GUILTY AZ - Matthew Vandergriff, 6 wks, tortured to death, Bullhead City, 15 June 2010

[Belinda]

Jonathan Edward Vandergriff, 23, and Staci Lynn Barbosa, 19, are each charged with first-degree murder, child abuse by domestic violence, sexual assault of a minor under the age of 15 and sexual conduct with a minor under the age of 15.

From link above. I think there needs to be at least one more level on the sexual assault that deals with young children and babies. While sexual abuse is always horrifying, when it concerns a very young child, I feel that should bring a new level of charges. Anyone else agree?

 

[LCoastMom]

From link above. I think there needs to be at least one more level on the sexual assault that deals with young children and babies. While sexual abuse is always horrifying, when it concerns a very young child, I feel that should bring a new level of charges. Anyone else agree?

I was thinking the same thing when I kept seeing that "minor under the age of 15" - a young teenager can walk out the door, a school age child can tell someone, an infant or toddler is completely helpless and dependent. Makes me sick to my stomach and enrages me every time I think about what these babies suffer at the hands of monsters.

 

[MsFacetious]

From link above. I think there needs to be at least one more level on the sexual assault that deals with young children and babies. While sexual abuse is always horrifying, when it concerns a very young child, I feel that should bring a new level of charges. Anyone else agree?

I completely agree and I have complained about it A LOT.
I'm not sure what the age should be... but I actually think maybe there should just be separate charges.

Under 1 year
Under 3 years
Under 5 years
Under 10 years
Under 15 years

Something like that.

I ALSO thinking if a child with a disability is involved, the level of disability should somehow be reflected.
But I have no clue how that would happen.

 

[LCoastMom]

Bumping for Matthew. Tomorrow is the day Vandergriff is due in court, I'll be watching for updates.

 

[Gingy]

This case has affected me like no other.

I only found WS when I started following the Lisa Irwin case. I happened upon Baby Matthew's case just recently. I am sickened beyond belief that anyone could treat any human this way, let alone their 4 week old son.

I cannot get Matthew out of my mind. What these monsters did makes me cry and shakes my faith to the core. How can people be this way? If they didn't want him, why couldn't they have given him for adoption or brought him to a police station or hospital? Why has the state been so apathetic in prosecuting?

Justice must be served - I cannot fathom thinking that Matthew's "mother" will be out in 13-20 - still of child bearing age and able to do this to another.

What can we do to stop these horrific acts against babies and children? What type of advocacy needs to happen? Whatever it is, I want to be a part of it so that little Matthew's death was not in vain.

 

[LCoastMom]

This case has affected me like no other.

I only found WS when I started following the Lisa Irwin case. I happened upon Baby Matthew's case just recently. I am sickened beyond belief that anyone could treat any human this way, let alone their 4 week old son.

I cannot get Matthew out of my mind. What these monsters did makes me cry and shakes my faith to the core. How can people be this way? If they didn't want him, why couldn't they have given him for adoption or brought him to a police station or hospital? Why has the state been so apathetic in prosecuting?

Justice must be served - I cannot fathom thinking that Matthew's "mother" will be out in 13-20 - still of child bearing age and able to do this to another.

What can we do to stop these horrific acts against babies and children? What type of advocacy needs to happen? Whatever it is, I want to be a part of it so that little Matthew's death was not in vain.

Gingy, I don't know how to stop the abuse but one thing I've found that seems to help insure justice is to let the "powers that be" know we are watching and know that we expect them to do their job to see the perp put away and justice for the victim.

If at all possible go to the hearings, go to the trials, be an advocate for these children whose parents weren't willing to be the one to love and protect their babies. Let the DA's office know who you are and why you are there.

I'm currently in CA fighting a different battle, but you can bet if I were able to go to the courthouse as a witness for Matthew I would be there.

 

[LCoastMom]

Jonathan Edward Vandergriff, 25, is charged with first-degree murder, child abuse by domestic violence, sexual assault of a minor under the age of 15 and sexual conduct with a minor under the age of 15 for the death of his infant son in June 2010. He is being held on $500,000 bond.

At Tuesday’s status hearing, Vandergriff asked for a new attorney and to reinstate his former attorney, Creighton Cornell, of Tucson.

Superior Court Commissioner Derek Carlisle denied Vandergriff’s request for a new attorney, saying that as an indigent defendant, Vandergriff is not entitled to an attorney of his choice. He may retain Cornell or Cornell can act pro bono, for free. Cornell still did not answer whether he was retained or representing Vandergriff pro bono.

In another issue, Deputy Mohave County Attorney Greg McPhillips again asked to release the victim’s body, saying it is becoming a health issue for medical examiner’s employees. Craig objected, saying he needed an expert to conduct their own tests. That motion and others will be argued at the next hearing, which was set for March 29.


More at Link:

http://www.mohavedailynews.com/articles/2012/02/15/news/local/doc4f3b702feed3f138375592.txt

Well there we have it, baby Matthew's body has still not been released for burial and none of his 7 attorneys have gotten around to having their tests conducted YET. It's been 20 months I cannot believe none of them have had the time!

 

[JoeFromLB]

Someone please tell me how in the world this man deserves SEVEN attorneys!

 

[Bipolar Express]

the fact that he is in Pink flowered shirt, further breaks my heart. Not because of the shirt necessarily, because what if they couldnt afford anything...but STILL. Knowing what happened to him just points to the probability that the pink flowered shirt was just an indicator of how little they thought of him as a person, an individual, a little boy who would grow up and do little boy things. It just shouts to me, that they never cared. At all.

 

[LCoastMom]

the fact that he is in Pink flowered shirt, further breaks my heart. Not because of the shirt necessarily, because what if they couldnt afford anything...but STILL. Knowing what happened to him just points to the probability that the pink flowered shirt was just an indicator of how little they thought of him as a person, an individual, a little boy who would grow up and do little boy things. It just shouts to me, that they never cared. At all.

This is exactly how I viewed this. You can buy onesy's from a thrift store or Dollar General for a buck. They just couldn't be bothered but they were spending money on drugs so it isn't that they couldn't buy something just for him.

I don't think they ever saw Matthew as a person, a little boy who should have had his own little life. My heart is just broken for him. What a sad, short life those <insert derogatory name of choice> gave this precious baby.

 

[Belinda]

Poor, poor little baby. It seems no one cared about him. Well, he has us now. We need to find someone local who can go to the court hearings on his behalf. He deserves for someone to be sitting on the prosecutor's side just for him. Does anyone know of a local member we can ask?

 

[MorenoI]

This baby is still not buried? Please let him rest in peace already. He deserves that and much more. And this "thing" has 7 attorneys? WTH??

 

[LCoastMom]

It appears that he is down to two. One assigned by the state because he's indigent and one who refuses to let go even though the state is refusing to pay him. It's interesting that Mr Cornell still has not answered whether he was retained or is representing Vandergriff pro bono.

 

[Gingy]

The admin of the justice for baby Matthew FB page (I think this is the one linked to earlier) has said that she will fight to get his body released to her if his family does not want him (I can't even imagine - but this case has shaken me up so badly it wouldn't surprise me).

It sounds likes she is an advocate for this poor little guy. Although I am not "on" FB, the pages are accessible. According to her timeline, police were at the home a couple of weeks prior to Matthew's death and found drugs. They left the kids in the parents care. Sighhhh.

 

[LCoastMom]

The admin of the justice for baby Matthew FB page (I think this is the one linked to earlier) has said that she will fight to get his body released to her if his family does not want him (I can't even imagine - but this case has shaken me up so badly it wouldn't surprise me).

It sounds likes she is an advocate for this poor little guy. Although I am not "on" FB, the pages are accessible. According to her timeline, police were at the home a couple of weeks prior to Matthew's death and found drugs. They left the kids in the parents care. Sighhhh.

It is the site previously linked. She is passionate about Matthew but I'm not sure she needs to worry about taking custody of his remains. Matthew's paternal grandmother (allegedly) has tried to get his body released for burial and was denied because the defense has not done their testing. If what I read at the time is correct she has even received donations to pay for the transportation/interment.

The police involvement re the drug find was written up in an article found in MSM not long ago. I haven't attempted to verify the information.

If it is true that Matthew had drugs in his system at birth.
If it is true LE searched the house and found drugs two weeks before Matthew died.
We know it's true JV was jailed for 6 months on a child abuse conviction. It truly begs the question; why were those children left in the house with Staci Barbosa and Jon Vandergriff?

 

[charok]

There are no pictures. Can you imagine? Such a horrific case.

it is sad, but unfortunately that statement made me think of briana lopez, NM infant, appx what 4-5 mos old, battered( iirc even sexually) and killed. no picture of her alive, only pic taken of her was ( after death) my heart breaks for them both

 

[Gingy]

If it is true that Matthew had drugs in his system at birth.
If it is true LE searched the house and found drugs two weeks before Matthew died.
We know it's true JV was jailed for 6 months on a child abuse conviction. It truly begs the question; why were those children left in the house with Staci Barbosa and Jon Vandergriff?

You are spot on with this. I did a quick search and back in 2003, there was still a debate on whether "drug babies" should be considered abused by their mothers at birth (I can post the link with an ETA if anyone wants it).

In 2005, however, the Governor of AZ provided guidelines in that any newborn infant suspected of having drugs in his/her system had to be reported to CPS. So, where were the doctors and CPS in this case? (so infuriating!)

http://www.governor.state.az.us/cps/documents/SenGuidelines.pdf

 

[LCoastMom]

You are spot on with this. I did a quick search and back in 2003, there was still a debate on whether "drug babies" should be considered abused by their mothers at birth (I can post the link with an ETA if anyone wants it).

In 2005, however, the Governor of AZ provided guidelines in that any newborn infant suspected of having drugs in his/her system had to be reported to CPS. So, where were the doctors and CPS in this case? (so infuriating!)

http://www.governor.state.az.us/cps/documents/SenGuidelines.pdf

I am shocked that is even a question! Where has common sense gone? I worked in obstetrics back in the 1980's and saw babies taken into state's custody right in the newborn nursery! I saw women arrested in their hospital bed! This was a private hospital, not the County General so we didn't see drug babies everyday, but I don't know of even one who was discharged to the mother!

Women are discharged so soon after the birth today, I wonder if the results came in after Matthew had been discharged? If so, why was he not removed from that house immediately? Maddening!

 

[LCoastMom]

http://www.azinews.com/2011/02/11/defense-challenges-vandergriff-prosecution/

<snipped>

Attorneys representing the defendant suggest a rush to judgment by doctors and detectives led to the &#8220;misguided&#8221; prosecution of Jonathon Vandergriff, 24.

In pre-trial motions filed last September (2010) and in January (2011), and in open court, Cornell has maintained that an abominably flawed presentation to the Grand Jury resulted in the criminal charges against Vandergriff. Cornell argues the charges should be dismissed and the case remanded to the Grand Jury for any attempt to establish probable cause for indictment and prosecution.

&#8220;The evidence was presented in such a way as to lend the appearance of an open and shut case against Jonathan when nothing could be further from the truth,&#8221; Cornell argued in a motion to the Court.

In his pleadings Cornell alleges that prosecutor Greg McPhillips and Bullhead City Police Detective Brent Auman misrepresented some evidence while withholding other information during the Grand Jury presentation last summer.

Cornell noted for example that Auman told the Grand Jury that a doctor advised that Matthew was &#8220;perfectly healthy and had no problems&#8221; at birth. He argued it was unfair that the panel was not told that Barbosa suffered from anemia and that she lost another baby within minutes of its birth without a skull cap a year before Matthew&#8217;s death.

The defense contention is that the Grand Jury was entitled to be aware of Barbosa&#8217;s birthing history and the possibility that Matthew might not have been perfectly healthy at birth as was suggested. Additionally, the defense suggests Matthew&#8217;s prolapsed rectum condition was not necessarily the result of a sexual assault.

This article is from 02/2011 but I don't recall seeing it here before. This is the defense that Mr Cornell was presenting at the time. A small piece of his attempt to have the case dismissed.

 

[LCoastMom]

Coverage of Staci Barbosa's conviction:

<snipped>

A Bullhead City woman faces substantial prison time after pleading guilty to second degree murder in the death of her five-week-old son.

Barbosa was never accused of inflicting the injuries that claimed the life of Matthew Vandergriff in June, 2010. But she is convicted in the homicide for failing to protect their infant from abuse allegedly inflicted by the father Jonathan Vandergriff, 25.

Prosecutor Greg McPhillips said the baby was malnourished and dehydrated when rushed to a local hospital. He said the baby was covered in bruises in various stages of healing and suffered a broken leg as well.

The Clark County Medical Examiner concluded he died of blunt force trauma to the head.

McPhillips said Barbosa was aware of her baby’s health distress but waited days before friends’ convinced her to seek medical attention. The victim’s father awaits trial for first degree murder and sex offenses for allegedly brutalizing and sodomizing his son.

http://www.azinews.com/2011/10/06/barbosas-failure-to-protect-baby-led-to-murder-conviction/

Barbosa is due back in court March 2.