TimothyIsiahBlairJenkins

This page was last updated on: July 5, 2004

INJUSTICE IN FULTON COUNTY[Atlanta, GA] -

The tale of Charmaine J. Smith and Timothy Blair Jenkins and their baby boy -
How questionable medical expert testimony, irresponsible DFCS and incomprehensible

Judicial Decisions and DA actions can ruin a family at taxpayer expense

This case shows

1) the farce of the child abuse program and SBS [Shaken Baby Syndrome] and

2) that the premise of our society "INNOCENT BEFORE PROVEN GUILTY" does not exist in Fulton County.

The case of this young couple {Charmaine, 23, and Timothy, 30} and the incredible removal of their baby Timothy has already been described in detail on the HospitalAbuse site [Charmaine has a new telephone number: 770-352-0187 ]. This is an update, since things have gotten worse --exposing even more scandals.

This indicates how farcical the claim of shaken baby syndrome [SBS] or in this case "slammed baby syndrome" has become. The United Kingdom is rejecting this pseudo science, but Atlanta appears to be on a craze.

In brief summary, this nonviolent couple [3rd year Georgia State University student, Nissan employee], which had been to all prenatal and well-baby checkups, and displayed immense documented concern for their premature baby was accused of child abuse. This accusation happened on a regularly scheduled neurologist appointment [3 days after the 4-month Well Baby Checkup]. There was not one scratch or bruise on baby Timothy!

Due to the scandal of Georgia's Chief judge of their largest Juvenile Court, Nina Hickson, stepping down [She left her four-year-old running around Atlanta in the middle of the night, while she picked up her luggage last November], Judge Blau was assigned to their case.

At the first hearing, April 5th, 2004, DFCS called their two witnesses Dr. Therese DeGrandi, well-known Atlanta "child advocate" and Daniel Gruskin, MD Assistant Professor Of Human Genetics and Pediatrics, to present their only evidence. Neither of these doctors appear to have made any tests to document their testimonies. Dr. Gruskin is a newly licensed pediatric and was not even licensed to testify in genetics at the April 5th, 2004 hearing. Dr. Degrandi is not a radiologist. Neither of these doctors had either proof or qualifications to give testimony, yet were the state's only witnesses! Dr. DeGrandi made known false statements as to contacting the child's pediatrician.

Surprisingly, this not wealthy accused couple came up with 3 renown medical experts [Drs. Patrick D. Barnes, MD, and Harold E Buttram, MD and Dr. John Galaznik, MD] and a radiologist: All these doctors testified that there should be no accusation of child abuse, since the case did not show abuse at all. They accused DeGrandi of violating the standard of care by not checking with the child's pediatrician, Dr. Drake-Forte, and not considering other causes. The radiologist ,Kimberly Spencer, stated that there were no broken bones on the disk, yet DFCS had sent over another x-ray [non-disk] of a different age child, which did show breaks. Where did this x-ray come from?

Strangest of all, Dr. DeGrandi has accused the parents of brutally slamming the baby causing numerous broken bones and bleeding of the brain. The problem appears to be there is no radiologist report and the accusation disk of radiograms does not appear to show any broken bones at all! The "Child Advocate" could not accuse the family of normal SBS, since there was no distress emergency nor any retinal bleeding. The subdural hematoma was known chronic.

Again, Dr. DeGrandi is not a radiologist, yet she has accused these parents of abusing their baby, although not one bruise or known indication of such aggravated assault was ever indicated. This is not the first time, this doctor has made such mysterious if not ridiculous testimony [She also has testified to the re-growing hymen in sex abuse cases]. This particular doctor appears to be sending numerous innocent people to jail and ruining families.

[See another Atlanta case, the Wendy Hill case, where an excellent respected child caregiver is accused of abuse although she actually saved the child's life through CPR - DeGrandi makes it possible. This accusation was unbelievable to all parents, who knew and experienced Wendy. Well, the parents were accused of SBS and might lose their baby if they could not point the finger at someone. Poor Wendy was the last one with the baby. MOTTO: "Last one with the baby is accused and guilty" under Child Advocacy practices. Reason and all common sense aside!]

In the second hearing on April 19th the pediatrician , Drake-Forte, stated that she had never been contacted by anyone other than the mother as to the accusation of child abuse. No signs of abuse was ever seen or suspected. A physical therapist had also been treating the baby at the time. She testified that no signs of any physical abuse were seen.

Is there some witchhunt going on? Has the 17th century Salem moved to 21st century Atlanta?

It appears, because the father had lost his infant son in New Jersey and was falsely accused of abuse in 1993, DeGrandi and DFCS overzealously accused the family of abuse. This information was volunteered by the father and appears not adequately researched by DFCS, but blown out of all proportion.Thereby, the entire NJ record was wiped out since there was zero proof of abuse then. His 4 month old sickly baby died after a 911 call. Not one bruise was found on the baby. There are indications that med-mal caused the baby's death. No case could be brought against the father, although he was jailed. The father turned down all kinds of plea bargains for his freedom, because he refused to admit to a crime, he never committed. He sat in prison for 3 years before all charges were dropped. The state was later sued for malicious prosecution. Timothy was an "A" student and had the promise of a university scholarship, since he was an excellent football player. All his dreams wiped out because of the tragic death of his child. The father himself was a sickly baby, having spent much of his first birth year in the hospital. The previous injustice is occurring all over again.

When one reads Judge Blau's finding of facts, one is amazed. Where was the judge for the hearings? His justification reads like baby Timothy was just a heap of bones and that all the experts agreed that someone beat the hell out of the baby and it had to be the parents and they would never get the child back unless they explained who beat the hell out of Timmy. He signed the arrest order for the parents - assault and child abuse. The couple was arrested the next day {Apparently, the mother's fainting at the news of the judge's decision prevented immediate arrest}. Timmy had not even one bruise and was a contented baby! The x-ray disk shows no break! Amazing judge. An appeal is being filed.

Judge Blau appears to be a judge in need of accountability [ Jail4Judges, Center for Judicial Accountability, Inc.[ http://www.judgewatch.org ], since his order on deprivation appears to be a total distortion of facts.

It is amazing how people without wealth are so easily locked up and saddled with defense expenses without any concrete evidence. At the bond hearing the prosecutor asked for "no bond" -- amazing, two loving hardworking parents, who both want their child back, are branded such a danger to society. The bond was then placed at "only" $100,000 each. This is a sum, no one expected the accussed to be able to attain. This is unjust.

The next amazing feature is that two separate parties [strangers] were willing to put up bond for this obviously innocent couple. Charmaine was bailed out by putting up rental property by an advocate and the offer of 10% bond sponsorship was offered by a society. Yet due to the inane system in Fulton County, a false/fantasy notice was placed in Timothy's file [seen by the judge] as to a warrant for "voluntary manslaughter" of some January 2004 event with a $10,000 bail filed in April.

Someone does not want poor Timothy to get out of jail and make money for his defense. This man is being held falsely accused although the Fulton county jail is overfilled. This is scandalous.

The hardship, this family must endure is awful. How are they to pay their bills-- get money for a decent defense attorney, when the main bread winner is locked up?

This case shows how the Child advocacy Program and the justice system are broken and a horrible waste of our public funding. This system is not protecting the family. It is actively destroying it. And certain groups are making profit on this abuse.

See Justice denied Site for more information on SBS [Shaken baby syndrome - SBS] -link at lower left

Also see No Doctor Ethics site to show that often blind faith in these professionals is misplaced.

SPCP - eeeThe Society for Prevention of Cruelty to Patients is a non-profit patients' rights organization. We are here to aid you in furthering your health and to assist in reducing your health care problems.

Founded on a deadly experience with no recourse, we strive to prevent further occurrences of such medical abuse in the interest of profits.

SPCP Bradenton, FL 34209 Tel: 941-794-1634 Fax: 888-492-5856

e-mail: spcp4u@netzero.net

Home: http://www.spcpi.homestead.com/ or http://www.spcp4u.org/

This page was first created on June 21, 2004 by Carol Stronstorff, VP, SPCP




	This page was last updated on: July 5, 2004


		INJUSTICE IN FULTON COUNTY[Atlanta, GA] - The tale of Charmaine J. Smith and Timothy Blair Jenkins and their baby boy - How questionable medical expert testimony, irresponsible DFCS and incomprehensible Judicial Decisions and DA actions can ruin a family at taxpayer expense

This case shows 1) the farce of the child abuse program and SBS [Shaken Baby Syndrome] and 2) that the premise of our society "INNOCENT BEFORE PROVEN GUILTY" does not exist in Fulton County. The case of this young couple {Charmaine, 23, and Timothy, 30} and the incredible removal of their baby Timothy has already been described in detail on the HospitalAbuse site [Charmaine has a new telephone number: 770-352-0187 ]. This is an update, since things have gotten worse --exposing even more scandals. This indicates how farcical the claim of shaken baby syndrome [SBS] or in this case "slammed baby syndrome" has become. The United Kingdom is rejecting this pseudo science, but Atlanta appears to be on a craze. In brief summary, this nonviolent couple [3rd year Georgia State University student, Nissan employee], which had been to all prenatal and well-baby checkups, and displayed immense documented concern for their premature baby was accused of child abuse. This accusation happened on a regularly scheduled neurologist appointment [3 days after the 4-month Well Baby Checkup]. There was not one scratch or bruise on baby Timothy! Due to the scandal of Georgia's Chief judge of their largest Juvenile Court, Nina Hickson, stepping down [She left her four-year-old running around Atlanta in the middle of the night, while she picked up her luggage last November], Judge Blau was assigned to their case. At the first hearing, April 5th, 2004, DFCS called their two witnesses Dr. Therese DeGrandi, well-known Atlanta "child advocate" and Daniel Gruskin, MD Assistant Professor Of Human Genetics and Pediatrics, to present their only evidence. Neither of these doctors appear to have made any tests to document their testimonies. Dr. Gruskin is a newly licensed pediatric and was not even licensed to testify in genetics at the April 5th, 2004 hearing. Dr. Degrandi is not a radiologist. Neither of these doctors had either proof or qualifications to give testimony, yet were the state's only witnesses! Dr. DeGrandi made known false statements as to contacting the child's pediatrician. Surprisingly, this not wealthy accused couple came up with 3 renown medical experts [Drs. Patrick D. Barnes, MD, and Harold E Buttram, MD and Dr. John Galaznik, MD] and a radiologist: All these doctors testified that there should be no accusation of child abuse, since the case did not show abuse at all. They accused DeGrandi of violating the standard of care by not checking with the child's pediatrician, Dr. Drake-Forte, and not considering other causes. The radiologist ,Kimberly Spencer, stated that there were no broken bones on the disk, yet DFCS had sent over another x-ray [non-disk] of a different age child, which did show breaks. Where did this x-ray come from? Strangest of all, Dr. DeGrandi has accused the parents of brutally slamming the baby causing numerous broken bones and bleeding of the brain. The problem appears to be there is no radiologist report and the accusation disk of radiograms does not appear to show any broken bones at all! The "Child Advocate" could not accuse the family of normal SBS, since there was no distress emergency nor any retinal bleeding. The subdural hematoma was known chronic. Again, Dr. DeGrandi is not a radiologist, yet she has accused these parents of abusing their baby, although not one bruise or known indication of such aggravated assault was ever indicated. This is not the first time, this doctor has made such mysterious if not ridiculous testimony [She also has testified to the re-growing hymen in sex abuse cases]. This particular doctor appears to be sending numerous innocent people to jail and ruining families. [See another Atlanta case, the Wendy Hill case, where an excellent respected child caregiver is accused of abuse although she actually saved the child's life through CPR - DeGrandi makes it possible. This accusation was unbelievable to all parents, who knew and experienced Wendy. Well, the parents were accused of SBS and might lose their baby if they could not point the finger at someone. Poor Wendy was the last one with the baby. MOTTO: "Last one with the baby is accused and guilty" under Child Advocacy practices. Reason and all common sense aside!] In the second hearing on April 19th the pediatrician , Drake-Forte, stated that she had never been contacted by anyone other than the mother as to the accusation of child abuse. No signs of abuse was ever seen or suspected. A physical therapist had also been treating the baby at the time. She testified that no signs of any physical abuse were seen. Is there some witchhunt going on? Has the 17th century Salem moved to 21st century Atlanta? It appears, because the father had lost his infant son in New Jersey and was falsely accused of abuse in 1993, DeGrandi and DFCS overzealously accused the family of abuse. This information was volunteered by the father and appears not adequately researched by DFCS, but blown out of all proportion.Thereby, the entire NJ record was wiped out since there was zero proof of abuse then. His 4 month old sickly baby died after a 911 call. Not one bruise was found on the baby. There are indications that med-mal caused the baby's death. No case could be brought against the father, although he was jailed. The father turned down all kinds of plea bargains for his freedom, because he refused to admit to a crime, he never committed. He sat in prison for 3 years before all charges were dropped. The state was later sued for malicious prosecution. Timothy was an "A" student and had the promise of a university scholarship, since he was an excellent football player. All his dreams wiped out because of the tragic death of his child. The father himself was a sickly baby, having spent much of his first birth year in the hospital. The previous injustice is occurring all over again. When one reads Judge Blau's finding of facts, one is amazed. Where was the judge for the hearings? His justification reads like baby Timothy was just a heap of bones and that all the experts agreed that someone beat the hell out of the baby and it had to be the parents and they would never get the child back unless they explained who beat the hell out of Timmy. He signed the arrest order for the parents - assault and child abuse. The couple was arrested the next day {Apparently, the mother's fainting at the news of the judge's decision prevented immediate arrest}. Timmy had not even one bruise and was a contented baby! The x-ray disk shows no break! Amazing judge. An appeal is being filed. Judge Blau appears to be a judge in need of accountability [ Jail4Judges, Center for Judicial Accountability, Inc.[ http://www.judgewatch.org ], since his order on deprivation appears to be a total distortion of facts. It is amazing how people without wealth are so easily locked up and saddled with defense expenses without any concrete evidence. At the bond hearing the prosecutor asked for "no bond" -- amazing, two loving hardworking parents, who both want their child back, are branded such a danger to society. The bond was then placed at "only" $100,000 each. This is a sum, no one expected the accussed to be able to attain. This is unjust. The next amazing feature is that two separate parties [strangers] were willing to put up bond for this obviously innocent couple. Charmaine was bailed out by putting up rental property by an advocate and the offer of 10% bond sponsorship was offered by a society. Yet due to the inane system in Fulton County, a false/fantasy notice was placed in Timothy's file [seen by the judge] as to a warrant for "voluntary manslaughter" of some January 2004 event with a $10,000 bail filed in April. Someone does not want poor Timothy to get out of jail and make money for his defense. This man is being held falsely accused although the Fulton county jail is overfilled. This is scandalous. The hardship, this family must endure is awful. How are they to pay their bills-- get money for a decent defense attorney, when the main bread winner is locked up? This case shows how the Child advocacy Program and the justice system are broken and a horrible waste of our public funding. This system is not protecting the family. It is actively destroying it. And certain groups are making profit on this abuse. See Justice denied Site for more information on SBS [Shaken baby syndrome - SBS] -link at lower left Also see No Doctor Ethics site to show that often blind faith in these professionals is misplaced. SPCP - eeeThe Society for Prevention of Cruelty to Patients is a non-profit patients' rights organization. We are here to aid you in furthering your health and to assist in reducing your health care problems. Founded on a deadly experience with no recourse, we strive to prevent further occurrences of such medical abuse in the interest of profits. SPCP Bradenton, FL 34209 Tel: 941-794-1634 Fax: 888-492-5856 e-mail: spcp4u@netzero.net Home: http://www.spcpi.homestead.com/ or http://www.spcp4u.org/ This page was first created on June 21, 2004 by Carol Stronstorff, VP, SPCP