MA - Kristoff Zenopolous, infant, Foster parents, Matthew Tucker & Cassandra Tucker, 15 Apr 2022

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  • #1
A judge has dismissed the manslaughter case brought against two local foster parents in connection with the death of an infant in their care.

In a 17-page ruling Monday, Superior Court Judge John Agostini called the evidence against Matthew Tucker and Cassandra Barlow-Tucker "circumstantial and not particularly strong," and found the office of Berkshire District Attorney Andrea Harrington failed to present to the grand jury sufficient evidence to support the indictments.

Agostini said prosecutors downplayed statements favorable to the Tuckers and attacked the couple's character, leaving grand jurors with a "hopelessly slanted" view of the Tuckers.
Judge faults Berkshire DA's handling of case involving foster child's death and dismisses charges against Adams couple

Case background
A Berkshire County grand jury on March 23, 2021, handed up indictments charging Tucker and Barlow-Tucker with involuntary manslaughter involving neglect of legal duty and reckless endangerment in the death of Kristoff Zenopolous.
Judge faults Berkshire DA's handling of case involving foster child's death and dismisses charges against Adams couple
 
  • #2
Massachusetts???

The state that 'lost' Harmony Montgomery?

The article indicates the child died of medical complications -- when DCF staff knew that he was ill:

Since others in the household were sick at the same time with typical flu symptoms, an "ordinary parent without professional medical training or expertise" would have difficulty recognizing Zenopolous' condition as symptomatic of a massive infection, the judge said.

Agostini also noted that two different social workers visited with Zenopolous on three occasions in late January and early February, and didn't think his medical condition was concerning enough to seek help right away from DCF.


and

Further, the Tuckers' DCF family resource social worker, Kim Simon, told state police that the couple was among the most "conscientious, engaging and forthcoming" foster parents she'd worked with. However, Agostini said her statements were on "a disk that was submitted but not played to the grand jury."

Dear God, a civilized society protects orphans. What is happening in our nation?

(We seem to be growing very skilled & consistent about protecting alleged & accused criminals....)

jmho ymmv lrr
 
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  • #3
I am sorry, but who doesn't take a wheezing baby to the doctor many times? Wheezing is not normal. And it doesn't matter that others in the household were sick - wheezing is still not normal or acceptable.
 
  • #4
i’ve birthed both my children at home & have a great fear of the medical-industrial complex, (phobia, neurosis, what have you) my kids attend the pediatrician at the bare minimum for vaccines and that is it. i really treat most illnesses at home but!!! to not bring a young baby to seek medical attention when they have shortness of breath shows me that this child was nothing more then the money it brought in via foster services. almost all parents know wheezing and shortness of breath should never be ignored regardless of age! and these are seasoned veterans, something like 50 kids have been placed with them previously. i feel so sorry for that baby. pneumonia is painful.
 
  • #5
Article linked upthread states that the baby had a prescribed nebulizer that helped the breathing. Foster parents were addressing the wheezing as directed by the pediatrician selected by New Hampshire.

Just repeating the quote, indicating that employees of the State of New Hampshire knew he was ill:

Since others in the household were sick at the same time with typical flu symptoms, an "ordinary parent without professional medical training or expertise" would have difficulty recognizing Zenopolous' condition as symptomatic of a massive infection, the judge said.

Agostini also noted that two different social workers visited with Zenopolous on three occasions in late January and early February, and didn't think his medical condition was concerning enough to seek help right away from DCF.
 
  • #6
Article linked upthread states that the baby had a prescribed nebulizer that helped the breathing. Foster parents were addressing the wheezing as directed by the pediatrician selected by New Hampshire.

Just repeating the quote, indicating that employees of the State of New Hampshire knew he was ill:

Since others in the household were sick at the same time with typical flu symptoms, an "ordinary parent without professional medical training or expertise" would have difficulty recognizing Zenopolous' condition as symptomatic of a massive infection, the judge said.

Agostini also noted that two different social workers visited with Zenopolous on three occasions in late January and early February, and didn't think his medical condition was concerning enough to seek help right away from DCF.

ah so DCF dropped the ball once again. thank you for clarifying.
 
  • #7
Article linked upthread states that the baby had a prescribed nebulizer that helped the breathing. Foster parents were addressing the wheezing as directed by the pediatrician selected by New Hampshire.

Just repeating the quote, indicating that employees of the State of New Hampshire knew he was ill:

Since others in the household were sick at the same time with typical flu symptoms, an "ordinary parent without professional medical training or expertise" would have difficulty recognizing Zenopolous' condition as symptomatic of a massive infection, the judge said.

Agostini also noted that two different social workers visited with Zenopolous on three occasions in late January and early February, and didn't think his medical condition was concerning enough to seek help right away from DCF.


Still. I certainly don't rely on social workers to tell me if my baby is sick enough to go to the doctor. And if my child, foster or birth, is not getting better in a few days, I take them back, just in case. These foster folks did not take good care of this precious one. JMO
 

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