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Wednesday, 02 March 2011 20:15

Swain DSS investigated for cover-up in child’s death

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The Swain County Department of Social Services falsified records relating to the abuse and neglect of a 15-month-old baby who later died, according to an investigation by the Swain County Sheriff’s Office and the State Bureau of Investigation.

The specific charge being investigated is “obstruction of justice being infamous, done in secrecy and malice, and/or with deceit and intent to defraud.”

The social worker who handled the child’s case, Craig Smith, altered his reports, fabricating a hospital visit and doctor’s exam that never occurred, according to law enforcement statements. Smith claims he did so at the direction of his immediate superior, Candace Lassiter, according to a search warrant executed by the SBI at the DSS office in Bryson City.

The search warrant also suggests that the agency concealed records in its possession rather than turning them over to investigators.

DSS Director Tammy Cagle and Program Manager T.L. Jones met with Smith after he had falsified the reports but before they had been turned over to investigators, according to the warrant. Smith said Cagle told him at the meeting “we have to get everything in order and everything straight.”

The SBI seized computers and records from Swain County DSS offices last Tuesday (Feb. 22). Workers were put on lock down during the raid. People with appointments to see social workers or apply for benefits had to come back another day.

The Swain County Sheriff’s Office unraveled the alleged DSS cover-up while investigating the Jan. 10 death of Aubrey Kina Marie Littlejohn. Kina Marie was living with a great aunt, Lady Bird Powell, at the time.

Abuse and neglect are considered contributing factors, according to law enforcement records, but the investigation is still pending and no charges have been filed yet. The autopsy report is not yet final.

The investigation into Swain DSS was launched after Swain County Detective Carolyn Posey uncovered discrepancies in DSS records and found holes in the accounts from DSS social workers. Posey had initially been assigned to investigate Aubrey’s death and determine what, if any, charges should be filed.

Over the course of the investigation, Posey encountered delays getting DSS records. When she finally got the reports she found there were missing pages and other things that didn’t add up.

The child and caregiver are members of the Eastern Band of Cherokee Indians, but lived in Swain County. The tribe hired a private investigator, Danny Cheatham, to assist Posey in the case.

Posey and Cheatham interviewed several relatives and neighbors who told them they witnessed abuse and neglect of Aubrey while in Powell’s care. Relatives said they had repeatedly informed DSS of the situation, made reports and requested intervention but got no response.

But numerous DSS employees — from the rank and file to the director and manager — told Posey a different story, according to the search warrant.

“Investigators Posey and Cheetham have interviewed numerous persons who indicated that they witnessed physical abuse and neglect inflicted on the child and observed no food, a lack of heat and other inadequacies in the home environment. This information is in direct contrast to the information provided by the Department of Social Services’ employees: Misty Tabor, Craig Smith, Candace Lassiter, Angela Biggs, T.L. Jones and Tammy Cagle,” the warrant states.

Cagle is the director of DSS and Jones is the program manager.

Cagle and Jones told Posey they had turned over all their reports and files on Aubrey. But Posey believed the agency was withholding records and reports, according to the search warrant.

Once Posey and Cheatham discovered what appeared to be cover-up by Swain DSS, they alerted District Attorney Mike Bonfoey, who in turn called the State Bureau of Investigation.

 

Unraveling tale

Posey encountered significant and unexplained delays getting the DSS records for Aubrey. Posey began asking for the records immediately following the child’s death, but three weeks later had still not received them.

Posey then went to DSS and met with Program Manager T.L. Jones and DSS Director Tammy Cagle to find out what the hold up was.

But even then another two weeks passed before she got the records — a delay of five weeks after her initial request. By now, Posey had grown suspicious. That suspicion mounted as Posey realized the records were incomplete.

“Documents were missing and forms with sequential page numbers were not complete,” the search warrant states.

But it was a dubious account of a doctor’s checkup that proved the biggest red flag to Posey.

Powell was supposed to have Aubrey examined by a doctor following a complaint from relatives who saw the baby with bruises. When visited by social worker Craig Smith, Powell told him the bruises were the result of a fall down the stairs.

Smith told Powell to take the baby to the doctor for a checkup, but she never did. Smith failed to follow up with Powell on the outcome of the doctor’s visit.

Following Aubrey’s death, Smith claims his supervisor told him to go back and “fudge” the reports, according to the search warrant. Smith wrote a fake report recounting a conversation with a doctor who had done a checkup.

Here’s what the fabricated report said about that conversation:

“Smith asked (Dr. Toedt) how the visit went and she stated that she checked the child and didn’t find anything wrong with the child and stated the child appeared to be normal to her. Smith asked her if she could send him something stating what she had just told him. Dr. Toadt stated that wouldn’t be a problem and that she would type something up for him and fax it to him.”

Posey found the account troubling. For starters, Smith spelled the doctor’s name wrong throughout the report.

But as a licensed nurse herself, Posey knew that federal law prohibits doctors from giving out personal health information about patients over the phone. So she decided to call the doctor herself.

“Detective Posey found that there was no medical record documenting that Dr. Toedt had ever seen Aubrey Littlejohn,” the search warrant states. “Dr. Toedt told Detective Posey that she had never had a phone conversation with Craig Smith, and she had never seen or examined Aubrey Littlejohn.”

The very next day, Thursday, Feb. 17, Posey and Cheetham went to see Smith. When they asked him about his visit to Powell’s trailer, he told them the house was clean, that the floors had been mopped and even “smelled of Pine Sol cleaning solution.” He said Powell was feeding Aubrey crackers and juice, and that the home was “stocked with food.”

Smith told the investigators that reports of abuse were “unsubstantiated” and the case had been closed on Oct. 10.

When asked about the doctor’s visit, Smith repeated his story from the fake report. Posey and Cheatham then confronted Smith with what they knew, and Smith fessed up.

Smith admitted to fabricating the doctor’s visit and altering reports in the case file, but said that he did so at the direction of his immediate supervisor, Candice Lassiter. Smith said Lassiter came to him the week after Aubrey’s death and told him to change the records, including faking a doctor’s visit, according to the search warrant.

Smith also said he met with DSS Director Tammy Cagle and Program Manager T.L. Jones during the course of the law enforcement investigation.

“Cagle told Smith that we have to get everything in order and everything straight,” the search warrant says. “This was after Smith had altered and falsified his original narrative and after he had submitted the altered and falsified narrative to Lassiter.”

In the meeting, Cagle asked Smith why he hadn’t followed up on the doctor’s visit, according to Smith. Smith said he was then told to leave the meeting and his bosses stayed in the room.

By now, it was early February. Posey still hadn’t received the records from DSS.

Meanwhile, Cagle told Smith and Lassiter to go out and find Powell so they could question her about whether she ever took Aubrey to the doctor, according to the search warrant. Smith and Lassiter went to Powell’s trailer and to her sister’s house but had no luck. They came back and told Cagle they couldn’t find Powell, according to Smith’s statement in the warrant.

The following Monday, the SBI secured a search warrant from Superior Court Judge Brad Letts. Agents showed up at DSS shortly after the start of the workday the next morning.

 

Computer forensics

The search warrant gave SBI agents sweeping authority to seize computers, hard drives, servers and data storage devices, including thumb drives and memory sticks in the personal possession of employees. The search warrant also stipulates that DSS workers turn over passwords required to open files or get into e-mail accounts.

Documents to be seized included case files, call logs, child services reports, time sheets, mileage records and even desktop calendars of employees.

In the search warrant, SBI Agent S. Ashe explained why computers had to be seized rather than inspected on site.

“Searching electronic or computer devices for criminal evidence can be a highly technical process requiring expert skill and a properly controlled environment,” Ashe wrote.

Even if DSS employees deleted incriminating files, it might be possible to recover them.

“Files, or at least traces of that file, can be recovered by forensic analysis techniques even after the file has been deleted by the user,” Ashe wrote.

Computer experts can recover “hidden, erased, compressed and encrypted files,” Ashe wrote, but sifting through the massive quantity of data on computers to find what investigators are looking for is a lengthy process.

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