services, a lawyer, Grandparent rights authorities, and anyone who would listen. I know I let him down. I must live with each and every day. Just shooting myself would be too easy. With judgment from people who know little, I can live the rest of my life in constant agony over letting Chandler down. Without a DNA test, because Josh's name was not on the birth certificate (thanks to Tina and her mother), the roadblocks were overwhelming. Give me you address and I will happily send you all the paperwork I have that shows the years of looking for Chandler.
August 8, 2008
11:50 a.m.
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riverrafter writes:
Momof5, Of course if you are convinced that you would leave no stone unturned, then I'm glad you have those convictions. but not everone has the fortitude, stamina and willpoer to endure such an ordeal. Does that make them less of a person? When you are stonewalled, told a child isn't yours, denied on a birth certificate, and then you try to find someone and they move, change phone numbers and generally make it known that they do NOT want your input and you're not even sure if the child is yours, wouldn't you be discouraged? Some people could press on under those circumstances, and some just couldn't. that is the point I am making. Don't judge others by your convictions. We're not all as strong, as smart or as determined as we need to be in some instances.
August 8, 2008
11:51 a.m.
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CDee writes:
If you really want to find someone it's not really that hard. I found my dad who I had not spoken to in almost 30 years and all I had was an old address and a name. Not hard to do.
August 8, 2008
11:53 a.m.
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ChellePants writes:
When I went to the hospital to have my son I was told since we were out of wed-lock it was policy that only my name (the mother) was going to be on the birth certificate until a DNA test proved who the father was. So I don't think that Tina or her mother had much to do with that.
August 8, 2008
11:56 a.m.
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davies writes:
gs: I appreciate your comments. I too would like to have a dispassionate conversation someday about what went wrong with these stepparents. I don't see it as very helpful to just label these two as evil monsters and propose to torture them to death, etc. But this is probably not the forum for that discussion.
Also agree that the "Evil" in the sister's moniker raises questions in my mind too. I don't care if it's part of her last name, it doesn't need to be separated from her last name and then added here and capitalized for emphasis. So I will also hold her comments (mentally) at arm's length.
lawgirl9: Saw your discussion with buffsblg. Being an idealist is fine, but without action what does it accomplish? Many of us appreciate buffsblg's comments because we can't draw any useful conclusions about the trial if we don't understand the legal and social services system. He is explaining the system, and not necessarily defending it.
Criticizing the system is fine too, and if you must be self-righteous in doing so, well go ahead I guess. But ask yourself if you will ever actually accomplish anything by spouting off about your ideals on a comments blog in the local paper, other than feeling good about yourself. The social services system probably needs more funding for more staffing and more effective services through better training, monitoring and reporting, etc. So you can vote for higher taxes for that, if and when the opportunity comes along.
But in the meantime, there are plenty of advocacy agencies that watch out for the interests of kids like Chandler, and you can contribute to any one of them as much as you like. Then you will actually be doing something.
riverrafter: I don't think it is necessarily unconscionable to say that Chandler may have had an 'attachment disorder'. It's probably a valid clinical term, and it may point to the fact that his stepparents didn't love or try to bond with him, as much as it implies any supposed defect in Chandler.
One other post questioned why Phillips would get to decide whether or not to testify, but since he is the one on trial, he has the right to not incriminate himself. I'd love to see him get cross-examined!
August 8, 2008
12:03 p.m.
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momof5 writes:
I don't judge Meredith for what she did or didn't do. If I come off as judgment, I don't mean to be. What I am saying is what I would do in her circumstances. And, yes, I pray that I never have to confront such a situation just as I hope and pray that I have taught my sons not to have unprotected sex and father a child that they are not ready to provide for. The responsibility lies not with you but with your son and the biological mother. If he thought he was Chandler's father, then he should have been the one going to social services and the lawyer to find out.
What I find bizarre about that situation is if Tina and the boys were involved with social services, why didn't social services demand blood tests for Chandler and whoever Tina offered up at the time as the father? In order to get benefits she had to name somebody because social services will pursue you to hell and back if they think they can find someone, anyone to force to pay back the benefits.
Again, this entire situation makes me sick. No, I'm not in Meredith's shoes and I don't know what she did or didn't do. I know what I would do if it were me. I look at the pictures of that little boy and my heart aches for him. I wonder what went through his mind as he lay in that closet in his own filth. I wonder did he cry for a mother who abandoned him? A father he never even knew. Did he wonder why he was being tortured and mistreated? Did he blame himself?
Like many of you, this case will leave a lasting ache inside of me for what this little boy could have been had someone, anyone of the adults in his life stood up for him.
August 8, 2008
12:07 p.m.
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riverrafter writes:
Chellepants, in some instances it's almost impossible to find someone, even if you have some information. I have been serching for a friend for years who has simply vanished- I don't think anything sinister happened to him, I'm just not looking in the right places. But even with considerable effort and using several search engines, his wherabouts are still unknown.
Davies, I was just pointing to the fact that they had one expert testify that Chandler was happy and attached, and then put another one on that said he had an attachment disorder. I'm not sure who to believe (probably neither of them).
August 8, 2008
12:11 p.m.
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missmilehi writes:
We all can sit here and say what we would have, could have, should have done, but that's all irrelevant.
It doesn't help matters to say that we are better than anyone else because WE would have helped. None of us can know what we would have done because none of us were there.
August 8, 2008
12:17 p.m.
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riverrafter writes:
Momof5, I just had a flashback to a dinner conversation we had when my sons were younger- my sister-in-law (a nurse) was talking about condoms and the need to protect yourself and your partner and my son turned to me and said "we have the weirdest dinner conversations!" We all burst out laughing. But in our home, it is accepted and natural to discuss sex. I know that has nothing to do with anything, but your post brought it to mind.
August 8, 2008
12:17 p.m.
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Meredith writes:
When this child was born he had an affect on me. He was so tiny and hooked up to machines. I remember holding him and rocking him. I promised him at that time that what ever it took to make him well we would do. I did not keep that promise and I will have to live with that for the rest of my life. Yes my son did not force anyone to help him. He went into the Navy so that Chandler would have all the benefits he would need. Unfortunately, Tina had to let us know where she was for him to get a DNA test done so that Chandler could benefit. You know it really no longer matters what was done and what wasn't. I have nightmares about other children falling through the cracks. Chandler was not the only one that year. As the trial ends and things get quite again, research into what can be done and how to do it will become a priority.
August 8, 2008
12:20 p.m.
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hinona writes:
Friggin attorneys asking for a "direct acqital".. Disgusting..
Just as bad as the defendant...
I'd really like them to be personally impacted by such a degrading, despicable, inhumane treatment. What kind of low-life could possibly bring themselves to ask for an acquital with the preponderence of evidence against the defendant(s).
No wonder that attorneys are looked at with such utter disgust and disdain.
I disagree that the step-father not be prosecuted in this as a death penalty case. Life in prison is too easy for this scumbag. If ever a case called for it, this would be some form of justice.
August 8, 2008
12:28 p.m.
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davies writes:
momof5: Yes, you came off as judgemental. Extremely so.
August 8, 2008
12:30 p.m.
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momof5 writes:
Riverrafter, with four sons and a daughter, we have those kind of conversations all the time about sex. My sons' girlfriends think I am alternately strange and rude. I tell my boys "Don't have sex with someone you may not want to be tied to for the rest of your life if she has a child. Condoms are not fool proof." And I don't hesitate to say it in front of girls (or in the case of my one daughter guys) that they bring home. I have also been known to tell the girls my sons date (much to their chagrin) that while I agree my sons are handsome, fun, intelligent, etc., they are not worth doing something you are not ready to do and that includes being pressured into having sex if you are not ready. Two of my sons are seniors in high school. I have no doubt they are sexually active. And I know that no amount of cussing and screaming on my part is going to change that. So instead I have open, frank and honest conversations with them and the girls they date. Don't want a kid while you are still a kid? Wear a condom.
And, no, none of us were there. None of us knows what really happened between Tina and Josh and the families involved. I'm just saying I know what I would do in that situation and I'm entitled to my opinion just like anybody else.
I hope that all the people of Colorado read about this little boy's tragic life and vow to do whatever they can to help other children who are being mistreated, abused, neglected.
August 8, 2008
12:41 p.m.
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gs writes:
Davies, thanks.
August 8, 2008
12:42 p.m.
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Mommaoflittleman writes:
Momof5: I agree whole heartedly with what you've posted! Yes may be a little judgemental, however everyone seems to be that way on here trying to point fingers. You just said what a bunch of us were already thinking, I know I was.
I just have one question- (not sure if there are any therapists on here) The prosecution said “The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death,” said prosecutor Verna Carpenter. “We didn’t think that would be healthy for Dominic.”
Dont they think it would be just as detrimental for Dominic later in life to know that his testimony may or may not have put his father away for life? He's little and I dont think he fully understands what could happen and till he's older really get a concept that life without parole means exactly that. I think either way this poor little boy is going to have issues from watching his brother die and knowing his dad had something to do with it. I feel bad for him having to face those demons at such a young age.
August 8, 2008
12:50 p.m.
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Richard_Saunders writes:
Can someone fill me in on how everyone is related in this case. I know the information is out there, but if someone can just make a quick post, I'd appreaciate that.
I understand the relationship between Chandler and his biological parents, but how does Jon Phillips and Sarah Berry fit in to all of this? How was Dominick related to everyone and how does the Phillips family fit in the picture?
August 8, 2008
12:54 p.m.
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Mommaoflittleman writes:
Richard_Saunders: Jon Phillips was with Chandler's mom Tina when he was 2, then they had Dominick together. They seperated, (obviously) then when Tina got the boys taken away from her, Jon Phillips went for custody and wanted to keep the boys together, Sarah Berry is just his common law wife now.
August 8, 2008
1:01 p.m.
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HelpKids writes:
To Merideth, I hope that whatever money does come to Josh, he helps abused children. Is your family calling and emailing our state government about the child welfare system?
Are other people who have been talking on this blog?
I know i HAVE called and emailed because enough is enough!
We always think we can't change things but we can! If not for Chandler, for all the other kids who are living with abuse everyday.
I also say we put calls into FOX News who is not a reputable news station in Denver to stop running coverage on Tina. She is pathetic and needs to stop.
MTCPworker- Thanks for your comments. It does comfort me that Dominick is with a loving family. I too am curious about Chandler's time of death. They did say they waited five hours to call for help. Sadly, my intuition tells me that Chandler was alive on the couch and Dominick saw. Then he died on the couch and Dominick saw that too. He also accurately recounted what they threw away to police. I can only imagine how terrible and confusing that was for him and how Phillips and Berry were acting.
I am also curious about the surveillance camera on the linen closet. I can only think that they would have brought something into evidence if there was anything on those tapes??
August 8, 2008
1:05 p.m.
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dnvrmomof5 writes:
Richard; Jon was Dominick's father and such he was blood related to one boy they placed both boys with that "faker". Momof5. A mother and mindset like my own. Well said all of your comments. I truly do not blame the paternal family so much as I agree that Tina should not be allowed at a case for money or even the right to another child. That "girl" is a disgrace to womanhood and motherhood together.
August 8, 2008
1:05 p.m.
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davies writes:
OK, I've got a question too: Does anyone know if Phillips received a monthly allowance or child support check from Social Services for taking custody of Chandler in addition to taking custody of his own son Dominick?
August 8, 2008
1:12 p.m.
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riverrafter writes:
OK now, I'm reading the "star" witnesses account. I have a son with type 1 diabetes and yes, it is true that the eye fluid will reflect glucose levels- thats why diabetics are more likely to go blind as they get older if they don't maintain healthy glucose levels. I don't know if anything else could cause high glucose levels in the eye, and you know what? I don't care! Even if he had been diabetic (which I seriously doubt) there is so much other evidence of abuse that it really doesn't matter. That would, to me, be just one more example of the extreme lack of care that this child had to endure. Honestly, what are they trying to say? "Gee well, yes, we locked him in a closet, didn't feed him or let him go to the bathroom but it's not OUR fault he died! Holy mother of GOD this is a sick and pathetic display!
August 8, 2008
1:14 p.m.
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Meredith writes:
From what I understand, there will be a fund set up for abused and neglected children. I do not know much about the law suits. I do know that Tina filed first and that Josh was contacted about it. I also know that Dominick has a suit also.
August 8, 2008
1:16 p.m.
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missmilehi writes:
davies: I had that question too...
I wondered why he would keep Chandler, what his motivation was behind keeping a child he obviously didn't like, that wasn't even his flesh.
I know in certain cases people are given monthly compensation...
August 8, 2008
1:18 p.m.
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buffsblg writes:
Hirona
I will not repeat my defense of the constitution and the right of everyone to a fair trial, so I will just add your name to that of the many on here who only believe that a fair trial should apply to people they like. Just be careful with that idea, as some time you might be the one everyone wants to deny basic rights. When we deny rights to others, that makes it easier for others to deny them to us.
However, to educate those on here who still believe in Due process, the motion for judgment of acquittal is a formality that defense attorneys are required to do for procedural reasons. 99% of the time it is denied but occasionally a judge does find that there is not enough evidence for a charge to even go to the jury. Given how little time the defense spent on it they really did not push it, but if they had not asked the case might have been reversed on appeal, which would have given hirona to make another moronic post on things he does not even try to understand.
August 8, 2008
1:20 p.m.
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GeeTee writes:
So, how does the defense "expert" witness tie the alleged diabetes to the fact that this boy weighed 31 pounds when he died? Whether the child had diabetes IS NOT RELEVANT to this case. The facts seem clear that this child was starved to death.
The sperm donor and the girlfriend should be likewise treated -- locked in a cell w/o any light, lie in their own waste and starved.
August 8, 2008
1:21 p.m.
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tisf12 writes:
re: They were given no compensation- the only people that receive that are licensed foster parents. They could have applied for some TANF (welfare) benefits, but that I do not know.
August 8, 2008
1:29 p.m.
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buffsblg writes:
I must admit that I did not contemplate the reasoning from the DA for not pursuing the death penalty: to protect Dominick. While I still believe that they would have had a hard time getting the death penalty in this type of case, the DA's reasoning seems sound to me. Death is different and for Dominick to have at some point to deal with the trauma he has suffered (along with the inevitable survivor's guilt) and then also have to deal with playing a role, even if justified and right, in killing his father seems to be too much for any one person. Even if his dad goes to prison for life, he remains alive and Dominick can choose to have whatever relationship he wants with Phillips. If Phillips is killed, that takes the choice from Dominick.
Some of the most heart rending testimony was that Dominick was rewarded for telling on his brother. I cannot imagine how Dominick will deal with that as he gets older. Guilt is not rational and this kid will have loads of it to move past. Way too many victims here.
August 8, 2008
1:50 p.m.
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momof5 writes:
Anyone involved with the law, lawsuits, lawyers, etc., knows that if you search hard enough you will find an expert who will testify however you want them to testify.
And I understand that Phillips and Berry deserve a fair trial. I know they deserve a vigorous defense from their attorneys. And I believe (as far as anyone can tell from the news reports), that they are getting that. That being said, I hope the jury sees through all the mumbo jumbo about diabetes and conflicting expert reports and convicts them and then the judge gives them the punishment they deserve.
As for being judgmental, perhaps I am. I am a mom, not just that, I am a single mom. When you decide to become a parent, you are supposed to put your children ahead of yourself. If you are going to be a parent, you should give up the drugs, the alcohol abuse, etc., and give your child your love, your attention, your care, your protection.
Perhaps my problem is that I care too much. You see reports like this (some not as horrendous, some more so) day after day in the news and it sickens you. For over a week now I've read this on-going trial blog and looked at the pictures of Phillips smirking into the camera and I want to slap that smug look off his face. Does he not comprehend what he is facing? Can he be so egocentric to think that no jury would convict him?
And I think of the people in this child's life who could have helped him, teachers, relatives, social services workers, and my heart aches to know that he lived the last weeks of his life in pain, stuffed into a closet like so much unwanted garbage.
So, if I come off as judgmental, yes, I guess I am. I am judging the people who let this little boy down and pray that they remember to their dying day that they failed him. I hope that none of them are able to profit from his death.
August 8, 2008
2:03 p.m.
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missmilehi writes:
yes, they are entitled to a fair trial, and they BETTER have good attorneys. How freakin' sad would it be if they got off because of poor representation....UGH!
August 8, 2008
2:08 p.m.
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Mommaoflittleman writes:
Momof5: from one single mom to another.... Right on sister!!!! I dont think you're being judgemental in a bad way so please dont take my blog to mean that. I'm on the same page as you, I've been watching this since the begining, and it just makes me want to cry. Everyday I see more and more disturbing facts about this case and like you it sickens me. I look at my little one and wonder who or what could do such a thing to someone who is defenseless and rely's on you to keep them safe and taken care of. I have cuddled my little one more in the past few weeks just being thankful that I have him. I cant believe anyone would be anything other than thankful to be blessed with a child, whether they are your blood or not. I just wonder what is going through that pyscho's head when he's sitting there. Like you it really makes me sick with that smirk he's had on his face and not even showing any remorse for what has happened to the little boy he claimed he wanted. Wonder if Berry is going to show any?
August 8, 2008
2:10 p.m.
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buffsblg writes:
unfortunately momof5, experts go both ways. There are numerous cases where prosecution experts put people in prison only to later find out that their conclusions were very wrong. At least 5 people have been released from prison recently where DNA evidence proved that the bite mark evidence up on which they were convicted was bogus. An innocent man was arrested and questioned about terrorist bombings in Spain based upon inaccurate fingerprint analysis by the FBI. In California a woman was convicted of poisoning her husband but then later had the case dropped when it was discovered that the lab tests that supposedly showed that he had been poisoned were incorrect. That case, like this one, was high publicity and full of damaging character evidence against the defendant and the public was out for blood. Finally, remember that the railroad that sent Tim Masters to jail was driven by a prosecution "expert" who still refuses to admit he messed up even though DNA shows Masters is innocent.
Remember that we are only getting a fraction of the evidence from new reports of this trial. The medical evidence here is key and clearly qualified persons disagree. I do not know how the jury will resolve this dispute, but I do know that they will have much more information than us.
August 8, 2008
2:13 p.m.
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davies writes:
buffsblg: “The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death,” said prosecutor Verna Carpenter. “We didn’t think that would be healthy for Dominic.”
I'm not so sure that isn't just spin. If the legal considerations are such that the DA feared they would not get a death penalty verdict, then this would be a good PR answer, instead of saying "We didn't want to try and then fail".
I'm just saying maybe, or maybe not, to their explanation.
August 8, 2008
2:20 p.m.
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HelpKids writes:
tisf12: I'm a guardian or caregiver and receive financial help from his biological parents. A judge has to order it though and that is what I won when the judge saw what pathetic biological parents they are. it's not much at all but parental rights are not something someone can give up because they don't want to pay child support. They have a responsibility for bringing a life into the world.
My little boy is 6 years old and resembles Chandler so much. I hug him a lot and often when I hug him I think of Chandler and say a small prayer as I would never want my little boy to endure what Chandler did.
August 8, 2008
2:26 p.m.
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riverrafter writes:
Buffsblg, in the Masters case there was no physical evidence to link Masters to the body. Conclusions were drawn from the psychological profile and proximity of his house to the murder site. If all of the evidence in this case (physical, testimony of the brother and "experts" for the prosecution) is overridden by one pompous a** who couldn't even take time off from his vacation to be here ( guess he really isn't that concerned) I would be very surprised.
August 8, 2008
2:34 p.m.
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buffsblg writes:
well river, nice to see that you can judge an expert who you have never seen who has not even finished his testimony. Perhaps the jury will actually be objective and make decisions based upon the facts and not on the brilliant name calling so prevalent on here. You are free to have an opinion, just realize that it is not an informed one.
August 8, 2008
2:37 p.m.
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trouble22 writes:
mom of 5,
I agree with a lot of what you have said but as far as blaming (even though you say you agree with) Meredith or Josh, you are wrong to do so. You do NOT know the circumstances or these people, especially Josh. You think that Meredith didn't "move heaven and earth" to find Chandler, you are wrong. As everyone knows, if you have money things happen and if you don't, you are screwed. No one listened to either Josh or Meredith and no one helped them find Chandler and as Meredith says, within minutes of Chandler's death, the News channels found him so why couldn't Social Services find him?? How Convenient for them huh? Push it under the desk until oops! someone died! As far as Tina is concerned, she has NO business having another baby. Who is the father of this one??? When will he take the baby away from her???? No offense, mom of 5, but try to refrain from bashing the family that had no idea where Chandler was, they tried a long long time to find him. The real father is hurting here and from what I hear, blames himself and visits his son's grave daily to try to make amends for this. Be kind.
August 8, 2008
2:47 p.m.
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riverrafter writes:
Nicely put put-down, bffsblg! I guess I'm just sick of all of the posturing by the defense and contradictory testimony. You can get an expert to say whatever you want, as you so noted, if you pay them enough. spin works for both sides. I never said I was brilliant or informed. I just know a pile of crap when I see it. I don't have to taste, smell and step in it to know what it is. And yes, I have every faith that the jury will be just as observant.
August 8, 2008
3 p.m.
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momof5 writes:
Trouble22, I can understand that the biological father is struggling to accept the death of a child he never got to know. I guess I'm wondering why he would feel entitled to sue on behalf of this child. He was never named as the father. He never paid support. I believe social services should be held accountable for this child falling through the cracks but what legal standing does this guy have to sue for a child he never even knew was his until the child's death? Just curious.
August 8, 2008
3:11 p.m.
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SeekKnowledge writes:
riverrafter, the point of the diabetes assertion and the expert witness testifying to it is to argue the first degree murder charge. The defense attorneys are under no illusion that this one argument and one witness will refute all of the other evidence. They are just raising an argument about the actual cause of death... These two defense attorneys both went to law school, passed the bar, and have well over 25 years of criminal defense work between them; they know what they're doing and are providing the best defense possible... which is what we all want, even if some of us don't understand that.
And hinona, I, for one, admire the defense attorneys' courage and conviction in taking on such a difficult task, even when folks like you spew such venom. If you had a better understanding of the justice system, you probably would feel similarly.
If any of us was ever charged with a crime, wrongfully or not, we would be fortunate to have one of these two guys arguing on our behalf.
August 8, 2008
3:15 p.m.
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ChellePants writes:
Just because he didn't know that he had a child doesn't then doesn't mean that he can't feel like most of us are feeling about this child that is not our own. If he is the father why wouldn't he have legal right to sue over the death of his child? I would want that right. I think that Christine should be sued by him. Maybe he would have paid support if he knew he had a child. Yes SS should be held accountable too.
August 8, 2008
3:19 p.m.
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momof5 writes:
The expert for the defense can spin it any way he wants but he's going to have a huge uphill battle explaining why if Chandler had diabetes he was locked in a closet and forced to sleep on a urine and feces encrusted mattress, not allowed food or water and was not taken to a doctor to see why he was losing weight. And starvation is an "associated" cause of death. Please.
I understand that Phillips is entitled to a vigorous defense. I just hope the jury sees through it and gives him what he deserves.
August 8, 2008
3:20 p.m.
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wow writes:
Seems to me, that if either of the parents has any legitimate reason to sue, it would be Josh.
Social Services disregarded him entirely.
The other poster was right in pointing out that SS hounds birth mothers for info about the biological fathers.
They either knew he was in the Navy, and made no effort to contact him, or they did not bother to find him in order to contact him. In either case, it was thier dereliction of duty that caused Josh to live for 6 years believing he might have a child with Tina, but not knowing for sure, and not knowing where he was.
If SS had done their job, perhaps Josh could have been the father Chandler needed.
That is why Josh is not only entitled to sue, but obligated to do so.
SS removed his parental rights from him before they even confirmed that he had any.
I hope he is awarded the maximum. And as far as I am concerned, he should do with it as he sees fit.
August 8, 2008
3:22 p.m.
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mhow88 writes:
I have to laugh at the Defense pathologist! I think he is a total fool!! If he claims that Chandler didn't die of starvation, then how would he explain that a 7yr old boy weighs only 31lbs!!!??? The weight of a 3yr old!!!! How would he explain that during autopsy, he was nothing but skin and bone!!!?? How would he explain that he had absolutely no fat at all!!!??? How would he explain that poor Chandler's eyes were sunken in and he looked like he had been thru a concentration camp!!!??? How would he explain that poor Chandler looked so malnourished that he looks like a child from a third world country!!!??
How do you explain this Mr. Defense Pathologist????!!!!!!!!!!!!!!!!!!!! Where did you get your degree?? Clown school?
How would you also explain that his younger brother stated specifically that poor Chandler screamed numerous times for food and water and was denied! I would never deny a child food and water.. They deserve to eat and drink before I, as an adult, do.. That's only the right thing to do!
Jon and Sarah deserve to hang for what they did to a poor innocent child that was in THEIR care! Chandler deserved the most Love and care as any child deserves...
August 8, 2008
3:23 p.m.
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ChellePants writes:
Ditto momof5
August 8, 2008
3:24 p.m.
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riverrafter writes:
just read the rest of the "expert" testimony- he says that Chandler's emaciated condition is consistant with uncontrolled diabetes. He also stated, previously, that he had never viewed pictures of Chandler.. he is basing his conclusions on slides of tissue samples and has never seen or examined the boy. I would find that in itself suspect, but then again I am neither brilliant or informed.
August 8, 2008
3:30 p.m.
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buffsblg writes:
One of the most frustrating omissions in the coverage is that the qualifications of this expert and other experts is not mentioned. Before any of these people testify, the attorney goes over their expertise in open court to tell the jury why they should listen to this expert. It is not always thrilling but it would be nice to know who this guy is, and what his qualifications are compared to the prosecution witness ME, who, at least in the article, came across as pretty arrogant.
August 8, 2008
3:37 p.m.
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Meredith writes:
I have diabetes. This is a disease that you can have for years before it does enough damage or causes enough symptoms for you to see a doctor. It is not something that happens in a couple of weeks. After raising 9 children, I find that I knew when one of my children were not feeling well. Diabetes makes you tired. Yes you lose some weight, but not at that rate. Even if Chandler had diabetes, a caring parent would have noticed something wrong. Other grandchildren of mine have a need for lots of water. This is one of the signs of diabetes. I have made sure that each of these grandchildren are tested for this disease. With some diligence, diabetes can be controlled.
August 8, 2008
3:44 p.m.
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riverrafter writes:
Most doctors are pretty arrogant, and rightly so. It takes a lot of chutzpah to hold a life in your hands, whether trying to save the living, or defend the dead.
And, my comments aside, I have a healthy respect for our legal system and the people who work within it. I wouldn't want to be the defense attorney in this case, or any case. By the time most people make it to court, emotions are not only high, but skewed.
AND I hope the jury will give fair and deep consideration into all evidence.
I want there to be NO DOUBT of guilt and no doubt that the defense did their job. I don't see a good outcome, though for Jon. He had better hope he gets convicted- what would happen to him out on the street? His life is pretty much over either way.
August 8, 2008
3:44 p.m.
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momof5 writes:
And if Josh sues, who do you think is going to be paying the judgment? Social Services is a governmental agency. It isn't run for profit. Their budget comes from the State and federal government. If there isn't some sort of liability insurance for their employees who are found to be negligent in the performance of their jobs, taxpayers like me and you are going to be paying the judgment. I don't know about you, but I don't see why my taxes should go to pay for a judgment to either of the parents of this child. If anything, Josh should sue Tina because she didn't tell him he had a child; she didn't keep him informed where his child was; she neglected his child and lost custody of him and he would have a cause of action against Phillips and Berry for wrongful death.
I wouldn't be surprised if Social Services employees don't have governmental immunity anyway which means you can't be awarded damages against them for something they did or didn't do while in the performance of their jobs.
August 8, 2008
3:44 p.m.
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missmilehi writes:
Earlier they said Chandler had no family history of diabetes - yet, Meredith you claim to be his grandmother...and be suffering from diabetes?
August 8, 2008
3:46 p.m.
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riverrafter writes:
Meredith I am assuming you have type two diabetes. type one onset can happen in a matter of weeks and makes drastic changes in a person. I am a little bit knowledgable about this, as I have experienced it firsthand.
August 8, 2008
3:47 p.m.
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EastVail writes:
Not a single comment poster is more qualified than Dr. Factor.
"He [Dr. Factor] said Chandler’s organs did not show evidence of starvation caused by being deprived food."
That is the most important testimony in the entire case.
August 8, 2008
3:47 p.m.
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gs writes:
Wasn't Jay Cutler just diagnosed with diabetes? Didn't he lose a lot of weight because of the disease before it was caught? And don't the Broncos have the best doctors in the world? Please don't verbally kill me just because I bring up inconvienent things.
August 8, 2008
3:53 p.m.
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juggalette2009 writes:
i hate u jon...u killed my little cousin who was like a brother to me. i hope u rot in prison for what u have done.
August 8, 2008
3:57 p.m.
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Meredith writes:
Riverrafter
You are right. I have Type II. As a child I was tested over and over for diabetes because of being so thin. I know where Chandler gets his build. Yes Type 1 can come on quickly, yet if it was your child would you not take him to a doctor? Would you not realize that something was wrong? Back in the olden day (when I was a kid) there were not the tests that they have today. Diabetes can be controlled. It never goes away and it is progressive, yet it can be controlled. Part of me would like this to be what happened to Chandler. It would help with the visions of him screaming from a closet for food and water. My mind could then grasp the idea that maybe he did not hurt. Unfortunately, I do not believe this. The thought of the pain he endured makes me throw up. I really would like to punch out a few people.
August 8, 2008
3:58 p.m.
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ChellePants writes:
They (Jon & Sarah) obviously felt like they were doing something wrong if they waited 5 hours to call for help and cleaned up evidence against them. It doesn't matter Chandler had diabetes or not, but if he did so what, he was still mistreated. Why wasn't he in a bed with his "mother" beside him, caring for him? EastVail how would you like to forced to eat vomit covered fish?
August 8, 2008
4:01 p.m.
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HollyGoLightly writes:
I don't know about Josh being able to sue because I don't know his whole story but as far as I'm concerned Tina (the biological mother) has no right to sue. Had she done her job as a mother and a protector, Chandler never would have been placed in the home of Jon and Sarah.
August 8, 2008
4:02 p.m.
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Meredith writes:
missmilehi
Yes I am his paternal grandmother. Since we could not find Chandler we could not advise anyone what kind of illnesses might come from our side of the family. Asthma is also common in my side. I have had diabetes for 15 years. Yet as a child I was tested many times. Thankfully, I did not have Type 1. It is hard for me to believe that Chandler did.
August 8, 2008
4:02 p.m.
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ChellePants writes:
Oh ya and if Jon and Sarah thought that he had diabetes why would they then deny him of food or water?! Its twice as bad!!
August 8, 2008
4:06 p.m.
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missmilehi writes:
So surely now that you KNOW, you've alerted someone, right? I mean, more than just posting on a newspaper blog...
August 8, 2008
4:07 p.m.
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buffsblg writes:
chelle The jury could certainly agree with you but that would not be first degree murder, but a lesser charge. I doubt that realistically the defense expects Phillips to walk away a free man. This trial is more about the lesser charges and whether he will get a sentence that would allow a chance at an eventual release from prison or whether he will die there. Often times a trial is not about a black and white guilt or innocence, but more complex issues of various levels of responsibility. I know you are offended, but attacking other posters because they choose to see another side hardly helps the discussion.
August 8, 2008
4:11 p.m.
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momof5 writes:
Even the defense expert acknowledges that the diabetes wouldn't cause the cuts and bruises and he acknowledged Chandler couldn't have become emaciated overnight.
And he can't refute the State's evidence of the locked closet, the filthy mattress, the feces stains in the closet, Dominic's testimony or the family's testimony about the "food punishment", i.e., oatmeal or no food at all.
August 8, 2008
4:12 p.m.
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mtcpsworker writes:
"Not a single comment poster is more qualified than Dr. Factor.
"He [Dr. Factor] said Chandler’s organs did not show evidence of starvation caused by being deprived food."
That is the most important testimony in the entire case."
Sorry eastvail but that is hardly the most important testimony in the case. The most important came from Dominick, Chandler's brother. He lived in the home, he knows what happened or didn't. He may be five years old, but he isn't stupid.
August 8, 2008
4:16 p.m.
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Meredith writes:
missmilehi
Who would you like me to alert? Anyone in my family knows our history. All of my grandchildren and children have been tested for diabetes. Should I inform the media? or the courts? for what. Tina knew before she had Chandler. When he was premature I asked the nurse about it. There were no signs then and that is the only time I was able to see him. So who?
Buffsflg
Thank you for being a voice of reason. Both you and riverrafter have helped me to keep things in perspective. I wondered how Phillips could even plead not guilty. Now that makes sense.
August 8, 2008
4:17 p.m.
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missmilehi writes:
I've been reading baout it on other websites (http://www.thedenverchannel.com/news/... for example) and there's a slightly different account of the testimony.
Just interesting.
August 8, 2008
4:19 p.m.
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sunshine07 writes:
EastVail, the defense expert is more qualified than any posters no doubt, but, I'm not sure that's saying much. According to 7news, he admitted on cross he is not a endocronologist, or especially trained in forensic pathology, and not formally trained as a pediatric pathologist. He also admitted that "clinical diabiates" is not his expertise. So, for being an expert, he doesn't sound all that impressive.
Bluffsblg, here is a link about Stephen Factor, apparebtly a faculty member at the Albert Einstein College of Medicine of Yeshiva University. http://www.aecom.yu.edu/home/faculty/...
August 8, 2008
4:24 p.m.
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Jackieg218 writes:
What happened to StepEvil? I have not seen her post since someone called her on her name...Did I miss something? I am trying real hard to keep up on this but I am trying to read between clients.
August 8, 2008
4:28 p.m.
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Jackieg218 writes:
my bad, I mean stefEvil, I did a p instead.
August 8, 2008
4:29 p.m.
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buffsblg writes:
sunshine
I do not think that the prosecution experts had any of that expertise either. He is a professor of pathology and the head of a pathology department and has apparently authored a book on pathology. Not some slouch from the university of nowhere.
August 8, 2008
4:32 p.m.
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missmilehi writes:
Meredith - if the prosecution is saying that there is no family history of diabetes, and you are here saying you have diabetes and are claiming to be his grandmother, then you have an obligation to contact anyone in this case so that the facts are presented to the jury! If there is evidence after the fact that could have impacted the decision, Jon and Sarah can WALK FREE.
I'm not trying to be malicious with my words, if you really are Chandler's grandma my heart goes out to you, but I'm having a hard time with you say how guilty you feel and how you would have done anything when you're spending your day on a weblog instead of being in court - regardless of the miles.
I'm not judging you - you said you're sick - but you also said that you would have gladly cared for Chandler, well, what if Chandler had survived, and this was an abuse trial instead of a murder trial? Would you still be on the computer?
I'm trying to buy your story but it doesn't hold water for me. I don't mean to be rude but when someone says they feel guilty about what they could have done and when presented with a chance to redeem themselves makes excuses why they can't.
August 8, 2008
4:41 p.m.
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missmilehi writes:
I wrote to the Lt. Governor and got this canned reply:
"On behalf of the Lieutenant Governor, thank you for voicing your opinion and making us aware of your concern with Colorado's Child Welfare System. The Lieutenant Governor takes seriously input from her constituents, and she will be informed of your concern.
Sincerely,
Office of the Lt Governor, Barbara O'Brien
130 State Capitol
Denver CO, 80201
"
August 8, 2008
4:47 p.m.
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buffsblg writes:
for those that want to be involved at the individual level, you might look at being a Court Appointed Special Advocate.They are volunteers who are appointed to help kids in foster care and some do very good work. Their site is http://www.coloradocasa.org/ This takes some time and training, but I have seen them help kids.
August 8, 2008
4:53 p.m.
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Meredith writes:
missmilehi -
I waited over a year for this trial. Each time it was postponed I had to change things. I finally made a decision that I needed to get on with things. It takes money to fly to Denver from Sacramento. When you are extremely poor, coming up with the money can be impossible. My son is there every day. As far as being on the computer, it is a way for me to follow the trial. As far as blogging goes, this is the first time I have done this. I did not realize that I should only be on it a small amount of time. I would happily be there if you would send me a ticket. I do not know who you are yet you seem to think you know me. Well your ignorance is amazing.
I would have taken Chandler the minute we found him.
You know I do not have to justify myself to someone like you. You may choose to believe what you want. Only the people involved know what was done and what wasn't. I did not send my grandchild back to those people. My child was not on drugs. You say you do not sit in judgement, you are lying.
August 8, 2008
4:55 p.m.
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sunshine07 writes:
Buffblg
I agree. He is no slouch and he sounds realy nice on paper, but I'm only questioning if he is the MOST qualified expert, considerng that the defense is the one arguing that diabetes was the cause of death. Anyway, it isn't really relevant. It wouldn't take a doctor to figure out that something was really wrong with this kid, meanwhile he's locked in the closet?
August 8, 2008
5 p.m.
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quandry_peak writes:
I went to the trial today to see for myself what kind of monster was on trial. I came away with more questions than answers. He seems so weak and quiet, he will not fare well when he goes to prison. As I looked at the people who appear to be his family, I wondered what went on in this man's background to turn him into what he has become. I suspect this trail goes back into previous generations of his family. This is not a justification in any way for what he has done. I hope to learn more after he is convicted and his team starts to rationalize his actions.
August 8, 2008
5:05 p.m.
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buffsblg writes:
Two things sunshine
1: the defense does not have to prove anything. All they have to do is raise a reasonable doubt. This is a qualified expert saying that the child did not starve to death. That is the entire basis for the first degree murder charge. This could be enough to raise doubt in one or more jurors.
2: Being locked in the closet and all the other list of horribles are affecting and terrible but they are lesser charges. As I noted above, a full acquittal is unlikely, but some lesser charge than first degree murder would still be a result the defense could live with. Failing to get help likely would not rise to the level of knowingly causing death. This testimony certainly increases the chances of a compromise verdict if the jurors are divided. It most definitely is relevant.
August 8, 2008
5:09 p.m.
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missmilehi writes:
"When you are extremely poor, coming up with the money can be impossible." - then how you would have made a better caregiver than Tina?
You have no problem airing her dirty laundry on here, and yet by your own accounts you couldn't have done much better. I'm not siding with Tina, I just think it's unfair to deal out blame on her and her mother when you said in your own words you can't even afford to support yourself, let alone a little boy. I get the feeling you're looking for sympathy.
Meredith my point is simply this: how could you have been a better guardian for Chandler, as you claimed before that you would have gladly taken him, if you are poor and sick?
If Chandler had survived, would you still have the same excuses, or would you be here "gladly" taking him in as you've claimed?
I can't feel sorry for you if you are talking from both sides of your mouth. I feel sorry for Chandler to have been born into a world surrounded by such irresponsible people.
Honestly, I don't care what you think of me - I just call 'em like I see 'em.
That's all I have to say to you.
August 8, 2008
5:16 p.m.
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Meredith writes:
Missmilehi
It has just been in the last year that things have gotten so bad. But that is my problem. I do not have a history of drug abuse. I did not send my grandchild back to Phillips when told that Daddy Jon was hurting him. Tina was a beautiful and intelligent young lady when I knew her. I never thought that she would turn to drugs or that she did them before Josh.
You can only see through blinded eyes. That is a pity. Being poor does not mean you cannot love a child. Just because you have no money does not mean a child cannot blossom under your care. You are foolish in believing that a child only needs money. What I said was I would be in Denver if I had the money to fly there. The money it would take for that is better spent right now on supporting others in my family. Feeling sorry for me is a waste of time. I do not want sympathy from anyone. You are just foolish. You have my pity.
August 8, 2008
5:46 p.m.
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Disgusted writes:
Meredith: When Chandler was alive I think you and your son did what you could reasonably do and no one would have ever imagined that everything would wind up in torture and death for an innocent child. You know, bad things happen to all of us in life and whether we like it or not we must continue to move forward. It's time to draw a line in the sand, pray for Chandler, forgive yourself and move forward.
It sounds like Josh made some good decisions around the time Chandler was born - joining the Navy, etc. I also don’t think that it would be unreasonable for Josh to have said – you know, life is a long game and I know that a boy is out there that could be mine and I pray that God will watch over him and that he is in a good home until the day that we find each other. You guys certainly didn’t know what was happening.
Like I said in an earlier post, I don’t think anyone is blaming you guys. My only suggestion concerns moving forward – it’s time to gather up the pieces, act responsibly and let Chandler finally rest.
This nonsense concerning the headstone is (or was) really petty. http://www.rockymountainnews.com/news... I’m not sure where it stands but I remember seeing an article where people were arguing about the last name on the marker – what a stupid thing to argue about. In the end, there was no one there with any last name that was able to save Chandler from the misery. I know that the RMN readers contributed for the cause after everyone said that they had no money. Is there a marker yet? If not, let me know and I’ll have a marker bearing the name of Chandler Ashton there by the middle of next week – it’s amazing what you can accomplish if you are determined, try, and realize that failure is not an option. Do you know where issue the marker stands?
I would have to say that I’m really not fond of the jobless excuses either. I know you mentioned that your son had problems with a security clearance and employment but I also know that there are jobs where security clearance is not necessary – fast food and day labor. How do I know? I’ve worked them both when times were slow and other things did not come through. Trust me, I feel bad for your son but I think he needs to be reminded that life is tough and sometimes you need to step up and be a man. BTW, the best thing for depression is to stop thinking about yourself and help someone else out. Please remind him that tomorrow is a new day and there are a lot of people expecting him to stand tall and do something good – in the name of his lost son.
August 8, 2008
5:49 p.m.
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Disgusted writes:
As for suing everyone, I don’t know where the litigation is - but the proceeds from a lawsuit like this is in every respect blood money. I really don’t care about a portion of it going to some fund – all of it needs to go to help victims of child abuse in Chandler’s name and the law firm representing your son needs to be doing this on a pro bono basis (meaning free of charge). If the firm is working on a contingency basis (assume 30%), that means an attorney will be pulling in $45k on your son’s suit alone. The only person that deserves anything from this is Dominic. Know that any material possessions acquired from such a cause are gained from the torture and murder of your grandson and they will never help anyone truly get through the healing process. You must not waiver on this and see that this is flat out wrong. Meredith, you and you son are victims too and the people of Denver have you in their prayers – I just hope that your family finds some relief through forgiving yourselves and doing right in the memory of Chandler.
Steph – I beg that you watch Christina like a hawk. Call the police if you see any drugs, signs of neglect, and tell her to put all proceeds from her lawsuit in a trust for Dominic. It really seems to be that she still needs to get her head screwed on straight.
If you care about abused children, here is a local organization called The Tennyson Center for Children that has helped many kids in Colorado through out a very long time: http://www.childabuse.org/ They are the only hero’s in many of abused kids lives and reading some of their success stories demonstrates that many abused children thrive with a little love.
August 8, 2008
5:49 p.m.
Suggest removal
sunshine07 writes:
Buffsblg, thanks for the info on the casa site. And I understand all of that about the knowingness standard. Didn't the expert also say he couldn't rule out starvation? I'm not in court, and I'm not an expert but I sure hope he gets prison for life.
MissMileHi, I'm sure you mean well, but enough with the attacks on Meredith. This is a heart-wrenching case. It is hard for anyone to read or think about. No one can understand how any of this could happen. But taking it out on Meredith is really not constructive.
August 8, 2008
5:56 p.m.
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Meredith writes:
disgusted
I do not want any to feel badly for Josh. He has made some very bad choices in the last year. As far as a headstone, the last thing I was told was that it had been ordered. I also am tired of the bickering and fighting. I live with it every day. I expect my son to pull up his boot straps and get it together. Believe me we have had this discussion. I also have worked at McDonalds to support my children. I agree with the depression part yet that sometimes is easier said than done.
In the beginning I worried about Josh and his way of thinking. In the last 6 months he has begun to put all things in perspective. Enough so that I could move to CA.
I do not know how things will work out now or how they could have worked had things been different. I can only continue doing what I think is right and go from there. Life goes on whether you want it to or not. I do not want people feeling sorry I want people to stand up and shout that what happened is not right. I hope that we can pass some legislature to help this cause.
August 8, 2008
6:03 p.m.
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missmilehi writes:
There, all better now that you spewed a few names at me?
No, it doesn't take money to love a child, but it takes money to raise one. Unless you live in the jungle I guess, but I wouldn't know about that.
I'm not trying to attack Meredith, if you read earlier posts you'll see that. My recent posts were follow ups to earlier questions that I had. I am having a really hard time believing what she is saying. I have the same right as anyone on this forum to ask questions. If she doesn't like people asking her questions then she should stop offering so much personal information.
And, sitting on a newsblog isn't constructive either, so you can stop shaking your "shame on you" finger at me.
August 8, 2008
6:12 p.m.
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Disgusted writes:
God bless you Mededith. Let's hope for a quick "guilty on all counts" verdict on Monday and feel confident that the same will happen to Sarah. By the end of the month, Josh should have some closure and hopefully be able to move forward. He seems like he has grown up a lot and I'm sure that something good is right around the corner for him.
August 8, 2008
6:24 p.m.
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CarlinBeckwright writes:
I cannot find much sympathy for the biological father. He left for the Navy before his baby was born, seemingly attempting to evade responsibility. Also, I don't believe biological family members could not "find" Chandler, especially since he was in the "system." I am not convinced this family did all they could do to protect Chandler from harm. Visiting him could have put a crimp in Phillips' bad deeds. If Phillips knew other people cared about Chandler it may have caused him to take better care of him, and it might have presented the option of releasing Chandler to someone who loved him, since he obviously hated the little boy. Neither biological parent should profit from their child's death. They brought a child into their chaotic, irresponsible lives, giving very little thought to his welfare. They will be given chances to be good parents (one can hope) to other children, but Chandler can never have another chance. Shame on the whole lot of them.
August 8, 2008
6:25 p.m.
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sunshine07 writes:
MissMileHi, I did read your earlier posts, all 200 of them.
August 8, 2008
6:28 p.m.
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FamilyFirst writes:
I think that Sarah plays a huge part in this. Never under estimate the power, or suduction, or manipulation of a woman. Not excusing Jon, of coarse.............but I would bet dollars to donuts that she put a little bug in his ear to do these horrific things. She is just as sick as him.....little girls have more of a maternal instinct than she has shown. Sad, sad world. Our prayers need to be for the little brother......that God would guard his mind through this. That God would place him with people that would nourish him body AND mind.
August 8, 2008
6:37 p.m.
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mytwosense writes:
FamilyFirst, then how do you explain the voice message Sarah sent to Jon telling him Chandler was threatening them with a knife and she "didn't know how to handle it"?
They are both equally culpable, but hey, any opportunity to make a broad swipe at women everywhere, eh?
August 8, 2008
6:49 p.m.
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rmnreader3 writes:
FamilyFirst, you are absolutely ridiculous and obviously a man (who probably hasn't struck it rich at the casinos). I knew Sarah before Jon and saw what happened to her after Jon and I can tell you she wasn't the one placing bugs in anyone's ears.
Regardless of the past it is painfully obvious that they are both extremely sick and evil individuals. Unfortunately they will live the rest of their days with their basic needs more than fulfilled; they will have a room in which they will able to stretch out in and three square meals a day - none of which they deserve.
August 8, 2008
6:50 p.m.
Suggest removal
Richard_Saunders writes:
Dnvrmomof5 and momofalittleman-
Thanks for the info, it was kind of hard for me to keep track of who was related to who. So I am guessing that Phillips left either right before, or right after, Dominick was born. And then all these years later, when social services comes knocking, he says "I want to be a father'. I dont know his involvement with these 2 boys during that time, if any, or what happened during the time he and Tina were together, but just that part of it seems suspicious to me. I would hate to think that social services dumped these 2 boys off with him because it was the most convenient and expedient thing to do.
Does anyone know the seriousness of the drug abuse his mother was involved in? To what extent did she try to get rehabilitated? Did social services make an attempt to keep those kids with their mom, or was the placement of them with Phillips done quickly? I am interested in that part because of personal experience
I can fully understand those people who say they would move heaven and earth to find a child or grandchild that they thought was theirs, but reality paints a different picture. If a parent wants to disappear, it is very easy for them to do. Think of Aaron Thompson, how long was she gone before someone finally noticed? John Phillips is a master at manipulation and I suspect there is evidence out there that hasnt been presented to show this is true.
If you throw in the fact that Chandlers biological father was never put on the birth certificate, it creates a terrible Catch-22. Chandlers paternal family was trying to find him to prove through a blood test that he was theirs, but since the father was not on the birth certificate, they had no legal recourse to force someone to tell them where he is. They were probably blocked at every attempt they made, and even if he were found, how can you get social services, or the courts, to allow a blood test to be done, since they dont have any hard proof, its based on heresay. If Chandlers mother didnt want his father to be put on the birth certificate, she isnt legally obligated to.
I have been thinking of that survellience camera myself and have come to the conclusion that it was set up as a way to intimidate and control both those boys. I am sure it was explained to them plenty of times that they were being watched at all times, that if Dominick gave Chandler any food, they would see it on the camera and he would be punished. What better way to control someone, especially a child. It didnt even have to be hooked up to anything, just the thought of it watching you would be enough. And, I am sure it could be taken down at a moments notice if need be. Just another piece of evidence to show that these 2 monsters systematically and willfully abused and murdered that boy. I'm surprised the defense isnt going after a limited mental faculties excuse.
August 8, 2008
7:04 p.m.
Suggest removal
FamilyFirst writes:
1) I think it was a statement not a question regarding the VM from Sarah 2) "Not excusing Jon".........meaning he shares in the blame as well. 3) I am a women. 4) It is a blog, not a personal attack on you. Very sorry that you could not separate that. My point was that she had the power of persuasion to stop if she had the slightest hint of maternal instinct in her.
My apologies to you, Mytwosense if you felt "swiped."
August 8, 2008
7:40 p.m.
Suggest removal
trouble22 writes:
Do any of you people see what you are doing to this woman Meredith? How in the Hell did it turn out to be her fault???? You should all be ashamed of yourselves for the things you are saying to her! NONE of you know her and should just all stop it now!
If anyone is to blame here it is Tina, Jon and Sara... No one else!
How was Meredith supposed to tell anyone she had diabetes?? Once again, as I stated before, if you don't have money, YOU ARE SCREWED! Don't you all think she would be here if she could???Her son is in hell right now!
Please stop!
August 8, 2008
7:52 p.m.
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trouble22 writes:
Richard Saunders- You are the most realistic person in here! At least you know what the pateral side had to have gone through.
Oh and by the way, mom of 5, I am a mom of 6 and would protect my children through anything! As far as Josh suing Tina, great idea but she obviously is still trying to figure out who the father of the newest child is and trying to make money off of her tears with Media support, what good would it be? Josh deserves to at least get something for his torment and if I know him, it would all go to a good cause and maybe help him to get on with his life and find some happiness some day, or at least, some peace.
August 8, 2008
8:28 p.m.
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momof5 writes:
Trouble22: You are right about Josh suing Tina; but to me that is the only claim he would have. He never knew his son; he never supported him; he never provided for him; regardless of the fact that it was not his fault but Social Services or Tina's, why should he profit from the death of a child that he didn't even know was his until a year ago. And Tina should have no claim whatsoever. If she had cared about her children, she would have at least had visitation with them and tried to get her life together.
I feel bad for Josh, however, I don't see why taxpayers should have to pay him because he had a child he says he didn't know about and never provided for. For crying out loud, these people can't even get their acts together to get a tombstone for a little boy that died a year ago and you want them to get $150,000 each? For what?
If he wants to get on with his life and help other kids that's all well and good but so far I haven't read where he's even working and providing for himself. If he wants to help others, that's great. But I'm against paying anyone in this family for the loss of a child THEY ALL FAILED TO PROTECT.
August 8, 2008
8:42 p.m.
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trouble22 writes:
mom of 5,
I am not saying that Josh should get any money for this and I agree that they both should have gotten thier lives together but still, as I said before, Josh was never given the chance to meet this boy or be part of his life.
As far as the tombstone goes, I agree with that as well. I don't agree however, with how so many people are slamming the paternal side of this family when they were never given the chance to be there.
No one should profit from the death of a child but should try to stop it from happening again. I believe that Josh would do so, that is try to stop it from happening again.
I just think that this whole blog thing has gotten so angry that people are blaming and hurting others due to the fact they are hurting so bad themselves from this. If the whole State of Colorado doesn't end up needing therapy from this case, I would be surprised!
All I am saying is to take it easy on this family, be a little kinder than normal and remember the words of Emily Keyes, the girl who was killed in the school shooting, pay it forward (with kindness) Be strong for each other.
August 8, 2008
9:35 p.m.
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Disgusted writes:
Meredith is right - something needs to change to help protect childern. I think the thing that bothers me most is that the teachers reported the abuse and Jon and Sarah were able to pull Chandler out of school to be home schooled. This seems really wrong. Is it this easy to pull a child from public schools? Again, I think this removes the last line of defense for an abused child. Do you guys think it would be over-reaching for the state to say that you cannot pull your kid out for home schooling if there has been a report of abuse?
Does anyone know if abuse reports are included in school records so if parents move, the new schools know that issues may exist?
Any ideas?
August 8, 2008
9:48 p.m.
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annie143 writes:
I had to take a couple of days off from this case as I found I was letting my anger get the best of me. As I said before, I have followed the case from the first day, unlike many on here. I have become familiar with a few of the principals involved. For over a year, the burden of this childs suffering has been almost more than I could bear.
missmilehi-you are very right in many of the things that you have said and I know you say them from your own anger and hurt at what happened to Chandler. I suspect you have also followed this case for some time and been very proactive.
momof5-I totally agree with everything you have posted.
stefEvil-take care of Dominick and yourself as well, 3 young children are a lot to take care of but I know you will do the best you can.
Someone has mentioned there was a fund set up for Dominick for his education and donations would be accepted. Is that being handled by a bank or an attorney ?
Dominick should be the only one that profits from Chandlers death because he is going to need it someday. He will probably need further therapy to deal with all he has suffered.
It would be interesting to know what happens to the monies that will go to the bio mother and the bio father because their suits will probably be settled. If for no other reason, to get the case out of the public eye once this trial is over.
I just want the trials to be over and Jon and Sarah to get the punishment that is coming to them. I have begun to feel that Sarah is more involved in this than I first thought. Whoever said that women can have a powerful influence over men in certain situations, is very right. Jon appears to be a weak person with a bullying personality and Sarah may have fed that weakness.
The thing that has given me the most pain in all of this is Chandler saying that no one loves him. I break down every time.God rest your soul, Chandler.
August 9, 2008
7:48 a.m.
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momof5 writes:
This is a case that has transfixed people of the State of Colorado like no other than I can remember. Last week, as I was lunching with a co-worker I mentioned the trial. She said, "I don't want to hear about it. The things I have heard made me sick. I don't want to think about it."
The testimony made me sick too. Not just to my stomach because I could imagine the smell of that closet, visualize the mattress, see the air fresheners and bleach that they used to try to rid the place of the smell, but I could see that little boy curled up in a ball, thinking no one loved him. It made me sick in my heart. And it made me sick to think that there are many, many Chandlers out in the world. Every time I read the news and I read of some horrific act that one person does to another, I think that it can't possibly get any worse, and then it does.
Unfortunately for the Chandler's of the world there are too many people like my co-worker who don't want to think about it. Who don't want to get involved. But we all must be involved if we are going to help these children. They deserve so much more from us all.
I don't know what the answer is. I do know there are many child advocacy agencies that need volunteers, like CASA. There are many children in need of safe, loving foster homes. There are probably children in your own neighborhood who you see and might suspect something is wrong but you do nothing because "you don't want to get involved". Get involved!
August 9, 2008
7:52 a.m.
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momof5 writes:
Last night at dinner sitting there with two of my teenage sons and teenage nephew and my 10 year old son, we talked about this case. I explained the testimony in the case thus far. I told them what this poor defenseless child endured in his short 7 years on earth. We talked about friends, acquaintances who they thought or knew were having problems at home, who might need help and I encouraged them to tell their friends to get help, whether that meant going to a school counselor, a minister, a teacher, the police, or even another parent they trust. Kids talk to other kids. But they should never just turn away from someone who is need, who is being hurt or abused by a parent, stepparent or guardian.
Then I talked to my 10 year old. And I hugged him and told him how precious he is to me. How loved he is. That even when I come home tired and irritated from work, I don't have the right to take my frustrations about traffic, work, life, etc., out on him by being in a bad mood. But I also told him to look around him. To see all the things that my hard work has provided for him. A loving home, toys, video games, clothes, food whenever he's hungry, drinks, sports equipment and on and on. And I told him that from now on, some of that money is going to help some other little kid who has nothing. With tears in his eyes for Chandler, he agreed.
Hug your kids. Tell them you love them. Give them the best that you can, but think about all the Chandler's of this world who have nothing. As I sit here this morning with tears streaming down my cheeks at the loss of that precious little boy, I can only pray that all of us who have been so touched by this little boy's life and tragic death remember these feelings and do something about it. Don't just let it slip from your mind when the trials are over. Be proactive. Help another child in need. If new legislation is what we need in Colorado to protect these kids, then fight for that legislation.
And, yes, I do think that if allegations of child abuse occur, something should be done about a parent withdrawing a child from school to be homeschooled. At least there should be follow up constantly by social services to make sure the child is safe.
August 9, 2008
7:53 a.m.
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Richard_Saunders writes:
Carlinbeckwright- I don’t think you can make that statement about Chandlers dad without knowing some of the facts behind his decision. Maybe he joined the Navy so he could support his unborn son, but after he joined and was away at basic training, Tina decided she didn’t want anything to do with him. Sound far-fetched? Not in the least. I joined the Army with young children because at the time the economy was in the toilet, I couldn’t find a job that paid well and offered health benefits so I did what I thought was best for my children.
While in basic training, there was a guy who signed up because he had a child on the way and didn’t know how else to provide for the baby and his girlfriend. She decided after he was gone that she was going to shack up with another man and have him be the dad. I can still remember some of the letters he showed me and how distraught he was. Think the Army was going to be compassionate and let him take care of it? Guess again. He ended up going AWOL and we never saw him again.
And as far as the people who say family involvement would have prevented this tragedy, I refer back to my earlier posts. Philips is a monster, he was going to abuse those precious children regardless. Even if family members were involved in his life, he would have put up a very effective smoke screen to cover up what he was doing. Withholding basic life needs and torturing that poor child is a way to dish out abuse without anyone on the outside really noticing what is going on since there are no easily visible signs of abuse. Once the physical abuse was noticed and reported, he pulled Chandler out of the public eye. He also seems to have isolated himself from his family, another sign of an abuser. He fooled social services, the police, his family, co-workers, and the babysitter. And tragically, no one realized it, or did anything about it, until it was too late.
Abusers like Phillips and Berry will learn how to use the system to their advantage, and our fractured, out-of-date child welfare system works to their advantage. We really have no effective way of sharing information between different organizations or even within the social services system (county to county). Every organization that has direct contact with children- police, schools, counselors, church, day care providers, and even the general public needs to have access to some method of reporting child abuse. And this needs to be tied to a state-wide database that child welfare workers can access. I have said before, our current system makes it way to easy for children to fall through the cracks and needs to be scrapped and rebuilt from the top down. Unfortunately, I don’t think that is going to happen since it really has turned into a political machine and too many people with ulterior motives are in charge.
August 9, 2008
10:18 a.m.
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meredithb writes:
I mourn for you as if you were my own precious child.
Chandler....may you rest in peace.
Jon and Sarah....may you rot in Hell
August 9, 2008
10:12 p.m.
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annie143 writes:
Richard_Saunders, I disagree with everything you said in your most recent post, in paragraph #3. The family should have made more of an effort to be involved, in whatever way they could.
Momof5 echoed my sentiments and actions exactly. I would have moved heaven and earth to find my child, my grandchild. That is not saying, I THINK I would do that. I WOULD do that. I know myself and my drive.
The family erred in "out of sight, out of mind" and expecting the State to take care of their child problems. At least one of the family saw the children in a store and thought they appeared to be okay. So was there no move on their part to find out where the children were staying ? They said they did not see Chandler again for almost a year ? What was the family doing in the two years Chandler was with the monsters ? That is the only question that needs to be asked.
I do not want to be harsh or judgmental to the family but neither do I think it is right for the family to play the victim and say CPS "took" the children. The children were not being properly cared for apparantly. The family has worked very hard to get Dominick back from foster care, I guess....why wasnt that ardor shown when Chandler and Dominick were with Jon and Sarah ? It breaks my heart to know that Chandler died thinking no one loved him, he was told no one loved him. I would carry that to my grave and not make excuses for myself regarding my actions or non actions.
Lets go from here. Lets "get involved". Do not let Chandler's life have been in vain. If Jon and/or Sarah get a lessor sentence and become eligilble for parole, I would sign any petition, write any letter to a parole board to keep them there for the full sentence, no matter how well they did in prison. Their crime should not be forgotten by next weeks headlines.
I would be glad to start a petition drive demanding of the State of Colorado that the case worker that left Chandler with Jon and Sarah after "showing up" for visits and the worker that returned him to Jon and Sarah after obvious signs of abuse, they be TERMINATED. I think neither showed emotion because they did not see poor Chandlers dear abused body and they should have to see it every day for the rest of their lives and pay for their neglect with their jobs.
August 10, 2008
12:20 p.m.
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annie143 writes:
Meredith, your last post was/is eloquent.
August 11, 2008
7:19 a.m.
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grandma6 writes:
From experience, I will say to Momof5 and everyone else. Look within your own family as well! Go to Kempe.org and read the information. The Children's Hospital website. Find information on where a child should be at during any given stage of development.
Neglect is in every walk of life. Neglect leads to crying that leads to physicial abuse.
Get involved! And follow through. Keep making waves. The squeaky wheel gets oiled first. Many people got involved by notifying the proper channels. And the boys were taken back!
I agree with one other poster as well. Chandler is the VOICE that is being heard all around the state. There have been changes but much more needs to be done.
CASA is a good opportunity as well. Just make sure you are out there advocating for the child and not getting bogged down in the system.
There are plenty of avenues to help our kids if we would just take a few minutes out of our day to look around us. We have become such a selfish society. It takes a village!
August 11, 2008
9:38 a.m.
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jlong writes:
Here is a little back ground on Chandlers biological mother that never made the news. Before having Chandler she was already a drug addict who had 7 plus abortions and for whatever reason keep chandler (prob didn't know she was pregnant till it was too late) The biological dad was not around and she was dating Jon when Chandler was born. She was never a good mother to either of the two boys which is why she lost them in the first place, if only you could of seen her first interview with police after Chandler died. She was so doped up she thought she was there for a warrant and had no clue that her son was dead. She is a real piece of work and I feel sorry for this new baby I can only imagin the hell it will endure. She was the begining of the end for Chandler, if only she had not been so self indulged and actually raised her own children the right way they would both be healthy happy children today, and if her or Chandlers biological dad get a dime for that innocent angels death, I hope someone puts a bullet in both their heads!!
August 11, 2008
9:43 a.m.
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HollyGoLightly writes:
Well MissMileHi called it about the diabetes and Jon's defense. I'm assuming the defense is looking for Meredith to testify according to today's update.
August 11, 2008
9:44 a.m.
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HelpKids writes:
Let's all contact the Lt. Gov Barbara O'Brian!!!
We all need to call for some change, let's do it for Chandler!!
August 11, 2008
9:54 a.m.
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riverrafter writes:
Meredith, I wasn't able to answer your post as I was gone for the rest of the day Friday.
As for the diabetes debate- just to enighten a few readers....
Type two diabetes is also called "adult onset diabetes"- it occurs when the pancreas produces less insulin than the body needs, resulting in higher sugar levels. This can be partially or fully controlled with diet and exercise. if that is not enough, medicine can be prescribed to help with control. This medecine can either be in pill or injection form. This disease is mostly attributed to overweight or sedentary adults.
Type one diabetes occurs when the body (for an unknown reason) attacks itself and effectively "kills off" the islet cells in the pancreas that make insulin- the pancreas produces NO insulin and the person with this disease must take multiple daily insulin injections to stay alive. Imagine a pac man game and the dots are sugar in the blood, the pac man is the insulin (this is how it was explained to my son as a child).Without the pac man, the sugar levels continue to rise, eventually causing coma and death if not caught. The onset of this disease is rapid, occuring over a few weeks or months. Symptoms are rapid loss of weight, lethargy, extreme thirst.
A family can have a history of type two diabetes and not type one diabetes.
Hope this helps to shed a little light on this particular debate.
August 11, 2008
9:57 a.m.
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momof5 writes:
I understand that Phillips has the legal right not to testify and doing so would have opened him up to all kinds of questions from the prosecution but I would have liked to hear why. I realize we'll probably never know why and his attorneys probably advised him not to testify.
But I would have liked to hear something beyond that bogus diabetes defense, hear some remorse, anything.
August 11, 2008
10:08 a.m.
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BigSky182 writes:
When my brothers and I were between 9 and 11 my Father married his second Wife. She very commonly denied us food as punishment. We were rarely allowed second helpings and NEVER "thirds". If we asked for thirds we were called "piggies" and then spanked and sent to bed. It was not at all uncommon for the entire family to skip breakfast, and lunch, and not have dinner unitl late. One memorable weekend, she denied us all food and water for 72 hours because we had fogotten to feed and water the dog - again. Food was very carefully inventoried. She wouold make a mark on theside of the milk carton so she would know if we had been in it. If she could smell food when she got home from work, she knew we had been into things.
The only thing she didn't catalog was the frozen sausage links. We would take 3 each, run them under hot water until they got soft, and eat them raw.
We visited family daily. Aunts, Uncles, Grandparents, etc. The first time we were offered food by Grandma, we accepted with enthusiasm and ate until we were nearly ill.
Step-mom beat us so severly when we got home that, to this day, when I am in someone else's home and they offer me food, my automatic response is "No thanks, we just ate".
At age 11 I was 5 feet tall and weighed 60 pounds.
For me there was a way out. We went to live with my Mother until Dad divorced his second Wife.
There were 3 of us Boys, and for over 2 years, we never said a word to anyone... not even our Dad. We didn't want to be the reason he left her, he loved her SO much. We were also very afraid that he WOULDN'T leave her and that we would be forced to suffer her wrath for "tattling".
Please don't assume that because the children aren't complaining means that they aren't suffering. Get involved. STAY involved.
God bless you Chandler - I wish I had known you.
August 11, 2008
10:10 a.m.
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dnvrmomof5 writes:
I only have THREE words for the jury--- JUSTICE FOR CHANDLER!!!!!!
For all those that wish to make a difference for others out there becuz we all know there are others, I also have worked with CASSA and they are beyond wonderful. Lt. Gov Barbara O'Brian's office is getting so overwhelmed with response to this case I want to say Congrats.!! They are getting the message loud and clear at our dismay. I called and emailed every day last week and I'll do the same this week.
Helpkids... I agree. not just for Chandler but for evey child.
August 11, 2008
10:26 a.m.
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lwt5150 writes:
Christina Grafner is pregnant again? Unbelieveable. One more child for our overloaded systems.
She feels "bad" that he doesn't have a head stone? How about the fact that she was such a bad parent that she could not keep him, and then the system let him fall through the cracks and die a horrible death. I would feel more than "bad" over the whole situation.
Human debris.
August 11, 2008
10:26 a.m.
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mtcpsworker writes:
it seems common sense to me for the defense to have checked into family background of diabetes when putting together their case. Obviously they did not and had to learn from these posts. I find that pretty pathetic.
August 11, 2008
10:33 a.m.
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buffsblg writes:
Ever done criminal work mtcpsworker? There are not unlimited funds to track everyone down and sometimes when you do, they do not tell you everything. Witnesses omit or lie or conceal, and in this case, Dad and his family had been out of the picture for a while. This kind of medical history should have been in the Human Services files, but then again we know what a bang up job Jefferson County did on this case. Once again, everyone on here likes to judge about things they do not know.
August 11, 2008
10:39 a.m.
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grandma6 writes:
mtcpsworker, hopefully it doesn't mean he gets off. At the very least they should be able to find him guilty for the medical neglect.
August 11, 2008
10:41 a.m.
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mtcpsworker writes:
buffsblg:
I don't know why the personal attack, you must be part of the defense to respond so harshly. Yes, I track down criminal info. quite often on all of my clients just so you are aware. And... it doesn't cost money to contact the family members of the child in question and ask if there is a family history of diabetes. Obviously it was no secret or they wouldn't have posted it on this website.
August 11, 2008
10:41 a.m.
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riverrafter writes:
True, bffsblg, but if the defense was going to use this as the cornerstone of their case you would think they would have at least ASKED the question. I'm sure they know how to find Meredith and her family. A phone call doesn't cost much.
August 11, 2008
10:42 a.m.
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Meredith writes:
blffsblg
Until a few days before the trial I had no idea they were going to use diabetes. Type II is different than Type I. It is because I am overweight that I have this, it is not heriditary. I just want to thank you and riverafter for you input and sanity. I will no longer be blogging. Thank you much.
August 11, 2008
10:48 a.m.
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Macita183 writes:
That is terrible that the poor boy didn't even have a headstone. This whole family is a mess. All their children should be taken away!
August 11, 2008
10:51 a.m.
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wow writes:
Bigsky-
Back in the day, my folks might sent me to bed without supper pretty often. We were fairly poor, little food in the house, so I figured that was the reason why it was restricted tightly. My folks were abusive all the way around, and the food thing was minor by comparison. I think now, maybe it was a control thing.
And it makes me wonder, how many parents who are otherwise nonviolent use this type of control? Emotional abuse takes so many forms, that I have never even considered the idea that a parent would with hold/use food to accomplish that.
And how can you know what's happening in someone elses fridge, especially if the child seems healthy, even happy?
This topic is too rare when child abuse comes up, as far as I'm aware.
Now it will be the first thing I wonder about, every time I see a skinny kid. Thank's so very much for your post.
August 11, 2008
10:52 a.m.
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riverrafter writes:
Take care of yourself Meredith, even if you're not blogging, I hope your watching from afar. We'll keep praying for you.
August 11, 2008
10:52 a.m.
Suggest removal
jlong writes:
It has occured to me how strange it is that niether that pig Jon or ***** Sarah have turned against the other and decided to testify or make a statement against the other one? Rather interesting concidering when people are not familliar i.e. career criminals, it's usualy only a matter of time before they sing to save their own a**. I wonder is it because they think they did nothing wrong??
August 11, 2008
10:58 a.m.
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SeekKnowledge writes:
The things that have most astonished me while following this case are not limited to the reported evidence against Jon Phillips. They also include how little citizens understand and or appreciate how the justice system works; how often they assume they know more than professionals and experts in their field; how easily they reach judgment based on sensationalized bits and pieces of evidence reported in the media, rather than leaving it up to the jury hearing ALL of the evidence; how often they advocate for barbarous punishments, as if that is going to make our social ills "better;" and, finally, how often they invoke God in their condemnation and suggested punishments. It's unsettling. "The degree of civilization in a society can be judged by entering its prisons." - Dostoyevsky
August 11, 2008
11:01 a.m.
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gs writes:
MTCPSworker, why the personal attack? Please look at your own posts. and again, didn't Jay Cutler recently get diagnosed with type 1 diabetes? Didn't he lose a lot of weight? Could he not have died from it? And don't the Broncos have the best doctors in the world? And wasn't there a disease from maternal drug abuse while the child is in utero? Something like Crack baby syndrom?
August 11, 2008
11:02 a.m.
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ShadyGrady writes:
Dear Phillips,
My 2-yr old daughter broke my sunglasses this weekend. Will you please recommend a suitable punishment? Jackass.
Sincerely,
HaveAGoodTimeInHELL LOSER
August 11, 2008
11:03 a.m.
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mtcpsworker writes:
jlong,
I agree, I also find it interesting after denying them seperate trials, they are now getting them. It will be interesting to see if the defense in Sarah's case has the same defense, diabetes. I would think it would make a difference to Jon's case, as to what Sarah's defense is. What if her defense was that Jon was to blame, and he did starve Chandler to death, how would that work. I assume the judge was made aware of their defense tactics before allowing seperate trials??
August 11, 2008
11:07 a.m.
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fiesty writes:
Wow, I am absolutely blown away by the stupidity of some bloggers here (such as annie). Must be nice to be perfect! People, hindsight is 20/20. Further, have YOU ever tried someone who didn't want to be found? While overseas? When you had NO legal standing whatsoever? Please.
All this bickering is not accomplishing a d*mn thing. What we need to be focusing on is constructive ways to ensure something like this NEVER happens again.
August 11, 2008
11:08 a.m.
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mtcpsworker writes:
gs, why the personal attack. Because you were suggesting that it was okay to starve a child to death, that is why. You were justifying their actions by stating you could see how something like that could happen. I don't care what a child does, or how "difficult" they may be. You seek help, not abuse and torture them. The comment I made earlier was towards the defenses' lack of the obvious, not personally to bluffsblg. The comments I made to you were completely justified, and I stand by them.
August 11, 2008
11:15 a.m.
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riverrafter writes:
GS, yes Jay Cutler was diagnosed- so was my son, and my niece. There comes a point with anyone newly afflicted that it becomes blatantly obvious to everyone around them that something is wrong with them. The person acts and feels differently. Even a casual observer can see that something is seriously wrong!!! So even if this child had diabetes, there comes a point that, as parents, they would have seen something was wrong and taken him to a doctor. Perhaps they didn't see the signs because he was locked in a closet? So his death was hastened by a pre-disposed genetic condition? So if he didn't allegedly have diabetes he would have taken a few more days to die? Does this strike anyone else as hair splitting?
And what about the scurvy, bedsores, bruises? this boy was systematically denied the basic care that most people would give a dog.
And yes, I understand that the defense is trying to create reasonable doubt. But the evidence points to systematic abuse. Death would have occurres later rather than sooner if the defense theory is correct (and I don't believe it is- yes I KNOW blffsblg- I am neither brilliant or informed).
August 11, 2008
11:16 a.m.
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gs writes:
mtcpsworker, does that mean Montana child protective services? I think your comments are shortsighted and unrealistic. Have I really seen so much more child abuse in my 55 years than you? It would seem that I have. May you continue to be so sheltered.
August 11, 2008
11:18 a.m.
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jlong writes:
Seekknowledge,
I have a very strong opinion on this case particulatly because I have sat in court and watched the preceedings on this case multiple days now, and the evidence is overwhelming. That little boy was grossly abused. The diabetes is just a smoke screen, and its totally irrelevant. Lets say for arguments sake that he had diabetes, he didn't shrivel up over night, he was obviously grossly underweight and in poor health for at least a week before he died. He was covered in bruises which were not caused by diabetes as stated by the defenses own expert wittness. So at a very minimum they were physicaly abusing Chandler, were aware he was sickly and underweight, and made the choice not to get him medical care. I am positive I am not the only person who is going to rejoice when the guilty verdict is read.
August 11, 2008
11:19 a.m.
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HelpKids writes:
Merideth-good luck to you and your family. We will all keep Chandler and Dominck in our prayers as I know myself and many people will not be able to forget them.
Even if you are far away, please help in being a part of the change we need if not only in this state but across the country in helping to update the Child Welfare System.
God Bless
August 11, 2008
11:20 a.m.
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fiesty writes:
The autopsy was pretty clear- there was NO evidence of diabetes, and much showing starvation/dehydration. "There was no evidence of diabetes in his kidneys and his pancreas was producing insulin normally."
August 11, 2008
11:22 a.m.
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mtcpsworker writes:
gs, good guess, let me know which comments are unrealistic and shortsighted. I haven't seen you respond to them up to this point and offer any constructive insight. I do hope to continue to be somewhat sheltered, because then hopefully that means were are doing a better job in this county then those involved with Chandler.
August 11, 2008
11:22 a.m.
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SeekKnowledge writes:
The suggestions about people getting involved w/ CASA and other child welfare organizations are great. I would like to advocate also for a PREVENTION program called the Nurse Family Partnership. This program is an evidence-based program whose results include:
- 79% fewer verified reports of child abuse or neglect;
- 44% fewer maternal behavioral problems due to alcohol and drug abuse;
- 31% fewer subsequent births;
- an average of over two years' greater interval between the birth of first and second child;
- 30 months less receipt of Aid to Families with Dependent Children.
This program is available to first-time moms throughout the Denver metro area. www.nursefamilypartnership.org
August 11, 2008
11:28 a.m.
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jlong writes:
mtcpsworker...
Those are all interesting points, I would think that once he is found guilty that she wouldn't try to use the diabetes smoke screen for her defense but who knows it's definately going to be interesting concidering she was the one staying home everyday ensuring the little boy stayed in the closet.
August 11, 2008
11:31 a.m.
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SeekKnowledge writes:
jlong, ok, "Lets say for arguments sake that he had diabetes." Let's also say the diabetes was the cause of death, as Dr. Factor testified. Then the jury would have to find not guilty on the charge of first degree murder, which the prosecution says was caused by starvation. If you want to learn a little more about how the justice system works, go back to court today and listen to the jury instructions before closing argument. You'll learn exactly what is required for the defendant to be found guilty of the charges.... I'm not saying abuse didn't occur. I'm not saying that the abuse/neglect shouldn't be punished. However, the jury can only consider the evidence that pertains to the specific charges.
August 11, 2008
11:35 a.m.
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SeekKnowledge writes:
Pardon me, I should have written "the jury can only consider the evidence as it pertains to the specific charges."
August 11, 2008
11:36 a.m.
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MyThreeSons952 writes:
Meredith I hope you contact the Prosecuting lawyers to tell them your story so Jon cannot ask for a retrial based on mis representation. Please think about this.
August 11, 2008
11:37 a.m.
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gs writes:
But the other doctor said there was clear unequivocal evidence that there was diabetes. And why did the coronor run off to Alaska? And I would never say that it is OK to starve a child and I feel personally insulted by the comment that I did. If I gave anyone else the impression that I approved starving a child please accept my personal apology. Its just looking to me like the jury is going to have a hard time with first degree murder and may settle for something less.
August 11, 2008
11:47 a.m.
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SeekKnowledge writes:
gs, I didn't ever understand you to say you approved of starving children, and you are correct about the likelihood of reasonable doubt regarding first degree murder charge.
August 11, 2008
11:56 a.m.
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riverrafter writes:
The most telling testimony by the defense expert is that there was no evidence of ketoacidosis in the samples he examined. Ketoacidosis is the condition that causes the body to waste away!!! Teenage diabetic girls often inflict this condition on themselves to lose weight- its a dangerous dance between weight loss and coma. so, if the boy was diabetic, he had not progressed to the stage where he would have had rapid weight loss. Just a little more food for thought from the less than brilliant and uninformed...
August 11, 2008
noon
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Richard_Saunders writes:
When I first heard about what had happened to Chandler over a year ago, it completely devastated me and really rocked by belief in humanity. But reading about how some people in Denver came forward to donate money, and donate more than enough, to honor Chandler with a headstone is absolutely wonderful. It shows that there are a lot of decent, caring people out there, and it is acts like this that keeps my faith in humanity alive. For all the evil that seems to be out there, there is also a lot of good too.
What I would like to know is how do we keep the pressure on our legislature, governor and the child welfare agencies to make real changes to our broken system. How do we keep this tragedy in the spotlight so that it never happens again? Emailing our leaders is a great start, but I think there needs to be more. All the organizations that have been pointed out here are great, but there needs to be change, real, constructive, positive change in our child welfare system. We can not allow our leaders to gloss this over and come up with ‘recommendations’ that only paints over the real problems.
I wonder if when this is all said and done, a reputable investigative journalist will take an in-depth look at this tragedy, do some real research, ask hard-hitting questions and really bring out the facts of what happened. Not some Hollywood-style fiasco, but a real investigation that shows the good and bad of this tragedy and give us something we can learn from.
As far as Tina Grafner- I have a feeling she is going to feel like an ant under a magnifying glass on a hot summer day from now on. There will be a lot of eyes watching her and her child.
August 11, 2008
12:16 p.m.
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grandma6 writes:
Does anyone know if there are other charges like the medical neglect as well as the murder? Hopefully so.
August 11, 2008
12:25 p.m.
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sunshine07 writes:
Riverrafter, I agree with everything you said.
And SeekKnowledge, I think the first degree murder charge is death by starvation and DEHYDRATION. And the defense's expert said that he couldn't say whether or not the dehydration was caused by being denied water, or caused by diabetes. Or both. If Chandler was diabetic and hadn't had water for days or weeks, no wonder he was screaming for something to drink. Even after these screams for water, Phillips refused to give him food or water? He knew he was wasting away and he still kept him locked up in there. Seems pretty knowing to me, diabetes or not.
August 11, 2008
12:48 p.m.
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wow writes:
He won't testify...
If I loved a child, and had cared for him to the best of my ability, and despite my best efforts the child died, I would testify in my own defense. The grief and horror I would be feeling would be overwhelming. I'd be consumed by guilt for not saving him, and I'd go to blows with any one who dared even think that I had intentionally harmed him.
I'd weep in court every single day for what had happened, and my inability to stop it.
Every one reacts differently. But not that differently.
John is smiling, or totally emotionless.
And he refuses to defend himself.
The jury can see his guilt more clearly than we can.
They know he murdered Chandler. And they will put him away for it.
August 11, 2008
1:05 p.m.
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SeekKnowledge writes:
sunshine, I'm not sure of your point, but I agree w/ you: the defense introduced diabetes as the cause of death; the expert presented evidence that Chandler did, in deed, have diabetes, and he testified that although he could not be sure if Chandler was denied water by his guardians, he ran analyses and the results, he said, “confirmed [his] belief that [Chandler] had diabetes as a cause of his wasting and dehydration.” Of course, there is much more evidence being presented in court to which we aren't privy, but it appears an expert is saying there is reasonable doubt that prolonged starvation and denial of water by Phillips caused death and there's reason to believe diabetes caused the dehydration and/or death.
August 11, 2008
1:20 p.m.
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gs writes:
mtcpsworker,
an observation. Arrogance is one of the seven deadly sins. I say that not for religious purposes but because I've seen the damage done. It should be avoided. As they all should. best of luck in what I think may be a new career for a young person.
August 11, 2008
1:24 p.m.
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mtcpsworker writes:
gs, I apologize if I misread what you had commented before. You did not say you condoned starvation of a child. I reread your statement and guess i just didn't understand what you were saying. When you said this case made sense was what struck me, because none of it makes any sense to me and never will. I just can't wrap my mind around how anything like this could happen, or that humans are capable of such torture of a small child. I long gave up trying to figure out what people are thinking when they abuse children, because my mind just doen'st work that way or go there.
Anyhow, sorry for offending you and misunderstanding your point.
August 11, 2008
1:26 p.m.
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mtcpsworker writes:
gs, arrogance has never been a word to describe me, and I am not young or in a new career.
August 11, 2008
1:35 p.m.
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beentheredonethat writes:
And his berieved birth mother is pregnant. What sort of drugs is she planning to use this time instead of giving her next child a fair chance to thrive?
August 11, 2008
1:37 p.m.
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riverrafter writes:
Seems the defense has given up the idea of introducing Meredith's diabetes as a defense. RMN is also wondering why the defense found out about it here. Anyway, type 2 diabetes isn't going to help them. Glad they're not going to waste any more time or money on that excuse.
sure wish the prosecution had asked the defense expert about the ketoacidosis. I would have been interested in his explanation.
August 11, 2008
1:58 p.m.
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sunshine07 writes:
SeekKnowledge, you mentioned that the first degree murder charge is death by starvation, and that the jury can only consider the facts as they apply to that particular charge. I was pointing out that the first degree murder charge is not only death by starvation, but death by dehydration too. And if the expert isn't even sure if the dehydration that resulted in death was caused by diabetes or lack of water, then there seems to be plenty of room for the jury to convict on first degree murder. Maybe that is wishful thinking on my part.
August 11, 2008
2:08 p.m.
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infidel91 writes:
How about using the leftover headstone money to offer to pay for the operation if biological "mom" will agree to get her tubes tied?
August 11, 2008
2:09 p.m.
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Mr_Hyde writes:
Unfortunately Sunshine, thats the exact problem because the defense doesn't have to prove how he died, the prosecution does. If the defense can show reasonable doubt that Chandler died as a direct result of Phillips denying him water, than they have to aquit him of the first degree murder charge
August 11, 2008
2:43 p.m.
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dnvrmomof5 writes:
I cannot stop crying. How could they do this to this precious boy.? I will never forget you Chandler and Dominick not ever! May John only know pain and suffering forever. The only thing that will make me feel better is when I hear that Jon is dead within a month's time just like he did to this baby. Please people of Colorado we can not let this happen again. "JUSTICE FOR CHANDLER"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
August 11, 2008
2:43 p.m.
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wow writes:
I think Mr. Phillips fate is sealed, no matter the last ditch closing statements from his defense.
The prosecution has done a fantastic job.
Thank you for working so dilligently to put this scum away.
I hope his imprisonment is humiliating, lonely, harsh and ends abruptly.
August 11, 2008
2:45 p.m.
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BigSky182 writes:
"He asked the jury to find Phillips guilty on all three charges."
There aren't 3 charges for murder... what are the other two charges?
August 11, 2008
2:53 p.m.
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Cal writes:
This is such a sad story. Poor Chandler paid a horrible price and Dominic will carry this for the rest of his life.
I do not understand how a person can conjure up such lies only to have the wrong multiplied by others perpetuating those lies. Would they face their judgement with their belief that Jon Phillips is innocent and not capable of such behavior? Does love blind them? Were was the love for Chandler and Dominic?
Chandler is free of the torture and malice that ended his life far too soon. May Dominic grow to be a person not tainted by his father's actions, words, or beliefs. May there still be hope in this child's life.
August 11, 2008
2:54 p.m.
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gs writes:
Boy, good closing by the prosecution.
August 11, 2008
3:03 p.m.
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HelpKids writes:
Great closing statement by the prosecution. Thank you for defending Chandler as you are the only people who have!
August 11, 2008
3:04 p.m.
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CONative1975 writes:
I love closing arguments. That's the time to get to the jurors emotionally.
Well said, Lamb.
August 11, 2008
3:15 p.m.
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grandma6 writes:
Found this, so even if they find reasonable doubt, there is still the child abuse charge that HAS been proven.
The Denver District Attorney's Office charged 26-year-old Jon Phillips and 21-year-old Sarah Berry with first-degree murder causing the death of a child under 12, child abuse resulting in death and first-degree murder after deliberation.
August 11, 2008
3:16 p.m.
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lwt5150 writes:
First Degree Murder is the only possible outcome I can envision. Anything less is an affront to a nation that considers itself civilized.
Chandler will never know the justice that will hopefully be heaped upon his loathsome caretakers.
I hope John's cellmate in D block keeps him from eating drinking and beats him for asking.
August 11, 2008
3:27 p.m.
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BigSky182 writes:
"keeps him from eating drinking and beats him for asking."
This is the worst part of all of it. It wasn't enough to deny him food and water, they had to make him feel ashamed of the fact that he wanted it. Had to make him feel that he was unworthy of it in the first place.
August 11, 2008
3:30 p.m.
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dnvrmomof5 writes:
The prosecution did a wonderful job. Thank you Lamb for your integrity and honor. You fought the good fight and because of you and your group the voice of Chandler is loud and clear. Chandler, your memory will stay alive forever and we all love you for an eternity. Jon and his defense group how does it feel selling yourself to the devil? I AM PRAYING FOR THE JURORS AND THEIR HONOR AND ALL THEY HAVE TO GO THRU TO GET TO THE END. God Speed to every one of you.
August 11, 2008
3:46 p.m.
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MsValeriah writes:
A reminder to those wondering about Meredith's diabetes and why she didn't need to come forward with that - Type II diabetes(adult onset) is entirely different from Type I diabetes (as explained by another poster quite a while ago), which means that a family history of type II diabetes would be irrelevant to their defense.
The prosecution did a bang-up job, dear Goddess bless them. May justice prevail.
August 11, 2008
3:47 p.m.
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SeekKnowledge writes:
Thank you to the defense counsel, who were given a horrible and an extremely difficult task and did the best job possible, in defense of a system that is designed to protect people, some of whom don't understand it and would have them punished right along with the defendant. That, to me, is honorable and courageous.
August 11, 2008
3:52 p.m.
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Candice writes:
I just would like to say I have had a personal experience trying to save a child's life and relying on social services to help me. I called them to report that one of my family members was pregnant and denying it to everyone and had told me herself that she was going to do whatever she could to get "rid" of her beautiful unborn baby. She admitted to me that she was doing multiple drugs and way to far along to get an abortion. I am really not for abortion but I mean if you are going to do it then do it asap, or better yet give the baby up for adoption! Social services on the multiple times I called and other people called denied doing anything. They said they could not do anything until she was 7 months pregnant. I told them she was doing drugs and had another child which I NEVER saw her with. Still to this day she is NEVER with him. They still denied getting involved. Finally when the day came that she was 7 months pregnant I called social services for help this time so upset i was crying i told them that I know when she does go into labor she was going to get "rid" of the baby. They refused to help in any way and basically told me to stop calling. A couple days later I found out that she had succeeded in ridding herself of the baby. The baby had been dead inside of her for two weeks. I felt so depressed and just let down. I can only imagine what Chandler's teachers, the police that had removed him and Dominik from the home in January are feeling. I agree that something needs to be done to stop this from ever happening again!
We should not let Chandler's death be in vain! There should be a death penalty for the scum that do this to children and also consequences for the idiots in social services that deny help to the many children who are screaming out for it.
My life is forever influenced by Chandler Grafner. He is now an angel looking down on us. There have been many days during this trial where I read whats going on and can't help but just cry. How can someone knowingly watch another human especially a poor innocent child die in front of their eyes!
I go home every night now and hug my little children who are a newborn, and two others Chandler's age and Dominik's age. For all those people who refused to help any child that has ever been in this situation shame on you! To Jon and Sarah may you rot in hell where you belong! I know when they get to prision they will be very well taken care of!
To those who have tried to help keep on going. Don't ever give up. Thank you too to the prosecutor Lamb for fighting so hard for Chandler. I will be going to the cemetary tomorrow night if anyone is interested in having a little memorial for Chandler to let him know he is loved and never forgotten. Thank you
August 11, 2008
4:06 p.m.
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HelpKids writes:
If they (Phillips and Berry) are not found guilty, we as a society are showing that starving a child, depriving him of life and treating him less than human is tolerable in our country and our culture.
They deserve nothing less than what they did to Chandler and Dominick.
August 11, 2008
4:12 p.m.
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momof5 writes:
A great closing by the prosecution. I wonder what is going through Phillips' mind about now.
August 11, 2008
4:15 p.m.
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ShadyGrady writes:
Good God.
They rigged the refrigerator so kids couldn't open it. And installed a video camera so they would know if he got out of the closet?
Does anyone know if Phillips is eligible for the death penalty?
August 11, 2008
4:21 p.m.
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Candice writes:
shade tree
these monsters are not eligible for the death penalty because they have not been in trouble with the law before so now we as taxpayers are going to have to foot the bill to keep them alive for the rest of their lives when they are found guilty. What a shame! They need to be hung in public!
August 11, 2008
4:26 p.m.
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HelpKids writes:
Candice-What time will you be holding the memorial?
August 11, 2008
4:30 p.m.
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kris writes:
Are there any photos of Chandler when he was smiling or happy? Could the defense not produce any?
August 11, 2008
4:32 p.m.
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Blondo writes:
The death penalty was taken off the table so that poor Dominic would not have the horrible guilt of participating in a trial that resulted in his father's death. There was a post several days ago to this effect.
August 11, 2008
4:39 p.m.
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Candice writes:
Help Kids
I am going to the cemetary at 6pm. I want to let Chandler know there are people that love him. So anyone who can make it please I know it will make him so happy. I have also purchased a star for him through the international star registry so that he can forever look down upon us. I will be taking that tomorrow also, but I think as many people as possible should be there tomorrow to show him how much he is loved and NEVER forgotten!
August 11, 2008
4:51 p.m.
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MyThreeSons952 writes:
Candice that is a wonderful idea, I just wish I lived closer so I could go. I will be there in heart only. It would be nice to have coverage of this so people that cannot be there physically can watch.
August 11, 2008
4:59 p.m.
Suggest removal
Disgusted writes:
The Denver Post is reporting that Sarah Berry is changing her plea to guilty.
August 11, 2008
5:11 p.m.
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buffsblg writes:
I did not hear the instructions, but I would think that in addition to the two separate types of 1st degree murder charges (class 1 felonies, the most serious) and the child abuse resulting in death (a class 2 felony) the jury was also given the opportunity to consider lesser included offenses, such as negligent child abuse resulting in death (a class 3 felony). the latter would usually apply to a parent who should have gotten medical treatment for a child and did not. I do not know if Phillips faced separate charges for the other abuse allegations. those would likely be misdemeanors.
The difference between the two murder charges is the mental state of the defendant. One charge is "intentional" murder, that the death was the conscious objective of Phillips. The other is "knowingly" causing the death, which is that the defendant is aware that his conduct is practically certain to cause the result.
the child abuse resulting in death is a "reckless"mental state which means that the defendant consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
The "diabetes defense" is straight to the first degree charges. If the starvation or dehydration were not the cause of the death, then first degree likely does not apply. The jury could still convict of the child abuse resulting in death, on the theory that they should have known he was sick and failed to help.
August 11, 2008
5:57 p.m.
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trouble22 writes:
Wow Candice! You are truly an amazing person! I am so sorry for what you went through! I can't make the Memorial but do me a favor? If you see Josh Norris there (the biological dad) please give him a hug from my family? Just tell him we were close six years ago and I knew his family well. He is a good kid and didn't deserve this to happen to him. He DID look for Chandler for a long long time and really is hurting from this. Thanks a lot.
Sincerely,
Someone who loves him like a sister.
August 11, 2008
5:58 p.m.
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Disgusted writes:
48 years for Sarah Berry. On one hand, it doesn't seem like enough compared to what Chandler had to endure at the hands of these two monsters. On the other hand, her life will be reduced to nothing - she will be confined and I'm sure she won't find too many supporters in the big house. The bright spot is that the families and Dominic can be one step closer to moving through this.
I still wonder who was driving the bus in that apartment - Jon or Sarah? As parents, let be sure to raise our childern to know right from wrong and never participate in or allow such heinous acts to occur.
As for the Denver DA's Office - Thank you for seeing that justice has been served for Sarah Berry. I'm headed home tonight very proud that the residents of Denver have stellar attorneys fighting for the victims. Job well done.
August 11, 2008
6:11 p.m.
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Hussie writes:
So, the Stepmonster pled "Guilty" to 2nd Degree Murder, as a part of a plea deal...My guess is because she wasn't the childs "Legal Guardian"...
I hope this is a sign of things to come for Phillips, as I believe the Prosecution has indeed proven their case of 1st Degree Murder against him, beyond any "reasonable doubt"...
To Meredith;
I am very sorry for the losses suffered by you and yours...You were not at fault for the horrific experiences that took the life of your precious grandson...I also support your son in his efforts to sue, as it was not his fault that information regarding Chandler was witheld from him, and he deserves to be compensated for that...If anyone else should be held accountable, it should be Tina...She denied your son any right to Chandler, and set about a chain of events that ended horribly...She is responsible, and will have to answer to her maker for that one day...
To those of you who believe that any money awarded is "blood money";
Tina was the one who lied on Chandlers Birth Certificate by omission, so she doesn't deserve a cent...
The Biological Father was denied any right to Chandler, because of those lies, until it was too late...He deserves to be compensated for losing his son, and being denied the right to protect him...This is not "blood money", these are punative damages that should be awarded for the misery he will have to live with for the rest of his life...He did nothing wrong here, but has been vilified by those who don't seem to comprehend the fact that Tina held ALL of the cards when Chandler was born...He doesn't deserve that, and folks should rethink their position towards him, as he is also an innocent victim in this case...
August 11, 2008
6:32 p.m.
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missmilehi writes:
Wow! WHAT a turn of events! I wonder if Jon's jury was allowed to hear this...how could Jon be innocent if Sarah is guilty...
Great idea Candace, that's wonderful! See you tomorrow.
August 11, 2008
6:36 p.m.
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aparis writes:
Candice...I would love to be at the memorial!!! So tomorrow, August 12th at 6pm, Mt Olivet?
August 11, 2008
6:57 p.m.
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dnvrmomof5 writes:
Candice....What a wonderful idea and my family is commited to this wonderful way of expresssing our love for Chandler. My children are now in the process of pulling together their cherished teddy bears and homemade poster to bring presents for this child of God. I also hope the wonderful prosecution group can be there so we can congratulate them on a job well done. I too have been a part of the foster care program for a great deal of years and I have to say I have seen many come out alive but forever scarred. Loving and healing children has always been my life's mission but I truly feel there must be a Chandler's Law". Sarah's guilty plea enforces for me she was the one that enforced Chandler's demise. She was probaly angry that she had to raise his trollop's children and all hell was going to break as soon as they had the opportunity. Since Dominic had his blood father to protect him all bets were off for Chandler since his father was not lucky enuf to be the given the opportunity to save his son. That a woman can hold so much evil and let this happen just makes me ill. Jon seems like a weak weasel and I think she was driving the bus as another said it before me. I truly hope for her what I hope for Jon their alloted time in hell- the only time I will condone violence against another human being. Those in prison do what you may and let it be brutal.
August 11, 2008
7:09 p.m.
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LC3 writes:
Candice, sadly, Chandler is dead and won't be able to use the gifts that people bring him. I hope that instead of dropping off teddy bears and other cute things at a grave, people are moved to give those items to emergency rooms, or foster care facilities, or battered women's shelters, where children who are still alive can use them.
It is such a compelling emotion for us, as adults, to try to "make good" to a dead child by bringing gifts and memorials. He's long gone. The best memorial to his passing is that other children won't have to suffer the horror he suffered right under the noses of family.
The teachers and social workers did the best they could - when Jon's family turned a blind eye to the cruelty of Chandler being denied loving contact and good food on Easter - I hope they feel horrible guilt for not caring, and I hope they turn their guilt into noticing next time a child is being tortured and starved to death.
So, kudos on the memorial, but I hope you have a place to take the items so actual living children can use them and they don't just rot in the rain by a grave.
August 11, 2008
7:28 p.m.
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Richard_Saunders writes:
My guess is that Berrys attorneys realized that Phillips defense wasn’t as good as they wanted and a conviction of 1st degree murder would shoot holes in their defense. 2nd degree gives her a chance at parole although I seriously doubt she has a chance for a long time.
The pain that these 2 monsters have caused for so many people can not be described. The families, the court personnel, the paramedics and hospital staff, school staff and teachers, police and attorneys and all of us who have been following this awful tragedy and blogging- we will never be the same again.
Hopefully the verdict will be quick. Now that Berry has acknowledged her guilt we wont have to sit through another heart-wrenching description of what happened. Its time to move forward and take the memory of Chandler Grafner, and all the innocent children who have been murdered at the hands of their caregivers, and never allow something like this to happen again.
August 11, 2008
9:43 p.m.
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ShadyGrady writes:
Candice, Momof5 and Momma -
Don't worry about Phillips' slimy smirk...it will soon be gone for good. In the meantime I am looking forward to seeing this dirtbag's expression when they read the verdict.
Unfortunately we will not see his expression when his new friends throw him a "welcome to the neighborhood" party at the state pen. They're gonna love him.
Shady
August 11, 2008
10:35 p.m.
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lawgirl9 writes:
OMG, I go to work and so much has happened. How did we go from trial starting Next Tuesday to pleading "guilty" to second degree murder. She was guilty as sin.
August 12, 2008
8:45 a.m.
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LC3 writes:
I was struck by how different Sarah Berry looks than she did when she was first arrested. She looked so together - like she was fresh out of an REI Outdoor Sports ad or an iPod ad. Now, she looks completely shattered - like she's aged 15 years and she's either terrified or remorseful. Don't know which. But Jon looks like he's there in court as a casual observer. He doesn't look like any of this has touched him, he's not scared, he's not sorrowful, he's just this jerk with a skijump hairdo.
I was amazed, when this story broke, how "normal" this couple looked - and now he STILL looks like he's a normal young guy out there. Like he doesn't even have a soul.
August 12, 2008
9:22 a.m.
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jlong writes:
Candice,
did you have the memorial? I went to the cemetary where I was told they would not say where he was burried at so I walked for nearly an hour and could not find it. I have a few things I would love to leave for him. I think its important that he see he is loved by this community and will never be forgetton.
As for that witch I was so pleased to hear that she will at least pay for what she did, its not what I would of hoped for, as beating and starving her is not legal, but its better then her walking free.
August 12, 2008
9:44 a.m.
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LC3 writes:
No verdict yet? Ugh.
August 12, 2008
9:59 a.m.
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Disgusted writes:
Hussie - You know, you are right. The biological father should get $150k beacuse his son (who he never met) was tortured and killed. He's a total victim - he procreated with a married woman (hence the Grafner name) who had a drug problem, knocked her up, knew that a baby was born (his mother was there) and wasn't concerned enough to track them down in 7 years.
Look, I don't blame the guy and he had no idea that this nonsense was going on. Then again, if you are really worried about the welfare of your child - would you let 7 years pass without finding the mother or her family? Christina's family has been in this area, I'm sure that friends are still around. I find it hard to believe that a real effort was made.
What adds to it is the bs about not having money to get a headstone (until RMN readers pay for it), crying about being unable to get a job, etc. Like I said before, the damage has been done - Chandler is dead and he suffered. Explain to me how money rewarded to someone that never met Chandler or reached out to help the child will better the situation. There comes a time when you realize that money doesn't fix things and filing lawsuits to try and gain a cent doesn't resemble just action.
Give me a break. Work to help defenseless childern in need - not someone who failed to do the most basic things (like get a job and buy a headstone) even after his child died.
Until you get a clue, I'll be wandering around looking for where the line is forming for absentee parents of abused childern looking to make a nickel off of lawsuits. Huh . . . maybe it's at the doorstep of the law firm filing this nonsense.
August 12, 2008
10:29 a.m.
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ChellePants writes:
Just a quick thanks to Sue Lindsay for keeping us up-to-date!
August 12, 2008
10:33 a.m.
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jlong writes:
The lack of a verdict is driving me nuts I have to refresh my page every minute to see if there has been any update.
August 12, 2008
10:43 a.m.
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gocsu writes:
What's to deliberate? I sure hope there's not a whacko on the jury that thinks Phillips doesn't deserve the worst. GUILTY!!!
August 12, 2008
10:53 a.m.
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dnvrmomof5 writes:
I am so distracted today with no verdict yet. I know the job they are doing is intense and my heart is with them. I'm on every local website expecially RMN for the verdict. RMN Staff thank you so much especially Sue, thanks for your commitment.
August 12, 2008
10:58 a.m.
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riverrafter writes:
I for one am glad they are taking their time and reviewing everything thoroughly. every person, no matter what they are accused of desrves that amount of consideration.
I pray the case was strong enough and the jury is resolved enough to see this through to give justice to Chandler.
August 12, 2008
11:09 a.m.
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BigSky182 writes:
What gives Sue? Headline says VERDICT!!.....
August 12, 2008
11:10 a.m.
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m156 writes:
dnvrmomof5, I understand, I've been doing the same. Looks like a verdict is in. That sure didn't take long...
August 12, 2008
11:11 a.m.
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jlong writes:
wtf it says they reached a verdict what is it!!!
August 12, 2008
11:21 a.m.
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BigSky182 writes:
Don't bother writing up something pretty... we just need one word
August 12, 2008
11:21 a.m.
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buffsblg writes:
The lawyers and the defendant do not wait in the Courtroom for the verdict. It takes a few minutes after the jury says they have a verdict to get everyone together for the reading. How long depends on if the defendant went back to the jail and how close the lawyers are. Patience folks.
August 12, 2008
11:24 a.m.
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momof5 writes:
Disgusted: I wholeheartedly agree. I always wonder when people want to sue for damages from a government entity such as Social Services, where do they think the money comes from? Yep, us taxpayers. I for one oppose giving any money to either of the biological parents. Come on, who in a year can't get their act together and agree on a headstone for this child? We've got time to meet with lawyers and file a lawsuit for wrongful death. The biological mom's got time to get pregnant again with a third child. But can't get a job and buy a headstone for your child?
Don't give either of these people a dime. And Social Services, keep a close eye on Tina. Her baby daughter needs someone in her corner BEFORE she's even born. Tina's track record as a parent is abysmal. I've seen alley cats with more mothering instinct.
August 12, 2008
11:24 a.m.
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Kimmikk writes:
GUILTY, according to CBS4.
August 12, 2008
11:27 a.m.
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riverrafter writes:
9News says guilty of 1st degree murder!!!!
August 12, 2008
11:28 a.m.
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CONative1975 writes:
WOO HOO! Guilty on all counts!!!!!! Rot in the prison system, murderer!!! Then when prison is done with you, rot in hell!!!!!!
August 12, 2008
11:30 a.m.
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jlong writes:
HELL YA!!!
I wish I could have been there to see that skums face. He deserves everything he is going to get and then some!!
August 12, 2008
11:31 a.m.
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LC3 writes:
Thank God. Guilty on all three counts, mandatory life sentence.
Justice.
August 12, 2008
11:35 a.m.
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LoneTreeLady75 writes:
GUILTY!!! Chandler sweetheart, its all over now. You can finally rest in peace.
August 12, 2008
11:36 a.m.
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jlong writes:
Angel rest peacefuly now in the arms of god knowing that justice is yours and god shall have his vengence on the evil that once harmed you.
August 12, 2008
11:37 a.m.
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momof5 writes:
Going to immediate sentencing. Life without the possibility of parole is what he deserves.
Rest in peace, Chandler.
August 12, 2008
11:38 a.m.
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EnoughsDaughter writes:
That is exactly what you deserve Jon. I hope you rot in hell for what you did to that little boy.
August 12, 2008
11:38 a.m.
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dnvrmomof5 writes:
Whohoo. On all counts. Guilty!!!!!! Chandler RIP my love.
August 12, 2008
11:39 a.m.
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missmilehi writes:
YES!
August 12, 2008
11:40 a.m.
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Blondo writes:
I wonder if he reacted when the verdict was read since he managed to keep a stoneface throughout the trial.
August 12, 2008
11:41 a.m.
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CDee writes:
Life in GP I hope
August 12, 2008
11:41 a.m.
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SickNTired writes:
RIP Chandler.
August 12, 2008
11:41 a.m.
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jlong writes:
To prosecutors Lamb and Carpenter you did a phenominal job, my hats off to you.
August 12, 2008
11:45 a.m.
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Candice writes:
LC3,
Not only will I be there at the cemetary tonight I will be going to a shelter and donating some toys and gifts in the next couple days I was thinking maybe the crisis center in denver where Chandler and Dominic were taken back in January 2007. Thanks for the great idea.
jlong,
I don't know if you know, but Chandler is buried in the children's section of the cemetary I am trying to locate a map of the cemetary right now for tonight. I will let you know what i come up with.
dnvrmomof5, and aparis
i will be looking foward to seeing you guys tonight at 6pm. It should really be a celebration for Chandler! He was a hero and will forever live in my heart! I agree we need to come up with a law for Chandler so that this horrible tragedy never happens again! Children are the future and we cannot let them down or forget!
trouble22
I promise if we do see Josh tonight we will give him a hug and the message.
I hope Josh if you are reading you come tonight in honor of your precious angel of a son Chandler Ashton Grafner!
YES!!!! finally justice for Chandler! I could not be happier! Thanks to the prosecution for fighting so hard for Chandler. Justice has been served and even though it might have been difficult at times you showed what a scum bag Phillips is. I just wish we could have put that b**** Sarah behind bars forever! I do look foward though to the day Phillips and Berry meet the ultimate judge and rot in hell for what they did to Chandler and Dominic.
August 12, 2008
11:47 a.m.
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Meredith writes:
Thank you Lamb & Carpenter for all you have done. Thank you Ms. Lindsay for your coverage of this trial. Even though I am far away I could keep up with what was happening.
Thank all of you for the interesting comments and advice.
August 12, 2008
11:49 a.m.
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Hussie writes:
Disgusted & Momof5,
Did you not read the posts from Meredith where she clearly stated that they had been looking for Chandler, but were stonewalled?...
Or the ones that stated that Tina was clean and sober at the time of conception, but had developed a drug habit AFTER they had parted ways?...
I hope you never have to experience firsthand the pain they are feeling, since it's obvious you have no compassion...
The fact is, without a Fathers name on the Birth Certificate, something that Tina did purposely, Chandlers "other" Biological family didn't stand a chance...
August 12, 2008
11:50 a.m.
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Meredith writes:
Just so you know Josh has not been reading this. I will try to reach him. Right now he is still in the courtroom.
August 12, 2008
11:53 a.m.
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danirobi writes:
Hats off to Lamb & Carpenter on this case!!!
August 12, 2008
11:55 a.m.
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Enough writes:
Chandler it's over. My tears are for you !!!!! This is not what the majority of us wanted but its what the law provided. I will never forget the pain you suffered, rest in peace sweet little child.
August 12, 2008
11:55 a.m.
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HelpKids writes:
Yes!! I have been praying all day for Chandler. Rest in peace!
August 12, 2008
11:57 a.m.
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Mr_Hyde writes:
Sweet justice for little Chandler! I love it......Time to go into your locked closet, Jon!
August 12, 2008
11:58 a.m.
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Meredith writes:
Hussie -
Thank you. If I have learned nothing else from this attempt to blog it is that some do not have all the facts and yet they are absoultely sure that they know all. I do not know all that has gone on and what has happened. I have learned not to be so quick to judge.
August 12, 2008
12:01 p.m.
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leatherneck writes:
TO:
Jon Phillips,
I HOPE YOU ROT IN HELL, YOU AND YOUR “GIRL- FRIEND” Sarah Berry, DISERVE A SLOW, PAINFULL TORCHER, THAT EVENTUALLY KILLS YOU.
YOU ARE THE LOWEST FORM OF A HUMANBEINGS THERE ARE.
R.I.P. Chandler Grafner .. We will all miss you and always remember how you affected our life.
I will be hugging my 6yo son a little tighter and longer when I get home.
We will be remembering you with 7 minutes of silence.
August 12, 2008
12:04 p.m.
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BigSky182 writes:
Perfect! .... Now FRY the bastard!!
August 12, 2008
12:06 p.m.
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andi38 writes:
AMEN! So glad the jury was able to see through the lame theory the defense tried and a side note, I hope Dr. Factor has his license revoked
August 12, 2008
12:10 p.m.
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ShadyGrady writes:
Picture of Phillips hearing verdict?
August 12, 2008
12:12 p.m.
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Candice writes:
Meredith
I just want to thank you for your family's strength and courage in trying to locate Chandler for so long. Also for the courage and strength Josh has to be there every day sitting in on the trial and making sure justice has been served. I feel sad for your family as Josh was denied the honor and responsibility of being a father. I have a feeling Chandler's death is going to have a great impact on this community and I hope the lazy social workers and just the child welfare system. We need a change in this system but again am glad that justice for Chandler has been served. I wish you and your family luck and love and I really do hope you can let Josh know what we are going to be doing for Chandler tonight I would love for him to be there.
August 12, 2008
12:16 p.m.
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wow writes:
See? I told you there was nothing to worry about. *smiles*
No jury in the known world would have convicted him of anything less.
Sarah is lucky, lucky, lucky, that she was offered second degree murder, or she'd have gotten the same.
Again, prosecution, you really had your hands full, and you rose to the challenge. Thank you so much.
August 12, 2008
12:21 p.m.
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momof5 writes:
Yes, Hussie, I read where Meredith said Josh had been trying to find Chandler; didn't know he was his son until after he died, etc., etc. And I feel sorry for him. And, no, I don't know all the details. But, what I do know is he was not in this child's life EVER. He didn't know this little boy. He did not pay child support and as far as I can tell has done nothing for this child including paying for a funeral and marker.
So, what makes you think he's entitled to sue Social Services (a governmental agency) for wrongful death? And you keep going on about what his rights are as Chandler's biological dad, but you haven't said one word about where you think the money is going to come from. It's going to come from an insurance company that insures the agency or taxpayers like you and I. And I for one do not see why this man deserves money for the death of a child he never knew.
I have had some dealings in the past with Social Services in trying to collect child support from my ex and I don't believe that this man or his family could not find that little boy. In fact, someone in the family said they saw him in a grocery store a few months before he died. If you were looking for your son/grandson/nephew or whatever and you saw him in a store, wouldn't you follow them to see where they lived? I would. I would tell Social Services. I would find an attorney to help get custody/visitation/request a paternity test if I thought I was the child's father. Can't afford an attorney, well, guess what, there are agencies that help you with that too.
I am sorry that Josh never knew his son. I'm sorry that Meredith never knew her grandson. I don't know what they did to find him. But I do know that as a parent, if I had held my grandson in my arms at the hospital, I would have done whatever I could to find him, not just let him drop off the face of the earth.
And, I sure as heck wouldn't be suing for $150,000 when I hadn't even bothered to get a job and try to buy a headstone and pay for a funeral for my own kid.
August 12, 2008
12:23 p.m.
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momof5 writes:
I've listened to Meredith talk about how poor she is. Well, most of us on here aren't rich either. I'm certainly not. But I do have common sense. I do know that there are agencies and people there to help you if you keep trying.
Who knows, maybe the insurance company or the county of whatever will agree to pay these people and their greedy lawyers (who will be taking up to half of the judgment) something just to make them go away. I imagine someone like Tina would settle for less than the $150,000 just to get her hands on the money. The rest of us taxpayers can pay for the fact that this little boy was doomed before he was born with her for a mother.
Regardless, I am grateful for three things. One that the jury came back with a verdict for first degree murder and that piece of garbage will spend the rest of his life in jail. Second, that Sarah had brains enough to realize that the diabetes defense was a joke and that she should cut her losses and take a deal instead of taking a chance on first degree murder. That saved phone message where she told Jon that Chandler was going to kill them if he didn't get a drink was enough to prove intent.
But, most importantly, third, Chandler can rest in peace. He is in the loving arms of his Father in Heaven and free from the people who abused him and neglected him.
Rest in peace, Chandler.
August 12, 2008
12:24 p.m.
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denverinfidel writes:
Here's to hoping the animals get him in prison. I cannot conceive of a punishment brutal enough.
As for everyone's anger and disbelief over this event (mine included), it needs to be channeled into something productive. There are many, many ways to help children and families who are currently in danger. Thoughts, prayers and stuffed animals are great, but they don't mean sh*t to this dead boy. He was failed so miserably by our community it is sickening.
Lets all find some living ones to help.
August 12, 2008
12:31 p.m.
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momof5 writes:
And you say I have no compassion. My compassion is for Chandler, Dominic and others in their situation. I have compassion for Tina's unborn daughter because unless someone is watching over her, she doesn't stand a chance.
I don't have any compassion for someone who fathers a child and abandons that child or for a mother who loses custody of her children because she can't stay off the dope. At any time during Tina's pregnancy and when Chandler was born, Josh could have requested a paternity test if he thought the child was/wasn't his. He could have involved social services even back then but didn't.
Justice was served in this case for Jon and Sarah. They got what they deserved. And the rest of the adults in this little boy's life will have to live with the consequences of their actions/inactions for the rest of their lives. I guess that's the most we can ask for.
August 12, 2008
12:33 p.m.
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ColoNative writes:
Has anyone thought of the counseling needs of the jurors? There are legitimate concerns for post traumatic stress as a result of being subject to the horrors of this event.
August 12, 2008
12:39 p.m.
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Scott writes:
ColoNative,
I totally agree with your comments and questions. Adams County has the pathetic "tips" regarding observations that the jurors should talk to one another. This is absolutely pathetic. What they should do is force the defense scum (lawyer) to pay for any and all counseling for any juror that requests it. Naw, the Colorado Brothel Association would never go for it. BTW, I've got to serve on Adams County jury on the 20 of this month. Listening to two pathological liars is NOT my idea of fun.
Scott
August 12, 2008
12:39 p.m.
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leatherneck writes:
ColoNative: I agree totaly, how traumatic that must of been. I would not have been able to sit on that jury, without trying to get some justice for Chandler right there in court.
August 12, 2008
12:40 p.m.
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Scott writes:
Regarding the verdict. Get me a machete and I'll sentence this POS right now. His defense scum will then be forced to clean up the mess.
Scott
August 12, 2008
12:48 p.m.
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Richard_Saunders writes:
I am glad that this is finally over and that justice has been served. I think we all knew what the verdict was going to be given the evidence presented, but I have to say that I was surprised at how quickly the verdict was reached, think that the jury knew a lot more than we did. Once Berry pled to 2nd degree murder last night, I knew that there was no doubt Phillips would get convicted on all counts. Nutriloaf and swamp water for these 2 monsters for the rest of their natural lives!
I am glad it is over and justice was served for Chandler, but I cannot rejoice. Phillips and Berry have done so much damage, destroyed so many lives by their selfish acts, traumatized so many people and have left a path of wounds that will take years to heal, if they can ever heal at all. No verdict can erase what they have done.
Sue- Thank you for keeping this blog up-to-date and running the entire time. No other news channel provided this service and this was the only place I came to read about what was going on and how people were reacting. I hope that this blog can be left up for a while longer so we can continue to comment and support each other. And I hope you can do some follow up reporting on what is happening after this- what is going on with this 'report' the state is putting together on the inadequacies of social services and the 'changes' they recommend, and implement.
All of us here need to come together and do what we can, keep an eye on our own children and grandchildren, question things that don’t feel right, write letters, pass petitions, talk about this tragedy, make phone calls, raise our collective voices and shout “We will never allow this to happen again!” Keep the pressure on our leaders to prevent another tragedy like this (and all the other innocent children that have been murdered by their parents/caregivers) from happening again
August 12, 2008
12:50 p.m.
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JB writes:
Candice-
And those of you planning a memorial:
Since I do PR for a living... I recommend emailing the following with your plans. Be sure to include the Who, What, Where and Why.
If you move quickly, the Post and News can put it on their websites, and all of the local stations can get it on for their 4pm broadcasts.
Rocky Mountain News
Denver Post
9News
CBS4 News
Fox 31
7News (ABC)
WB2
Each of their websites should have a "news tip" link. Just craft something and paste into each form. Good luck.
Chandler, RIP little buddy. Justice is finally done for you.
August 12, 2008
12:50 p.m.
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grandma6 writes:
In our case, we ended up being lucky enough NOT to go to trial. In thinking about all these people, jurors, judge, prosecutors, etc, I had started working on a Storybook of pictures showing how healthy and happy she now is. I know what we have had to deal with and I can't imagine how traumatized all of those people must be. Even after almost 3 years, my husband will still have nightmares. Just the thought of how bad she looked will bring him to tears. They are definitely in my thoughts and prayers.
The prosecution did a WONDERFUL job! I also hope that they will be ok as well. I'm sure the guilty verdict goes a long way towards helping them cope.
The people in this region need to appreciate what wonderful people we have in very thankless jobs. I have proven fact now that Denver and Arapahoe Counties have several QUALITY people working in the DA's office. KUDOS to all of them!
August 12, 2008
12:51 p.m.
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Meredith writes:
buffsblg
According to my son Phillips got life without parole + 49 years. Why the 49?
August 12, 2008
1:07 p.m.
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fiesty writes:
I wish it had been the death penalty, but at least he was found guilty on all charges. Looks like the jury deliberated in record time too- I'm glad they didn't fall for the cr*p the defense tried to claim. RIP Chandler.
August 12, 2008
1:09 p.m.
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BigSky182 writes:
3 counts, 3 convictions, 3 sentences -
Murder = Life without parole + Child Abuse = 48 years + evidence tampering = 1 year.
It's all just a formality anyway... this creature won't last 49 days.
August 12, 2008
1:09 p.m.
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missmilehi writes:
Meredith - if you read the 12.33 update it says twice what each count is and the sentence associated.
August 12, 2008
1:14 p.m.
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HelpKids writes:
Why is Berry's sentencing not until late next month when they just sentenced him?
I know she took the deal but could her sentencing be changed due to Phillips' verdict and sentencing?
August 12, 2008
1:23 p.m.
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Nada writes:
Did I miss something...Where were the grandparents on both sides of this child and why did they not seek custody. The biological parents of this child make me sick. They are quick to lay blame but where were they? Starving to death takes awhile so it seems the grandparents on both sides and the parents hadn't seen this child for awhile. I don't understand why the step-father just didn't say "Hey I can't handle this kid" and turn him over to the state. Any answers?
August 12, 2008
1:32 p.m.
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SLAP writes:
I am happy that this monster is in prison for the rest of his life....he owes that to Chandler. It is a shame that we can't convict him for emotional distress to a nation and all who were following this case. I have a 2 yr old son, and everytime I hear of this case it makes me want to rush home from from work and play and embrace my boy.
August 12, 2008
1:32 p.m.
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JB writes:
Nada-
You need to read thorough some of the hundreds of comments above. Apparently the biological father was in the military and wasn't even listed on the birth certificate. The paternal grandmother has been trying to find Chandler for years but because her sons name was left off the birth certificate...was stonewalled in her attempts.
I'm not sure what the excuse of the biological mother or her parents is... from what I understand she's a train wreck and couldn't have cared less...and her parents actually sent Chandler back to Jon even after being told by him what Jon was doing...
August 12, 2008
1:37 p.m.
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Nada writes:
Thanks JB
August 12, 2008
1:39 p.m.
Suggest removal
buffsblg writes:
Help
Phillips sentence was mandatory with no discretion so there was no reason to hold off on the sentencing. On Berry the judge must approve the plea bargain and sentence so the case is continued for a pre-sentence report. That is almost certainly a formality, but it is required. She will get the 48 years and likely die in prison. Remember she has no appeal from a plea.
This is a terrible case. While I cannot believe that good can come from this tragedy, I do hope that some changes in the system will be instituted to help reduce the likelihood of a repeat. If some people who were offended also volunteer their time and energy to help kids, then so much the better.
And while I should just ignore his rants, as expected here comes Scott acting like he had something to do with this and as usual attacking the lawyers for trying to see that even bad folks get a fair trial. Even when the verdict is the one he wants, he still has to get on and act like the childish insult monger he is. Of all the offended people on here, Scott is the one least likely to actually do anything to change the system or really help kids.
August 12, 2008
1:43 p.m.
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EnlightenedOne writes:
And for everyone who was questioning "StephEvil's" username on the earlier blogs, the Denver Post had this to say:
Stephanie Evilsizer, 25, looking at Phillips, said "He tore our entire world apart. Our spirit is broken down because of this monster sitting here."
She now has a huge responsibility on her shoulders with little Dominic to care for.
August 12, 2008
1:49 p.m.
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Scott writes:
buffsblg,
I've never ever said that I had ANYTHING to do with this case. I leave lying to professionals ... you lawyers ;-)
Oh, by the way, I help kids by tutoring them in math and physics at a local high school. Now your were insinuating or just once again being a lawyer?
Scott
August 12, 2008
1:53 p.m.
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mtcpsworker writes:
A poem I wrote for Chandler after learning of his death. It will have to be in two posts, because it is too long for one.
Chandler Grafner, a child whom had to fight for his life from the moment he was born,
Left this earth much too soon, leaving behind all that have heard his story to mourn.
Mourning for a child, many never had the blessing to know,
He has now left us, and is buried in the ground under heavy snow.
He is among the angels in heaven to watch over his little brother and sing,
This little angel known affectionately on earth by his family as “Bing”.
Why, why would someone hurt this child, a sweet, innocent child that shown his bright light on this earth for only seven short years?
Why, why would someone stave him, abuse him and bruise his little ears?
The grief that over takes me at times is almost too great to bear,
My heart starts to physically ache and I wish and pray to God that someone could have been there.
I run over and over through my mind, if we could have changed this or that, you might still be here.
I wish you could’ve called out for help somehow, and am sure you wanted to, but could not out of fear.
I know you are now with God, happy, smiling, and at peace,
However I must tell you, this conclusion has not come to me with much ease.
When I first read about you, I have to admit, I cursed and threatened God, and wanted to quit.
Believing in Him, life itself, and the job at my desk where I sit.
Because you see, I work for the agency, whose job it is to protect you, and we failed.
We failed for many reasons, that offer absolutely no excuse, reasons that have since been unveiled.
Although I do not work in your county, or even your state, I wish I did, for a chance to somehow have been able to change your fate.
I have had a hard time excepting that no matter how hard I wish or pray things could have been different for you, it is too late.
August 12, 2008
1:54 p.m.
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Disgusted writes:
Meredith, best of luck to you and Josh. Justice was served and hopefully the healing can begin.
August 12, 2008
1:54 p.m.
Suggest removal
mtcpsworker writes:
So, I pleaded and begged God for signs you were with him and at peace, and that angels surrounded in your last weeks.
As a not very religious person, whom came very close to no longer believing, I now believe one receives from God, what one seeks.
The signs came in very innocent form.
One of which I almost missed many times in watching my seven year old son, because it reminded me of you, and made my heart feel torn.
The pose in your picture where one arm is up over your head and the other arm pointing straight forward.
With the big smile, that told me there were definitely times in your live, you knew true happiness, especially with the person you were looking toward.
My son began this new dance shortly after your death, it included your pose and huge smile, which told me God knows.
He knew I had prayed to him for a sign that you were at peace and I needed a sign, and this pose of yours is the one He chose
I still struggle some days just to make it through, especially when I read the latest article that outlines details about what happened to you,
But I know that if you were able to speak to me, and tell me what to do, you would tell me to continue doing my job well, so maybe I can save another life or two.
Thank you Chandler, for the little boy you were, and the beautiful angel you are now,
I will continue the journey to fight for children like you, this I vow.
August 12, 2008
1:56 p.m.
Suggest removal
Scott writes:
mtcpsworker,
Please consider submitting your beautiful poem to both the News and Post for them to print. The rest of Colorado should see your work.
Thanks,
Scott
August 12, 2008
1:58 p.m.
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buffsblg writes:
Tell me Scott, when you tutor do you teach kids that the adult way to interact is to call names and insult? Do you preach your gospel of hate and attack? do you teach them that all conversation must be about you and your thoughts (what does your jury service matter to this case)? To be blunt you contribute nothing to the discussion but insults and personal attacks and even those are neither funny nor creative. Grow up, take your meds and leave the discussion to the adults.
August 12, 2008
2:01 p.m.
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mtcpsworker writes:
Thanks Scott! I wanted so much to be able to somehow pay tribute to Chandler, and this was the only way I could think of. Nothing much I know, but it came from the heart.
August 12, 2008
2:03 p.m.
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Scott writes:
mtcpsworker,
I truly shows that your poem came from your heart. Anything from the heart is a LOT and your poem is a whole heap full.
Scott
August 12, 2008
2:09 p.m.
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momof5 writes:
Chandler’s grandmother Sandra Younger said, “He took my beautiful grandson from me. He did this knowingly and with malice and hate in his heart and he did it to destroy my daughter. I hope every day he suffers the way my baby did. I want him to live in the terror Chandler must have lived in. He is a monster. I miss Chandler every single day. I have a new grandson that will never know Chandler except from us.”
And this is the same woman who sent Chandler back to live with Phillips. Now they all want to play the victim.
There are real victims in this case. Chandler. Dominic.
And there are perpetrators: Phillips, Berry, Tina, and the rest of the adults who knew this child was on this earth but couldn't be bothered to find him, look out for him, love him.
Rest in peace, little man. Justice was served for you today by the citizens of Colorado.
August 12, 2008
2:18 p.m.
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bladerunner writes:
Can anyone tell me why he was not eligible for the death penalty? I realize it is rarely applied in Colorado. But as far as I'm concerned, what this guy did is just as heinous as anyone who is on death row.
August 12, 2008
2:24 p.m.
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Bmac writes:
I agree bladerunner - death by starving in a cramped cell! That's what this sorry piece of you know what deserves.
August 12, 2008
2:30 p.m.
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Blondo writes:
They are going to appeal. So disgusting.
August 12, 2008
2:30 p.m.
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gs writes:
Buffsblg, thanks for your narrative and research. It truly was appreciated by me and by others here. Please don't react to Scott taunting you. You'd be surprised at what people write. When a woman we referred to as our daughter in law got run down by a limo you should have seen the cruel comments. I don't know what moves people to write such things. But by reacting I think it goads them to write more. Many thanks again.
August 12, 2008
2:37 p.m.
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opinionatedcolo writes:
Good riddance to this guy. Dying in prison is about right. I hope he gets solitary in a cell not much larger that the closet and dies there.
I have to laugh about all the folks congratulating themselves on their concern for Chandler. The child protection system has been screwed up for years and no one on here gave a damn about it until this case hit the front pages. My guess is that all of these do gooders and vigilantes will sign off proud of how you expressed your "concern" and then go on to their lives and not give a second thought to the next Chandler who is still trapped in a system with no one to care about him. And in the unlikely event that the legislature does grow a pair and try to put more money into the system, the same folks who care so much now will get on here and complain about their taxes and what a waste they are. Outrage is easy, but fixing a broken process takes money and time and commitment and these folks on her will not be there for the long run. go ahead and write poems, but do not have the delusion that anyone is being helped.
August 12, 2008
2:38 p.m.
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ChellePants writes:
WooHOO! It is nice to see justice served. Rot in prison Jon & Sarah, you deserve worse but this will due until God gets ya for you two did to Chandler & Dominic. Tina & Sandra Younger should just pack up and take a bunk next to Sarah.
August 12, 2008
2:48 p.m.
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Scott writes:
ssqured,
I agree that a person is to be properly represented by a defense lawyer. What REALLY hacked me off with the two things that represented this POS is their manipulation of the diabetes stuff. That was just plain out-n-out deception/lying. Also, if these two things really did not like representing this POS, if your heart is correct, then maybe these two things should find another profession.
As a side note: Remember back to McVeigh's trial, his defense lawyer(s) did not pull all kinds of lies and deceptions from their backsides. They made sure that the rules were followed, but to the best of my recollection, they did not prostitute the system to make a name for themselves. That, in my opinion, is what a defense lawyer is suppose to do when representing a POS.
Scott
August 12, 2008
2:48 p.m.
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WestminsterJ writes:
Now that the verdicts are in and this scum have been sentenced, I want to take a stab at what motivated this and other similar crimes against children. Needless to say, none of this is to in any way excuse what was done.
I think it stems from the feeling of helplessness some people have in the face of life, and their pathological need to exercise complete control over something or somebody. I actually think it's normal to feel a lack of control in our present society; most of us as individuals have very little power even over things that directly affect us. Some people take this need to a pathological extent and choose to exercise a totalitarian control over something or someone that is dependent on them. That thing or person becomes a scapegoat for all the things that the guardian feels are oppressing them. I think a lot this explains a lot of child and pet abuse.
August 12, 2008
2:48 p.m.
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buffsblg writes:
bladerunner
I posted thoughts on the death penalty, but they are hard to find in the hundreds of posts. The prosecution said that they did not seek death to spare Dominick having a role in his father's death. There may also have been concerns that although there was enough evidence to meet the "knowingly" standard, there was a question of proving intent.
August 12, 2008
2:52 p.m.
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Scott writes:
"Blondo writes: They are going to appeal. So disgusting."
Agreed, but I would not have expected any less. It's all part of the game ... and more $$$ for the lawyers ;-) Also, if the lawyers can get the conviction reduced, then they can charge $$$$$$$$$ for the next POS that they represent.
Scott
August 12, 2008
2:57 p.m.
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HelpKids writes:
Candice-Can you let us know about the memorial this evening?
August 12, 2008
2:58 p.m.
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BigSky182 writes:
Does anyone REALLY believe this man will survive in prison long enough to appeal the case?
August 12, 2008
2:59 p.m.
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BigSky182 writes:
And even if he DOES manage to survive and, by some gross misinterpretation of justice, the murder conviction is reversed... he still has 49 years for the other two charges.
August 12, 2008
3:03 p.m.
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buffsblg writes:
Now you are just making stuff up Scott. A qualified pathologist testified that to him the facts were absolutely clear that the child had diabetes. That was not a lie made up by the defense but a medical opinion by someone who knows more about it than you ever could. Yes, the jury believed the other medical evidence, but to claim that the defense attorneys "lied" about that evidence is just a reflection of your prejudice and unwillingness to acknowledge that medical opinion might differ. You are just throwing a fit because someone disagreed with your preformed ideas.
Your opinions are clear, you hate lawyers and you stick to that position unless you are called on it by reasonable people. then you back and fill and justify and generally admit that you are an name calling troll with nothing to contribute but bile who cannot even justify his own hatred.
August 12, 2008
3:08 p.m.
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HEBtommy writes:
Congrats to the prosecution! But once again we see government failing the most innocent among us. When will we expose this for what it is, a "festering wound" and fix it? The first priority of government is to provide for the safety of its citizens. When will Bill Ritter take this one on instead of his fantasies about man caused global warming? What are his priorities?
August 12, 2008
3:11 p.m.
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ChellePants writes:
No I don't think that he will last long in prison
August 12, 2008
3:12 p.m.
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buffsblg writes:
Scott
Couple of points: The lawyers who do the appeal are different than the lawyers who do the trial. Both sets are court appointed and do this at rates way below their private pay work. These folks do not do it for the money, they do it because they believe that even bad guys need representation. They are also aware that their work subjects them to moronic insults from fools on message boards and they are usually proud of that. They understand that people like you do not believe in due process, but they do and take the hard jobs to make sure it works.
August 12, 2008
3:20 p.m.
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SeekKnowledge writes:
Scott, I try not to engage people like you, but you've written so many things that are just flat out wrong. Sir, you truly have no idea what you are talking about. 1)The defense attorneys didn't make-up the diabetes argument. Doctors, SEVERAL DOCTORS, IN FACT, diagnosed diabetes based on scientific analyses. 2) These are ADC lawyers, they were assigned the case by the state. 3) Because it was an ADC case, they spent countless hours making a small fraction of what they could have been making on other cases.... They do this because they believe in a system where everyone is entitled to a defense. They also do it because law enforcement officers and investigators often make horrible mistakes; and sometimes prosecutors over file and over charge; and sometimes evidence stacks up and can make a truly innocent person look guilty. If this ever happened to you, Scott, I would hope that even you had a competent defense attorney.
August 12, 2008
3:23 p.m.
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Advocate4TheChildren writes:
So now our tax dollars get to house the child neglecting schmuck, and Berry gets a better deal all because she now wants to play the Audra Dowler card. Another man takes a woman's offspring doing whatever he feels like doing or not, while mom, who couldn't take care of her kids to begin with is now pregnant again; who is to say she won't be all hopped up and in trouble again? Would our tax dollars contribute to paying for another child that Christina Graffner couldn't take care of from the beginning?
Our laws in place today are only protecting the criminals, not the victims. Don't believe me? Look up other local such as stories Tanner Dowler, our own government failed these children and pay for no penalties. Time for a change in our local system.
August 12, 2008
3:25 p.m.
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EnoughsDaughter writes:
opinionatedcolo
I saw your post at 2:37. My question to you is where in the hell were you when this tragedy happened to Chandler? What makes you so much better and different from anyone else showing their concern?
August 12, 2008
3:33 p.m.
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MyThreeSons952 writes:
mymilehi: that song was perfect. It made me cry just listening to it.
Here is the link again if anyone wants to listen to this song, it sends a great message.
http://www.youtube.com/watch?v=ITM2AK...
August 12, 2008
3:34 p.m.
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sunshine07 writes:
Blffsblg, thanks for your inisghts in this case. I for one am glad our legal system worked well enough to put him in prison for life, and Berry won't likely ever step foot out of prison.
Let's all channel the sorrow and emotion from this case and put it into something positive. I think of how many people this case has touched, and the huge potential for every one of us to make a difference.
August 12, 2008
3:41 p.m.
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ghostie writes:
I've got a curiosity question; what DOES happen with child abusers in prison? I've heard stories that they get beat up, harrassed and occasionally killed, but is that really true or just a belief from a few sensationalized stories? Believe me, I hope Phillips gets everything that's coming to him, especially a sense of profound remorse. But is that really true, or just something we say to make everything seem a little better? Anyone had any experience with the system?
I was also thinking; I wouldn't be surprised in Phillips was actually treated similarly when he was growing up, too. These things often run in the family, and given the lack of intervention from his parents on Easter dinner, they may have thought it was an appropriate way to punish. I wish the whole lot of them could be wiped out, it's just so sick.
August 12, 2008
3:41 p.m.
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opinionatedcolo writes:
I never claimed to be better than anyone else nor am I interested in defending my contribution to society. What I pointed out was all this overblown outrage will pass without any changes because the extent of people's concern is to mouth off on message boards. If this does result in changes and things do get better then I will stand corrected, but I have my doubts. Put your money and your time where your mouth is.
August 12, 2008
3:42 p.m.
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riverrafter writes:
Buffsblg, why is it OK for you to call other people names when you take them to task for doing the same thing?
August 12, 2008
3:45 p.m.
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EnlightenedOne writes:
buffsblg writes:
Couple of points: The lawyers who do the appeal are different than the lawyers who do the trial.
Why is that, buffsblg? Is that so the new attorneys can point out any perceived mistakes of the first set of attorneys?
August 12, 2008
3:50 p.m.
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riverrafter writes:
Ghostie, my brother is a corrections officer in NY. He said once the GP finds out there is a child killer or molester among them, usually they have to be seaprated and put in solitary for their own safety (and the safety of the guards). If they get found out before they get separated, all bets are off.
August 12, 2008
3:51 p.m.
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EnoughsDaughter writes:
opinionatedcolo
If you are not interested in defending your contribution to society then why say anything at all? Maybe you don't have a contribution, is all I see you doing is an "overblown outrage will pass without any changes because the extent of people's concern is to mouth off on message boards", straight our your post!
August 12, 2008
3:52 p.m.
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EnlightenedOne writes:
OpinionatedColo
Your broadbrushed attack on everyone is not contributing anything to society. You know nothing about the posters on this board. Perhaps you should go "mouth off" on another board.
August 12, 2008
3:54 p.m.
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buffsblg writes:
You are correct enlightened. Having different attorneys prevents a conflict and also allows a new set of eyes to look for legal errors.
You have a point rafter, all I can say is that Scott, as he means to do, gets under my skin with his unwarranted and factually inaccurate attacks. In addition, his attacks are on people he does not know on matters in which he is demonstrably ignorant, whereas mine are based upon his purposely chosen posts. When I call him a fool I should instead say that what he says is foolish, incorrect and deliberately false.
August 12, 2008
3:56 p.m.
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EnoughsDaughter writes:
Thank you EnlightenedOne!
August 12, 2008
4:08 p.m.
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buffsblg writes:
Opinionated is also a loudmouth, but I fear he may be correct in that the anger over this case will not result in actual change. This is not the first time a kid that was known to the system has ended up dead, but the system keeps failing. I certainly hope that at least some of those who post on here will take steps individually and through their representatives at the federal state and county level to make things better.
August 12, 2008
4:21 p.m.
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Nada writes:
Worked in a Colorado prison. There may be a few inmates who take offense that a child was abused or killed but a majority of them are just serving their time. I knew one inmate who was in there for a child dying and he was the biggest s-ck up to staff. If something did happen to that inmate you can bet (unless the inmate dies) you won't hear about it and the inmate it happened to won't tell who did it to him.
August 12, 2008
4:33 p.m.
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davies writes:
my name scott. scott not know all lawers, but scott know all lawers bad because they are all bad and dishonest and corupt. scott say lawers should know which side is right or rong and should not work for rong side or help them. then lawers would be good, and not let stupid juries and juges decide who wins. scott say this wood be fair then.
scott
August 12, 2008
4:39 p.m.
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ghostie writes:
buffsblg (and by the way, thank you SO much for all your insight into the legal proceedings) -
I think the change is a much slower process than any of us would like, but I really do think it happens, especially after highly-publicized cases like this. Already Social Services is under intense scrutiny and most of their staff has undergone re-training from what I've read. I believe that everyone who has followed this case is now a little more aware of the signs of abuse, a little more likely to support legislation that protects children, and a little more likely to donate or volunteer when the time is right for them. Maybe even a little more likely to raise children who will someday go into professions to help others. Let it be the gradual process; yes it's frusteratingly slow, but much more likely to create lasting change. And I can tell you from my own work with a non-profit, they DO benefit from the additional donations, even if it's a short-term boost.
Keep in mind that child abuse is nothing new. It's been going on, to a much larger extent than today, for thousands of years. Only in the last hundred years or so has society collectively said "we will not tolerate this." We see this in the form of child abuse laws, child labor laws, education, and appointment of specialized people to oversee everything (a program that may need work, but has been in existance a relatively short amount of time). 150 years ago, I doubt anyone clever even went to prison for killing a child - it would have been much easier to cover up, and more people just assumed it was none of thier business.
I really get tired of the "what is the world coming to" posts (not from buffsblg, but a few other posters said it). Our nation, at least, has vastly improved when it comes to our human rights and the care of those who cannot care for themselves. Phillips/Berry are monsters, but they represent a tiny, tiny fraction of our society. I know it may feel like two steps forward, one step back, but let's not lose all our faith in humanity for the actions of a very few, very sick individuals.
August 12, 2008
4:40 p.m.
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Candice writes:
help kids-
just to let you know I will be going to mt. olivet cemetary tonight at 6pm. the address is 12801 w. 44th ave wheatridge co.
August 12, 2008
4:55 p.m.
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Hussie writes:
Regardless of what ANYONE says, I support Josh in his quest for Punitive Damages (Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in.) against Social Services for their inaction...If hitting them in the pocketbook is what it takes for reform, so be it...They haven't learned any other way...Or from the deaths of any other children...
To Meredith;
Congratulations on the verdict...I hope it brings you some form of closure, and relief from the sadness you must feel...Tell Josh that some of us actually do see his point, and empathize with his plight...Had Tina been honest at the time of Chandlers birth, he would still be here, likely living with his REAL Father and thriving...
Chandler is now in Gods hands, and will continue to serve as a lesson to us all about just how precious life is...
Take care...
August 12, 2008
4:58 p.m.
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HelpKids writes:
Ghostie-nice post! I most definately have become more involved and it is a gradual change. That is why in most of my postings I am encouraging people to not give up. Especially now that this case is done, don't give up calling our state legislative and volunteering our time to help others.
August 12, 2008
5:03 p.m.
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Meredith writes:
Hussie
Thank you for your kind words. It really feels like an ending. Hopefully, Josh will be able to pick up the pieces now and move forward. I have not come to terms yet with all that has happened. It will take time. There are so many sides to this story that it is difficult to know what to believe. Good luck all and please keep an eye out for the next child.
August 12, 2008
6:23 p.m.
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OPN3rdEYE writes:
Phillips will be violated in the most uncomfortable of orifices for all of eternity by every man in hell who was abused and tortured like poor Chandler.
This is one of those guys I wish was alive at a different time or place. More specifically, the time and place of public death and mutilation as punishment.
August 12, 2008
8:01 p.m.
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annie143 writes:
I am so glad this is over. As far as I am concerned, Chandler can rest in peace. When I need to touch base with the little guy, I will look at the picture a friend of mine, who visited the gravesite last year, sent to me. But I never want to hear or read another thing about what happened to Chandler.
Whoever said that "the people of Denver came together to support a headstone for little Chandler" doesn't know that people gave from all over the US of A.
And for over a year, letters, phone calls, emails have gone out from some of us to newspapers, government agencies, the governor of Colorado, urging justice for Chandler and others in similar tragedies.
I recieved a call from a non profit agency for children in Colorado and I live out of state because I had been active and vocal. For whatever it accomplished, my small voice was heard.
Not saying others are not concerned but, like someone said, become an advocate for children everywhere and put your words into action.
mtsps, the poem was beautiful. I never read it without tears.
Good luck to all involved in this horrible tragedy, except for Jon and Sarah.
August 12, 2008
8:04 p.m.
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annie143 writes:
Oh yes, I believe it said in the live feed up above that Sarah Berry would have to serve 75 % of her sentence before she would be eligible for parole, at age 56, if she received the expected sentence.
August 12, 2008
9:18 p.m.
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EnlightenedOne writes:
Annie: Thanks for all you've done. More evidence that "opinionatedcolo's" comment at 2:37 PM today was off the mark. People don't need a lecture from some disgruntled blogger to get involved.
August 12, 2008
10:01 p.m.
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ObiWan writes:
Warning to 9News: Paula Woodward (or anyone else from the "9 wants to know Team") SHOULD NOT go for a jailhouse interview on this one.
That's great if she wants to interview white-trash Shauna Nelson, and that's great if she interviews some gang-banger who knows something about Darrent Williams' murder.
But neither Berry or Phillips deserve to be interviewed. Period.
But I bet it happens!
August 12, 2008
10:12 p.m.
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EnoughsDaughter writes:
Thank you Candice for setting up the memorial for Chandler. My mother and I went. We let seven balloons fly to heaven. I hope you got them Chandler, may you rest in peace.
August 12, 2008
10:41 p.m.
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annie143 writes:
Is anyone else ready to take on the two CPS workers that orignally put Chandler with Jon Phillips and also sent Chandler back to him after blatant abuse ? They should not walk away from this unscathed. If not criminal charges, then they should be fired for lack of ability to do their job resulting in death.
And, please, dont anyone start at me about theCPS workers being overworked and underpaid.......
But I am ready for a campaign to see that these two workers dont make a mistake like this again.
August 12, 2008
11:51 p.m.
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lawgirl9 writes:
Annie, I would love to see them charged. Unfortunately, I think that these CPS workers probibly got a raise and a pat on the back versus being fired and charged.
August 13, 2008
8:37 a.m.
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BigSky182 writes:
I'm right there with you Annie. I can overlook having placed him with this guy in the firt place, as I have not seen anything that suggests they should have known there was a problem right from the start... but returning him after there were obvious indications of abuse.... in my opinion, that's truly criminal.
August 13, 2008
9:42 a.m.
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jlong writes:
FYI
I am signing up to be a volunteer Guardian at litem ( lol hope thats spelled right) if any one else is interested I will post all the details tomorrow. I do not know what the qualifications are yet.
I am currently in school close to graduation and my original area of interst was civil suits but after this case I may be changing my interests more into family law. I think we all need to stand together and demand a change. I feel honored to be a part of this community after seeing all the people who never knew Chandler so deeply effected, I never had the honor of knowing him but he has forever changed my life. If we can all come together after a tragedy why not come together before another one happens? If anyone has any suggestions on who complaints should be made to politician wise I would be very greatfull.
August 13, 2008
11:18 a.m.
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annie143 writes:
jlong, what a wonderful thing if you went into family law.
Earlier, someone posted that they had been in contact with the 2nd in command in the governors office and though they had received a canned response, they thought that was a better avenue than the govenor. I will look back up through the posts here.
Isnt there a website that will provide petitions or should it be done off the net or should it just be emails and phone calls from each individual? I am open to suggestions. I think there should be some accountability. And, I think the person that placed him with Jon should have probed more. The grandmother and the mother said "jon had hurt Chandler" and Chandler, at one point, ran away to keep from going to Jons. That is documented. Tell me that doesnt matter ?
It hurts to write about it. I almost cave under the pain of those thoughts. I dont want revenge, I want accountability.
I work with the guardian ad litem program in another State. But, I only try and do things for them that frees up the guardians to do their job. I am not temperamentally a good person to represent the kids. I would bring them all home with me. God bless you for taking on that job.
August 13, 2008
11:47 a.m.
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jlong writes:
Thank you Annie143
I didn't know what else to do, I never imagined that a stranger that I would never meet would have this kind of impact on my life. From the first day of the trial up to the last moments I have been on an emotional rollercoaster. When I heard that Chandler had said no one loved him, I just fell apart and all I wanted to do was kiss his little face. I agree that revenge will not change or help, holding those accountable and preventing this kind of cruelty from ever happening again should be everyone's priority now. This community needs to honor Chandler, let his death bring fourth something positive rather then the stigma of the tragedy. There are petitions you can get on line that usually are sent by visiting a site or forwarding through email than once enough signatures have been recieved it is forwarded to the govoner? Or any one in legislastion who will listen and in a position to do something about it, maybe that is the best place to start?
August 13, 2008
3:59 p.m.
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ObiWan writes:
If you've never heard the audio of the phone message in this case, go to:
http://www.completecolorado.com/Grafn...
Unbelievable.
August 14, 2008
7:19 p.m.
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annie143 writes:
I know people have to get on with their lives and no one may be looking at this blog but, our voices will only be heard if we speak out.
http://www.colorado.gov/apps/oit/gove...
This is supposed to get an email to the govenors office.
August 15, 2008
8:22 a.m.
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Richard_Saunders writes:
annie- thank you for the link, I am going to send an email this weekend. I had to take a step back for a few days and recover from the horror of this trial and what happened to innocent Chandler. And still there are stories almost every day of children dying somewhere in this country because of abuse or neglect.
Does anyone know what more is being done? Petitions, a protest on the Capital steps, a rally somewhere, marching to the DNC demanding more be done to protect our children? I think having gone though the 'system' myself with my kids and having to deal with a narcissist like Phillips may give me a different perspective and hopefully some insight that can be used to prevent another tragedy like this.
January 25, 2009
5:41 p.m.
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seizersofEVIL writes:
God bless Chandler.God will deal with all those responsible for his death & neglect.I hope to clear up stephevil name , if any one cares at this late date.My oldest son is an Evilsizer.The name means seizers of evil.they were ancient priests that went from village to village ridding homes of evil spirits.God bless you stephevil,in your journey with this child.I will pray for all of you. Much love,Ed's ex wife,Tami