Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 1 of 11

EXHIBIT 10
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OFFICE OF KANSAS ATTORNEY GENERAL

STEVE SIX

Child Abuse Investigation

CoonsllY.Iontgomery County

CASE UNDER BEVIEW

Status report as of:

March 24, 2009

Camie K. Russell, Director

Abuse, Neglect & Exploitation Unit

File No. Original Msc. #00088

ANE!NY 08-1311
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Child Abuse and Neglect Investigation

CoonslMontgomery County ~ ANE INV 08-1311
Summary

A request was submitted to the ANE Unit in mid 2008 asking that actions or inactions by
Kansas Department of Social and Rehabilitation Services (SRS) be investigated related to
the abuse of male five year old CC and death of sibling female infant BC of Montgomery
County, Kansas. Alleged in the request was that SRS had failed to properly investigate or
take action to protect the children after multiple reports were made to SRS prior to the
infant's death.

SRS files for November 2007 and January 2008 abuse investigations were reviewed by
the ANE Unit. Additionally, SRS Customer Service file from Central Office was
reviewed. Interviews and/or information requests were completed with applicable parties
from SRS, Coffeyville Police, Coffeyville school, Juvenile Intake, medical professionals,
maternal grandparents of children CC and BC and other relevant sources.

Maternal grandparents, Mary and Larry Crosetto, played a significant role in caretaking
of both children, BC and CC, from the time of their birth, at times filling the role of
primary caregivers, specifically when mother, Angela Coons was in school. In June 2007
the children and mother relocated to Sedgwick County, Wichita Kansas to acco=odate
mother's employment. August of 2007 Mary and Larry Crosetto, again, became primary
caretakers ofBC and CC upon the unexpected death of Angela Coons, their daughter.

September of 2007 infant BC and child CC moved to the home of father Randy Coons
and his live-in girlfriend, Melissa Wells. TIlls move was directly from the home of
maternal grandparents Mary and Larry Crosetto. Mary and Larry Crosetto continued to
provide direct care at times, primarily on weekends.

SRS and Jaw enforcement officers have the responsibility to receive and investigate
reports of child abuse or neglect for the purpose of determining whether the report is
valid and whether action is required to protect a child.

SRS maintains an office in Coffeyville, Kansas. One social worker housed in the
Coffeyville office investigates cases of child abuse or neglect that are reported to and
assessed by the regional reporting center and assigned by the area supervisor.

11/5/07 an allegation of physical abuse was made by the school of CC to the SRS
protection reporting center (PRC).
The intake shows 5 year old male child CC as the alleged victim and Melissa Wells as
alleged perpetrator.
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 4 of 11

Review of file shows SRS PRC staff failed to notetjl~.e~;~;eJ~BrSRS

involvement relating to the alleged perpetrator when assessmg the report.····· .

The report was screened by the PRC and assigned for investigation.

SRS assigned social worker was Linda Gillen. Gillen is the only licensed bachelor level
social worker charged with investigation of child abuse and neglect that is housed in the
CoffeyvilJe office. Gillen is currently licensed by Kansas Behavioral Sciences Regulatory
Board. She has been licensed since 1975. Gillen has been conducting child abuse
investigations the majority of that time.

Per file review and interviews it was discovered that subsequent to case assignment social
worker Gillen failed to:

• note the history of prior SRS involvement with alleged perpetrator when she was
assigned the report for investigation.

• update face sheet CFS 1000 to include other children in the home or complete
Section I or II of Risk Assessment(short form) 2030C during the course of the
investigation

• take photos of the child to document the injury.

• interview or observe the other children living inthe home at the time.

• request or complete a home visit; the site where the alleged abuse occurred.

• report to ,law enforcement at time of assignment for investigation

• report to law enforcement when Melissa Wells confessed to intentionally hitting

5 year old child CC in the face.

• initiate interviews of additional significant caretakers during the course of the

investigation.

• acknowledge or address additional concerns provided by Larry Crosetto through

his multiple contacts with Gillen directly

• complete follow up on reports by law enforcement

• follow up or update the safety plan for the family.

Safety plan completed by Gillen listed a begin date of 11/8/07 and end date of 12/04/07
Listed agreed upon actions by Randy Coons, and Melissa Wells were that;
I. They would not use physical discipline
.2. They would accept FAMLE services.
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12/13/07 tile only finding notice found in tile SRS file was sent to Randy Coons and did
not list any name under alleged perpetrator. No notice was in tile file to tile alleged
perpetrator listed on tile intake, Melissa Wells. Basis narrative sent with tile finding did
state: "Parent, Randy Coons is responsible for tile supervision and safety of Christian
Coons. Failure of Randy Coons to follow the safety plan or to allow caretakers of
Christian to be physically abusive coul4 result in a substantiated finding for lack of
supervision. Randy Coons is to provide for the safety and well-being of Christian Coons
100% of the time" Melissa Wells was listed in basis narrative and recommendations for
counseling and parenting classes were also listed.

Melissa Wells admitted to a non-accidental, intentional act which resulted in the mark on
the child's face. Physical abuse allegation was unsubstantiated 12/13/07. Gillen stated it
was "inappropriate discipline"

No further actions were noted in file by SRS/Gillen. Case close date could not positively
be detennined. Different dates were provided in statements and documentation provided
by SRS. Case file documentation and response to Governor's Office documentation botil
show the 11/5/08 case was still open at time of second intake 1/17/08.

1/17/08 a second investigation of alleged child abuse in the same home was reported to
SRS by Coffeyville Police directly to tile PRC and was assigned to Linda Gillen.
Investigation by Coffeyville Police Department was in process at that time. Female
infant, BC, died 1120/08. .

9/17/08 Office of Attorney General Steve Six armounced murder charges were filed
against Melissa Cynthia Wells in tile death ofBC. Allegations are that Wells shook or
beat BC, ultimately causing her deatil.

Note: Regarding law enforcement actions.

While some inconsistencies were found to exist during the course of tile ANE
investigation tilus far with regard to statements and actions by Coffeyville Police Officer
Ed Rutherford surrounding abuse or neglect issues, tile inconsistencies appear to be
related to tile role law enforcement plays in these cases and the fact tilat Mr. Rutilerford
had limited of knowledge of complaints of abuse or neglect. His view was primarily from
the criminal perspective regarding alleged drug issues in tile home. He did send a written
report and call and leave to a message for Gillen after responding to Dr. Han's office to
observe the child, BC, on 12/24/07. Police and county attorney logs confirrn.Rutilerford
sent tile written report to SRS and to tile juvenile county attorney office. Linda Gillen
acknowledges a message was relayed to her regarding a phone call from Coffeyville PO,
Ed Rutherford.

The tileme that is consistent witil law enforcement, tile school, the doctor, a daycare
provider and others interviewed to date is that they were under tile impression that SRS/
Gillen was investigating and addressing the abuse and neglect concerns in the
CoonslWells home.
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Following the single meeting between Linda Gillen, Randy COOIl, MelissaWells and CC
on 11/7/07, there is no documentation or other information to show there was any further
investigation or acknowledgement by SRS/ Gillen of abuse neglect concerns others report
providing to her. .
Gillen acknowledges she received a message from Coffeyville police officer Ed
Rutherford stating he was going to initiate a PPC. (See interview with Gillen 11/24/08)

Gillen gave conflicting statements with regard to abuse neglect reporting by Larry and
Mary Crosetto.

• In 1/18/08 notes provided by Detective Diane George Coffeyville PD during

interview of Gillen with regard to criminal investigation in process the day after
BC was life lined to Tulsa with fatal injuries, Gillen reported a 12/28/08 meeting
with Crosetto's where the Crosetto's alleged Melissa was dangerous and there
were neglect issues.
• During interview of Gillen months later, on 11/24/08 by Carnie Russell, ANE
Unit regarding SRS actionS in this case, Gillen denied any abuse or neglect
allegations were made during her 12/28/07 meeting with the Crosetto's or during
any of the multiple phone calls to her my Larry Crosetto for the time frame
11/5/07 to 1/17/08.

12/24/07 report of suspected abuse sent by mail; letter from Dr Han to Coffeyville SRS.

• Doctor Han confinned there was a letter from him dated 12/24/07 that was sent to
Coffeyville SRS. Letter noted concem of abuse, listed marks and bruising,
referenced records of past mjury, stated police had interviewed Mr. Crosetto that
morning and requested SRS look into child's environment and provide a report
back to him.

• 11/12/08 telephone conversation with Sue McKenna. Sue stated SRS maintains
they did not receive 12/24/07 letter from Dr Han. Sue also stated she had seen the
letter and that "the letter did not allege abuse" and "thus would not have generated
an intake had it been received."

• 11/24/08 interview: Linda Gillen's supervisor, Brenda Blackard, who is stationed

in the Independence office, confirmed that a letter "being about children" would
have given to Gillen if the person receiving it knew she had an open case, or
would be sent to the protection reporting center.

• 11/24/08 interview: Blackard stated to me, that her only knowledge of1his letter
was from what she had heard from me. Note: The only previous discussion noted
from me to SRS regarding the letter is with Suejl1cKenna on 11/12/08 and during
the interview with Linda Gillen the morning of 11/24/08. I have no recollection or
documentation of any prior conversation with Brenda Blackard in this regard.
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 7 of 11

• SRS customer service file contaIDs email to Blackard, Brian Dempsey and Tanya
Keys, all of SRS, dated 6/4/08 from Blackard's supervisor, Steve Anderson,
stating "I am very concerned about the letter from Dr. Han to Coffeyville SRS
apparently not noted or received OUI staff"

ANE File Facts :

5/6/08 Letter from Great Aunt Nancy Golden ofBC and CC was received by ANE Unit
Letter alleges SRS Social worker, "Linda Gillen failed to follow through on numerous
complaints" The aimt was visiting the home and saw the broises on Brook's face and was aware
the grandparents had taken the child to Doctor Han "to report yet another incident of child abuse"
The stated she was in the grandparents homes when they returned from a meefJ1lg with SRS on
December 27 and the grandmother said one other kids was going to have to die before something
would be done to remove them from the bomole environment they were living in. She alleges that
BC did not have to die is SRS and the Coffeyville Police had done their jobs. She requested case
be looked into.

5/9/08 File request was made by ANE Unit to Sue McKenna SRS for file on BC

5/12108 ANE Unit responded to Ms Golden's letter, acknowledging we would look into the case.

5/19/08 ANE Received mE from SRS (pLEASE SEE FILE FOR INFORMATION)

5/21/08 Brief was provided to Director of Victim Services, porthy Halley after my very limited review of
file; DH indicated she wished to contact MG County attorney Larry Markle (see email dated
5121/08)
Unlmown by this reporter if contact to Larry Markle was completed.

5/21/08 Phone call from Sue McKenna reqnested a duplicate of the 1/17/08 file for BC. The file central
office received by ANE Unit on 5/19/08; Central office SRS had not kept a copy whemt caree
through from the local office.

5/22/08 Copy completed and sent to SRS Central Office

5/30/08 Tt Sue McKenna and requested the following items by phone:

• missing email chain (Later notified by Sue that they had"not been retained and cannot be retrieved)
• Documentation from meeting between Linda Gillen and lvir. and lvfrs. Crosetto on :pee 27 at
Coffeyville SRS (this has never been determined to exist..and meeting date was determined 0 be
Dec 28)
• Documentation c/o intake from missing intake for report by Dr. Han on 12/24/08 (SRS denies
knowledge ofreceiving such this letter)

Sue indicated Tonya Keys and Brian Demspey wished to review file and look into further.
Follow up scheduled ...

8/21/08 no results from SRS, Nola Wright AAG is reviewing for possible charges.

9/11/08 SRS contacts our office to provide notice ofletter being sent to Larry Crosetto by Brian Demspey,
Deputy Director with SRS. Letter spoke of an exhaustive review, limited to SRS information. No
results of the review were provided to Mr. Crosetto, or to this office.
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 8 of 11

9111/08 Nola expects case will result in charges ... still under furilier investigation. Nola ok's furilier inquiry
By ANE Unit at this time. ANE Unit requested 8RS look further into missing information.

9/11/08 Sue McKenna requested an ADDmONAL copy of their file tlJey provided us on 5/19/08 which
we copied and provided to them once prior, on 5/22108. It was copied and delivered the sarue day

9117/08 Office of Attorney General Steve Six announced murder charges were filed against Melissa
Cynthia Wells in the death of Be. Allegations are that Wells sbook or beat BC, ultimately causing her
death. Nola Wright, AAG

9/22/08 Follow up call was made to Great Aunt of Nancy Golden: (log in ANE file dated 9/22108)

10/08 Reviewed some documentation from ongoing criminal investigation: see ANE file for actual
documentation reviewed

10/8/08 Telepbone interview witb Larry Crosetto (see ANE file log 10/8/08)

10128/08 Request to Sue McKenna SRS for all information known to SRS relating to BC 1/17/08 intake
~d investigation.

1117108 Requested and received employee information for Coffeyville SRS staff for week after Christmas
in 2007.

11110/08 Received SRS Central Office Customer Service File. Bulk of file consisted of information
provided to SRS by Larry Crosetto~ list by Michele Ponce) unanswered questions list, and some
SRS response to the Governor's office where the answers appeared to be in regard to different
questions than were being asked. (See file for complete information, including copy ofletter from
Dr Han that was included in Larry Crosetto's infonnation to SRS)

11112/08 telephone conversation with Sue McKeD11a. This is SRS fin;t acknowledgment SRS knew of
Letter from Dr Han at any point. It followed our request for the SRS customer service file where a
copy had been provided by Larry Crosetto earlier in 2008. During 11112/08 telepbone call Sue
McKenna stated SRS maintains they did not receive the 12/24/07 letter directly from Dr Han. Sue
also stated she read the letter and that <'the letter did not allege abuse" and '<fuus would not have
. generated an intake had it been received." (See ANE log 11/12108)

11/12/084:18 PM ANE Unit requested CD of pictures ofBC and CC and audio recording alleged to have
been done of meeting between Crosetto's and Linda Gillen on 12/28/07. Approximately one
bour later 11/12/08 5:23 PM email was sent from Sue McKenna stating Linda Gillen's supervisor
spoke to her and she did not record any of her conversations with the Crosetto's.

11118/08 ANE Unit requested file for 11/5/07 intake regarding CC as the vietim. There was not an
acknowledgment by SRS in any prior request that this case would relate to sibling BC's case even
though ce's case still showed open at the time Be's repolt came in to them,

11/19/08 Request and received some background information regarding Melissa Wells. Wells wasin's;ate
custody as a youth. SRS social worker of record, Linda Gillen. Youth was emancipated on 2/1112000 by
JUdge Russell D Canaday who was also the Judge for her CINC case. (Multiple social workers in MG
county, including Linda Gillene stated emancipation from state custody nearly unheerd of to occur in MG
County. In interview 11124/08 Gillen stated sbe could not recall why it occurred in the case of Melissa
Wells)

11121/08 Carnie Russell, ANE Unit, picked up intake 11/5/07 file at Independence SRS

1112 Jl08 Carnie Russell, ANE Unit met with Larry and Mary Crosetto at their home in Coffeyville
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 9 of 11

Fanlily first shared that they had first known Gillen when she was assigi:led to do a home study for their
adoption. of infant Angela Coons, mother oiBe and CC. Gillen had been very slow in completing and
when Judge got finn with her in court she then completed the study and gave a negative recommendation
for the Crosetto's. :Mr. Crosettos said when the Judge overlooked her recommendation she was not happy.
During the interview Mary and Larry Crosetto stated that Linda Gillen taped record the meeting on
12/2&108. Mary described the recorder as being gray and approximately 5 inches long and 2- 3 inches wide.
They hoth stated it was turned off at one point, to be "offthe record".
Larry Crosetto sbted that Ed Rutherford told him just days prior to BC's death that he had spoken to Linda
Gillen and "they were working with the county attorney, Daylene Walls."
Mr. Crosetto also stated that Michele Ponce had verified very contact in the notes"he documented.
(Complete notes inANE file)

11/24108 Complete interview with Linda Gillen, Coffeyville SRS, by Canlie Russell, ttanscribed by Janie
Jones Please refer to complete transcript.

11124108 Complete interview with Brende Blackard, Independence SRS, by Carnie Russell, transcribed by
Janie Jones Please refer to complete transcript.

11125108 Det. George provided Canlie Russell, ANE Unit notes taken in an interview with Gillen on
lll&i08 (See ANE File)
Also Dei. George stated she wished she had recorded the interaction that same day when Linda
Gillen and Larry Crosetto were both in her office. They argued, George stating "They had
obviously had considernble interaction prior, they were arguing, 1 should have turned on a
recorder'
Det. George advised Coffeyville PD was neVer advised of incident 1115/07 regarding CC, "should
have been" she stated.

11125108 Statement of Ed Rutherford, Coffeyville PD taken by Canlie Russell, ANE Unit at office of
Coffeyville City Attorney, Paul Crietz. Mr. Crietz also present.
On December 24'" Coffeyville police officer, Ed Rutherford responded to a call from Dr. Han's
office where be met with Dr. Han, the grandfather, and the infant female BC. Subsequently
Officer Rutherford left a telephone message at SRS. His written report is also logged as going to
SRS and the Montgomery County Juvenile Attorney. Montgomery County Juvenile Attorney
acknowledges receipt of Officer Rutherford's report SRS does not acknowledge receipt of this
report.
Ed Rutherford stated he left his after the 12124108 response to Dr. Hans with a telephone call first.
Left a message with Mindy Browning at SRS.
Rutherford stated he met with Mr. Crosetto and BC in Dr Hans office 12/24108
He was not sure who had called the police, Crosetto or Han.
Rutherford stated he was not notified of the 11/5107 incident involving CC.
(See ANE file for complete notes)

11/25108 Canlie Russell spoke with Duane Powell at JJA Arco Building, Independence Kansas . When
Linde Gillen did 1115/07 investigation, he was present for interview with CC. This was done at
school where he was employed at that time. CC did not seem scared or unhappy. Mr Powell was
unsure Unsme if pictures were taken, did not think they were.

1213/08 Requested confirmation from MG Juvenile attorney of police report from Ed Rutherford for
response to Dr Han's office on 12124/08.

1219108 Andy Bauch request Logs on behalfof ANE for outgoing reports from Coffeyville PD -
Coffeyville PD mailed sarne dey (in file)

12111/08 Request fax logs from SRS for the Coffeyville Office - 12/16108 SRS responde<i- not available
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 10 of 11

12/l2/08 MG County Juvenile Attorney office coDiinned report 07-17003 was logged in at their office on
lIIO/08. Coffeyville PD log shows it was sent lI3/08. Copy of report # 07-17003 was enclosed.
The enclosed copy from MG CA showed a fax date from Coffeyville PD of8/18/08 (This was
about the same tiine Nola Wright, AAG began making calls to their office for her case)

12/11/08 Request information to obtain home study Crosetto's said was completed by Gillen -not
available through SRS to date. Have not requested this from Mr. Crosetto. Linda Gillendenied talking to
them when they were in fue actual process ofadopting. (See interview dated 11/24/08 in ANE File)

12115/08 Request school records surrouruling abuse allegation.

12/21108 file from school received; file contained note from Randy Coons to school just days prior to the
November report of abuse to CC. The note was asking to be informed of any problems with CC promptly
so "he can be properly punished." The note went on to say fuey could punish !rim if fuey knew about it "the
same day that he's done the crime"
(See ANE file for other documentation)

J/21109 Follow up contact with Larry Crosetto - advised !rim there are some delays in completing the
investigation to avoid any conflict with the criminal case.

Mr. Croserto advised Coffeyville newspaper wants to do a story. I let !rim know that Ashley
Anstaett would be the contact in the AG's office.

Additional notes:

F'rorii-k~ns~ B'cliivi'or~l
S(,:ie~'~es R~gulatory'B6ar~

Gillen, i:.:ini:J;iiJ.
Name: Linda D. Gillen
Residence: COFFE"YVILLE
License No: 0552
License Type: Licensed Bachelor Social Worker
Exp. Date: 12/31/2009
Original License Date: 07/17/l975
Case 6:10-cv-01017-MLB -KGG Document 54-11 Filed 01/31/11 Page 11 of 11

ultimately causing her death. Wells was charged with first degree felony murder and child
a use. .
---- ---- - - - -- ---~~- - ---- --- ----------- --. ~-- ~-_.~------ --~ - ---
These are only allegations and Wells will be presumed innocent until proven otherwise in a
court of law., - .

SRS PPM 2502 Allowable Case Findings

The following acts by a perpetrator potentially indicate the perpetrator poses a danger to
chiidren and may result in a substantiated case finding.

Any non-accidental or intentional act or failure to act toward a child which:

• Results in death or physical injury. Physical injury could include, but is not
limited to; fractures, bruises on child's face, head, abdomen, bruises of different
shades indicating a pattern of abuse, bruises with distinct shapes indicating use of
objects (belt, cords, whips, sticks), injury requiring medical care, burns, injury
resulting in severe or prolonged pain, injury which interferes with normal activity,
multiple significant injuries.