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 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.

• 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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  CDee writes:

  Never-ending, helpless, fear- however they could experience that would be OK with me.

• July 30, 2008

  3:03 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  Heidi writes:

  wilson is just a lonely soccer ball on a deserted island.

• August 1, 2008

  12:15 p.m.

  Suggest removal

  Heidi writes:

  What a terrible fate he was dealt......

• August 1, 2008

  12:18 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  Gonzopozo writes:

  Free will. We all have it. And we'll all answer for our actions.

• August 1, 2008

  2:12 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  shey writes:

  maybe he doesn't like his client.

• August 1, 2008

  2:47 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  SickNTired writes:

  Agree mcmooreacctnt.

• August 4, 2008

  10:43 a.m.

  Suggest removal

  Gonzopozo writes:

  This is all so incomprehensible.

  Nothing anybody says seems to help.

• August 4, 2008

  11:06 a.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  ShadyGrady writes:

  Somebody please put this idiot out of our misery.

• August 6, 2008

  9:19 a.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  leatherneck writes:

  RMN:
  NICE HEADLINE!!!
  I CAN'T EVEN EAT MY LUNCH NOW!!! JERKS

• August 7, 2008

  1:09 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  MattGuyver_007 writes:

  Jon Phillips is a dead man walking.

• August 7, 2008

  2:40 p.m.

  Suggest removal

  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.

  Suggest removal

  mtcpsworker writes:

  gs, I hoped you don't have children in your care. You scare me.

• August 7, 2008

  2:43 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  riverrafter writes:

  noreally, it is common practice.

• August 7, 2008

  3:34 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  freedomfighter1 writes:

  Good points buff.

• August 7, 2008

  4:06 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  missmilehi writes:

  I guess so, wow.

  I just can't stop being sad about this.

• August 7, 2008

  5:08 p.m.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  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.

  Suggest removal

  missmilehi writes:

  Meredith -

  Why aren't you at the trial?

• August 8, 2008

  9:32 a.m.

  Suggest removal

  missmilehi writes:

  freedom: I was just trying to say that I agree with you :-)

• August 8, 2008

  9:41 a.m.

  Suggest removal

  freedomfighter1 writes:

  Sorry didn't mean to sound negative. Honestly there are a lot of posts here.

• August 8, 2008

  9:45 a.m.

  Suggest removal

  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