Don't be Silent
  • Petitioning Child abuse and negelect can be stopped

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Child abuse and negelect can be stopped

Don't be Silent

    1. Margaret Foster Crim Maloney
    2. Petition by

      Margaret Foster Crim Maloney

      Buzzards Bay, MA

Don't be silent. Easy to say but yet hard for us to do.  We all think this sad situation will never happen in my family, well it did.  My nephew lost his life by his mothers hands. Amanda Smith was ill and it was documented in the court papers. She made over 200 calls to police because she heard people in her attic. Still Judge K. Mark Loyd claims he was not aware of these incidents when he granted Amanda her overnight unsupervised visit that turned fatal for Jacob.

The goal of this petition is to bring this to everyones front door, because with the drug and mental illness issues that are facing many parents today we as the people of our government need to demand change.  We as the family members need to assert tough love and protect the children and stop turning our backs.

There is no easy solution, we can not stop people from having children when we know they really shouldn't. Take a stand with my family and DON'T BE SILENT any longer.  Make people take notice, fight to get your grandbaby, niece, nephew, son or daughter away from a dangerous situation. Make the right choice and protect our babies.

Recent signatures

    News

    1. Found Guilty 55 years....

      Margaret Foster Crim Maloney
      Petition Organizer

      Mother pleads guilty, mentally ill in death

      By STEVE GARBACZ
      Daily Journal staff writer
      First Posted: September 21, 2014 - 9:40 pm
      Last Updated: September 21, 2014 - 9:40 pm


      Two years after drowning her son in the bathtub of her Trafalgar apartment, a mother pleaded guilty and will be sent to prison.

      Amanda Smith, 35, pleaded guilty but mentally ill to murder and attempted murder charges and was sentenced to 55 years in prison.

      She spent about 18 months in a state mental health facility after the death of her 3-year-old son, Jacob Smith. She was found competent to stand trial in April, and her attorneys had been preparing for a criminal trial to begin this month. With her plea agreement, the case will not go to trial.

      Smith will have her first opportunity for parole after she serves half her sentence, if she has good behavior while in prison, Johnson County Prosecutor Brad Cooper said. Parole isn’t guaranteed, so Smith potentially could serve more than 27½ years in prison, he said.

      That is a concern for the boy’s father, who thinks she should have been sentenced to life in prison, without the chance for parole.

      “I don’t think the sentence is appropriate,” Robert Crim said. “She drowned a baby.”

      Amanda Smith was arrested in February 2012 after she called police to her Trafalgar apartment. When police arrived, they found Jacob dead in bed, and Amanda Smith attacked officers with an ax. She told officers she drowned the toddler in the bathtub because her family was turning him against her and she saw nothing good coming out of his life.

      “It’s a horrible tragedy. It was her child. She maintains that this was something she was doing at the direction of God and for whatever reason,” Cooper said. “Either way the child is dead and it’s not coming back, and she’s going to prison for a long time. Nobody wins here.”

      She was charged with murder and attempted murder and pleaded guilty but mentally ill to both charges. The plea means she will go to prison and receive mental health treatment, although she will serve the sentence like any other inmate.

      She had considered a similar agreement last week but said she couldn’t agree to pleading guilty to a crime she didn’t feel responsible for. Smith could have had received 65 to 115 years total if convicted of both charges at trial. That likely would have meant she would have spent the rest of her life in prison.

      Her attorneys were not available Friday.

      Previously, Amanda Smith’s attorneys had planned an insanity defense before the case was put on hold while she received treatment. When she was deemed able to stand trial in April, her attorneys planned to present an insanity defense and show that she was suffering from her illness at the time of the murder. Two of three doctors who evaluated her said she was insane when she murdered the child, Cooper said.

      If she were found not guilty by reason of insanity, Smith would have been committed to a mental health hospital instead of prison and would be released when her treatment was complete, he said.

      Cooper said the conviction ensures Smith will continue to get the mental health treatment she needs but also remain incarcerated for a long period for the crime.

      Crim said Smith knew right from wrong and knew what she was doing when she killed their child.

      He thinks about his son every day and has a picture of his smile and his curly blond hair to remind him of his little boy. Crim previously lived in Bargersville, and when Jacob was killed, he was trying to get a county court to give him custody of his son. He has since moved to Phoenix.

      “It will never go away. The pain is always going to be there,” he said.

      After his son’s death, Crim and his sister, Margaret Maloney, started a petition on change.org. Their goal is to require courts to research records, such as police reports, about people involved in cases who have a history of mental illness before making decisions, including child visitation arrangements.

      Amanda Smith had called police multiple times before Jacob was killed, with reports ranging from people in her attic, her car being tampered with repeatedly and suspicious images she believed she saw on her home security system. Court records showed she had been diagnosed as schizophrenic.

      Court officials have said they were not aware of those calls to police; and weeks before Jacob’s death, the court had approved allowing Amanda Smith to have one overnight visit with her son each week. It was during one of those overnight visits that Jacob was killed.

      “All we can do is try to keep putting the story out there and never let people forget,” Crim said.

    2. Part 7

      Margaret Foster Crim Maloney
      Petition Organizer

      He also didn’t want the case to get moved outside the county if the judge determines that potential jurors are prejudiced because of media coverage, he said.
      Smith’s case is the only pending murder case in the county right now, Cooper said. She also faces a charge of battery resulting in bodily injury after police said she pushed a correctional officer at the Johnson County jail over a bench, knocking him unconscious and fracturing his arm, according to court documents.
      Smith is being held at the state facility in Rockville due to her condition, according to court documents. She will be transported to Johnson County for any future court hearings, with the next hearing set for June.

      --
      Annie Goeller
      Daily Journal Assistant Managing Editor

    3. Part 6

      Margaret Foster Crim Maloney
      Petition Organizer

      “We’re going to go forward. It’s just a matter of the court determining she’s (still) competent in order to get this in front of the jury,” Cooper said.
      Gag order still in effect
      The delay in the case should have no effect on Smith’s defense, which relies on proving that she was mentally ill when the death occurred, Roesener said.
      “Our evidence will center on that, and we thought she was so ill at the time she couldn’t appreciate the wrongfulness of what she was doing,” Roesener said.
      A gag order, which prevents police from talking about or releasing information about the case, is still in effect, Cooper said. The judge granted the gag order on March 20, 2012, and it remains in effect until she removes it, he said.
      The prosecutor requested the gag order early in the case because he said police were talking about details they shouldn’t have been releasing.

    4. Part 5

      Margaret Foster Crim Maloney
      Petition Organizer

      “It’s going to be very difficult to replace him. Someone is going to have to look back two years ago to her judge her sanity off of records,” Cooper said.
      Information about any mental health conditions, copies of psychological reviews and reports from the state facility of her treatment are confidential. Other local court case files said she had been diagnosed as schizophrenic.
      Psychologists also are being asked to check on her current mental health, and she will be monitored while being held at the Rockville Correctional Facility. If at any point she is determined to not be competent again, the trial would be postponed once more, Cooper said.
      Although Smith wasn’t able to stand trial for about a year and a half, Cooper said, he says he can prove that Smith knew what she was doing when she killed her son. He wants to get the trial started as soon as possible before any more complications could arise.

    5. Part 4

      Margaret Foster Crim Maloney
      Petition Organizer

      Smith was convicted of child neglect after a March 2009 arrest in which police said she was smoking crack in a Greenwood apartment, with Jacob in the home. She was arrested again in April 2010 when she called police to report she and her boyfriend had been smoking crack in their Franklin home, according to court records.
      She also had an ongoing case in a local court over visitation and custody of Jacob. Her mother had custody of the child, but about a month before his death the court allowed Smith to have weekly overnight visits at her Trafalgar apartment. It was during one of those visits that police said Smith killed the child.
      Monitoring to continue
      A key part of the criminal case will be reports and testimony from psychologists who evaluated Smith’s mental state after the incident. But one of the doctors who completed an evaluation, Dr. Richard Lawlor, has died since the case was filed, and his report no longer can be used because he can’t be questioned, Cooper said.

    6. Part 3

      Margaret Foster Crim Maloney
      Petition Organizer

      Smith’s current mental state is a factor only in determining whether she can stand trial. Smith’s attorneys will defend her by presenting evidence to show she was mentally ill at the time of the drowning, while the prosecution will try to prove she knew and understood what she was doing and committed murder.
      On Feb. 27, 2012, Smith told police she drowned her son in the bathtub to end any misery he would face in the future, according to police reports. She called police about 9 p.m. and swung an ax at officers before she surrendered and was arrested, police reports said. Paramedics found the child, who was unresponsive, in a bedroom and rushed him to Johnson Memorial Hospital, where he was pronounced dead.

    7. Part 2

      Margaret Foster Crim Maloney
      Petition Organizer

      Last month, the state hospital where Smith is being treated sent an updated report that she had finished her treatment and was ready for trial. Emkes has asked for two psychologists who had met Smith before to do new evaluations of whether she is competent and can assist with her own defense, Prosecutor Brad Cooper said.
      Smith’s attorneys plan an insanity defense, meaning that a mental illness prevented Smith from understanding what she was doing was wrong, attorney Andy Roesener said. A person found not guilty of a crime due to reason of insanity does not serve prison time but could be committed to an inpatient mental health facility or be ordered to continue receiving treatment for an illness, he said.

    8. Recent Update

      Margaret Foster Crim Maloney
      Petition Organizer

      Trafalgar mother charged in 2012 drowning death of 3-year-old

      After a year and a half of treatment at a state mental health facility, a Trafalgar woman accused of drowning her 3-year-old son is now fit to stand trial.
      Amanda Smith, 36, completed treatment at Logansport State Hospital as of last month, and the judge has set a trial date for September.
      Police said Smith drowned her 3-year-old son, Jacob, in the bathtub at her apartment in February 2012. She told police that she thought her family was turning her son against her and that she saw nothing good coming out of his life, according to court documents. Smith was charged with murder and attempted murder.
      Psychologists determined Smith was not mentally competent to assist her attorneys with her defense. Johnson Superior Court 2 Judge Cynthia Emkes ruled Smith was not competent, and the trial was postponed while she received treatment.

    9. Reached 500 signatures
    10. This tragedy continues....where the signs missed?

      Margaret Foster Crim Maloney
      Petition Organizer
      CT Grandmother Allegedly Kills Grandsons, Self

      A grandmother and her two grandchildren have been found dead in Connecticut after an alleged murder-suicide. FOX News Radio's Courtney Kealy reports: 47-year-old Debra Denison and her two young grandsons were found dead in a parked vehicle according to authorities in Connecticut.

    11. Wriiten by Sheila Walker Carroll, Thank you

      Margaret Foster Crim Maloney
      Petition Organizer
      A father's fight for change in the justice system takes him across the U.S.

      Sheila Carroll graduated from Texas A & M University with a BS in Psychology and an MS in Counseling/Psychology. She has over 13 years' experience in research and investigative writing. Sheila has written for numerous publishers and online organizations. She has also written a book whose target...

    12. Annie Goeller helped bring this back to the forfront, Thank you

      Margaret Foster Crim Maloney
      Petition Organizer
      C. Ind. man channels grief over son's death into push to revise visitation rules

      The Daily Journal is dedicated to community service, to defense of individual rights and to providing those checks upon government which no constitution can ensure. The dailyjournal.net web site was built with this same set of principals and values in mind...to continue the Daily Journals mission on the Web.

    13. Reached 250 signatures
    14. Latest News

      Margaret Foster Crim Maloney
      Petition Organizer

      Amanda has been sent to a mental hospital for 6 to 12 months to be treated so that hopefully she can be stable to stand trial. Please continue to sign and pass this petition around, we need to stand up and protect our children. Laws need to change.

    15. More evidence of Amanda's unstable condition

      Margaret Foster Crim Maloney
      Petition Organizer

      Laws need to change. The report was over 1000 pages and the judge claims to not have had access to them.

    16. Trial at end of this month to determine if Amanda Smith is competent.

      Margaret Foster Crim Maloney
      Petition Organizer

      Please sign and pass to others, we need to stop this child abuse and neglect.

    17. Reached 100 signatures
    18. History not issue in hearing

      Margaret Foster Crim Maloney
      Petition Organizer

      With little evidence, Amanda was granted this final overnight that ended his Jacob's life.

    19. Reached 10 signatures

    Supporters

    Reasons for signing

    • Anita Kanitz STUTTGART, GERMANY
      • 10 months ago

      While we try to teach our children all about life,

      Our children teach us what life is all about.

      ~Angela Schwindt

      What is a home without children? Quiet. ~Henny Youngman

      REPORT THIS COMMENT:
    • Jada Viola DUBACH, LA
      • 11 months ago

      This child`s life was taken and should never have been permitted to have visitation alone, The court system let him suffer at the hands of his mother who should have been given help not an overnight stay.

      REPORT THIS COMMENT:
    • cecila kyle PARIS, TX
      • 11 months ago

      To save a child from abuse, or anyone that suffers from abuse.

      REPORT THIS COMMENT:
    • mary ann kozick ROME, NY
      • 11 months ago

      because we CANT BE SILENT we have to speak for the children

      REPORT THIS COMMENT:
    • sherry evans FAIRDALE, KY
      • about 1 year ago

      want to stop children from negelect in abuse... Children have a reason to be happy in loved...

      REPORT THIS COMMENT:

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