NAOMI WHITECROW - 2 yo (2009) - Enid OK

OKLAHOMA CITY —
Changes are needed in child abuse cases to make offenders more accountable, a state tribal leader said.

Relatives of Naomi Whitecrow, still in shock over a jury’s recommended
sentence of a $5,000 fine in the 2-year-old’s death, gathered to
memorialize their loved one and campaign for justice during Wednesday’s
rally at the state Capitol.

Last month, a Logan County jury found Amy L. Holder, 40, of Edmond,
guilty on a felony child abuse charge filed in January 2010. Naomi was
in Oklahoma Department of Human Services custody and was placed in the
defendant’s foster home in Logan County at the time of her death.

In April 2009, an OSBI investigator interviewed the defendant, who said
she found Naomi not breathing at about 7:20 a.m. on Jan. 20, 2009,
according to the affidavit for an arrest warrant. She called 911. She
performed CPR on Naomi until EMS arrived; EMS attempted to revive Naomi
but was unsuccessful.

Autopsy photographs showed multiple marks, injuries and scars throughout her body, according to the affidavit.

Based on the autopsy report and photographs, Dr. Dean Hawley, a
forensic pathologist with the Indiana University School of Medicine,
concluded in September 2009 that the cause of death was blunt force
injury to the head, abdomen and extremities, according to the affidavit.

The defendant, who entered a plea of not guilty, said Naomi had
significant emotional and physical health problems from the beginning of
her placement, according to the affidavit. Naomi was withdrawn and had
problems talking, eating and walking.

On one occasion, the defendant said she caught Naomi trying to eat a
plastic toy, and on another she attempted to eat a baby wipe, according
to the affidavit. The defendant said she had to attempt what she
referred to as the Heimlich maneuver on Naomi multiple times.

Felony child abuse is punishable by imprisonment for up to life and/or
one year in the Logan County jail and a fine of $500-$5,000 or both. At
the end of the trial, which lasted more than two weeks, the jury
returned a guilty verdict and set the punishment at $5,000.

Formal sentencing is scheduled for 3 p.m. Monday.

Speaking on the south side of the Capitol, Cheyenne-Arapaho Gov. Janice
PrairieChief-Boswell said supporters were rallying for Naomi and for
other children in Oklahoma, both past and future victims of child abuse,
and those who suffer an untimely death.

Naomi died an extremely painful death, which will not be in vain, PrairieChief-Boswell said.

“If there is any silver lining in this tragic cloud it is that we fight
for justice in her name,” she said. “Many changes need to be made in
the state of Oklahoma when it comes to child abuse cases. I encourage
you to stand with us in our mission to enact those changes and to make
those responsible for these precious children’s deaths accountable.”

Augustine Red Hat, one of Naomi’s aunts, said family members are asking
for justice, just as any other in their situation would be doing. Her
life of memories that can never be replaced — her first love, her first
heartbreak, the holidays — was worth much more than $5,000, Red Hat
said.

“We are shocked at the verdict and appreciate all of your support,” she
said. “Hopefully with campaigning like this and rallying like this all
together that this won’t happen again to children, not just our tribe,
children all over the world.”

Naomi’s aunt Debbie Whitecrow said the support from the dozens of individuals who attended the rally means a lot to the family.

“I’m hoping my niece is not going to go unheard,” she said before it
started. “She is going to be missing out on a lot of life. We want to
keep her memory going.”

Scott Adams, Holder’s attorney, said this was the type of case in which
there are no winners. Adams said there was absolutely no evidence
showing his client had anything to do with the death of this child.
Adams said based on that reality he plans to ask the court to waive the
$5,000 fine.

Adams questioned the timing of the rally. He said his client is doing fine under the circumstances, coping as best she can.

Before deliberations began, the judge’s instructions to the jury
included listing child abuse elements. They are: First, a person
willfully/maliciously engaged in; second, harm/threatened harm; third,
to the health/safety; fourth, of a child under the age of 18; fifth, by a
person responsible for the child’s health/safety.

“Harm or threatened harm” includes but is not limited to non-accidental
physical/mental injury, neglect, failure/omission to provide protection
from harm or threatened harm.



CASE BACKGROUND

In February 2009, the Office of Juvenile System Oversight was alerted
to Naomi’s death, which occurred on Jan. 20, 2009, according to a review
by the Oklahoma Commission on Children and Youth and the Office of
Juvenile System Oversight.

On Feb. 20, 2008, Naomi was placed into OKDHS custody by Blaine County
District Court, which recognized that the child was eligible for tribal
enrollment, according to the review. Subsequently, Naomi was placed in
three separate OKDHS foster homes, including the defendant’s.
http://www.edmondsun.com/local/x471031093/Family-seeks-justice-for-2-year-old

Edmond Woman Ordered To Pay Fine After Child Abuse Conviction

Updated: Nov 07, 2011 5:55 PM CST
By News9.com

LOGAN COUNTY, Oklahoma -
A foster mother convicted of child abuse after a 2-year-old girl died in her care must pay a $5,000 fine.

Naomi Whitecrow died in 2009 while living with Amy Holder. A Logan County jury convicted Holder on October 4. Instead of jail time, jurors recommended the fine.

On Monday, a judge ordered Holder to pay $5,000. Her attorney said she is ready to pay immediately. The judge also said he had been inundated with hundreds of letters and emails from people asking for a harsher sentence for Holder. But, he said Oklahoma law mandates that he must enter a sentence imposed by the jury.

However, the District Attorney recommended 4 additional parameters and the judge agreed, requiring Holder to register as a violent offender for the next 10 years, pay $10,000 to the victim compensation fund, pay $150 to an OSBI fund and undergo child abuse counseling.

Naomi Whitecrow's family is outraged by the sentence. Kala Whitecrow, the child's mother, is suing Holder and her husband, as well as DHS for wrongful death and negligence. After the sentence was read, Whitecrow had an outburst in the courtroom and yelled at Holder. Whitecrow then left the courtroom in tears and got violently ill in the courthouse.

Supporters from the Cheyenne Arapaho Tribe rallied outside the courthouse. They say the extra parameters are not enough.

"No, it doesn't give me any comfort to know she is free to hurt another child," said Debby Whitecrow, Naomi's aunt.

Holder chose not to speak during or after her sentencing. Her attorney spoke instead.

"There's no winners in this case, it's a tragic, tragic ordeal," said Scott Adams, Holder's attorney. "We feel awful about it and extend our sympathies to the Whitecrow family. We're just trying to let Amy get on with her life at this point."

http://www.news9.com/story/15978529/edmond-woman-ordered-to-pay-fine-after-child-abuse-conviction

Poor Naomi Whitecrow did not receive justice. I can't believe the baby killer only received a $5,000 fine and then the judge added a little more on. I fear this woman will kill again if she's allowed around children.