Our babysitter was innocent; authorities don't seem to care

In My Humble Opinion
1

My wife and I have a 2-1/2-year-old child. She has gone to day care for about 14 months, and we’ve had terrible luck with babysitters. The first day care was a center that had horrible turnover for day care providers. The second day care was this woman my wife immediately liked, but I never really was sold on. She eventually quit day care because she needed to go back to nursing full-time because of money problems. Our third babysitter seemed like the perfect fit.

I will admit, I didn’t do a background check on Peggy. I should have. Although, I might not have found anything, as her case was pending. But, one day Peggy asked my wife to fill in for her one morning because she had an appointment. Turned out to be a court appointment. Peggy had recently entered an Alfred plea for third degree child abuse. I believe that’s technically correct.

(She never told us about this case against her. We could discuss and argue whether she was obligated, morally, to tell us that there was a case against her. She had not been found guilty of any crime, yet. She maintains her innocence, although I don’t know if, legally, that’s possible now.)

The Alfred plea confused Peggy. Confuses her to this day. I have no idea what it means. It was during one of her court dates that her attorney pushed for Peggy to enter an Alfred plea in the case. He told her that she didn’t admit to guilt under this plea. But, turns out, others see it that she did admit to guilt. It seems to have been recorded as a guilty plea.

Now, for the case against her: A 4-year-old boy she was watching was beaten about the head and shoulders. There’s no disputing that. The boy, however, says that Peggy did not do it. He said nothing bad about Peggy in the police interview.

The evidence against Peggy is a police officer’s assertion that Peggy confessed, as well as an 8-year-old boy’s claims that Peggy hit kids regularly.

Peggy told us that she voluntarily talked to the police officer after the accusation was leveled. Knowing she was innocent, she went without a lawyer or any other witness to the police station. She says the police officer accused her of lying and told her she needed to confess. Told Peggy she was a bad person who needed to be punished. That type of thing. Of course, Peggy denied everything and maintained her innocence. Much later, well after Peggy was arrested for the alleged crime, she found out that the police officer wrote in the report that Peggy confessed.

The 8-year-old accuser, meanwhile, had different stories every time he was interviewed. One time he said she did this, another time he said she did something else. And, his accusations would grow during each interview. Not too reliable, but combined with the police report “confession,” the defense lawyer was really worried.

There was no physical evidence.

Btw, none of the parents were interviewed, other than the accusing parent. The boy had only a mother, who was living with a boyfriend. Peggy says the boyfriend regularly threatened the boy in front of her. The police did not investigate the mother or boyfriend. They did not interview any of the other parents, either, before closing out the investigation. The PA’s office filed charges immediately after seeing the investigation report.

Peggy said she pleaded out for two main reasons: 1) The fear of prison, if a jury should believe the police report. 2) A trial would have cost her another $5,000, and she already was up to her eyes in legal fees and debt because of this case.

As part of her probation terms, Peggy had to tell the parents of the five kids she was watching that she pleaded to this. None of the parents pulled their kids out. I didn’t think she was guilty. A few other sets of parents we talked to didn’t think she was guilty.

The problem was that Peggy was on probation for two years, and during that time would surely have trouble finding anyone else to watch. She wanted more kids to make ends meet, but would have to divulge her situation. Not only that, she couldn’t easily dismiss any children if their parents took advantage of her.

Well a few months ago, it started all over for Peggy. We received a call one night, and a police officer told my wife that Peggy was arrested on suspicion of child abuse. He said that we might need alternate day care on Monday. He told me that there was an accusation and that a child in our day care was taken to the hospital and found to have been abused. He didn’t ask us any questions about Peggy, and we’ve never been asked any questions about Peggy.

Well, Peggy refused to talk to police this time without a lawyer present. And, in fact, police have not asked to talk to her at all, once she told them she wouldn’t talk without a lawyer.

Here’s what happened to the child: A hospital report showed an outline of a hand on the 3-year-old child’s butt. The mother of this child says that Peggy did this on that Friday, and that Peggy called her at her work to tell the mother that she spanked the child and that she was sorry.

The mother lived 15 minutes away from Peggy, and she worked until 5 p.m. But, she didn’t show up to pick up the victim until 6:30 p.m. (This was commonplace, in that this mother rarely came straight from work to get her child, often leaving her at Peggy’s for hours with no reason given. Here was a case of Peggy being taken advantage of.)

I was there from 5:30-5:50 p.m. My wife and I often stayed a while to talk to Peggy and to the kids. This time we stayed maybe a little longer than usual. I was in a good mood and played with the kids. The victim seemed her usual self. At one point I said something to her, and she said something (she spoke gibberish in this case, as she usually did) about a snake, and put her arms together like a snake. We all laughed, and the little girl laughed. When we left, the little girl, the victim, fought with our child to get to Peggy to hug her. This was a normal occurrence, too.

The accuser didn’t take her child to the police until late Saturday, after she got off her second job, at 7 p.m. Her estranged husband was watching the child while she was at work. That’s a whole other situation that seemed ripe for investigation. Peggy had told us all along about the weird situation with this woman and her estranged husband. Apparently, the guy has done some heavy duty drugs. He’s in a bad way, and his older kids don’t want anything to do with him. And, this woman, the eventual accuser, had the nerve to ask Peggy if she would let this man stay at her house for low rent.

A druggie, living in a day care. And, he was unemployed. How was he gonna pay Peggy rent? Peggy didn’t approve, of course.

Then, the accuser told Peggy a few days before all this that she decided to start spanking. It’s a she said-she said thing, but Peggy tells us that this mother felt guilty on that previous Thursday morning, because “they” – not sure who they were – were out eating at a local restaurant, and she spanked her child and she still has marks on her butt. Well, Peggy never saw the marks, because the child is potty-trained, and Peggy does not question if parents spank.

Btw, we’ve since found out that the mother has a restraining order against the estranged father. Apparently, she’s forgiven him, but the court hasn’t heard about this. Also, the guy has a warrant out for his arrest, I think for a bad check. He should be arrested the first time he comes to court for this. Anyway, turns out this couple has been involved a long list of litigation for various things, from bad checks, to failing to live up to a renters’ policy (I think not paying the rent and causing damage to the property), to some domestic stuff. I believe one of the older daughters also has a restraining order against the father.

Apparently, the police failed to look into any of the family’s background. They didn’t interview any of the other parents. They just took the word of the accuser, who was allowed to make her accusations in a long, rambling written statement. The father did not come to the police station when this happened, surprise, surprise. The police suggested the child go to the hospital to document the abuse. That’s when the police decided to “investigate” the babysitter.

We think the first case is the reason that this case is even going anywhere. It’s a case of credibility and she said-she said.

Any thoughts on how the police and justice system handled all this? From where I’m sitting, it all stinks. Whether you believe my babysitter or not, I think you have to agree that the investigation of each case was a crock. Seems like all you have to do is accuse someone of abuse, step back and watch the witch trials.

2

Seems to me that the only way for her to recieve justice in the second situation is for a trial to expose the “other” circumstances present to the point that creates reasonable doubt.

I would have to agree with you however, based on your post I dont think she did it.

3

Just to explain the meaning of an “Alfred plea”:

I’m pretty sure you mean an Alford plea, which is equivalent to a guilty plea for purposes of sentencing. It basically means that the accused, while maintaining his innocence, acknowledges that the government has enough evidence to convict.

An Alford plea may not be used against the accused in a different proceeding (such as a civil suit) as evidence of guilt of the underlying offenses.

4

Ah, no wonder I could never find anything about this plea. I didn’t have the correct spelling. Peggy’s pretty well clueless about this. She is naive about the real world, outside of potty training, learning the alphabet and numbers, kids’ songs, etc. Thanks, Bricker, at least now I can research it and show her exactly what she pled.

Btw, I didn’t make this clear, not that it really matters for the purposes of the OP: Peggy can no longer watch kids because of this latest accusation. The court took that privilege away because of her probation status. Our daughter is at another day care, and she still gets a smile if we talk about Peggy or see Peggy. She never showed any signs of abuse while at Peggy’s, or any other day care.

It’s a real injustice. Peggy never hurt anyone. But, she’s facing prison with hardened criminals, this woman who had watched children out of her home for 10 years.

5

Well, she’s got two battles to face. She’s got the accusations against her, and she’s got the hearing on whether to revoke her probation and sentence her to prison.

In the case of the new accusations, the prosecution might have a very tough time proving her guilty to a jury of her peers. I think the best bet is to attack the credibility of the accuser and her estranged husband. That should shed reasonable doubt. Should have shed reasonable doubt in the P.A.'s mind, too, though, and it didn’t.

In the probation hearing, she’s dependent on what the judge thinks. He might just use this as an excuse to “get tough on criminals” and not care if there’s proof beyond a reasonable doubt. Her defense is hoping to win the trial and then go through the probation hearings, but it might not work out that way.

Any way you look at it, she’s in a really bad situation. She’s mentally preparing herself for prison. It’s tough, because she’s spent time in the county jail during both arrests, and the conditions were really bad. She’s so frightened.

I have considered going directly to the media with my version of the story, but the defense doesn’t want that. They want their cards close to the vest. Unfortunately, the only story that has come out in the media is that Peggy, who previously pled guilty to child abuse, has been charged again. Then, they quote from the police report, which basically just regurgitates what the accuser is saying.

The media, without saying so, has deemed her a habitual child abuser.

6

Is it the same thing as a no contest plea?

7

Yes, it is, though my understanding is the exact meaning of this plea can vary from state to state, among those states that even allow it. No such plea, for instance, is available here in Missouri.

And just so you’ll know how much an expert I am, I have seen every episode of Law & Order.

8

That sounds like such a sad story. I think laws and such meant to help can so often be used in the wrong way. My little sister had the same grade school teacher as I did. Very strict but a very good teacher. Parents who did not have older children in her class freaked out and sent petitions around our town trying to get her fired on grounds such as “too much homework, told my child he/she was wrong when he/she answered a question, belittled my child by remarking that his/her homework was incorrect in front of the other students.”

But perhaps you could look up an organization for day care workers. Perhaps they have resources for dealing with these claims agianst people in their profession. Which state are you in?

Is the media being correctly used? Write a letter to the editor or look up in your local paper if someone has written articles about day care. It would be worth your time if you got in contact with one of them, you could help Peggy tell her side of the story.

9

An Alfred plea is when the accused admits there is enough evidence to convict Batman’s butler.

10

Julius, I live in Misery, too, and that’s where these cases were filed. So, apparently there must something like an Alford plea here, or her attorney’s just making stuff up. I really couldn’t tell you what happened, exactly, as we get everything that the attorney says secondhand through Peggy.

To parlo, I doubt there’s any organization that benefits just home daycare providers. I’ve never heard of any. Peggy’s never heard of any. Her lawyers never heard of any. In fact, where Peggy lives, there’s a bit of a daycare community that is talking about how bad Peggy is. They don’t believe her, because of the previous plea. I know, because our new daycare provider used to live in that same subdivision. When we told her who had watched our daughter, she looked at us in horror. I tried to convince her that Peggy was a good person, and was innocent, but she didn’t want to hear it. We haven’t discussed the issue since then.

As for the media, that’s really Peggy’s call, and she’s taking the advice of her defense to keep their cards close to the vest. Who am I to quesiton that? I don’t want to screw up her defene.

11

Can we get a rimshot?

12

Where is your child now? I think I lost that in your OP.

Usually Hospital’s have wonderful daycare centers associated with them. We have one close to us that is a Piaget Learning Center. Very cool stuff. I know the director and the place does not accept any workers w/o a bachelor’s in a related field to child development.

13

I think in one sense you have to be understanding about the authorities’ approach on this. They simply must take allegations of abuse seriously. Unfortunately, that gives bullshit accusations a disturbing amount of power.

Your role in this is simple: you can provide moral support to Peggy, and you can act as a character witness if needed. Based on your observation of the child on the day in question, you may also be able to provide some evidence. That’s it. It is not your job to make the justice system work, and it is not your job to make sure the prosecutors or defense know the secondhand and thirdhand knowledge you have of the child’s circumstances. Peggy can provide that information.

I know how very hard it is to watch someone you care for and believe in go through an accusation and its aftermath. But for your own sanity, you need to realize what you can and can’t do and what your ultimate role in any legal proceeding will be.

14

Is it possible for her to appeal her previous plea? If possible, though expensive, that may end up being the best way to go

15

Clucky, maybe I missed it but I didn’t see you specify if Peggy did, in fact, get a lawyer the second time around. If she hasn’t perhaps a lawyer would be willing to do some Pro Bono work for her? As an aside what sorts of cases do lawyers generally consider for Pro Bono anyway?

16

She’s at a very good day care right now. (Althought the babysitter just called and told me she’s been emulating the worst kid in the daycare the past two days, and she’s been in constant trouble this morning. “The worst kid” is about to get the boot, the babysitter tells me, because the mother is not working with her to improve the problem.)

CrankyAsAnOldMan, I agree with just about everything you said in your post. After awhile, I had to step back from the situation and stop trying to think of ways to help. I was losing sleep over this. Since then, we’ve been pretty much doing what you suggest. Providing support. Talking to her periodically. Letting her come see our daughter. We helped her get her resume and cover letter together, so that she can get back out in the office world. Of course, we’ll give depositions and testify, as well.

I don’t know the legal possibilities of this.

She has a lawyer, the same as the last case. Well, in the last case, she fired one lawyer and then hired this one. The first lawyer was useless, apparently.

I don’t know about the pro bono thing. But, being as this lawyer has intimate knowledge of the first case, Peggy’s not likely to change horses right now. Her freedom’s on the line. She’s already planning on filing for bankruptcy, so she’s kind of given up on any thoughts of financial security.

17

Cranky, I wanted to address this on its own. I know authorities must treat this seriously. That’s exactly why the investigations for these cases are a farce.

I believe the foremost duty of an officer of the law is to serve justice. Serving justice should involve investigating all possibilities, regardless of who accused whom. The obligation should be to find the person who actually abused the child. Not simply take the word of the accuser and run with it.

That’s why it reminds me of the witch trials. All it took was an accusation, no evidence, to get the authorities to come to an early conclusion. (Of course, in the first case, the trumped-up confession really got the ball rolling. That officer, btw, had been written up by supervisors for past indiscretions.)

In both these cases, if you believe that Peggy is innocent, then there’s two guilty parties still out there, still possibly abusing children without facing punishment. And, the legal system failed to even investigate them, failed to protect the victim, and caused great harm to an innocent person.

18

Clucky

I hate to be the one to ask, but has any of your information come from a source other than Peggy? I ask because this particular part strikes me as very strange-

I can’t see a probationer convicted of child abuse being allowed to watch other people’s children, whether she told them about the conviction or not. And if she was either lying or inaccurate about that, I’d wonder about the accuracy of her report of the police investigation. To tell you the truth, I’m wondering anyway how anyone knows whether the police investigated all of the possibilities. I mean sure, you know that the police didn’t interview you, and you could even know that the police didn’t interview the other parents. But it doesn’t seem you have firsthand knowledge of the police not investigating the other possibilities, or of them just taking the accusers word for it in either case. I am not saying that Peggy is guilty.What I am saying is that I would not be inclined to believe that someone previously convicted of child abuse (who claims that she wasn’t guilty and that a proper investigation wasn’t done in that case) is being railroaded on a new accustion based on her reports of the investigation. After the evidence comes out at trial is another story. Certainly, if she is guilty, she’s also capable of lying to you about the extent of the investigation.

19

Fair questions.

She was allowed to watch other children because that was the part of the terms of her plea. We had to sign a notarized letter that the judge allowed her lawyer to word. This letter explained her plea, and I believe it said she did not admit guilt. It’s been a while now.

Glad you brought that up, though. I, too, have a hard time believing that the court would allow someone to babysit kids if they truly thought them capable of harming them. I mean, in the first case, the kid was REALLY beat up, apparently. If I were the prosecutor, and I really thought Peggy did it, I wouldn’t stop unless I got a conviction that put her in prison and kept her from watching kids. Instead, she put on probation for two years, and as part of her probation, she had to let the parents themselves choose whether they would allow Peggy to watch their kids.

As to your question as to whether the police fully investigated this case, let me shed some light. The victim’s mother took her to the PD after 7 p.m. on that Saturday. We got a call from the police around 9:30 p.m. saying Peggy was arrested and that we should consider looking for alternate day care on Monday. The police did not ask us if we noticed anything on Friday, the day in question. It wouldn’t have taken long for them to ask a few questions. The only question they asked was whether our daughter appeared to be abused. She had not. No further questions.

I specifically asked the detective what the case was based on. Was it based on any evidence. He told me that there was an accusation and that the victim had to be taken to the hospital, where it was determined she was abused. That’s all he would say, he didn’t want any further information from me.

We found out later that the victim’s mother took the child to the PD, and then they insisted the child go to the hospital.

Anyway, what happened jibed with Peggy’s story from the first time she was “investigated.” She had told us before the second allegation that the police showed no interest in interviewing the parents, other than the accuser.

To me, this shows that the police immediately determined she was guilty. They should have at least wanted to talk to the parents. Then, instead of respecting Peggy’s wish to talk to them with an attorney present, they dismissed her, never talked to her at all, and handed over the case to the PA, who had her arrested.

On top of this, it’s documented in court that the police did not talk to the person who was watching the child they day she was taken to the hospital. In fact, if they had talked to him, it’s quite likely they would have also arrested him on an outstanding warrant. Heck, why didn’t they arrest the guy, anyway? I hope they actually asked for his name and ran him through the system. I’m not a detective, but seems to me that you want to at least talk to the last person who was watching the child before she was brought to the PD.

I assure you that I’ve run all the circumstances through my mind hundreds of times, looking for inconsistencies in Peggy’s statements and the actual facts of the case. I have found her to be credible. On top of that, I’ve never seen her show any hostility toward the children, nor have I seen any signs of abuse.

Plus, I have the advantage of knowing a little about the accuser in this case, and I didn’t trust her before all this happened. My radar went up especially when she asked Peggy to house a druggie in a day care. That just doesn’t make sense any way you look at it.

When I put all this together, I come up with babysitter innocent. So far, all they’ve got is an accusation. Shouldn’t be enough for anyone to convict, but you just never know what a jury’s gonna decide.