When her son Brady Alan Folkens died in state custody, Dawn Van Ballegooyen of Brookings accused the state of South Dakota of murder. So did Larry Kurtz.
Here are the facts placed on the record by the state of South Dakota. First, the state press release on Folkens's death:
A 17-year old male resident of the State Treatment and Rehabilitation (STAR) Academy in Custer has died from an apparent medical condition.
Brady Folkens developed symptoms and was seen by on-site medical staff before being taken to the Custer Regional Hospital on Dec 21. After being placed in the care of the Custer Regional Hospital, the decision was made to airlift Brady to Sioux Falls so that he could be seen by a specialist. Brady passed away Saturday night at a Sioux Falls hospital.
The family was notified and was present at the hospital at the time Brady died.
Per Department of Corrections (DOC) policy, the Juvenile Corrections Monitor (JCM) was also notified of the death. The JCM serves as an independent advocate for the youth placed at STAR Academy.
An autopsy will be conducted. The DOC has requested that the South Dakota Division of Criminal Investigation investigate the death, which is standard procedure for all deaths that occur while someone is in DOC custody.
There is no indication at this time that any of STAR Academy’s youth or staff members need any special medical treatment as a result of this illness. However, test results are still pending regarding the cause of his illness and if further follow-up is indicated appropriate measures will be taken.
Brady’s name is being released with the approval of his family.
STAR Academy is home to the state-run juvenile corrections programs. The Patrick Henry Brady Academy and Youth Challenge Center programs for males are located on the main campus south of Custer, while programs for female offenders are located in Custer State Park. The youth that are served by STAR Academy have all been placed in the custody of the DOC by the court system [South Dakota Department of Corrections, press release, 2013.12.22].
DOC issued this statement on the autopsy in February:
A death certificate shows a 17-year-old resident of the State Treatment and Rehabilitation (STAR) Academy in Custer died from lymphocytic myocarditis associated with Parvovirus B19.
Brady Folkens developed symptoms and was seen by on-site medical staff before being taken to the Custer Regional Hospital on Dec 21. After being placed in the care of the Custer Regional Hospital, the decision was made to airlift Brady to Sioux Falls so that he could be seen by a specialist. Brady passed away that night at a Sioux Falls hospital.
Parvovirus B19 is a common viral infection in children also known as erythema infectiosum or Fifth disease. This has been called Fifth disease because it is one of five common viral rash illnesses in children, along with measles, rubella, chicken pox and roseola. This infection is usually associated with runny nose and fever (most often thought of as a common cold) and then often followed by a bright red rash of the cheeks. There is no treatment for this virus and symptoms usually resolve spontaneously. However, when the infection invades the cells of the heart it can cause muscle dysfunction in the heart.
The Division of Criminal Investigation investigated the death and determined that no foul play was involved.
The juvenile corrections monitor (JCM) has submitted a report that shows no evidence of abuse or neglect and had no further recommendations in this case. The JCM serves as an independent advocate for the youth placed at STAR Academy [State of South Dakota, press release, 2014.02.05].
A commenter claiming to be Dawn Van Ballegooyen has alternated between saying that Brady Folkens died because of the state's neglect and saying that the state committed murder. I await confirmation of that commenter's identity, but either claim provokes sufficiently to warrant discussion in a thread of its own.
I invite discussion of Van Ballegooyen's charge. However, I will moderate to keep the discussion focused on available and relevant facts. This discussion does not branch off into discussion of other child welfare cases or campaign advocacy. Our questions here:
- Did the state of South Dakota murder Brady Folkens?
- Did the state of South Dakota neglect Brady Folkens when he needed medical assistance?
- Are any of the facts as laid out by the state in the press releases above incorrect?
Didn't read an accusation of murder in my post, Cory; but, you may have omitted negligent homicide as a bullet point.
Why aren't asking the state why I was not notified of Brady being ill since November 3rd??
Or why he finally got medical attention the day I was coming to visit?
Or why the state says I was present during Brady's passing when I wasn't?
And do the people of SD know what JCM job duties are? Checking a wooden box for a note from a child when they know that these bullies that hold their future in going home are watching....
Yes, let's talk about this.
This might be as close to an admission of guilt by the State as we'll see without a trial or lawsuit:
"If the juvenile justice system were a pool, Seward said, with the shallow end being county probation and monitoring, DOC commitments would represent "the deep end.""
http://www.argusleader.com/story/news/crime/2014/07/24/state-group-aims-juvenile-justice-reform/13136927/
When Gina Score died at a "boot-camps" Janklow was held accountable because it was his policy to have youth treated as if they were in a military boot-camp.
If I may add to your questions Cory, is Gov. Daugaard to be held accountable because Brad was being detained at the Star Academy, if Brad died from neglect?
And let's question this, Why wasn't a key player (like any investigation) questioned? I was one of the last people to see him in his last six hours of life, but I was never questioned.... Why? Oh that's right the state investigated themselves.
Larry, does the headline "South Dakota Kills Child for the Holidays" accuse the state of murder?
Are medical staff allowed to treat prisoners as their best judgement dictates, or are they under pressure from the guards and warden to not treat in order to keep the budget low?
Dawn, permit me to proceed carefully (and check your e-mail, please).
The state says, "The family was notified and was present at the hospital at the time Brady died." That seems a careful avoidance of saying where the mother specifically was.
"...I was not notified of Brady being ill since November 3rd?"—Did he become ill on November 3? When did the state report that specific fact to you?
"...he finally got medical attention the day I was coming to visit?" What day were you coming to visit? Had he received no medical treatment prior to that day?
"And do the people of SD know what JCM job duties are?"—help us out by telling us what JCM stands for first.
"Checking a wooden box for a note from a child when they know that these bullies that hold their future in going home are watching...."—please explain this statement. Remember, we haven't been living this story. The details aren't all in our heads immediately recallable.
"Why wasn't a key player (like any investigation) questioned? I was one of the last people to see him in his last six hours of life, but I was never questioned...."—How long was that final visit? Where did it take place? Was it supervised? What information did you gain during that last visit that would have been relevant to the investigtion of the death? (Note: that's not a challenge question; I'm just seeking the fullest background possible to understand the charge you are making.)
Dawn continually posts questions that none of us have the answer to, wouldn't it be her responsibility to pose those questions to whoever is in charge of any investigations. If she has in fact asked those questions to authorities, she should post their responses here with the proper documentation.
Her questions are vague in nature and insinuating that it is our responsibility to ask them.
Dawn, you will likely find that the posters on Madville are sympathetic to your cause and the loss of your son, but you have to help us with the facts rather than vague assertions.
What kind of medical staff do they have there? I looked through their site and it said new hires would be trained on-site. Frankly speaking,I had never heard of fifth whatever, before.
I don't think it does, Cory: Gina Score's death was not murder but the state killed her by any definition of killed.
'nother interesting link,Mr Kurtz. South Dakota commits more juvies per capita than just about any other state. Follow the money would be a good idea and see whose friends financially benefit from these commits.
like wipin' yer ass with a hula hoop, mike: it's endless.
http://rapidcityjournal.com/gina-score-effect-changed-s-d-juvenile-corrections/article_cac99464-b1d3-5113-81ba-f0e2655a0275.html
http://www.keloland.com/newsdetail.cfm/score-case-may-finally-be-settled-(video)/?id=5615
Ms. Van Ballegooyen: have you talked to a lawyer about your allegations?
On December 21st (The same day Brady passed) I was schedule for a visit to see Brady. I walked into the BIGGEST NIGHTMARE of my life!! I did NOT know Brady was even ill!! I had to corner DD on the campus at SDSU and ask for Brady's journal after I was promised in December to be given it. Keep in mind this would be after the state investigated themselves. I tried on my own but no one would return my calls. I finally got Brady's journal and It's Brady who finally told me in his journal how long he was ill.
Roger, Please tell me where I could meet you and I can show you my box full of material (THAT I HAD TO PUSH TO GET)!!! I'll meet with you or anyone who wants to go over my evidence, at my cost.
This is a serious problem and issue. When kids are shuttered in these institutions, we, as a state, should be fully transparent and accountable. I am interested to learn more about the facts of this tragic case.
Curious, Ms. Van Ballegooyen: in your opinion, had DD expanded Medicaid coverage might Brady still be alive?
http://boisestatepublicradio.org/post/medicaid-payment-woes-plague-idaho-mental-health-service-providers
Larry,
Yes matter of fact 3 attorneys (that told me I had an open and shut case) but it only took them to write one letter to MJ and his thugs and then they ran for the hills.
I would also like for you all to know, Brady was never charged with a crime!!! He smoked a little marijuana. I even asked if I could put him in rehab (at my cost).
A settlement with the state in a civil case is not an admission of guilt only a criminal trial can do that.
Dawn,
It would be nice to meet you and have you share to evidence you have. I live in Rapid City and don't travel very much, if at all.
Not to give the appearance of avoiding you, I think it would be best for all of us here to assist in finding courageous legal assistance. Anyone?
Murder and abuse charges are serious business, and this is serious business. if any of your allegations are proven to be true, we have to know.
Dawn I've read a little about this prior to being posted on Madville and I am terribly sorry for your loss! It's just shocking and that's an understatement with what has happened that never ever should of happened and to see what looks like another massive cover up.
Is the state of South Dakota still holding you for all of the medical expenses including the helicopter flight? If so, that is just bizarre!
Were the attorneys you contacted located here in South Dakota? Have you tried on from the Twin Cities or any that are well known from outside the state?
I'm wondering if there is a non-profit legal entity like the Southern Law Poverty Center would pick up on something like this? I don't know but it's just tragic that you have had to fight so hard just to get basic information.
Dawn * The state holding you financially responsible for Brady's medical expenses?*
Please watch [--sorry:that content is not allowed on this blog.—CAH]
Here is how it works!! You get a kid who gets into a little trouble. You get a judge who has crawled up the ladder from a low salaried law business to magistrate judge to circuit court judge,all by peer appointment, who has never seen one of these places or has no idea how they operate and sends the kid off to one of them to be controlled by some monkey with a chip on his shoulder who has a power attitude in his system and what happens? the kid is run to death in the heat or ignored by a medical tech? and told to take an aspirin and go to bed!!
Dawn,
Please know of my condolences of the loss of your son.
I have a few questions for you if you do not mind:
When Brady was adjudicated and then sentenced to the SD Department of Corrections, did he have an attorney prior and during that that court action?
Was his JCA (Juvenile Correction Agent) notified of his illness?
Was his JCA in communication with you during his incarceration and then after his death?
Thank you Dawn.
Shirley,
No, Brady did not have an attorney present.
I have no idea if his JCA was notified of Brady's illness. She has never talked with me about this. NOW or BEFORE!
Dawn were those 3 attorneys you contacted located here in South Dakota? Sorry I'm not an attorney or have any experience in this area.
I can try to contact the Southern Law Poverty Center on Tuesday to see if they can help or at least advise where to contact for help.
Lynn,
Yes all three where from the state of South Dakota. I would appreciate ANY help to get the truth. Thank you for not making this a personal attack on any individual that is trying to get to the truth about what happened to my beloved son.
Dawn,
Do you have Brady's complete juvenile file (records) both prior to going DOC and during his stay in Custer?
Also, prior to his adjudication, did you have a CHINS (child in need of supervision) petition filed with the State's Attorney?
ACLUSD just told me they know nothing of this case.
Shirley,
No I don't, I have no clue on how to get those records. I've been busy trying to get Brady's medical records from the state. Which they blacken out parts of so I couldn't read them. So I called Mr Williams (attorney under MJ) back and told him that these are NOT acceptable. Of course he acted dumb founded about this, then sent me out a little bit lighter blacked out pages. But they forgot that some mothers love their children and will not stop until they know the truth!! I took and put these pages on a light table and rather they know it or not I could read what was blacken out. Now tell me if you have NOTHING to hide then why blacken out information.
Does anyone see any evidence that Mr. Folkens' civil rights have been breached?
Ms. Volesky, there are a handful of pretty smart Democrats out there and my friend Mr. C certainly qualifies as such.
Dawn,
You should have been provided with court documents when Brady had court hearings, etc. This would include notices of hearing dates and related court papers.
Was there a CHINS petition filed at the beginning of his court hearings?
You should have some records that were provided to you regarding the above.
And just to clarify, when you received documents that were blackened out - where these actual medial records?
Tara, this thing stank from the moment it hit the tubes last year. The traffic my original post started getting two weeks ago is evidence that someone is guilty of something.
Weird that the Bosworth con intersects with this dealio, init?
Larry it raises many questions and I don't know the policies, procedures or inner workings the state has with running the Star Academy. When I went to basic training I watched a positive transformation in self confidence with some recruits when they were broken down and then built up with structure but these are kids. Some of what I've read for disciplinary action with these kids seems excessive and over done. I can see where there would be a temptation for abuse. Seeking legal help would be the best way to navigate through all of this.
Is it normal or standard policy for these juvenile correctional facilities to charge a parent or parents for medical expenses even if this person was under the care of the state and there seemed to be neglect with the illness getting worse leading to death? It's like an insult to injury. I'm going off what I've read so far but again this all (the facts) needs to be uncovered by those that have the ability to do so.
Thank you grudz, I'm quickly losing patience with the very self-righteous Tara. She condemns us when we don't discuss the Folkens tragedy, and then condemns us when we do.... [edited]
Tara, I try to talk to people and not at them, Dawn is slowly telling us her story and her mission is of interest to me, she has been courteous and respectful in her responses.
[...edited...]
I'm certain Dawn will agree with me in that telling her story is one thing, getting results is another. So far she feels the results are inadequate and I agree.
Dawn said, this about Brady, is it Tara? [...edited...]
I have absolutely no reason to apologize to you Tara, you demand that Cory, Lynn, and I answer your sometimes unreasonable questions, yet you don't answer ours (see the Chase Iron Eyes blog).
Ask Dawn if she wants us to quit asking questions and to drop this matter.
Shirley and Larry,
Your comments about Brady's civil rights are interesting ones, especially if the young man was not provided legal council through every step of the courts action or if the court child advocate was not in attendance.
If I were the parent in such a case, I'd quit asking Jackley and file a FOIA lawsuit. I would then demand a second autopsy with full toxicology results.
Maybe the U.S. Civil Rights Commission should be contacted to assist Dawn, they might not be able to intervene, but may be able to provide guidance.
Thank you Lynn! I need help for I am not a lawyer or a medical expert.
Roger, Please don't stop helping me find the truth, asking questions or dropping this matter. For I never want another boy/girl to suffer like Brady did or a mother/father to suffer the way I do ever day!!! That's what my mission is.
If any one wants to sit down with me and look at what I've collected on my own, I would LOVE to do so!!! Just contact me at buddies84@yahoo.com and we can make arrangements to do so.
Roger,
Juvenile court petitions, compared to abuse and neglect court petitions are different in many ways.
Young people who are caught up in juvenile court rarely have an attorney since statute does not mandate they be appointed an attorney - where abuse and neglect court statutes mandate appointment of an attorney for the child AND the parents.
If young people caught in juvenile court are fortunate to have family who can hire an attorney, then they may be represented by counsel throughout the court proceedings.
The court proceedings for children in any court process are complicated and difficult for those working in the system to understand at times.
However, for parents who have no experience, knowledge or support regarding the legal process, it is nearly impossible for them to understand all of the dynamics and possible outcomes of those proceedings.
When Brady was sentenced to the SD DOC, in essence, the State of SD became his 'legal' guardian who then was able to make decisions on behalf of Brady. Similar to children involved in abuse and neglect court.
Brady's story is very sad and tugs at the heart. But even sadder is all of the unanswered questions for Dawn with no apparent relief in sight.
What I like about this conversation is that commenters seem to be pointing Dawn toward real avenues of assistance.
Larry's mention of the ACLU and his question about civil rights are very important. The ACLU tried to raise awareness 14 years ago after Gina Score's death at boot camp: http://www.yankton.net/community/article_a27687c2-2d77-5e46-9103-3383e1053825.html
The Youth Law Center filed the lawsuit that forced the state to settle and make changes in juvenile corrections: http://www.keloland.com/newsdetail.cfm/plankinton-settlement/?id=5112
Dawn, might Youth Law Center be worth contacting about your case? http://www.ylc.org/
(Scary footnote: Ted Klaudt enraged Gov. Janklow when he tried to get answers about the juvenile corrections system in 2000 by paying an unannounced visit to female inmates: http://www.motherjones.com/politics/2000/11/camp-fear)
Shirley, I understand the process as you explained and still don't like it, it seems woefully insufficient to children and parents that cannot afford legal council. I guess I don't understand the need separate the two groups.
What laws need to be changed or amended to correct this horrific oversight? The juvenile court proceeding also appear to be in need of reform. Any suggestions?
Roger,
The three types of juvenile petitions are:
Abuse and Neglect Court
CHINS (child in need of supervision)
Juvenile Delinquency
I understand the need for three different types of petitions and how that part of the court is structured.
All three are complicated and unfortunately child advocates usually exist only in abuse and neglect court.
Let's all continue to do what we can for Dawn. Asking the right questions will help us to be able to get more information and answers.
Like Cory - I too am pleased how some of you are really coming forward with encouragement and assistance. Can't imagine how alone Dawn has felt for many months.
Thank you Cory for posting this story.
Sorry to edit hard, but I want this conversation to stay focused on the facts and on what productive actions, if any, can be taken.
Roger, I take it from Dawn's continued participation that she welcomes your further questions. She'll tell us when she's had enough. Carry on.
But let us carry on with this caution: it is quite possible that nothing we say or do here will make a difference. Dawn, you're dealing with the worst thing that can happen to a parent. Nothing we say or do here will erase that pain or bring Brady back. You're clear on that ugly fact, right, Dawn? Again, that's not a challenge question; that's a question that, if I were a lawyer or activist, I would ask to ensure that we're heading down this path for the right reasons and with a clear understanding of the limits of what we can do. Everyone here needs to be careful not to raise hopes that cannot be fulfilled.
That said, I'm surprised to read this comment from Dawn: "...3 attorneys (that told me I had an open and shut case) but it only took them to write one letter to MJ and his thugs and then they ran for the hills." Please clarify: did you work with three different lawyers, one after the other? All three told you that you had an open-and-shut case? Open-and-shut case for what: to sue the state for damages? to see criminal charges brought against DOC personnel? And the "one letter": what exactly made your three lawyers "run for the hills"? Did they write a letter to the AG and get some negative response? What is this "one letter"... and can you produce a copy of this letter for us so we can judge its relevance and impact?
Whoever those attorneys are who "ran for the hills," try to get them back. If they saw the merits of your case, they should be willing to stand and fight for you. If not, at least get them to lay out the basics of the case to take to another attorney. Dawn, you need a lawyer.
Tara,
For the record, I am a Registered Republican and I couldn't care less what anyone's political affiliation is.
Means absolutely nothing to me and has zero to do with my passion for fighting for children.
Shirley, I won't hold that against you. Thanks for helping Dawn, and thanks for mentoring me in New Orleans. Great memories.
Of the three questions Cory asked on his thread, I'd think it would be smart to concentrate on, "Did the state of South Dakota neglect Brady Folken when needed medical assistance?".
If I understand Dawn correctly, and correct me if I'm wrong, Brady wasn't feel well for a period of time before his mother arrived at the STAR Academy, and Dawn was not notified of his illness until she arrived for a visit. It does seem strange to me that she was not notified of his illness. Isn't there a protocol in place that requires parent notification?
I've followed this case in the newspaper since it was first news and have always been curious about it when it has made the headlines from time to time. I have always wondered if the students at STAR were given complete physical examinations upon entrance and could Brady's illness been diagnosed at that time.
Excellent questions, Roger. Do any documents provide answers to those questions, Dawn?
In trying to discern the issues in this case, the aspect that struck me was in the phrase about attorneys that “ran for the hills.” From interviews with people concerning their experiences with the South Dakota legal system, I have heard many complaints about attorneys running away from cases that would put them in contention with actions by state officials and the courts.
Since last October, I have been attempting to resolve what appears to a wrongful conviction in a case where an attorney advised a plea bargain although key evidence in the case was disputed by witnesses and the attorney declined to challenge the evidence.
As an officer in a corporation and an officer in university faculty organizations, I have been involved in retaining and consulting with legal counsel and never had a satisfactory experience with South Dakota lawyers. Some were negligent, some were dilatory, and some were grossly incompetent. As a faculty officer, I had occasion to accompany an attorney to a state supreme court hearing on an issue involving our organization. When I got to the courtroom, the attorney had to borrow a pen from me and scribbled some stuff on a yellow legal pad, which turned out to be his argument for the case—which the court quickly dismissed. We lost and I never got my pen back.
I do know some very competent attorneys in the state, but they were not available in the cases I have been involved in. I have dealt mostly with the hill runners.
My point is that there is something drastically wrong with the legal system when lawyers cannot deal forthrightly with people who come to them with issues to resolve. This issue should probably be reviewed by a reputable out-of-state attorney if it is to have any chance for resolution.
David, if the system is pressuring in-state attorneys to challenge the state, will the system also block out-of-state attorneys from being allowed to practice in our courts?
David and Cory - perhaps this is one of reasons why South Dakota ranks close to the bottom for being one of the most corrupt states in the nation.
Sometimes the stench of corruption in SD is so strong it wafts across the border to the east in a noxious, puke green cloud. I truly do not understand how the fomenters of this stink can live with themselves.
Seriously, they must be socio- or psychopaths to cause such human suffering without dying from shame and self-loathing.
(I know this is not a direct contribution to this post. It's just that sometimes the depravity of some political types is just too much.)
What about law school students? I'm thinking about work such as the Innocence Project. Law students do most of the work preparing cases which then go to court to release people wrongly convicted in capitol cases.
It's been made clear by Dr. Newquist that finding such help in SD is probably impossible. MN has several outstanding law schools. It seems that the most altruistic one is the William Mitchell College of Law.
What about WY or NE? The Children's Defense Fund? Does anyone know anything about the CDF?
Chad, I found this, you probably did too.
I am not sure that I understand it, so I will not try, but maybe with your wisdom and knowledge, you would understand it.
http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/cross_border_representation.authcheckdam.pdf
Cory,
Out-of-state attorneys are barred from practicing law in most states. In South Dakota, an out-of-state lawyer has to get permission from the court to try or participate in a case. In some cases, an out-of-state lawyer may write the brief for a case, but hire a member of the South Dakota Bar to present the case. UtThere are circumstances in which an out-of-state attorney can participate in a case with a member of the state bar, but an out-of-state attorney’s assessment of a case would have to be executed by the complainants.
Shirley, I think the effective franchise the South Dakota Bar holds on justice in large part contributes to the corruption in this state. Prominent law firms and their personnel figure in nearly every instance of corrupt practices, such as the NBP-EB-5 case. In your case, I find it incredible that the former state’s attorney who filed a false case dismissed by a judge can freely practice law across the street from her former office and not be disciplined. State officials have protections, but in this state those protections extend to the malpractice of law.
In most states, Brady Alan Folkens’ family would be able to obtain all records and exchanges of information between all those involved without question as a matter of good faith. But this is South Dakota where justice is a mean joke.
Dawn, I am deeply sorry about what happened to your son.
I want to tell you that you, as parent of a deceased minor child, should, under law, have access to Brady's medical record.
The medical record will hold everything as to what medical care Brady had or lack there of. If the state has Brady's medical record AND there are parts of it being blackened out, as you said, this is disturbing.
A reputable lawyer (surely there must be a reputable lawyer in SD that is non-corrupted) is badly needed here. Also, I would call the Argus Leader and other news organizations. This sad story need press and maybe the state will quit stalling if it gets enough negative publicity.
Remember, that medical record is VERY important here. You and a lawyer need to have it in your hands immediately.
Do they physically work these boys hard at Star Academy or have they learned from Plankinton?
Something rings quite odd about this case.
1) If the only thing that this boy did was "smoke a little marijuana," then why was he taken into DOC custody? This is a minor offense and in this day and age it would be very unusual for a juvenile to be sentenced to long term custody for one instance of personal use possession of mj.
2) Under the US constitution, every child who is under a delinquency petition has the same right to legal counsel as an adult would have. Why didn't he have an attorney?
With regard to medical treatment, what symptoms did the young man show prior to getting medical treatment? Was he diagnosed with fifth disease while at the Star Academy, or did that diagnosis not come until later? Did he show any of the symptoms that require medical intervention? If so, how long did they wait to get him to the doctor after he showed symptoms? http://www.webmd.com/children/understanding-fifth-disease-symptoms.
My child had fifth disease in about third grade. I saw the rash, went to the doctor and was told to dose with pain reliever/fever reducer if necessary but otherwise not to worry. Doctor saw the rash and knew immediately what it was, no medical mystery, she made it clear that, although I'd never heard of it, this was a common virus. That was it. Rash went away, child was fine. All that to say that I can understand a situation where this wasn't taken seriously since symptoms are similar to a cold and death is so very rare.
In re: running for the hills. There are many lawyers in SD who regularly go up against the AG and the power structure in defense of individual citizens. Why specifically did your three attorneys say they were dropping the case? What were the claims they said they intended to bring against the state? Did they charge you for their services? How do you know the AG called them?
I wouldn't be terribly surprised to learn that a kid caught up in our juvenile system was badly treated, legally, physically and emotionally. But whenever I hear claims of murder/coverup and basic questions about the case are never answered, I have a hard time jumping on the conspiracy train.
I think we all just want to get to the truth here, SD Teacher. For instance, was Brady required to get up and do whatever they do at STAR Academy, when resting and getting better would have been what was needed for his body instead? Were there skin rashes on him and did not anybody notice and say he should get it checked out? Did Brady try telling them his symptoms and they just blew it off? This is all we want -the truth, which is so hard to find in SD Govt today.
To me, it looks like many of the participants in this discussion sympathize with Dawn's loss of her loved one, and with Brady's suffering, while at the same time trying to be objective.
We can all speculate from the many different angles, but all we can really tell Dawn is for her to try to find an attorney to help her get what she needs. What would be most useful for Dawn at this point is to provide names of lawyers that can and will advocate for her.
I do not have a connection to a lawyer, but perhaps there is a participant who does have a connection who would be able to get some referral information.
Dawn, of from what I can tell so far, seems to be fighting this battle on her own, and she may not have the resources to do it on her own. I could be wrong, but that is the impression I have based on what information has been presented so far.
Are there other family members and friends who would offer some type of support, even if it is just moral support? Someone who knows how to use Face Book or other social media to get the story told to a wider audience?
SD Teacher,
I have worked in the juvenile system for many years and am not aware of any statutes where SD juvenile offenders have the same right to legal counsel as adult offenders.
As I mentioned in an earlier post, child abuse petitions are handled differently and state statutes mandate that children who are alleged to be abused and/or neglected are appointed an attorney at the very beginning of the petition and court process.
Juveniles, in delinquency court actions, are not appointed legal representation. If their parents or guardians have the means to hire an attorney, the juvenile then may be represented in that juvenile court action.
Children do not have the same rights as adults and it is wrong.
I have worked with many cases over the years involving juvenile delinquency and many of those cases have not been pretty.
I'm sorry Ms. Schwab, but you are wrong. Juveniles have a constitutional entitlement to representation whenever they are alleged delinquent and failure to provide an alleged delinquent with representation is a violation of the 14th amendment to the united states constitution. There is nothing in juvenile law that is more clear. Please see In re Gault, the United States Supreme Court decision for the authority, which preempts any state statute. But, for statutory authority, please refer to SDCL 26-7A-11(1) and 26-7A-30, and 26-7A-31.
Children charged in juvenile delinquency proceedings under SDCL ch 26-08C have a statutory right to a court appointed defense attorney unless the child or parents have the resources to hire an attorney.
SDCL 26-7A-31 prvides: "Court appointed attorney--Compensation. If the child or the child's parents, guardian, or other custodian requests an attorney in proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C and if the court finds the party to be without sufficient financial means to employ an attorney, the court shall appoint an attorney for the party. . . ."
In addition, even when no one requests an attorney, "The court may appoint an attorney for any child or any party to the proceedings without request of the party if the court deems representation by an attorney necessary to protect the interests of the party. . . ."
With the exception of the right to a jury trial, children in delinquency proceedings have the same due process protections as adults charged in criminal proceedings.
http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/sixth-amendment/right-counsel/facts-case-summary-gault.aspx
uvenile has same right to counsel as adult.
U.S.C.A. Const.Amend. 6
.
Matter of R.S.B.,
1993, 498 N.W.2d 646
Taken from SDCL 26-8A-18
Cory,
Let explain the "wooden box", they have a wooden box in place that children can drop a note into if they fill they are being miss treated. Can you imagine a scared child even considering putting a note in that box when all they want to do is to do what their told so can go home. Brady would tell me that all the time.
Mine and Brady's final visit was close to two hours at Custer Regional Hospital. Brady was very coherent but VERY yellow! He had a two inch cut on top of his head and I asked him about it and he stated that they accidentally nicked his head when they were shaving the boys heads.
Brady got up and walked to bathroom on his own (which outside of room and down the hall). The doctor told us he had a blockage in the vein that goes to the liver and they didn't have the equipment there to take care of this so they were going to fly him to Sioux Falls. Please keep in mind while all this is going on there at least five men from STAR behind a curtain and whispering with the doctor and amongst themselves. The doctor did NOT once tell me that this was life threatening for I would have NOT left Brady!!! After pushing for medical records I find out that Brady was going into septic shock before they loaded him on the plane, so WHY did they continue that flight???
Please bare with me while I try to answer all your questions for this is VERY HARD on me. I Love and Miss him SO MUCH!!!!
Hire a lawyer, Dawn.
Dawn, i have been bombing public radio producers outside South Dakota with your story because Bill Janklow's idea of public broadcasting is unable to take on the hands that feed them.
MPR raked Janklow over the coals for Gina Score's death: one reason that family won their case.
Dawn
Was the hospital in Rapid City equipped and staffed to handle Brady's condition? Rapid City is a regional hospital along with Ellsworth AFB. It just seems odd to lose valuable time and added expense to fly all the way across state to Sioux Falls.
An attorney would be able to do some digging and cover all of this and more. When I needed help in the past or had questions I called an attorney or sought one out to help with a specific need.
Tomorrow I'll make a few phone calls and will hopefully provide contact info for you to pursue. I have a feeling others from this thread will do the same.
Thank You Larry!!! And if I can help in anyway please let me know. For I want the truth!!!
SDCL Chapter 26-8A concerns 'Protection of Children from abuse and neglect.'
SDCL 26-8A-18 and 20 references where an attorney may be appointed for an alleged abused or neglected child along with a court appointed special advocate (CASA) or independent guardian ad litem.
SDCL 26-8A is for the protection of children from child abuse.
Again, Juvenile Court consists of three different types of petitions as referenced in one of my above posts. Each petition is handled differently.
Judges always have the discretion to appoint an attorney in a juvenile delinquency action but in my years of experience I have seen it happen rarely. Most often, the parents of the juvenile delinquent do not simply have the money for a retainer to hire an attorney for their child.
Typically the only attorney involved in a juvenile delinquency action is the State's Attorney.
Ms. Schwab,
Please see In re Gault, the United States Supreme Court decision for the authority, which preempts any state statute. But, for statutory authority, please refer to SDCL 26-7A-11(1) and 26-7A-30, and 26-7A-31.
I'm struggling mightily with the fact that you are a court appointed child advocate who doesn't understand the children's basic rights. How much help can you be to them if you don't understand the fundamentals?
Thank you Lynn!!! I appreciate all the help I can get so Brady will be able to finally rest in peace.
Was Brady flown to the Children's Hospital in Sioux Falls?
JeniW,
No he was taken to Avera. Keep in mind the lead doctor told me he suspected hepatitis.
This is a good example why PAs or CNPs assigned to medical cases is questionable: as i suspected, Hep C profiled Brady as a user and chose to do nothing about it.
Sue these bastards, Dawn.
So is she making a claim of medical malpractice? I'm confused. I thought the claim was that the state killed him and then covered it up, but the only actual assertions I'm seeing here are about poor decision making on the part of medical professionals. That's quite a different story than Haber's narrative about Jackley. Since Bosworth was the child's doctor, they should have a built in expert for the med mal claim and I'm sure she'll do it pro bono. Jackley has nothing to lose by a malpractice finding against the doctors, so no fear of state intimidation tactics. Seems pretty straightforward to me.
grudznick,
Please, all want is help in getting the answers Brady and I and ALL children in state facilities deserve. So please no money just help me get answers.
SDTeacher,
Brady was sick from November 3rd until December 21st and finally got medical attention hours before I was schedule to arrive to visit him for Christmas.
Ok, if you're not looking to sue and you just want answers for ALL the children in state facilities, there is a possible solution for you that costs you nothing. File a CRIPA complaint (civil rights for institutionalized persons act). You won't get a money settlement or anything like that, but the DOJ will investigate and require changes if they find a pattern and practice of abuse. Here's the website for the DOJ that will give you the info you need to contact the special litigation section- http://www.justice.gov/crt/about/spl/juveniles.php
There have been CRIPA investigations in the past in SD and keeping the pressure on the DOC is a great way to help protect the children who are in custody.
SDTeacher,
Quit twisting what I said. And thanks for your information.
I'm not trying to twist your words Ms. Van Ballegooyen. I'm just trying to figure out your claim. Nobody, especially not an attorney, can help you if they don't know what the allegation is.
I'm sorry if I've offended you. The juvenile justice system in SD has an abusive history, so I don't doubt that your son was not cared for properly while he was in state custody. I would like to help if that is so, but you've tied your buggy to some people with exceptionally poor credibility, so I'm hesitant to jump on board without some indication of actual wrongdoing.
In retrospect, I can see the impropriety of my inquiries on a blog comment section. I apologize, I should have left well enough alone.
I am genuinely sorry for the loss of your son. I cannot imagine the pain your family has endured.
Ms. Van Ballegooyen, you should also go to that Government Audit committee that gets reports from the monitor who takes the papers from the wooden box you talk about. You should tell those people about this. That is where you should go and it is free and there are no lawyers needed. Mr. H or somebody like him who knows how government works might even help you make a bill or speech to take to them.
SDTeacher,
I have NOT tied my buggy to no one!! I just asked a doctor to help me read some reports after 3 biologist told me they've never seen such a botched pathology report. That's ALL!
South Dakota department of Human SDervices and the juvie detention system sound like they need federal monitoring like with states that had and still have voting rights irregularities. Wingnuts have shown they are incapable of running any program responsibly and as intended.
[edited for content—CAH]
I'm sorry for your loss Dawn, but there has to be more to the story then that.
[edited]
I find also strange that three different lawyers told you "OPEN AND SHUT" and then quit. No lawyer would ever do that unless there is something you arent telling us. After all they need to protect their butts to.
I'm setting here wondering how someone like yourself, that has access to three biologist, a doctor, and the ear of an AG candidate would be having difficulty getting to the truth about your suns death.
[edited]
Why all the strange half questions, half statements with all the experts you have onboard?
[edited]
Like I said, I'm real sorry for your loss, but your running with a crowd that will get that legal door slammed in your face faster then the blink of an eye. The damage might already be done. [edited]
If you are going to play the sympathy card, at least give me a reason I should believe what you are saying about
1. The 3 lawyers
2. The 3 three biologist
3. Your conversation with a doctor
This stinks like Lee himself lifted his leg and peed on it marking his territory. Advance at your own risk, but if you continue down this road with these people you will never get a chance to hear the truth, let alone find piece of mind.
The Blindman
[edited]
Dawn: if you are real create a PayPal account in your name and text me a link to it. 605-484-7288.
If someone in the SD state govt is REALLY blackening out a child's medical record this is illegal!
If Dawn saw her child the day he passed away and he was yellow - this is jaundice! Obviously ANY medical professional should have known this right away. The RNs working at STAR Academy should have reported to the doctor about Brady being jaundice-colored STAT (immediately)! There are SO many questions here, and a medical malpractice attorney is really really needed.
Dawn, I have never known SDTeacher to twist anyone's words on this blog. SDTeacher is not doing so. I can see her point, asking for clarity in the allegation. Are there two allegations, (1) that the state first ignored Brady's symptoms, then covered up their inaction, and (2) that the medical professionals who treated him committed medical malpractice? The "open and shut" case that you said three lawyers said you had: were they referring to the state or to the medical professionals or to both?
And I'd still like to see the "letter" you talked about that provoked your three lawyers to back off your case. That blacked out medical record might also be worth reviewing. Check your e-mail, and you will find a message I sent yesterday, to which you may reply with any documents you can scan and attach.
Of course, I make that request recognizing that we are talking about a deeply personal and private issue. I also recognize that you, Dawn, have chosen to make public many details that you have no obligation to make public, so I feel we have some leeway to request further information. However, it is still your call as to what documents you want to release to the public and which documents you prefer to keep private to share solely with a real legal team taking a serious look at the merits of your claims and the possibility of legal action.
It is somewhat frustrating that more evidence and documentation has not been forthcoming, we are basically at the same point as when this thread went up.
There have been some positive suggestions for Dawn, I hope she follows up.
Other than that, there is little we can do besides offer moral support.
Dawn,
If you are unable to find an attorney locally and another entity mentioned above to help you can try the Southern Poverty Law Center. One of the areas they pursue is Juvenile Justice http://www.splcenter.org/what-we-do/children-at-risk
Keep in mind that they are a non-profit with limited resources and legal staff so it may take some time and but here is the email they gave me to send them information regarding your case. Legal.Request@SPLC.org
I just finished calling one of the big law forms in the Twin Cities but they do not practice law in South Dakota.
Again it is so important you seek out legal help and expand your search if you can. You have more information and know the facts better than we do. There are those that have posted that are far more knowledgeable than I in this area. Use the leads they have provided.
Would you please keep us updated?
I called http://www.meshbesher.com/ in Minneapolis and they do not handle cases here in South Dakota to save you one call but there may be others in the Cities that do.
Here is information from the sdbar.org lawyer referral page
Lockridge Grindal Nauen, PLLP
Patrick R. Burns
100 Washington Ave. S #2200
Minneapolis, MN 55401
612-596-4072
pburns@locklaw.com
Civil litigation practice representing individuals, non‐profits and businesses of all sizes. Franchise, employment, consumer, tribal, military, injuries, negotiations, dispute resolution. Mediation and arbitration practice as a neutral.
Licensed in South Dakota, Minnesota and Wisconsin.
Adjunct professor at USD law school. No charge for initial consultation
Thanks, Jim! That's good practical advice. The Hutterville Hutterites got David Olsen from Minnesota to take on their case against some powerful Republican power brokers. Dawn should be able to find similar help.
Dawn are there any updates?
Have you been able to check out the leads that were posted by those that commented?
Have you been able to find an attorney that has agreed to work with you?
http://interested-party.blogspot.com/2015/01/democrats-pressure-sd-governor-after.html