Hi Jordan,
Lost contact with you some time ago, but am finally back up
and running. In case you don't remember me, I'm Dawnne
Takeuchi's mother, VisionQuest death - June 28, 1995. Thought
you'd be real interested in knowing the latest developments on
Nicholaus Contreraz, and believe me, I was just made aware
yesterday. I have been SICK to my stomach on this one!
There were originally 5 people charged criminally for the
'death' - MURDER is my way of saying it. I went to Arizona last
year for the preliminary hearings, and watched the 4 counselors
have all charges dropped. The State of Arizona did charge Linda
Babb (the nurse) with some child abuse and neglect type charges
resulting in his death. I was hopeful that SOMEONE would be held
responsible and accountable relating to his death. And, if it
had to be the nurse, my feeling was, so be it; at least someone
would be held accountable in the eyes of the law.
I am attaching a copy of a MOTION TO DISMISS submitted by the
Prosecuting District Attorney which I've typed verbatim.
There really is no justice, is there? How and when will
JUSTICE win out? And just who will be treated justly? In whose
eyes will justice be served? Certainly NOT THE CHILDREN'S! I
wish that I could have a more positive outlook but right now.
I'm at a total loss for words.
I went through your website and cried and cried!
I do want to thank you personally for putting the names
together in a list format. I worked VERY hard getting those
names - especially the court adjudicated kids. I can't count the
hours I spent searching, calling long distance, etc. to put a
name to each death! [See:
Killer Camps]
Maybe you would consider putting the below document also on
the website where you feel it might fit.
A sincere thanks on behalf of all the kids!
Candice Takeuchi
CandiTak@pacbell.net
ps. Please add me to your email address book. If there's
anything I might be able to help you with, don't hesitate to
ask!
NO. CR 98-96150
SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF
MARICOPA
THE STATE OF ARIZONA, Plaintiff,
vs.
LINDA BABB, Defendant
MOTION TO DISMISS
Assigned to Hon. Daniel A. Barker
COMES NOW The State of Arizona, by and through the Pinal
County Attorney, ROBERT CARTER OLSON, and his undersigned Deputy
County Attorney, and respectfully moves this Court to dismiss
the above-entitled action now pending in the Maricopa County
Superior Court for the reasons more fully set forth herein:
FACTSOn August 17, 2000, during a witness
interview, Dr. Mary Dudley unexpectedly announced to counsel for
both parties that she no longer wished to participate in this
case as the State's expert witness on nursing issues. As defense
counsel began questioning Dr. Dudley about her earlier
deposition in the Scott Norberg civil litigation, she declined
to revisit that case or participate further as our expert in
this case.
Without a witness to testify to the nursing standard of care,
the State is unable to prove that Ms. Babb violated that
standard by reckless conduct. Since Ms. Babb is charged with
Reckless Child Abuse and Manslaughter (recklessly causing
death), the inability to prove that Ms. Babb acted recklessly is
fatal to the prosecution of this case.
Immediately the State sought to retain a replacement for Dr.
Dudley within the time limits imposed by the Court for the
completion of discovery by both parties. As of this writing, the
State has not obtained a witness to replace Dr. Dudley.
Independent of the State's loss of Dr. Dudley, a defense
interview of Dr. Robert Kearl was scheduled for August 28, 2000.
Dr. Kearl is a pulmonologist and expert witness for the
State. Dr. Kearl testified at the Preliminary Hearing in the
instant case on April 13, 1999. Prior to that, Dr. Kearl had
written an opinion for the State concerning the cause and
mechanism of Nicholaus Contreraz' death.
Both Dr. Kearl's written opinion and his testimony at the
Preliminary Hearing were based on his belief that Mr. Contreraz'
left lung had been collapsed and his right lung infected for
some period of time during his life. Dr. Kearl opined that Mr.
Contreraz' illness and its severity would have been evident to
even medically untrained persons during the last week of his
life. As to the nursing notes indicating clear breath sounds,
Dr. Kearl concluded that the examinations were inadequate, or
possibly that the records were falsified.
On August 28, 1000, counsel for both parties met with Dr.
Kearl. He informed counsel that, in preparation for his
interview, he had reviewed the case materials. During that
review, he reconsidered all the medical evidence, particularly
focusing on the Northwest Hospital records, and reached a new
conclusion that no other medical expert had previously
expressed.
Despite past assumptions, Dr. Kearl came to the conclusion
that Mr. Contreraz' left lung was not collapsed prior to death,
and that the inflammation in the right lung could have occurred
as a result of aspiration during resuscitation. These being so,
Mr. Contreraz would not have exhibited the symptoms previously
believed; it would, therefore, have been reasonable for Ms. Babb
to believe that Mr. Contreraz was not ill (see attached Exhibit
A, transcript of Dr. Kearl, August 28, 2000.)
CONCLUSIONDue to Dr. Dudley's sudden withdrawal
as an expert witness, and Dr. Kearl's revised opinions, the
State is unable to prove either the nursing standard of care nor
Ms. Babb's violation of that standard.
The County Attorney is charged with prosecution people
accused of crime, but our first duty is to the administration of
justice. Under circumstances now apparent to the State, and
discovered by the State's expert, justice demands that this case
be dismissed and Ms. Babb be cleared of these charges. The State
of Arizona commends Dr. Kearl for his forthrightness, and his
willingness to reconsider and revise his opinions.
WHEREFORE, the State moves this Court to dismiss the
above-entitled cause in the interests of justice. RESPECTFULLY
SUBMITTED this 29th day of August, 2000.
ROBERT CARTER OLSON
PINAL COUNTY ATTORNEY
