Monday, June 5, 2017

DEPARTMENT OF HUMAN SERVICES FOSTER PARENT FAILURES

 
CLARENCE "CHARLIE" GARRETSON - FORMER DHS FOSTER PARENT SENTENCED TO LIFE IN PRISON


A former foster parent was sentenced on May 31st in Fort Smith to life in federal prison for sexually assaulting minors.

U.S. District Judge P.K. Holmes called the defendant Clarence “Charlie” Garretson’s repeated sexual abuse and rape of children in his home “the most horrific criminal conduct I’ve seen in regards to child exploitation.”

U.S. DISTRICT JUDGE P.K. HOLMES

Holmes also noted the “extreme failure on the part of the [Arkansas] Department of Human Services in this case.” DHS, the state agency responsible for child welfare and foster care in Arkansas, licensed Garretson and his wife, Lisa, as foster parents from 1998 to approximately 2004. The state placed some 35 children in the household over that time period. Holmes said the presentencing report — which is sealed by court order — provides evidence that 14 of those children were abused by Garretson.

“When you look back on it, you wonder how it could ever have happened — but it did,” the judge said Wednesday to a Fort Smith courtroom filled with victims, their families and the family of the defendant, including Lisa Garretson.

A long-haul truck driver, Clarence Garretson would take children on cross-country trips, sexually assault them in the cab of his truck and coerce them into silence afterward, according to federal prosecutors. His victims appear to have been mostly young girls, but included at least one boy as well. Despite the fact that at least one victim reported Garretson’s actions to state authorities during the early 2000s, he was not charged with a crime until he raped yet another child in 2014. That victim reported the abuse to her mother, who contacted the police, in 2016, leading to an FBI investigation that uncovered a pattern of earlier assaults that occurred when the Garretsons operated their DHS-licensed foster home a decade earlier.

Garretson, 66, pleaded guilty in October 2016 to five counts of interstate transportation of a minor with intent to engage in criminal sexual activity. In exchange, federal prosecutors dropped six additional counts and agreed to not prosecute Lisa Garretson.

Confidentiality laws prohibit DHS from commenting on individual foster care cases or child maltreatment investigations, which means the agency cannot publicly refute specific allegations of misconduct. When asked about the Garretson case in October, DHS spokeswoman Amy Webb said, “this is a tragic situation, and DHS would never intentionally put a child in harm’s way. Sadly, there are people who prey upon children and may try to use the foster system to do so. When that happens today, we act swiftly to ensure youth in foster care are in safe homes.


 
“The system for vetting foster families is much stronger and more thorough today than it was 20 years ago. ... We conduct state and federal background checks, child maltreatment checks, home studies, and training. We also do re-evaluations of homes annually and new background and maltreatment checks every two years. In addition, we have a more sophisticated computer system. We also now have a system in place that automatically notifies [the DHS division responsible for foster care] when there is a call into the child abuse hotline that includes an allegation against a foster parent.”

Nicole Nava was one victim who addressed the court Wednesday. She entered DHS custody at age 4, in 1996, and remained in foster care until she turned 18. Her biological parents had abused her before their parental rights were terminated by the state, she said, as well as her uncle. That abuse “continued in the foster care system,” she said.

Nava was 11 when she entered the Garretson household. After her foster father began to sexually abuse her, she said, she repeatedly attempted to alert DHS, to no avail. “I mean, who could believe this could happen in a state-run foster home? … I was made out to be a liar, not only by Charlie, but by Lisa, state officials, investigators, DHS, everybody.”

“Arkansas DHS put me and many others in the hands of a monster,” Nava said. “Nothing can take away what he has done, so the next best thing is for him to rot in a federal prison.” She enumerated the lasting psychological effects of childhood abuse: anxiety, nightmares, a chronic inability to trust others. Nonetheless, she said, “I have overcome the majority of my past.” Nava said she is married with three children and has a career in the nursing field. “I have a good life — something to be proud of,” she said. “And it’s not fair that I wasn’t believed.”

“You will get yours, Charlie,” she told Garretson. “I hope you get tortured while we continue our lives.”

Another victim, Rachel Clark, broke down in tears as soon as she began to speak, prompting Assistant U.S. Attorney Kyra Jenner to read Clark’s statement in her stead. She entered the Garretson household as a foster child along with her younger brother and sister, and the Garretsons eventually adopted her younger brother. Clark’s statement said she hid the fact she was abused in part because she feared telling someone would result in her being separated from her siblings. “I did not want to lose the only family I had,” she said. Later, Clark found out Garretson had been sexually exploiting her siblings as well.

 
ASSISTANT U.S. ATTORNEY KYRA JENNER

In all, seven victims or family members of victims gave statements, most of which urged Judge Holmes to hand down a life sentence. Holmes said that the court had received five letters of support for Garretson, but no one spoke in favor of a lighter sentence at Wednesday’s hearing other than Garretson’s attorney and the defendant himself.

Jenner, the U.S. assistant attorney, told Holmes that “there is no sentence short of life that would be reasonable and just.” She declined to go into further detail, but the prosecution’s sentencing memorandum laid out the argument for maximal punishment:

“The nature and circumstances of the offense are exacerbated by the prior histories of the minor victims who were placed in the Defendant’s home by DHS,” it states. “Most of the foster care children who became the Defendant’s victims had been physically and/or sexually abused, experienced abject poverty, had parents addicted to drugs or alcohol or been living in dangerously dysfunctional situations. The Defendant’s victims from the foster care system came into the Defendant’s home hoping for and expecting a more stable environment and better lives. They needed the Defendant’s physical, emotional and academic support. To some victims, the Defendant and his wife were the only ‘family’ they had. The Defendant betrayed them. He preyed upon his victims’ fears of abandonment, trust issues, isolation from any outside family support systems, low self esteem and insecurity.”

The memorandum also states that the circumstances of the case are analogous to those in United States v. Bernie Lazar Hoffman. The defendant in that case — better known as evangelist Tony Alamo — was given a life sentence for five counts of interstate transportation of a minor with intent to engage in criminal sexual activity. Garretson pleaded guilty to five counts of the same crime. “Similarly, both defendants used their respective positions of power and authority to gain access to their victims. Each incorporated fear tactics and threatened retribution to silence their victims,” the memorandum says.

Garretson’s attorney, J. Marvin Honeycutt, disputed none of the facts outlined by prosecutors or victims. He requested merely that Holmes spare his client a life sentence, arguing that Alamo’s example should not be used as a benchmark because that case went to trial. Because of the plea agreement, Garretson’s victims were at least spared the pain of delivering testimony on the stand and undergoing cross-examination, Honeycutt argued.

J. MARVIN HONEYCUTT - DEFENDER OF CHILD SEX OFFENDER

Garretson himself kept his remarks brief. He said he didn’t remember all of the victims who spoke, but added, “for anybody I’ve hurt, I apologize with all of my heart.” He asked the judge for a sentence that would give him a faint hope of release one day, should he live long enough, and referenced his 37-year marriage. “I couldn’t ask for a better wife … let me die at home with her,” he said.

Holmes was not inclined toward leniency. “The [presentencing report] is much more extensive than what we heard today,” he said. “What occurred here was Mr. Garretson, under the guise of being a foster parent … brutally tortured and sexually assaulted [children] … at a time when they were looking for a place of safety.” Holmes noted that Garretson’s status as a foster parent was secured “with the help of the Department of Human Services.”

“I recognize that DHS has a difficult job,” Holmes added later. However, he said, the Garretson case “shows … a failure of the system, and it had devastating effects on victims.” He especially noted the “unfortunate” effects on Nava, who unsuccessfully attempted to report the abuse over a decade ago. Holmes had harsh words for Lisa Garretson as well: “If she didn’t know what was going on, she should have known.”
Holmes sentenced Garretson to life in prison only for the first count. For the remaining four counts, the judge delivered a sentence of 15 years per count, to be served concurrently.

At least five people told investigators that Clarence C. Garretson had sexually assaulted them on long-distance truck trips when they were minors.

The investigation began when a girl came forward saying she had been raped by Garretson in 2014. Garretson was a driver for C & T Trucking Company in Van Buren at the time, and had gotten a special waiver from the company so the girl could go with him on the trip. The girl was 10 years old at the time, and Garretson was 63.

The FBI investigation uncovered other children who described being abused by Garretson.

In 1998, Garretson and his wife were approved by the Arkansas Department of Human Services to operate a foster home and to later become an adoptive home. In 2002, DHS received a report from a foster child that she had been sexually assaulted by Garretson.

That child told the FBI in 2016 that she was a foster child in the home from 2000 to 2004. She said Garretson had taken her on truck trips and sexually abused her.

In 1999, DHS placed a boy and his two sisters in the Garretson home. The boy was legally adopted by them in 2001. The boy told the FBI that Garretson had taken him on long-distance truck trips and abused him. The trips started in 2001, when he was 11 and continued for two years.

A different child living in the Garretson home was sexually assaulted on a trip to California in the summer of 2000. She was 13 years old at the time.

Another girl told the FBI that Garretson drove her and her siblings between Arkansas and California. She said that in 2002, when she was 9 years old, Garretson had her sleep partially nude in bed with him inside the truck, and abused her there.

Garretson agreed that he transported these 5 minors across state lines with the intent to engage in sexual activity. 


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DENISE THOMPSON - GUILTY IN DEATH OF FOSTER CHILD


Guilty...but no punishment.

That was the ruling of a Sherwood judge Wednesday.

Midway through an interrogation last year with a Sherwood detective Denise Thomson realizes for the first time that the foster child who died in her care had a lethal dose of prescription drugs in his system.

Drugs that she takes...and drugs that she spilled days before his death.
"So how would he have gotten this?" asks a Sherwood detective.

"The only way he would have gotten it is if I dropped one on the ground or something...I don't know,” answers a distraught Denise Thomson. “Oh God! Oh my God! Oh God."

"Okay this is something that we're going to have to deal with OK?"
"Oh God,” bellows Thomson as she smacks table and cries.

Denise Thomson reacts after being told that the cause of death for Thurman Billings was a lethal dose of prescription medication.

"This was my biggest fear,” cries Thomson as her interrogation continued. “This was our biggest fear."

Wednesday morning Thomson and her husband arrived at Sherwood court for her misdemeanor negligent homicide trial.

We learned that four back surgeries and two neck surgeries had left her taking a regular regimen of both oxycodone and oxycontin for pain.

"Oh God...I'm so sorry to the parents (sobbing)," continues Thomson.

It was likely both the guilt and the grief on display during her interrogation that guided Judge Butch Hale to find her guilty...but sentence her to no fine or jail time…saying she was irresponsible in not making sure all the spilled pills were picked up but that she had suffered enough.

JUDGE BUTCH HALE

 "Are you satisfied with no jail time and no fine?"

"Yes...I'm satisfied with that,” answers Leola Calvin, Thurman Billings’ great grandmother. “That wouldn't change nothing. Jail time...that ain't gonna solve no problem, you know?"

Ms. Calvin is now caring for Thurman Billings’ sister. Thurman's mother...the reason he was in foster care in the first place...was not at the trial.

The amount of medication found in the 14 month-old boy was four times the recommended dosage for an adult.

The public is not satisfied Judge Hale.  Judge Hale is the Sherwood judge that runs what has been described at the "Debtor's Prison" hot check court system and is at the center of a lawsuit in Federal Court.


Tuesday, May 16, 2017

DHS WORKER SEXUALLY ASSAULTED FOSTER CHILD - NOW FIRED, HE ENTERS NOT GUILTY PLEA AFTER DESCRIBING QUESTIONABLE BEHAVIORS TO LAW ENFORCEMENT OFFICERS

 
PROBABLE PEDOPHILE AND NOW FORMER DHS/DCFS EMPLOYEE JORGE ALCON


Jorge H. Alcon was 54 (now 70) when he was hired by the Department of Human Services, Division of Children and Family Services back in 2000 as a Social Service Aid II with an annual salary of $16, 032.



Those positions are typically held by females in that a large part of the duties of the position involve assisting families with housekeeping skills and proper childcare.  These position also provide transportation and assist Family Service Workers with supervised visitation.

A high school degree is all the education and a valid driving license is all that is required for these positions.



It's strange that DHS/DCFS hired Alcon for that position in that his application lists he holds a Master's degree and his work experience does not match the abilities needed for the position.  He was a former pastor, a truck mechanic, and tree planter.








We suspect that the reason that he was hired because he is fluent in Spanish.

In documents provided to us by DHS in response to a Freedom of Information request, we found that Alcon had been suspended on multiple (see update below) occasions during his employment with that agency.




What did Alcon do? We have no idea as DHS refuses to provide details.

We have a clue as to one suspension, the one in 2010, but not much of one.
One document DHS provided has a DHS policy violation.  The policy violated is listed as 1084.3.2.



Is DHS trying to coverup information to protect itself?  Probably.

Perhaps if DHS had terminated Alcon after the second suspension, as he appears to have been a problem employee, the abuse of the young foster child could have possibly been avoided.

Without access to documents to see why Alcon was suspended and if there was a pattern of behavior that had a relationship to events that resulted in his termination, DHS's accountability remains questionable.

Was DHS really so desperate for Spanish speaking employees that they kept Alcon on in spite of serious problems with him?

Alcon was ultimately fired by DHS on October 27, 2015 only after DHS learned that the Bentonville Police Department initiated an investigation of Alcon on October 23, 2015 for alleged sex crimes with a female minor identified only as "MW", who was a 4 years old at the time and in foster care - a ward of the State of Arkansas.






 









Alcon tried to place the blame on what happened on the poor child. 

We wonder if he reported what he attempted to characterize as an abused child sexually acting out to Bentonville detectives to DHS or documented the incidents in the DHS/DCFS case file narrative section of "MW's" file.  

ALCON WAS REQUIRED TO DOCUMENT INTERACTIONS & PROVIDE INFORMATION TO FAMILY SERVICE WORKERS -  HE HAD A DUTY TO DOCUMENT WHAT HE ALLEGED TRANSPIRED

You can bet that he didn't tell anyone at DHS that he was taking the young female child into the men's room with him when he had to relieve himself. 

You might be wondering why was Alcon just arrested in March of 2017 when the incidents occurred back in 2015. Because law enforcement was going through an intensive, time consuming process to interview all the children Alcon had access to and contact with for the last several years (statue of limitations is 3 years - counting back from time crime was discovered).

DHS Spokesperson Amy Webb made a failed attempt when Alcon was arrested at distancing Alcon from DHS/DCFS by saying he was not arrested when employed by DHS.  But the sick, perverted things he did took place while he was employed by DHS and while performing functions of his position as a DHS employee. Poor spin job Amy.




Alcon has a jury trial scheduled to begin on August 17, 2017.  


***UPDATE - 05/18/17***

Much to our amazement, DHS provided additional documents after the publisher of this blog sent a follow-up email to DHS attorney Andrew Marsh in which he requested omitted documents.


DHS's supplemental response was quite informative and alarming.  Alcon had been suspended multiple times for having foster children and other DHS clients in his vehicle when he was issued citations for speeding, careless prohibited driving, failure to maintain control,  and a wreck.

DHS should have fired Alcon after the the second arrest for traffic violations with DHS clients in his vehicle. 

When he wrecked the car with three clients in it, there is little doubt that keeping him employed placed DHS clients in danger and exposed DHS to liabilities.

Our position is that DHS so desperate to have a fluent Spanish speaking employee in Northwest Arkansas that they placed the lives of DHS clients and wards in danger.  That reckless decision to keep him employed gave Alcon the opportunity to be able to abuse the 4 year old female child in foster care and possibly many others.

Heads need to roll at DHS.

************

Here are the supplemental documents regarding Alcon's numerous suspensions:









Supplemental documents regarding Alcon's termination:








Thursday, January 5, 2017

ROGUE DHS EMPLOYEE SENTENCED TO NINE YEARS IN PRISON IN THEFT OF OVER $7.6 MILLION DOLLARS

 "A devastating error in judgment," is the excuse Tonique Hatton, a  former 16-year veteran of the state Department of Human Services gave as she was sentenced Wednesday to nine years in prison and became jointly responsible for repaying more than $7.6 million in stolen federal funds that were intended to feed hungry children.

TONIQUE HATTON

Tonique Hatton, 39, of North Little Rock admitted in September that while working in the Division of Child Care and Early Childhood Education, she took bribes in 2012, 2013 and 2014 to allow two other women to fraudulently obtain hundreds of thousands of dollars of U.S. Department of Agriculture funds.

The USDA funded feeding programs that were administered by the Human Services Department to provide snacks or meals for children in low-income areas after school or during the summer. People who signed up to be sponsors at feeding sites across the state, and who were approved by the department, were later reimbursed by the federal government on the basis of claims they submitted through the state.

Federal prosecutors said that in several cases, the submitted claims were greatly exaggerated or outright false, allowing a handful of people to receive huge "reimbursements" when, in truth, they had fed very few or no children.

Hatton pleaded guilty Sept. 6 to conspiring to commit wire fraud. Assistant U.S. Attorney Jana Harris told U.S. District Judge James Moody Jr. then that Hatton's responsibilities at the Human Services Department included processing applications from people who applied to be sponsors, determining the would-be sponsors' eligibility and approving their proposed feeding sites. Harris said Hatton accepted $30,770 in bribe checks made out to her, and another $62,700 in bribe checks made out to a relative of hers, to approve the applications.

Hatton and another former DHS employee, Gladys King, were described as the "gatekeepers" of the operation. One of the two women Hatton and King admitted approving as sponsors, despite knowing that they intended to commit fraud, is set to be tried in a two- or three-week jury trial beginning March 27. She is Jacqueline Mills, 41, of Helena-West Helena, who is accused of personally receiving more than $2.5 million through the program.

 
GLADYS KING

 
JACQEULINE MILLS

The other woman who admitted paying bribes to Hatton and King so she could fraudulently receive $3.6 million is Kattie Jordan, 51, of Dermott, who is serving a five-year sentence.

Mills; Dortha Harper, 51, of England; and Anthony Waits, 38, who is also from England and is King's ex-husband, face charges of wire fraud and wire-fraud conspiracy at the March trial. It will be the first trial stemming from nine separate indictments alleging feeding-program fraud that have been handed up since Hatton, Mills and King were the first to be indicted in December 2014.

 
ANTHONY WAITS

Late Wednesday afternoon, several hours after Hatton was sentenced, 26-year-old Michael Lee of Little Rock pleaded guilty in another federal courtroom to 20 counts of wire fraud, admitting he was one of the sponsors who filed exaggerated claims in the same time period, receiving $666,428.07 that was deposited directly into his bank account.

In Hatton's case, federal sentencing guidelines recommended a prison term of between 108 months, or nine years, and 135 months, or a little over 11 years.
Her ex-husband asked the judge to sentence her below the range for the sake of their children -- an 18-year-old son who is in college, a 12-year-old girl and a 2-year-old. Hatton also spoke to the judge, apologizing for her actions and saying she had embarrassed herself and her family.

"I am a single parent and my children really depend on me," she said through tears at a courtroom lectern, asking the judge not to "take me away from them."
Her attorney, Stuart Vess of Little Rock, asked Moody to sentence Hatton at the low end of the penalty range and to recommend that Hatton participate in a drug treatment program that, if successfully completed, could shave some time off her sentence. He cited a paragraph in her pre-sentence report prepared by U.S. probation officers that she had abused hydrocodone years earlier. Vess also noted that Hatton was "in no position to be able to pay a fine."

Harris objected to allowing Hatton to avoid a prison sentence, noting that while she "no doubt has done some good things in her life" and had no previous criminal history, "the facts and circumstances of this case warrant a guideline sentence."

Harris reminded the judge that the case involved "very large sums of money" and hurt children that the funds were meant to benefit. She also noted that Hatton, who is expected to testify as a government witness in the March trial, violated a position of trust at the Human Services Department to carry out her crime.
Moody imposed the lowest recommended sentence for Hatton while approving the government's request to keep $17,681.49 that it seized from her checking account. He also ordered her to be held jointly and severally liable with other defendants who have been and have yet to be convicted in the feeding-fraud cases for repaying $7,632,871.77 in restitution to the USDA.

In the plea hearing later Wednesday before Chief U.S. District Judge Brian Marshall, Lee admitted to each of the wire-fraud charges for which he was indicted, without a plea agreement. Each count corresponded to a direct deposit from the USDA into his bank account between Oct. 7, 2012, and June 8, 2014, with the amounts of the deposits ranging from $17,861.51 to $68,068.

Harris said Lee falsely claimed to operate a feeding site in Arkadelphia on behalf of an organization called Our Children of Tomorrow I, as well as a feeding site at 5232 Baseline Road in Little Rock on behalf of an organization called Our Children of Tomorrow II.

She said that while he submitted claims indicating he had fed from 115 to 450 children at a time at the Arkadelphia site, witnesses saw only 25 to 30 children at a time there. At the Baseline Road site, Harris said, Lee claimed to have fed from 76 to 350 kids at a time, but "no children were ever seen" there.

Harris said Lee used most of the money he received through the scam for personal use and cash withdrawals. She said he initially told investigators that he was introduced to the scam by his mother-in-law and never would have been involved in it if not for her. He told them he paid the woman $3,000 to $5,000 cash from each payment he received.

But Harris said Lee later told investigators that he had misspoken in his initial interview due to being nervous, and that his mother-in-law wasn't involved.

The woman, who sat in the courtroom gallery Wednesday during the plea hearing with her daughter, Lee's wife, hasn't been charged with a crime.