GUILTY VA - Aveion Lewis, 2, Roanoke, 14 January 2010 #3

[Cubby]

Carried over from the Aliayah Lunsford thread:

Websleuths Crime Sleuthing Community - View Single Post - WV WV - Aliayah Lunsford, 3, Lewis Co., 24 September 2011 - #7

the above post discusses addiction and some possible theories of welfare fraud. Morgan would have been receiving benefits from both SNAP (food stamps and possibly cash assistance) along with WIC since she was pregnant. I highly suspect Brandon was trading those benefits for drugs or drug money. From what we found on his social networking pages, it appears he was sitting around getting stoned all day while he was supposed to be caring for the children.



The other thing that kills me, is how the heck did they manage to isolate themselves from ANY kind of help, including family, during those mere 4 months between the time social workers quit visiting the house and Aveions disappearance and death? I mean clearly, this child was 8 lbs at 15 months. On a scale of 1-10 the assistance this child needed was a 10. This wasn't some isolated incident. In order for this child to have lost 50 percent of his body weight it took TIME. Why didn't family insist on checking in on them? Why didn't so many things happen? :sigh:

 

[MBLover]

http://www.roanoke.com/news/breaking/wb/299841

Mom pleads no contest in Aveion murder
By Neil Harvey | The Roanoke Times

Morgan Lockett, tears streaming down her cheeks, pleaded no contest today to second-degree murder and felony child abuse in the killing of her 2-year-old son, Aveion Lewis.

The 24-year-old mom of four other children struck a deal with prosecutors as her murder trial before a Roanoke Circuit Court jury entered its sixth day. In exchange for the plea, prosecutors dropped a child endangerment charge.

Lockett’s husband, Brandon Lockett, who was Aveion’s stepfather, pleaded no contest to second-degree murder and child abuse in August.

Weckstein said Brandon Lockett yesterday asked to withdraw his plea.

 

[Cubby]

you beat me this time, MLB.

From the above link posted by MLB:

Juror Mike Payne of Roanoke said afterward he didn’t believe the prosecution presented enough evidence to prove murder.

“I guess what I believe and a lot of other people believe are two different things,” Payne said outside the courthouse. “There wasn’t enough evidence to justify that charge. I didn’t see enough to justify that for myself.”

Payne said he was disappointed in the outcome.

“I wanted to follow it to the end,” he said.


Wow! I find this surprising and incredibly shocking. I can't imagine anyone not seeing purposely withholding nurishment from an infant or toddler as anything other than murder. I'd be very interested in hearing more of why Mr. Payne believes this was not murder and his thoughts. Perhaps he will find us here at WS and share his beliefs and why.

 

[Cubby]

http://www.roanoke.com/news/breaking/wb/299841

Mom pleads no contest in Aveion murder
By Neil Harvey | The Roanoke Times

Morgan Lockett, tears streaming down her cheeks, pleaded no contest today to second-degree murder and felony child abuse in the killing of her 2-year-old son, Aveion Lewis.

The 24-year-old mom of four other children struck a deal with prosecutors as her murder trial before a Roanoke Circuit Court jury entered its sixth day. In exchange for the plea, prosecutors dropped a child endangerment charge.

Lockett’s husband, Brandon Lockett, who was Aveion’s stepfather, pleaded no contest to second-degree murder and child abuse in August.

Weckstein said Brandon Lockett yesterday asked to withdraw his plea.

BBM. What an arse. He likely made that choice after hearing the judge took 1st degree murder off the table. So much for him maning up and taking his responsibility for his abuse and neglect in Aveions death. He is words I can't say without being banned and I hope the GP he'll be spending time with hears those words of his, learns of what he did to that child and gives him some good ole' GP justice Dahmer style!

jmo

ETA: Shame on me, but sometimes I wish we had an eye for an eye type justice system. Brandon deserves to have done to him exactly what he did to little Aveion. :furious:

 

[MBLover]

Cubby - if you would have seen that guy being interviewed on the local news... Those were someone else's words, not his. Not trying to degrade the guy, but he just didn't appear to have the "smarts" to come up with a statement such as that (JMHO)

http://www.roanoke.com/news/roanoke/wb/299884

Stepdad in Aveion Lewis case wants to pull his no contest plea
Brandon Lockett says he felt pressured by his attorneys to make a plea agreement.

By Mike Gangloff

Convicted of killing his stepson Aveion Lewis, Brandon Lockett said in a letter that he is innocent and wants to withdraw a no contest plea to defend himself in a trial.

Writing from the Roanoke City Jail, where he has been held since January 2010, Lockett said he pleaded no contest to a second-degree murder charge about six weeks ago because he thought a murder charge against his wife, Morgan Lockett, would be dropped.

(more at link)

I wish I had been able to go to the courthouse during Morgan's trial...but unfortunately I was incapacitated with a kidney stone... Compared to what I've seen on CourtTV with other cases...our local justice system seems to be a bit wonky to me

 

[cc81]

so Brandon wants a retrial and then if he gets one, Morgan will want a new one.. then Brandon won't like the end results again and will want another trail, then Morgan.......
I'm all about fairness in court, but you gotta draw a line somewhere! The only true recourse IMO would be for the prosecution to restrategize and can put murder 1 back on the table... (no idea if they can even do that)

 

[Cubby]

From the link in MLB's post #205:

Weckstein said he would not let the lawyers go. He announced his decision after a long conversation with Lockett in which the defendant agreed that attorneys should present their best advice, whether or not the client liked it. Lockett also said he understood that it was up to him whether or not to take his case to trial.


I don't think either will be allowed to pull their plea. They'd be flip flopping forever and wasting everyones time and tax dollars if they were allowed to. I believe they'll have the opportunity to appeal the sentence once it is handed down, but I think the plea is kind of written in stone at this point.

 

[Cubby]

MLB, thanks for the info on the local news broadcast. I have a request for you. When the CPS stuff goes down, and the investigation into where CPS failed and what changes are being presented and going to be made, will you please follow that and update that here?

There are few CPS failures that haunt me as much as this one, and while these two are awaiting sentencing, I am still very much interested in following the CPS side of this case. I'm just not sure as a non local I'll find the info.

thanks! :blowkiss:

 

[MBLover]

Hey Cubby! Will definitely do! I expect the local newspaper will do a pretty good job of keeping up with the stories for the CPS stuff. I'm wondering about this too...as I know some people who work for CPS...and I hope none of them are involved with this case.

 

[MBLover]

http://www.wdbj7.com/news/wdbj7-bra...-in-death-of-stepson-20111108,0,1399174.story

Brandon Lockett wants his no-contest plea thrown out in death of stepson

(very small story at link

~~~~~~~~~~~~~~~~~~~

http://www2.wsls.com/news/2011/nov/08/judge-leaves-possibility-open-brandon-lockett-get--ar-1444981/

Judge leaves possibility open for Brandon Lockett to get jury trial

(little more to this story at link - than previous link)

 

[Cubby]

From the second link in MBL's above post:

If Weckstein agrees with Brandon Lockett's motion, prosecutors could reinstate a first degree murder charge against him, Weckstein said in court.
Brandon Lockett avoided the possibility of a first degree murder conviction by agreeing to his original plea deal.

Scratching my head. If BL had plead no contest to a 1st degree murder charge, I could understand his request to pull it after learning the judge dropped the 1st degree murder charge in his wifes case.

I don't believe he'd beat a trial with a second degree murder charge and my guess is the judge would again pull the second degree murder charge for the same reasons done so in Morgans trial.

So what the heck is BL thinking? He can be found not guilty of the 2nd degree charge? *shakes head*


Thanks for continuing to find these updates MBL'. I really appreciate it and am interested in seeing how the judge rules on BL's request.

 

[MBLover]

Thought you all might be interested in this editorial in yesterday's local newspaper

http://www.roanoke.com/editorials/wb/301020

Editorial: A moral obligation to pick up the phone
One report would have reopened Aveion Lewis' case and given him a chance to survive. No one called.

News of a toddler's violent death hits the public like a gut punch whatever the circumstances. But Aveion Lewis' story was a trail of agony: the initial, false report of a kidnapping; recovery of his body from a landfill, as if he'd been so much trash; slowly dawning realization of the sustained brutality Aveion must have suffered before his life was snuffed out before he reached age 3.

His rocky start in life had triggered all the legal safeguards society had created to snatch him away from harm, but they ultimately failed to save him.

Beyond the people legally charged with protecting him, Aveion needed one caring person to see his plight and recognize a personal responsibility to intervene. One person to pick up a phone and call Roanoke's Department of Social Services. One person to report suspected abuse.
(More at Link)

Cubby - about BL - JMHO...I think he's an idiot...

 

[Cubby]

MBL' Thank you SO much for posting the above link and snippet. You have no idea what this means to me. I have tears in my eyes for Aveion and how grateful I am you have continued to follow up on this story as a local. Thank you!

Reading JConlins comment brought back our early discussions of her and the whole CPS fiasco here at WS in earlier threads.....

From that same article linked in the previous post of MBL's:

If people can agree that child abuse is intolerable, they must not tolerate it. They cannot wait and hope authorities will intervene. Local social services offices investigate reports; they need cause. "We can't go knocking on doors," Jane Conlin, director of Roanoke's Social Services Department, said in a brief phone interview.

Conlin was reluctant to speak specifically about Aveion's case before his parents are sentenced on second-degree murder and child abuse convictions. When that is done, she said, "I'm hoping for some kind of community conversation.


We know from information released through MSM from the trial the state still had legal custody of Aveion for much of the time he was being abused after physical custody was returned to ML and BL. I'm very much interested in hearing what Ms. Conlin has to say with respect to her agency, and what they are and are not able to do while the state still retains legal custody of children.

As a never married single parent, there is and has always been only one definition of 'legal custody' for me and that is the person with the legal rights to make decisions for the children. If the state having legal custody means the state can't make legal decisions for a child, then we have some serious problems.

 

[Cubby]

As for BL, ya, I agree MLB'. He strikes as the type of guy who would make a peanut butter and jelly sandwich and then ask, Whadya mean you're not supposed to put peanut butter on one slice of the bread and jelly on the other side? Not working with a full deck upstairs.


Now that Aveion has some justice, hopefully his murder and these mistakes will not have been made in vain. God rest his soul. I know I will never forget him and am grateful he enjoyed love and happiness in the few short months he was fostered.

 

[MBLover]

The State did fail him greatly...I don't know that I will ever understand why better tabs weren't kept on this boy. I'm still shaking my head over this. I will also be glad when more information comes to light regarding the CPS issues/non-issues or whatever the case may be.

To me it reeks of not caring about humanity because of their "lot in life"... Like, oh well...this child lives in the projects...it's not our problem... Kind of thing... Horribly sad situation...and now the best thing that I can hope is that someone will lose their job over not protecting this precious child.

 

[MBLover]

Waiting for local NBC channel (WSLS10) to put up an exclusive story on their web-site. Extensive interview with the foster mother of Aveion. Hopefully they will have this up soon. Interesting comments made by this foster mother.

 

[MBLover]

I was hoping there was going to be video with this story - as was shown on the local newscast... However, it's apparently basically just the transcript.

http://www2.wsls.com/news/2011/nov/21/aveion-lewiss-foster-mother-speaks-ar-1475442/

Aveion Lewis's foster mother speaks

By: SCOTT LEAMON
Published: November 21, 2011

Aveion's foster mother, Michelle Yopp, took a picture of him seven hours after taking him home.
"He actually scared me,” Yopp said. “Here they are handing me this child that isn't mine that was literally knocking on death's door at the time."
But for first time in his brief life, Yopp said, Aveion Lewis finally had a mother.
"We started him out feeding him two ounces every two hours. Otherwise it was just projectile vomit everywhere because his stomach just couldn't hold it,” she said.
The plan was simple, since Aveion looked like an infant; treat him like one.
And the plan worked.
Yopp said Aveion's strength came back a few weeks into foster care.

(more at link)

 

[MBLover]

http://www2.wsls.com/news/2011/nov/28/judge-decide-if-brandon-lockett-gets-trial-aveion--ar-1498981/

Judge to decide if Brandon Lockett gets trial in Aveion Lewis case

In a court hearing scheduled for tomorrow afternoon (Nov. 29), a judge will decide if Brandon Lockett will be allowed to withdraw his no contest pleas to second degree murder and felony child abuse in the Aveion Lewis case.

Very short story - a little more at link

 

[Cubby]

I was hoping there was going to be video with this story - as was shown on the local newscast... However, it's apparently basically just the transcript.

http://www2.wsls.com/news/2011/nov/21/aveion-lewiss-foster-mother-speaks-ar-1475442/

Aveion Lewis's foster mother speaks

By: SCOTT LEAMON
Published: November 21, 2011

Aveion's foster mother, Michelle Yopp, took a picture of him seven hours after taking him home.
"He actually scared me,” Yopp said. “Here they are handing me this child that isn't mine that was literally knocking on death's door at the time."
But for first time in his brief life, Yopp said, Aveion Lewis finally had a mother.
"We started him out feeding him two ounces every two hours. Otherwise it was just projectile vomit everywhere because his stomach just couldn't hold it,” she said.
The plan was simple, since Aveion looked like an infant; treat him like one.
And the plan worked.
Yopp said Aveion's strength came back a few weeks into foster care.

(more at link)

What a heartbreaking article. My heart aches for MY, though I am thankful Aveion learned what a mommy and family were like with his short time with her.

From the above article:

In an order from Roanoke city juvenile and domestic relations judge Joseph Clarke, dated September 19th, 2009, the final order returning Aveion to Morgan Lockett, DSS requested that Aveion Morgan Lockett make sure and take Aveion to all his doctor’s appointments, but there was not a mechanism set up to check

I'll have to go back and look at the dates, but IIRC the mechanism was supposed to be LEGAL CUSTODY RETAINED BY THE STATE!! So tell me then, does the state having legal custody over the child mean zero, zilch, zip?

The state did NOTHING, not one damn thing, while they retained legal custody over Aveion during the time his mother had regained physical but not legal custody and blowing off medical follow up/visits. Conlin has answered some questions, but everyone, including Conlin, is still dodging the question of why nothing was done when the state had legal custody!

Everyone in the system failed Aveion miserably and heads should roll as a result.

jmo

 

[MBLover]

http://www.wdbj7.com/news/wdbj7-man...ke-courtroom-tuesday-20111129,0,3724256.story

Judge denies Brandon Lockett's request to have his plea rescinded

Story too short to post here... Said he was denied and that he will be sentenced in January.