Latest News 2013 March Aunt that Killed her Native American Niece Sentenced to Prison, DSS Faces Lawsuit

Aunt that Killed her Native American Niece Sentenced to Prison, DSS Faces Lawsuit

As reported by the Huffington Post, a woman has pleaded guilty to killing her 15-month old niece, and the Department of Social Services is facing allegations that they covered up and largely ignored a history of abuse suffered by the toddler, and other Native American children.

On February 18, L.P., 39, of Bryson City, North Carolina, entered guilty pleas to charges of involuntary manslaughter, extortion, possession of drug paraphernalia and two counts of felony child abuse and was handed down a 12-year prison sentence by Judge James Downs.

In January of 2012 L.P. was arrested and charged with the second-degree murder of A.L. Her arrest came one year after A.L. was killed.

J.L., A.L.'s mother, had left her child in L.P.'s care in April of 2010 – when J.L. had been ordered to jail while facing a marijuana-trafficking charge. At the time that A.L. died her mother was still incarcerated.

A.L. was a member of the Eastern Band of Cherokee Indians. Speculation has grown since her death that the Swain County Department of Social Services has done little to protect Native American children, including A.L., from abuse. In fact, two employees of the DSS are facing charges in relation to A.L.'s death: falsifying records and obstruction of justice.

Reporters learned that the DSS and the police were aware of J.L.'s mistreatment prior to her death.

Lawyer David Wijewickrama has filed two lawsuits on behalf of A.L.'s estate. He commented that L.P.'s sentencing is "a step, an important one, in the journey of justice for the (L.) family" which should lead to bringing about "justice to those employees of Swain County's Department of Social Services, who may have contributed to her death and were involved in the shameless cover up of their own failures to protect this loving and innocent child from abuse."

J.L. was in tears throughout the court hearing as her daughter's death was recounted. She listened to one story of how her daughter's arm was snapped and broken by L.P. J.L. commented, "I miss (A.L.) every day."

A.L.'s great aunt, R.M., reported her fears about abuse in L.P.'s home to the DSS. At the time another child, an 11 year-old boy, also resided there. R.M. went along with sheriff's deputies and social workers to the home on November 9, 2010 to investigate.

DSS removed the boy – placing him in R.M's custody – but left A.L. behind.

R.M. alleged that she pleaded with the DSS to allow her to take A.L. as well, however, they ignored her.

On January 10, 2011 A.L. was taken to an emergency room and died from her injuries.

Swain County investigators learned that the DSS had a minimum of at least three reports regarding the neglect or abuse of A.L. They also noted that pages of written reports were missing.

Contact a criminal defense attorney if you are facing one or more criminal charges. The sooner you begin to work on your defense the better.

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