STATE: Abuse case hinges on a keyboard

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STATE: Abuse case hinges on a keyboard

By L.L. Brasier and Wisely

GANNETT NEWS SERVICE

West Bloomfield police say a 14-year-old girl with autism who cannot

speak cried rape the only way she could: through a controversial

technique where a teaching aide helps a student type words on a

keyboard.

Earlier this month, the girl accused her father of raping her

repeatedly while her mother did not intervene, investigators said.

The girl's 13-year-old brother, who also is autistic, told

investigators he saw his father showering with his sister and naked

with his sister.

" Just because she is autistic, just because she may have trouble

communicating, doesn't mean it didn't happen, " said West Bloomfield

police Lt. Carl Fuhs. " It makes it tougher, but it doesn't mean it

didn't happen. "

Lawyers for the girl's parents deny the criminal allegations and are

scheduled in court today to challenge efforts to terminate custody of

the children. Oakland County Prosecutor Gorcyca declined to

comment in an e-mail last week, citing concerns over pretrial

publicity and potentially tainting a jury pool.

A key issue in the case will be the reliability of the method used to

make the allegations.

Investigators said the girl typed out statements of the alleged abuse

last month on a facilitator board -- a keyboard designed for autistic

children -- at school while an aide helped guide her hands to the

keys.

" My dad gets me up, bangs me and then we eat breakfast, he puts his

hands on my private parts mom knows and doesn't say anything, " the

girl reportedly typed on the board.

Defense attorneys describe the girl as severely autistic and said she

does not speak. It is unclear to what degree she can communicate in

other ways, they said.

In recent years, courts have found facilitated communication

unreliable, said professor Myers, a child abuse expert who

teaches law at the University of the Pacific in Stockton, Calif.

" The empirical evidence is that it's invalid, " Myers said.

The American Psychology Association said in a 1994 resolution that

the method " is not a scientifically valid technique, " and that

messages were " directed or systematically determined " by the

therapists who provided the assistance.

" In particular, information obtained via facilitated communication

should not be used to confirm or deny allegations of abuse or to make

diagnostic or treatment decisions, " the resolution said.

Even advocates say the use of facilitator boards has not met

scientific standards of reliability for courtroom evidence.

" There's no way that we can satisfy it at that level, " said Marilyn

Chadwick, a Mt. Clemens native and assistant director of the

Facilitated Communication Institute at Syracuse University in New

York. " This type of information can add to, but not be the only

information you have to look at. It's basically the judge's call. "

Most academics dismiss the technique.

" It's bogus and it's nonsense, " said Dr. Shane, director for

the Center for Communication Disorders at Children's Hospital Boston,

and an associate professor at Harvard Medical School.

" The problem here is that the prosecutors are acting as though the

only limitation this child has is that she cannot speak, " said

defense attorney Robyn el, who represents the girl's mother

against charges of child abuse and witness intimidation. " What they

don't understand is that when a person has autism, their brains are

wired differently. "

Said attorney Jerome Sabbota, who represents the father: " Here these

people struggle all these years to take care of these disabled

children, and something like this happens "

The father is charged with first-degree criminal sexual conduct.

In court documents, authorities do not report physical evidence, such

as DNA, to link the father to a sexual assault, instead citing a

registered nurse's report that the girl's hymen showed

three " nonacute tears, " likely signs of sexual assault.

Police and prosecutors decline to discuss the case outside of the

filing, which includes also alleges the " children have endured years

of sex abuse by father and severe mental and emotional abuse by

mother. "

Fuhs said additional details will come out in court. Court records

also show that police interviewed the girl's 13-year-old brother, who

is treated for Asperger's, a form of autism. He can speak and told

police that he saw his father nude in the house and showering nude

with his sister.

Defense attorneys said the strength of the prosecution's case is

undermined by the girl's claim that her parents and brother violated

a court order by visiting her in the home in which she was placed.

The child, in additional typed messages, said the parents visited her

at night and said they would be taking her to South Africa.

" I can say absolutely it did not happen, " said Rabbi Levy Shemtov,

the family's rabbi with whom the girl has been staying. " Her parents

were never there. And the child was never alone. "

The mental status and abilities of the child, who attends special

education classes, are unclear based on the court filings and other

sources. Pretrial investigators noted that the girl needs help with

her hygiene. The girl can swim and recently completed a 5k race.

She's been using the facilitator board for three years and an earlier

posting by her mother on an autism Web site said the child wrote

poetry.

The girl described early morning rapes, assaults in the shower and

fondling by her brother, said the school paraprofessional, who added

that the girl told her the assaults began at age 6 and that she tried

to tell her mother through pointing and pictures, but that her mother

did nothing.

[Guest guest]

>

> http://www.dailypressandargus.com/apps/pbcs.dll/article?

> AID=/20071218/NEWS01/71218003

> West Bloomfield police say a 14-year-old girl with autism who cannot

> speak cried rape the only way she could: through a controversial

> technique where a teaching aide helps a student type words on a

> keyboard.

These aides come to know their companions quite well. I'm sure she or

he knew something was amiss through other behaviors the autistic girl

exhibited.

> Earlier this month, the girl accused her father of raping her

> repeatedly while her mother did not intervene, investigators said.

> The girl's 13-year-old brother, who also is autistic, told

> investigators he saw his father showering with his sister and naked

> with his sister.

If this is true, both the mother and father deserve a special

punishment, one that I think all rapists deserve. What I have in mind

is far worse that what they would encounter in jail. Perhaps it is up

to a higher power to dole out punishment and if so, may they burn is

h***!

> " Just because she is autistic, just because she may have trouble

> communicating, doesn't mean it didn't happen, " said West Bloomfield

> police Lt. Carl Fuhs. " It makes it tougher, but it doesn't mean it

> didn't happen. "

For all nonverbal autistic persons, I do hope that this case is won in

her favor.

> Lawyers for the girl's parents deny the criminal allegations and are

> scheduled in court today to challenge efforts to terminate custody of

> the children. Oakland County Prosecutor Gorcyca declined to

> comment in an e-mail last week, citing concerns over pretrial

> publicity and potentially tainting a jury pool.

>

> A key issue in the case will be the reliability of the method used to

> make the allegations.

>

> Investigators said the girl typed out statements of the alleged abuse

> last month on a facilitator board -- a keyboard designed for autistic

> children -- at school while an aide helped guide her hands to the

> keys.

What would the aide get out of making up a story? Why would she or he?

Do they think the aide get kicks out of this story?

> " My dad gets me up, bangs me and then we eat breakfast, he puts his

> hands on my private parts mom knows and doesn't say anything, " the

> girl reportedly typed on the board.

> Defense attorneys describe the girl as severely autistic and said she

> does not speak. It is unclear to what degree she can communicate in

> other ways, they said.

That she has trouble communicating has no bearing on her accusation.

> In recent years, courts have found facilitated communication

> unreliable, said professor Myers, a child abuse expert who

> teaches law at the University of the Pacific in Stockton, Calif.

>

> " The empirical evidence is that it's invalid, " Myers said.

>

> The American Psychology Association said in a 1994 resolution that

> the method " is not a scientifically valid technique, " and that

> messages were " directed or systematically determined " by the

> therapists who provided the assistance.

> " In particular, information obtained via facilitated communication

> should not be used to confirm or deny allegations of abuse or to make

> diagnostic or treatment decisions, " the resolution said.

> Even advocates say the use of facilitator boards has not met

> scientific standards of reliability for courtroom evidence.

So how are nonverbal persons suppose to report abuse? Do they have to

have video taped evidence? Good Lord!

> " There's no way that we can satisfy it at that level, " said Marilyn

> Chadwick, a Mt. Clemens native and assistant director of the

> Facilitated Communication Institute at Syracuse University in New

> York. " This type of information can add to, but not be the only

> information you have to look at. It's basically the judge's call. "

So, by putting the final decision in the judge's lap, the plantiff can

only pray that they present in front of one that will be understanding

of their plight.

> Most academics dismiss the technique.

>

> " It's bogus and it's nonsense, " said Dr. Shane, director for

> the Center for Communication Disorders at Children's Hospital Boston,

> and an associate professor at Harvard Medical School.

>

> " The problem here is that the prosecutors are acting as though the

> only limitation this child has is that she cannot speak, " said

> defense attorney Robyn el, who represents the girl's mother

> against charges of child abuse and witness intimidation. " What they

> don't understand is that when a person has autism, their brains are

> wired differently. "

What has being wired differently got to do with being abused? Young

children have less neural connections yet they can report abuse.

> Said attorney Jerome Sabbota, who represents the father: " Here these

> people struggle all these years to take care of these disabled

> children, and something like this happens "

What is that supposed to mean. Poor Mom and Dad...rotten, no good

burden of a child and her aide decided to punish Mom and Dad even more

than they feel punished by having her? What jerks.

> The father is charged with first-degree criminal sexual conduct.

>

> In court documents, authorities do not report physical evidence, such

> as DNA, to link the father to a sexual assault, instead citing a

> registered nurse's report that the girl's hymen showed

> three " nonacute tears, " likely signs of sexual assault.

>

> Police and prosecutors decline to discuss the case outside of the

> filing, which includes also alleges the " children have endured years

> of sex abuse by father and severe mental and emotional abuse by

> mother. "

Let all of the facts speak for themselves.

> Fuhs said additional details will come out in court. Court records

> also show that police interviewed the girl's 13-year-old brother, who

> is treated for Asperger's, a form of autism. He can speak and told

> police that he saw his father nude in the house and showering nude

> with his sister.

So, being as one of Asperger's traits are being forthright and truthful,

this should be weighed in as part of the judgement against the parents.

For once, an Aspies traits could be used as a cause to further the

prosecutions case and be a positive thing.

> Defense attorneys said the strength of the prosecution's case is

> undermined by the girl's claim that her parents and brother violated

> a court order by visiting her in the home in which she was placed.

It shouldn't matter. Just because the parents broke the rules doesn't

mean that they shouldn't be punished for abusing their child!

> The child, in additional typed messages, said the parents visited her

> at night and said they would be taking her to South Africa.

>

> " I can say absolutely it did not happen, " said Rabbi Levy Shemtov,

> the family's rabbi with whom the girl has been staying. " Her parents

> were never there. And the child was never alone. "

So, it's a Rabbi's word against the brother. Oh no, I can see now which

they'll pick to believe.

> The mental status and abilities of the child, who attends special

> education classes, are unclear based on the court filings and other

> sources. Pretrial investigators noted that the girl needs help with

> her hygiene. The girl can swim and recently completed a 5k race.

>

> She's been using the facilitator board for three years and an earlier

> posting by her mother on an autism Web site said the child wrote

> poetry.

They believe that the poetry she writes is in her own words but not the

accusations? This doesn't make sense.

> The girl described early morning rapes, assaults in the shower and

> fondling by her brother, said the school paraprofessional, who added

> that the girl told her the assaults began at age 6 and that she tried

> to tell her mother through pointing and pictures, but that her mother

> did nothing.

Oh, I didn't know the brother was involved as well. I wonder what he

said about his actions when questioned. I'm afraid of what becomes of

this case and for all the others who are denied their day in court

because of their

disabilities.

Kim