Author Topic: Murder Charges Dismissed; No Justice for Travis Parker  (Read 7824 times)

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Offline hanzomon4

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Murder Charges Dismissed; No Justice for Travis Parker
« on: June 11, 2007, 10:32:20 PM »
By STEPHEN GURR
The Times
GAINESVILLE

A White County judge dismissed murder charges Friday against six former camp workers charged in the restraint death of a 13-year-old boy. Superior Court Judge Lynn Akeley-Alderman ruled that the defendants had no way of knowing that the "full basket" technique they used to restrain Travis Parker would constitute reckless conduct.

Alderman dismissed charges of felony murder and second-degree cruelty to children against Ryan Chapman, Paul Binford, Mathew Desing, Torbin Vining, Johnny Harris and Phillip Elliott, who worked at the Appalachian Wilderness Outdoor Therapeutic Camp at the time of Travis' April 2005 death.

Vining's lawyer, Gainesville attorney Dan Summer, said his client was "overcome with joy."

"He's been living a nightmare," said Summer, whose client faced a mandatory life sentence if convicted of murder. "He's overcome with joy and relief, and I hope this is the end of the matter."

The judge's order, issued Friday, made clear that District Attorney Stan Gunter could present the case again to a grand jury and seek a new indictment on different charges.

Gunter did not immediately return a phone message seeking comment. He has said in recent days that any decision to go forward with the case would hinge on the judge's ruling.

Harold Spence, an attorney representing Travis' family, said the boy's grandmother, Golden Griffin, learned of the judge's order late Friday.

"Quite understandably she was profoundly disappointed in the court's ruling," Spence said. "Indeed, she was shocked by the court's ruling."

Spence confirmed that last year Griffin received a financial settlement from the Georgia Department of Human Resources, which manages the camp for troubled youth. He said the settlement was less than $2 million, but "well in excess of $1 million."

"We think, quite honestly, that the significant financial settlement represents the state's acknowledgement that these six employees were responsible for Travis' death," Spence said.

Summer said Friday's ruling may have been difficult for the judge, but it "rights a terrible wrong."

"It's clear my client and the other defendants would have never known that applying a restraint as they were trained would result in harm, much less death, of this young man," Summer said. "They were fulfilling a role as community servants, and it was a terrible shame that this young man died, but it was even more of travesty of justice that they were prosecuted for homicide."

According to previous statements from officials and court testimony, Travis, who was 5-feet, 7-inches and 159 pounds, became unruly and was held down in a restraint technique commonly used by camp workers in the past. The boy was restrained for more than an hour.

Georgia's chief medical examiner testified in a pretrial hearing that the boy struggled so much while being restrained that he overworked his heart and died as a result.

The judge wrote that the underlying offense of second-degree cruelty to children depended on the prosecution being able to show the defendants were criminally negligent.

"The state has been unable to show that the defendants were aware or should have been aware of any clear, substantial, or unjustifiable risk created by the use of the restraint methods for any period of time," Alderman wrote in her order.

The judge wrote that "the district attorney's office ... is, as always, free to pursue any and all other appropriate criminal charges applicable to these defendants, if any."

Said Spence, "The prospect certainly exists that they might not be held accountable for what happened to Travis Parker, but we remain hopeful the district attorney will continue to pursue this prosecution."

Summer said he doesn't believe prosecutors could get a new indictment showing the men did anything criminal.

"You can't fit a round peg through a square hole," he said.

Contact: sgurr@gainesvilletimes.com, (770) 718-3428
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Offline ZenAgent

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #1 on: June 11, 2007, 11:12:12 PM »
I'm going to be ill...six guys take a 13 yr. old boy down and keep him down for an hour? "the defendants had no way of knowing...", and yet they were doing "...as they were trained,".  What kind of training did they have, because it was obviously slipshod.  It seems the Judge decided a substantial financial settlement canceled out any further legal action. It's like Georgia said "you've been paid, it's settled, go away,"  

The grandmother is probably beyond shocked, she's been told her grandson's life had a dollar amount, and it was a "travesty of justice" the killers were even brought up on charges...I can't imagine how she feels.

This Judge Lynn Akeley-Alderman needs to have a complaint filed against her with the Judiciary Review Board.  At the very least, I hope the DA moves ahead and prosecutes these goons.
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Offline Anonymous

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #2 on: June 12, 2007, 12:50:58 AM »
Man, the death toll of restraint-related child deaths is growing, I just found this website and read a report called Silent Killer and In Harms Way.  

http://www.teenadvocatesusa.org/Innocen ... S_WAY.html

 :cry:  :cry:  :cry:  :cry:  :cry:
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Offline Deborah

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Re: Murder Charges Dismissed; No Justice for Travis Parker
« Reply #3 on: June 12, 2007, 08:53:45 PM »
WTF?? This is the one that got me...
Quote
Superior Court Judge Lynn Akeley-Alderman ruled that the defendants had no way of knowing that the "full basket" technique they used to restrain Travis Parker would constitute reckless conduct.

Huh? Ditto what you said ZA!!!

Quote
Georgia's chief medical examiner testified in a pretrial hearing that the boy struggled so much while being restrained that he overworked his heart and died as a result.
The judge wrote that the underlying offense of second-degree cruelty to children depended on the prosecution being able to show the defendants were criminally negligent.

Absolutely no mention of him being denied his inhaler. You might struggle harder and overwork your heart if you're not getting enough oxygen. No mention of other abuses.

Quote
Summer said he doesn't believe prosecutors could get a new indictment showing the men did anything criminal. "You can't fit a round peg through a square hole," he said.


 :rofl:

Risky hold often used at kids' camp
State report exposes gap in policy, practice

Atlanta Journal-Constitution/July 29, 2005
By Craig Schneider
While Georgia child welfare officials say they do not allow facedown restraints of children, their own investigation into the death of a Douglas County boy shows the hold has been used for years at a camp for troubled youth.

Travis Parker, 13, died April 21 after being restrained for 1¸ hours, much of the time facedown, at the state-run Appalachian Wilderness Camp in Cleveland. Six camp counselors have been charged with murder in his death.

The counselors have said through their attorneys that they applied the restraint as they had been trained to do for the state camp, in the North Georgia mountains.

State officals have said repeatedly that the restraint is not permitted.

In May, Gwen Skinner, a Department of Human Resources director, said "face-down restraints are not allowed, period."

When asked about the report Thursday, DHR spokeswoman Dena Smith said, "Our policy and our training manuals do not support face-down technique. Facedown is not something we've supported or promoted."

If the state doesn't allow face-downs at licensed programs, then why at state-run programs? IF they were a private program and licensed, they would've been in violation of the law. But, because they aren't, the face down was acceptable???

The report was obtained by The Atlanta Journal-Constitution through the state Open Records Act. Attorneys for the accused camp counselors say it reveals a gap between what officials are saying and what is happening at their camps.

"We've known all along they were doing what they were trained," said Alton Hartley, attorney for counselor Ryan Chapman.

Camp's only full restraint
The final report on the boy's death, compiled by the state Department of Human Resources, says the "full basket hold" is the only full restraint used at the camp. One counselor said in the report that Travis had been restrained in that manner eight to 10 times in March and April.

In the report, Fucking idiot. If he's genuinely that ignorant on the topic, he has no business directing the program.[/color]

But the report said the use of prone restraint "has been well-documented as a dangerous technique."

A medical examiner ruled that Travis died as a result of the restraint.

The DHR investigation determined that the boy was abused and neglected during the incident, noting that the staff withheld food as punishment and failed to start resuscitation efforts for seven minutes after the boy became unresponsive.

And his inhaler.

Though other restraint methods were included in training manuals used at the camp, none was adopted for use, the report noted. The DHR board is considering adopting rules that would prohibit the use of face-down restraints at camps for troubled youth.

Marty James, a former lead counselor who retired in January, said that another restraint technique had been introduced that would place the camper on his side, rather than facedown, but counselors at the camp went back to using the prone position.

Other staff acts criticized
The counselors charged with felony murder last week are Chapman, Mathew Desing, Torbin Vining, Phillip Elliott, Paul Binford and Johnny Harris. They were also charged with child cruelty and involuntary manslaughter.

Guilty as charged. Somone in Ga going to see that justice is served?

The report noted that five of the six had taken refresher training on the camp's restraint procedures.

The DHR investigation also detailed the events leading to the restraint and concludes that the behaviors of the campers were further "exacerbated" by the actions of the staff. For instance, at one point a counselor threw food and trash on the ground for the campers to pick up.

The report includes interviews with the camp counselors and nine camp children.

The counselors said in the report that during the April 20 restraint they regularly checked the boy's vital signs, and checked with their superiors to continue the hold. They also say the boy struggled, cursed and fought while he was held down.

Several of the campers said Travis complained during the restraint that he couldn't breathe. The response from a counselor, they said, was that if he could speak, he could breathe.

Acting as doctors? Practicing without a license???

Campers criticized the restraints, with one calling them "over aggressive."

Another camper said, "You struggle in a restraint to get more air."

One boy said counselors made jokes while Travis was held down. :flame:

Another said he does not feel safe at the camp and no longer trusts the staff.
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Re: Murder Charges Dismissed; No Justice for Travis Parker
« Reply #4 on: June 13, 2007, 09:07:42 AM »
Quote from: ""Deborah""


My step daughter said some of the PV counselors standing around were laughing during her face down restraint.  As more time goes by, and I learn more about restraints from tragedies like this one, I realize how lucky my step daughter was.  At the same time, I get angrier that PV continues the practice with absolutely no one to answer to.  Every TN state agency I can think of to contact says they have "limited" regulation over PV.  Big, big money makes the rules.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
\"Allah does not love the public utterance of hurtful speech, unless it be by one to whom injustice has been done; and Allah is Hearing, Knowing\" - The Qur\'an

_______________________________________________
A PV counselor\'s description of his job:

\"I\'m there to handle kids that are psychotic, suicidal, homicidal, or have commited felonies. Oh yeah, I am also there to take them down when they are rowdy so the nurse can give them the booty juice.\"

Offline Anonymous

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #5 on: June 13, 2007, 10:23:05 AM »
Larrel Dallas' arms already were broken when the breath began to be pressed out of him.  

Two workers from the Pressley Ridge Ohiopyle Therapeutic Wilderness Camp were holding him face down in the dirt, one on his legs, the other pinning the 14-year-old's arms behind his back. Dallas heard the bones snap as one worker yanked his hands toward his head. His arms went numb. He feared for his life.

"Can't breathe, can't breathe," he choked out. An asthma sufferer, he knew the panic of breathlessness.

Unmoved by his pleas, the workers remained on top of him for 20 minutes. "I just closed my eyes," Dallas recounted. "I thought I was going to die."

From the teen advocates link to In Harm's Way.

Arms already broken?  Gasping for air?  

Son of a bitch!  This helpless child survived ONLY by the grace of God, IMO.
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Offline Anonymous

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #6 on: June 13, 2007, 01:11:33 PM »
Joey, an abuse victim at Whitmore Academy was held face-down in the dirt at Lake Powell; reportedly at the direction of the owner--- Cheryl Sudweeks.  Sudweeks, who had reportedly directed that the enrollment of this 14 year old boy "was to be the worse year of Joey's life" denied Joey his enhaler, as he gasped for air and said he couldn't breathe.

Another child who is lucky to have survived.
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Offline Anonymous

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #7 on: June 13, 2007, 02:05:32 PM »
Cheryl Sudweeks: No wonder she plead no contest.

 :flame:
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Offline Deborah

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #8 on: June 13, 2007, 03:30:46 PM »


White County District Attorney Stan Gunter said the judge's ruling may signal the end of the case. He said he plans to study whether he could bring lesser charges, such as reckless conduct, :roll:  before next week.

But Gunter said the judge's ruling may preclude other charges as well.

``It doesn't look that hopeful that I would have anything else to bring,'' he said.

Gunter had said he was thinking of dropping the murder charges himself based largely on pretrial testimony by the medical examiner who performed the autopsy.

Dr. Kris Sperry linked Parker's death http://www.fornits.com/wwf/viewtopic.php?p=37223#37223[/url]

The case against the camp workers had suffered several setbacks. The camp director testified that the workers applied the restraining hold as they had been taught. None of the camp workers accepted the plea bargains offered by the district attorney, at least one of which included no jail time.
 :question:
http://www.accessnorthga.com/news/hall/ ... ?ID=114863
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Offline Anonymous

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #9 on: June 13, 2007, 04:04:11 PM »
Quote from: ""Guest""
Joey, an abuse victim at Whitmore Academy was held face-down in the dirt at Lake Powell; reportedly at the direction of the owner--- Cheryl Sudweeks.  Sudweeks, who had reportedly directed that the enrollment of this 14 year old boy "was to be the worse year of Joey's life" denied Joey his enhaler, as he gasped for air and said he couldn't breathe.

Another child who is lucky to have survived.


God, that is pathetic.

 :flame:
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Offline Anonymous

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da will not proceed with charges
« Reply #10 on: June 13, 2007, 08:11:35 PM »
No further charges in camp death

By CRAIG SCHNEIDER, JILL YOUNG MILLER
The Atlanta Journal-Constitution

Published on: 06/13/07
 
A North Georgia prosecutor said today he will no longer pursue any charges against the six workers charged with restraining and killing a boy at a state camp for troubled youth.

The decision by White County District Attorney Stan Gunter brings to an end a prosecution that has dragged on for two years, and run into several obstacles.

"There's nothing left to prosecute in the case," Gunter said.

His decision follows a pre-trial ruling on Friday by the judge in the case to dismiss the charges of felony murder and child cruelty against the camp workers, who have come under public condemnation and seen job opportunities disappear for the past two years.

The judge said the workers could not be prosecuted because they applied the restraint on 13-year-old Travis Parker as they had been trained, and consequently could not have known their actions could result in a crime.

Moreover, White County Superior Court Judge Lynn Akeley-Alderman concluded that Travis showed no outward signs during the restraint that his body was suffering.

Gunter, following the dismissal of all the charges, said today that he will not try to bring any other charges against the workers, a decision he has been mulling for several days.

"The judge's order left nothing to prosecute in the case," Gunter said.

Travis died in April of last year after being restrained for about 90 minutes at the Appalachian Wilderness Camp in North Georgia. He was held in a "full-basket" restraint by about three camp workers at a time.

The district attorney's decision closes the book on a legal ordeal for the six camp workers, who held fast to their innocence from the start. Their trials were set to start this month, but none of the six accepted plea bargains offered by the district attorney, at least one of which included no jail time.

Nancy Binford, the mother of former camp worker Paul Binford, said "Thank God" and burst into tears when she heard the news from a reporter. She and her husband, Mike, are "thankful that this ordeal is over," she said. "All six defendants are fine, compassionate, caring young men who have been unjustly treated for two years."

The case changed her 30-year-old son's path in life, she said. "Paul always wanted to be a child psychologist. He's a kid magnet. But he has changed his career goal. He wants to be a lawyer. He wants to help other innocent people get out from under charges like this that were unjustly imposed."

Paul Binford did not immediately return a phone call to his cell phone.

But the news stunned Golden Griffin, Travis' grandmother and guardian, into silence. After a long pause, she said, "I don't have any comment now."

Her lawyer, Harold Spence, said: "I am profoundly disappointed by this profound injustice. It's a shame that it appears that no one will be held accountable for Travis' death, and that the state medical examiner somehow provided the ammunition for the defense that Travis Parker was somehow the architect of his own death."

District Attorney Gunter, for his part, said that in the end he agreed that the charges against the camp workers - Ryan Chapman, Paul Binford, Mathew Desing, Torbin Vining, Johnny Harris and Phillip Elliott - be dropped. He said that as new evidence and testimony emerged in the case, it became clear that the workers were not guilty of the boy's death.

Particularly damaging to the prosecution was the pre-trial testimony of the medical examiner who performed the autopsy on the boy. Dr. Kris Sperry linked the death to the boy's prolonged resistance against the restraint. He said that if Travis had not struggled so long, he would not have died.

Today, Gunter said he blamed the boy's death on the state, asserting that the state agency that runs the camp did not properly train the camp workers in the potential dangers of the hold.

"The state of Georgia is at fault for Travis' death," he said.

The camp is run by the state Division of Mental Health, Developmental Disabilities and Addictive Diseases, an arm of the state Division of Human Resources.

Division spokeswoman Kenya Bello declined to comment today, saying, "It is not appropriate for us to comment on court matters."

The state DHR settled a lawsuit by the Parker family last October for $1.7 million, according to a family attorney.
_____________________________________________________________
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Offline hanzomon4

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #11 on: June 14, 2007, 01:44:54 AM »
This shouldn't be let go....
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
i]Do something real, however, small. And don\'t-- don\'t diss the political things, but understand their limitations - Grace Lee Boggs[/i]
I do see the present and the future of our children as very dark. But I trust the people\'s capacity for reflection, rage, and rebellion - Oscar Olivera

Howto]

Offline Deborah

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #12 on: June 14, 2007, 09:20:56 AM »
Reading through previous reports, this is really smelling fishy.
http://www.fornits.com/wwf/viewtopic.ph ... 428#101428

Dept of JJ:
Quote
The counselors subdued Travis Parker using a hold that has been banned by the state Department of Juvenile Justice because officials there consider it too dangerous.

The boy was "placed in a full basket restraint due to his acting out behavior," according to a Department of Juvenile Justice report obtained by The Atlanta Journal-Constitution under the Open Records Law. The Juvenile Justice Department doesn't allow its workers to use the hold. "We don't use any holds that could possibly restrict a child's ability to breathe," said Bill Reilly, the agency's chief of staff. Reilly said that his department had been assured by DHR officials that the facedown restraint would no longer be used on children at the wilderness camp.


Dena Smith’s comments, DHR spokeswoman:
Quote
DHR refused to discuss the case, but a department spokeswoman [Smith] said it allowed its employees to use the "basket restraint."  "Yes, that restraint is continuing to be used," said DHR spokeswoman Dena Smith, who said the department was reviewing the "application of the restraint, as well as all policy and procedures."

Since his death, the state has retrained staff on the use of restraints and is reviewing its policies on when restraints may be used

Then changes her story after counselors are indicted…….
Quote
A top official at the Georgia Department of Human Services contends the counselors indeed were not following agency rules or procedures when they restrained the boy.

"Our policy and our training manuals do not support face-down technique. Facedown is not something we've supported or promoted."

And….
Quote
considering adopting rules that would prohibit the use of face-down restraints at camps for troubled youth

JJ report on investigation of incident:
Quote
..boys at the camp began misbehaving at about 3 p.m. on April 20 and continued "acting out" until 10 p.m. By then, 11 campers had missed their evening meal because of their behavior, the report said. When two campers were rewarded with food for being good, Travis "became enraged," the report said. A counselor grabbed him by his jacket, Travis resisted, and the counselor "put him in a full basket restraint."  One counselor held Travis from behind, crossing the boy's arms against his chest, the report said. The boy "was taken to the ground, where another counselor was holding his legs and another counselor holding the hip area," the report said. "The camper is face down during the entire time."
At 11 p.m., he said, the boy was still fighting.
At 11:30 p.m., another counselor reported, "Travis stops responding and is released from restraint."
A counselor told authorities that the boy had to be restrained after about 10 p.m., according to an incident report filed with the White County Sheriff's Department. The boy started having trouble breathing, and camp officials called 911.

Quote
White County Superior Court Judge Lynn Akeley-Alderman concluded that Travis showed no outward signs during the restraint that his body was suffering.

Yet……….

Quote
campers said Travis complained during the restraint that he couldn't breathe. The response from a counselor, they said, was that if he could speak, he could breathe

DHR report on investigation based on interviews with staff and other kids:
Quote
Ten children witnessed the boy's restraint, the DHR file said. Some of the boys who were there said that when Travis went limp the counselors said, "He is playing the dead fish game, he's faking."

the use of prone restraint "has been well-documented as a dangerous technique."

determined that the boy was abused and neglected during the incident, noting that the staff withheld food as punishment and failed to start resuscitation efforts for seven minutes after the boy became unresponsive

behaviors of the campers were further "exacerbated" by the actions of the staff. For instance, at one point a counselor threw food and trash on the ground for the campers to pick up.

The "Counselors":
Quote
Fired because the counselors refused to give Travis Parker his asthma inhaler about an hour before he stopped breathing withholding Travis’s inhaler.

Several of the counselors who were fired REFUSED TO TAKE A POLYGRAPH TEST

Counselors said he wouldn't stop fighting their efforts
[Their efforts to DO WHAT?]

made jokes while Travis was held down

None of the camp workers accepted the plea bargains offered by the district attorney, at least one of which included no jail time

Gwen Skinner, director of the state division that oversees the site:
Quote
children at the camp were NOT BEING FED AT APPROPRIATE TIMES.

She stopped short of saying that the restraint itself used on Parker was inappropriate, though she did say counselors will be given more training in how to deal with unruly children. "We're taking a closer look at how and when we use restraint,"

the counselors were not following agency rules or procedures. "We do not train staff to do face-down restraints,"

Georgia child welfare officials say they do not allow facedown restraints of children, their own investigation into the death of a Douglas County boy shows the hold has been used for years.

"face-down restraints are not allowed, period."

Doesn’t jibe with the defendant’s attorney:
Quote
"It's clear my client and the other defendants would have never known that applying a restraint as they were trained would result in harm, much less death, of this young man,"

Or the counselor’s defense:
Quote
The counselors have said through their attorneys that they applied the restraint as they had been trained to do for the state camp

Who's lying?

Medical Examiner:
Quote
A medical examiner ruled the death a homicide.
The medical examiner ruled that Parker died from positional asphyxia and deemed it a homicide
Georgia's chief medical examiner testified in a pretrial hearing that the boy struggled so much while being restrained that he overworked his heart and died as a result.
[Same ME that ruled it a homicide?]
DA Gunter had said he was thinking of dropping the murder charges himself based largely on pretrial testimony by the medical examiner who performed the autopsy. Dr. Kris Sperry linked Parker's death to his prolonged resistance against the restraint. He said that if Parker had not struggled so long up to 90 minutes against the men restraining him, he would not have died
Gunter said he blamed the boy's death on the state, asserting that the state agency that runs the camp did not properly train the camp workers in the potential dangers of the hold. "The state of Georgia is at fault for Travis' death," he said.


Hmm. The counselors defense was that they administered the hold as they were trained to do.
And the DA can't find anything to charge them for?????


Superior Court Judge Lynn Akeley-Alderman ruled that the defendants had no way of knowing that the "full basket" technique they used to restrain Travis Parker would constitute reckless conduct.

Other comments:

Peggy Walker, a Douglas County Juvenile Court judge who knew Travis and attended his funeral last week, was troubled by the circumstance that led to his death. "I'm very distressed that he would be restrained for an hour and a half."  "When we work with children, what we're trying to do is provide the assistance they need," the judge said. "Certainly the last thing that we want to do is to do harm."

Dr. Amy Hirsh, of the Peachtree Allergy and Asthma Clinic in Atlanta, would not comment on the incident specifically, but said: "Untrained medical professionals should not make a judgment call on whether a patient needs his or her rescue inhaler or not. If a child asks for a rescue inhaler, they should be given it immediately without questioning whether they need it or not."

Timocleo
I hold a brown belt in Taekwondo and our dojo teaches it as a mix of Taekwondo and Hapkido. I studied Hapkido for 3 years, left training for awhile, and then resumed training at our dojo. I assist in instructing Taekwondo and Hapkido.
I would *never* restrain even a healthy adult with their arms wrapped across their chest for more than two to three minutes as that position collapses the chest.

Harold Spence, said: "I am profoundly disappointed by this profound injustice. It's a shame that it appears that no one will be held accountable for Travis' death, and that the state medical examiner somehow provided the ammunition for the defense that Travis Parker was somehow the architect of his own death."

A total miscarriage of justice.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline hanzomon4

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Murder Charges Dismissed; No Justice for Travis Parker
« Reply #13 on: June 14, 2007, 11:24:41 PM »
I'm pretty sick right now but I wanted to ask if anyone is willing to draw up a draft letter, and a list of organizations to send it to, so that this kids death won't be allowed to just disappear.

The state needs to take a very public bullet for this and the counselors who killed this kid should not be allowed to forget that they did kill this boy. Contacting the NAACP would be start, they can raise hell better then most. Getting local. to the area, politicians involved, perhaps by putting public pressure on them to act, could help bring more attention to this. Reading all of the statements in the news and the info Deb posted has really pissed me off. I really think we can do more then ring our hands.

Can anyone go and hunt down the organizations that got involved in the Anderson  case? I'm pretty sure they would be as upset as we are that this has happened. I hate this powerless feeling I get every time something like this happens, it's like the people that should care about the kids don't.

But yeah I'll try to hunt down people who might be interested in getting involved, it won't right what happened but giving up and accepting defeat isn't something we have to accept.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
i]Do something real, however, small. And don\'t-- don\'t diss the political things, but understand their limitations - Grace Lee Boggs[/i]
I do see the present and the future of our children as very dark. But I trust the people\'s capacity for reflection, rage, and rebellion - Oscar Olivera

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« Reply #14 on: June 17, 2007, 01:35:34 AM »
'Murder suspect' label off, at last
Youth minister who was also a camp counselor is relieved charges dropped two years after teen's death

By JANE HANSEN
The Atlanta Journal-Constitution

Published on: 06/17/07
 
Each morning when he brushes his teeth, the tattoo stares back at him in the mirror. "Fear not, for I am with you," the words on Paul Binford's chest read.

He had the Bible verse put there as a reminder. Binford's faith has been tested these last two years. There have been times he's felt abandoned by God. How could this have happened?


Phil McCarten/Associated Press
(ENLARGE)
Paul Binford walks with girlfriend Staci Holt and her dog Muppet in Los Angeles. Binford, a former counselor at Appalachian Wilderness Camp for troubled youths, was charged with murder in the 2005 death of 13-year-old Travis Parker. Charges have been dropped.
 

St. Paul's Episcopal Church
(ENLARGE)
Episcopalian youth minister Paul Binford and several members of his youth group show off cans they collected in a food drive that benefited a local food bank in Newnan.
 
An Episcopalian youth minister, he'd volunteered in community food banks, helped build Habitat for Humanity homes and taken inner-city youths backpacking on the Appalachian Trail.

His philosophy as a youth minister was to steer kids toward success by making them proud of themselves and supportive of each other, rather than slapping them with orders and rules.

That's one thing that had attracted him away from the safety of his church in Newnan to the state-run Appalachian Wilderness Camp in North Georgia, where troubled boys learned consequences for their behavior and how to work in teams.

It had been the ideal ministry for Binford, who loved the outdoors and felt called to serve disadvantaged kids. But then one horrible spring night in 2005 changed his life, and last month as Binford, now 30, looked in the mirror, he asked himself, "How could I be on trial for murder?"


—————————————————————

Like the Duke University lacrosse players accused of rape and later cleared of the charges, last week Paul Binford and five other camp employees were exonerated when White County District Attorney Stan Gunter announced he was giving up his two-year prosecution of the six for the 2005 death of 13-year-old Travis Parker. Only days before, White County Superior Court Judge Lynn Akeley-Alderman had dismissed murder and child abuse charges against the young men, based on evidence they had restrained the boy just as the state had trained them to do. There was no crime in that.

And just like that, the very month Binford was to go on trial for murder, his innocence was proclaimed. Justice was his. Or was it?


—————————————————————

On April 20, 2005, before the day began to unravel, Binford sat with one of his campers talking about choices. "You make good choices, you wind up happy in life," he told the boy, one of 11 children ages 10-to-12 in his group, called the Navajos. "I've made good choices, I have a girlfriend, my life is good."

But he'd had a bad feeling that day about the Apaches, another group of 12- to 14-year-olds. It only took a couple of kids to shift the dynamics and destabilize a group, and this day, Travis Parker was at the center. Now it was dinnertime, and some of the youths refused to line up to trek through the forest to the dining hall.

The outdoor therapeutic camp is a place of last resort for kids like Travis, who was born positive for crack cocaine and had a history of violence. When he was 8, he threatened to kill his elementary school teacher; when he was 11, he punched his teacher in the face. By the time his grandmother brought him to the camp, he'd been on probation for hitting her and threatening her with a knife.

But counselors were trained to deal with children like Travis. The goal was to talk a kid down and help him regain self-control. If a child threatened himself or others, the counselors were trained in several restraints including a "full basket" hold, in which they crossed the child's arms in front of him and forced him face-down in a prone position, until he calmed down.

As part of the admissions process, Travis's grandmother had received a demonstration of the technique and she'd consented to their use of it. In his 11 years at the camp, there had never been serious injury to a camper caused by the restraint, the program's director John Timothy McMahan would later testify.


—————————————————————

On the evening of April 20, Travis attacked a counselor.

Binford, the senior counselor in charge that night, got the call a half-hour after they put Travis into a full basket hold. "Paul, we're in a restraint with Travis Parker," the counselor said. "He's still fighting."

At 5-foot-6, 160 pounds, Travis was strong and he was kicking, cursing and biting — what Binford called "psycho fighting." Binford did not participate in the restraint. But as senior counselor, he checked to make sure the others were following protocol during the hold. Whenever they restrained a child, they had been trained to check his breathing, blood flow and overall health, according to court testimony.

Travis was "crazy strong," "fighting like hell," Binford said, but after an hour and a half, he finally stopped struggling, and they rolled him up to a seated basket hold. But something was wrong. They stood him up. He went limp. His eyes were fixed, his pupils dilated. Binford and the other two counselors, including one who was a trained emergency medical technician, knew this was a medical emergency. They called 911 and began cardiopulmonary resuscitation. The ambulance arrived about 15 minutes later.

After the ambulance left, Binford and the other counselors were in shock. Only a few minutes ago, they'd been talking about getting Mexican food once they were done.

Binford began to pray for Travis. But 24 hours later, the child was dead.


—————————————————————

In the ensuing days, there were interviews and written statements to Department of Human Resources investigators, GBI investigators. Binford told the same story five or six times. He agreed to take a lie detector test, and passed. He was confident they would realize this was a tragedy but they had done nothing wrong.

But several weeks later, the DHR fired Binford and the others. State officials said face-down restraints violated state policy. They said the young men were fired for a variety of reasons, including their refusal to be polygraphed. Were they lying? Binford wondered. On July 18, three months after Travis's death, Binford was in the car with his mother when his cellphone rang. It was an agent with the GBI.

"You've been indicted for felony murder, cruelty to a child and manslaughter," Binford remembers the agent saying. "You have to turn yourself in tomorrow at the White County Jail."

The next day he was handcuffed, fingerprinted and asked if he were in a gang. Binford, a quiet, unassuming young man who stands 5-foot-9 and sports a sandy-colored beard and moustache, replied, "No, I don't belong to a gang."


—————————————————————

For two years he has been haunted by the image of his own picture in the newspaper staring back at him as a man who abused and murdered a child. He has lived with the public shame, the letters to the editor under banners that shouted, "Former youth minister should know better."

At night, he obsesses about making sure the doors are locked, something he never did before. For two years, he hasn't been able to sleep at night.

He has lived in fear of going to prison for a crime he didn't commit. Just sitting in court for motions hearings has made him nervous, but the idea of a jury trial has terrified him.

As a man of faith, he finds himself struggling mightily with forgiveness. Right now he has none for the Department of Human Resources. "They created a system that was dangerous, and when the system failed, they didn't support their people, and then they lied about it," he says. Or for District Attorney Gunter, who knew the state medical examiner said it wasn't the restraint that killed Travis, but the effects of fighting so long, like an overexerted athlete. "If he had any sense of justice," he says of Gunter, "or any backbone, this wouldn't have gone on so long."

Even the comparison to the Duke case makes him angry. There are similarities, he concedes.

"It has people accused of a horrible crime by an overzealous prosecutor," he says. "But those were drunk people at a party. We were people working our butts off, working at very little pay to try to make the world a better place by helping kids."

Saddest is he really liked working with kids. "Except for how it turned out, I loved the job," Binford says. "And I was really good at it."

But that's over. "The fact I was charged with cruelty to a child, murder of a child, I would be a liability."


—————————————————————

He was in Los Angeles a week ago Friday, helping his girlfriend move into her new apartment when he got the news. She's there for a year doing an internship.

They were in the car out front, getting ready to go to Target for blinds, when he realized he'd left his cellphone behind.

It was ringing as he went back upstairs. When he went back outside, Staci was in the passenger seat, plugging in the address to Target on their GPS. Binford walked over to her. "You're not going to believe this," he said. "But the judge just quashed the indictment."

She jumped out of the car and tackled him. For a while, they lay on the grass, laughing. He wondered how he should respond to this burden suddenly being lifted after living with it so long. When your football team wins, there's a standard response. But how should you feel when murder charges are dropped against you?

"I always knew this day was going to happen," he now says. "You just don't expect it to be on your way to Target to get blinds."

Binford is relieved that it turned out this way. But he understands why Travis' grandmother wants someone to pay for her grandson's death. She and Travis were victims. So, Binford feels, were he and his colleagues. Had they known the restraint carried risk, they never would have agreed to use it.

"We were trained wrong, and then the state lied to cover it up," he says. "My story hasn't changed at all, but the state's has."

He wishes he could sit down with her and explain they were doing everything with her grandson's best interest in mind.

"If I had a chance to speak to her, I'd tell her that every night when I pray for myself and those who've gone through this horrible ordeal, I say a prayer for her. She has suffered a more tragic loss. She lost her grandson. All I've lost is two years of my life."

But he wants her to know what he wants the world to know. "It was the system that was flawed, and we didn't know it," he says. "That's the other thing that's so painful. The reason we took this job was not about money, it was to help people. It sure didn't pay well, and the hours sucked. I took this job because I believe it was what God wanted."

Now he hopes to move on. He's already begun the application process to law school. His lack of faith in the justice system has inspired him to become a criminal defense lawyer.

He dreams of marrying Staci and having children, knowing that one day he'll have to tell them their father was once an accused child murderer. "I would never be interested in denying the past," he says.

But he's not yet sure what he'll say.

"How do you explain that to a kid?"


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« Last Edit: December 31, 1969, 07:00:00 PM by Guest »