Friday, April 9, 2010

Mop-up Duty: An entrepreneur wants N.O. to pay him to clean crime scenes, but a medical expert sees no need

by Richard A. Webster
Dolan Media Newswires

NEW ORLEANS, LA -- Tommy Boudreaux knelt over a dark stain on the sidewalk in front of a boarded-up house in Treme.

The ash gray splotch looked like a burn mark or a patch of embedded dirt. He took out a clear plastic bottle filled with hydrogen peroxide and pulled the trigger.

"Watch this," he said.

When the liquid hit the pavement, it sizzled and expanded into a frothing mass of white foam.

"This is where she died," Boudreaux said.

He pointed the bottle at a blackened section of soil in a barren flowerbed. Bubbles erupted out of the dirt.

"That's where she bled out."

He repeated the process on a series of streaks running down the porch stairs and again on a muddy clump of grass covered with flies.

"This is all blood," Boudreaux said. "It's been a week since the murders and there's still blood everywhere."

Boudreaux owns Clean Scene Services, a New Orleans-based company that specializes in cleaning and restoring homes after violent crimes. The house at 819 N. Robertson St. where he sprayed hydrogen peroxide to reveal the presence of blood was the scene of a triple homicide March 31.

Alfred Andrews, 78, reportedly killed his 31-year-old girlfriend, Jennifer Muse, her 25-year-old sister, Monica Muse, and her 50-year-old mother, Wanda Wagner Simpson, before shooting himself in the face with a shotgun. Andrews remains in critical condition.

Boudreaux, who charges between $1,700 and $2,700 per crime scene, said he approached Andrews' family after seeing reports of the slaughter on the news. The family, however, does not have homeowner's insurance, and without insurance, which is how the majority of families pay for his services, there is nothing Boudreaux can do for them.

But the city can do something, Boudreaux said. It can hire his company as the official vendor for cleaning public sidewalks at crime scenes.

"I came out here two days after the shooting and there was a small child running through the blood with socks on."

Boudreaux pointed to a purple action figure lying next to one of the bloodstains.

"A child could come by, pick that up and put it in his mouth. It's a public safety hazard and the city needs to take this seriously," he said.

City officials did not return requests for comment.

"People say that my service exploits the crime rate, but that's not what I'm doing," said Boudreaux. "I'm trying to make sure when a crime is committed that at least we're following through with the proper cleanup."

Boudreaux and other crime scene-cleaning companies may not be exploiting the crime rate, but they are exploiting people's fear of disease, said Dr. Julio Figueroa, associate professor of clinical medicine at Louisiana State University School of Medicine.

The only diseases that pose a risk at crime scenes are blood-borne pathogens such as HIV and hepatitis strands B and C, which wouldn't survive outside the body for more than a day or two, Figueroa said. And even then, a person would have to have a fresh cut and be exposed to a substantial amount of the blood to be infected.

"You'd have to have the stars align just perfectly with the right set of conditions in order to have transmission. Even in a hospital where there is a higher risk of exposure, transmissions are uncommon," Figueroa said.

Jimmy "Lucky" Osborne has lived on the second floor of 819 N. Robertson St. for more than 20 years. He was good friends with Andrews and spent a day cleaning the apartment after the shootings.

It was a macabre scene, Osborne said. The floors were buried in an inch of blood, brain matter was splattered on the furniture and pieces of bone, including a section of Andrews' jaw, were scattered throughout the room.

"It took me a whole day to clean the place," Osborne said.

But Boudreaux contends no amount of ammonia and bleach can properly clean such a grisly scene. Without the assistance of professionals, public contamination is inevitable, he said.

While he was cleaning the apartment, Osborne moved some of Andrews' furniture to the sidewalk, including his blood-soaked couch. It was gone when Osborne stepped back outside.

"Somebody took it," Boudreaux said. "Can you believe it? Now that couch is in someone's home."

And that's the problem, said Boudreaux, who worked as a surgical nurse for 10 years before starting his company. The city does not assume responsibility for the clean up of crime scenes, leaving it to members of the community who typically use hoses to wash whatever flowed out of the victim's body off of the streets and into drainage ditches or nearby lawns where children play.

Rags and towels used to soak up blood are thrown into trash bins, exposing the community to disease, Boudreaux said.

But Figueroa isn't buying it. Given the city's budget problems, he said taxpayer money would be better spent elsewhere.

The average person with no medical or biohazard background is capable of cleaning a crime scene as long as they are educated on the risks and take the proper precautions like wearing gloves and protection for their mouth, nose and eyes, Figueroa said.

"Is it absolutely necessary to hire a professional company? Probably not as long as you have the least bit of common sense," he said.

"But as with the person taking a couch full of blood off the sidewalk, you can't always count on people acting in the most sensible way."

Sunday, March 28, 2010

Fund helps murdered victims' families.



When Joseph Ross returned home from work, he never expected to find his entire family dead.

Joseph Ross says, "My kids was dead on top of each other in the bathroom."

The quadruple murder shocked the community.

New Orleans City Council Woman, Cynthia Hedge-Morrell says "I don't know what you can say about anyone that would kill a small child, I think there's just a special place in hell for somebody like that."

New Orleans Police Detective, Zenia Smith says "It's very sad it's heart-wrenching, it's very sad."

Ross doesn't know how he will pay to bury his family.

Smith says "No he doesn't have anything."

Aunt, Dwanda Holmes says "Anybody, whatever you can do I appreciate it."

NOPD Detectives Latina Jolivett and Zenia Smith were assigned to help the family through the Crime Victim's Reparation Program.

Holmes says "All I want is closure, I have to go pick out four caskets, not one, but four.

The detectives help victim's families deal with the financial aftermath of a crime.

The program is funded through the state.

Detective Smith says "For homicides it will go to funeral and burial expenses, but it will also go to crime scene cleanup, loss wages. You can also be compensated for medical expenses if you were a victim of a shooting and you have a plethora of hospital bills."

Cynthia Hedge-Morrell replies "In a way I want people to know that it's there so they can use it but I also want to hope that we can get the violence under control so we don't have to use it."

But the detectives also help those left behind cope with the emotional pain.

Ross cries out "They took my babies, they took my babies, they took them away."

Detective Jolivett responds "It's very tough, it's tough for any family, it's tough to sit down with the family members days after something like this has happened."

Now a family prepares to bury all four victims on Good Friday.

The state may initially give an emergency award to victim's of up to 5-hundred dollars.
Typically to cover the cost of funerals they will award up to 45-hundred dollars.
A funeral donation fund has been set up at First Bank and Trust.
You can contribute at any branch.

Wednesday, July 22, 2009

Autopsy: Blood loss from rat bites killed Westwego baby

WESTWEGO, La. – Blood loss due to an attack by a rat or rats was determined to be the cause of death of the three-month-old girl who died last week in a Westwego home, according to a statement by Jefferson Parish Forensic Pathologist Susan M. Garcia.

Distraught family lashes out, blames landlord
The official cause of death of Natalie Hill on the statement was "exsanguination due to destruction of soft tissue secondary to murine activity."

Authorities had been trying to determine whether bites occurred while the child was alive or dead.

Hill was found in her crib, covered in blood and her parents placed an emergency 911 call. Bloody prints that appeared to be those of a rat trailed from the crib.

LSU Trauma Surgeon Dr. Alan Marr, who was not connected to the case, said that the small amount of blood present in an infant’s body mean that fatal blood loss could have occurred in a short period of time.

“The soft tissue, which would be skin and muscle, maybe all the way down to the bone, was torn open and probably in multiple places in order for the child to have lost enough of their blood volume to die.”

"We had hoped the results would be different, to be honest with you,” Munch said.

Munch said his investigators haven’t determined if criminal charges will follow, now that the autopsy findings have been released.

“We were hoping for a different result, but now that we know what happened, we will continue our investigation and see whether anyone is negligent,” Munch said.

The parents of Natalie Hill, Robby Hill and Casey Laine, were in court at a custody hearing Wednesday concerning the status of their other child, a 14-month-old boy who was removed from the home after the baby's death.

Click here to see raw video of what the family had to say.

The court said it would rule on the case next week after it inspects the home where the parents are living at this time.

Distraught family members defended the parents and lashed out at the home’s landlord, Charles Dufrene, who they say did not use FEMA money he had received to address the home’s structural problems.

“She died devastatingly,” said Ryan Laine, the child’s uncle. “The people that should be responsible for this is the landlord.”

Eyewitness News traveled about 20 miles out of Westwego in hopes of speaking to the landlord ourselves at his Lafitte home. But Dufrene never came to the door. The landlord, neighbors have said, is also Robby Hill's step-father.

“They were good parents that would never let nothing happen to this child,” said Lisa Lenormand, the child’s grandmother, through tears. “That was his (the landlord’s) house for 17 years and he let the children come into that house knowing the kind of danger they were in. He got FEMA assistance three times to fix that place and he failed them. He never gave them a penny.”

Natalie Hill was found in her crib by her parents covered with rat bites Thursday morning in the 700 block of Central Avenue.

The parents found their child covered in blood in her crib about four and a half hours after they fed her last, according to Westwego Police Chief Dwayne Munch, adding that emergency calls were placed to authorities between 7 and 7:30 a.m.

When EMS and police arrived at the house, Munch said, they found Natalie, a large amount of blood and hundred’s of bites on her body – including flesh being removed from her nose and the bottom of her leg. Bloody prints from the crib resembled a large rat.

The curator for Audubon Zoo, Rick Dietz, said rats can be very destructive and aggressive, but it would be very unusual for the rodents to attack a live baby.

"The more likely scenario would be if the baby was dead already that the rats would bite on her," said Dietz. "If she was alive, they probably would not because of the screaming and kicking and all that the baby would do."

Some neighbors acknowledged a neighborhood rodent problem, but said Hill and Lane were good parents.

“They are good parents,” Annette Stevens, a neighbor. “They would never put them in harm’s way. They kept them clean and fed. They were good parents.”

Lane defended herself publically after the death of her daughter in a Times-Picayune video, saying, “It hurts, it feels like a piece of me is gone and it’ll never be back.

“I just wish people would stop and realize that I’m a good parent. My husband is a good parent. I never meant to put my child in any kind of danger. If I had known it was that bad, I would have never even lived there.”

Munch said the home was cluttered, though not necessarily dirty, but he said the structure had several problems.

“Holes in the wall, holes in the floor,” he said. “It’s an older home. It’s not something you would want to be raising a family in.”

Westwego Mayor John Shaddinger said earlier, city code inspectors sent the couple a letter, instructing them to clean up their yard.

"At the front of the house, there was some trash that needed to be removed," said Shaddinger. "They didn't comment that this house needed to be torn down, they never commented that they saw rats. They never commented it had holes in the side of the building or on the roof."

Saturday, May 16, 2009

Why you need crime scene cleanup services

By Alex Thomson

Crime scene cleanup or trauma scene cleanup after the death of someone either violently or naturally is by and large the responsibility of the victim’s family. Even till few years ago, there were a handful of cleaning companies that specialized in trauma cleaning service. But today this niche service has emerged as a lucrative business and there are many companies who provide this service.

Trauma cleaning service requires special experience, skills, equipment and expertise to deal with different types of bio-hazardous waste and dispose them efficiently with the minimum possible emotional stress to the victim’s family.

The most traumatic form of death is violent death and leaves the victim’s family feeling both victimized and traumatized. Coming to terms with the unnatural death of a loved one is in itself an uphill task for the bereaved family, and to top it they have to deal with other practical matters like making funeral arrangements, dealing with insurance issues, contacting surviving family and friends and locating wills. Furthermore, in case of violent crimes the police and the media are also involved. This can really overwhelm any family. Here is where trauma cleaning service comes to your rescue. They lighten one of the heaviest burdens, that is of dealing with the horrid murder cleanup. They will take care of the crime scene cleanup, ensuring that the scene is restored to its pre-incidental state as far as possible and in the most quick and efficient manner thus allowing you to deal with other important matters. Most service providers work discreetly and protect the confidentiality of the sufferer and family.

Most of the times, the crime scenes are so ghastly that they can induce additional emotional trauma in victim’s friends and family. By hiring professionals for cleanup, you can reduce this emotional stress. Immediately after death the nature begins its process of breaking down the body. Unattended death scene and dead bodies can be dangerous as it gives rise to blood borne pathogens, mold spores and bacteria. You may try to clean the area by yourself but the exposure may result in flu-like diseases or direct attack on the respiratory system. So it is advisable to leave this job to professionals who specialize in bio fluid and blood remediation.

The total cost involving a trauma scene cleanup will depend on a number of factors. One of the most major factors is that how many technicians will be needed for the job, how long will the job take and the quantity of hazardous material that needs to be treated and disposed of. It can range anywhere in the range of $100 to $1000 per hour. Some people might call this business as capitalizing on death but it is still essential and indispensable in case of a death.

Wednesday, May 13, 2009

Crime Scene Cleanup: What It Involves


A crime scene cleanup service is not without its complications. Crime scene cleaning encompasses restoring the crime scene to its original state. When a crime is usually discovered, crime scene cleaners are not called until after officers of the law, like the crime scene investigators, have done their jobs first and have given the go ahead for the cleaners to come in. If you intend to hire a crime scene cleanup company, you must make sure that they are well equipped and fit right to get the job done. A crime scene presents challenging conditions.

The Use Of Protective Gears:
Crime scenes can very well involve the use of hazardous or deadly substances. For safety reasons then, it has become imperative that crime scene cleaners use protective clothing, in addition to protective tools and gadgets. You must see to it that they have all the necessary protective gears and gadgets. The protective clothing can consist of disposable gloves and suits. A disposable gear is preferred nowadays since it offers the best protection against contamination. You use it one time and get rid of it. That way, the dangers of contamination is virtually brought down to zero percent. Protective clothing extends to respirators and the use of heavy-duty industrial or chemical-spill protective boots.

Among the gadgets that a crime scene cleaning company must have are special brushes, special sprayers, and wet vacuum. These special tools ensure added protection against getting into contact with the hazard could very well be present in the crime scene. There is large, special equipment such as a mounted steam injection tool that is designed to sanitize dried up biohazard materials such as scattered flesh and brain. You would also need to check if they have the specialized tank for chemical treatments and industrial strength waste containers to collect biohazard waste.

Of course, any crime scene clean up must have the usual cleaning supplies common to all cleaning service companies. There are the buckets, mops, brushes and spray bottles. For cleaning products, you should check if they use industrial cleaning products. A crime scene cleaning company must have these on their lists:

1 - Disinfectants including hydrogen peroxide and bleaches - The kinds that the hospitals used are commonly acceptable.

2 - Enzyme solvers for cleaning blood stains. It also kills viruses and bacteria.

3 - Odor removers such as foggers, ozone machines, and deodorizers

4 - Handy tools for breaking and extending such as saws, sledgehammers, and ladders

Established crime scene operators also equip themselves with cameras and take pictures of the crime scene before commencing work which. The pictures taken may prove useful for legal matters and insurance purposes. You never know which.

Needless to say, a specially fitted form of transportation and proper waste disposal is also needed. These requirements are specific. As you can imagine, crime scene cleaning is in a different category on its own. A home cleaning or janitorial service company may not be able to cope up with the demands of a crime scene. A crime scene cleanup service requires many special gears and tools that a home cleaning or a janitorial service company does not usually have or does not require. Crime scene cleaning if not done correctly can expose the public to untold hazards.

What Else To Look For In A Crime Scene Cleanup Company
You may also want to hire a company that has established itself. An experienced company with a strong reputation is always a plus but it could be expensive too. You will do well to balance your needs with what is your budget. There are several companies that offer specific prices such as for death scene clean up categories and suicide clean up categories. Most companies own a website and have round the clock customer service as receptionists.

When looking for a suitable crime scene cleaning service, among the first things you need to do is to scout for price quotes. Crime scene cleanup services usually provide quote after they have examined the crime scene and then they give you a definite quote. Factors that are usually considered include the number of personnel that will be needed to get the job done. It also includes the amount of time that might be needed. The nature and amount of the waste materials that need to be disposed will also be factored in. You can be sure that the more sophisticated equipments needed the more expensive it will get.

Crime Scene Cleanup And Your Insurance
For homeowners, the best approach is always to make sure that crime scene cleanup services clauses and provisions are written down on the contracts or policies. The inclusion of crime cleanup services clauses is very common and has become standard clause in most homeowner’s policy. Make sure that you are covered for this unforeseen event. Make sure that your policy directs the crime scene cleaning company to transact directly with the homeowner insurance company. A crime scene cleaning service is usually a standard clause in many homeowners’ insurance clause. These companies often do the paperwork in behalf of clients.

If for some reason you do not have such coverage by any policies relating to crime scene cleanup on your home, there are ways to keep your expenses controlled.

Finding the right company can be very taxing, especially that you have to deal with the emotional stress stemming from the crime itself, especially with a crime scene involving death.

There are many crime scene cleanup companies in operation nowadays. There are reliable professionals that you can hire and prices are relatively competitive. As of recently, crime-scene cleanup services can cost up to $600 for an hour of their service. A homicide case alone involving a single room and a huge amount of blood can cost about $1,000 to $3,000.

In recent years, crime scene cleaning has come to be known as, "Crime and Trauma Scene Decontamination or CTS. Basically, CTS is a special form of crime scene cleaning focusing on decontamination of the crime scene from hazardous substances such as those resulting from violent crimes or those involving chemical contaminations such as methamphetamine labs or anthrax production. This type of service is particularly common when violent crimes are committed in a home. It is rare that the residents move out of the home after it has become a scene of a crime. Most often, the residents just opt to have it cleaned up. That is why, it is very important to hire the best crime scene cleaning company out there. The place needs to be totally free from contamination of any kind. You have to make sure that the company is able to remove all traces of the violent crime that took place. This includes cleaning biohazards that are sometimes invisible to the untrained eye.

Legally speaking, federal laws state that all bodily fluids are deemed biohazards and you should make sure that the cleanup service company you hire understands this and includes it in the cleanup. These things appear as blood or tissue splattered on a crime scene. You must be able to hire a company that is equipped with special knowledge to safely handle biohazard materials. The company must have the knowledge what to search for in any give biohazard crime scene. For instance, the company should be able to tell clues such that if there is a bloodstain the size of a thumbnail on a carpet, you can bet that there is about a huge bloodstain underneath. Federal and State laws have their own laws in terms of transport and disposal of biohazard waste. Make sure that the company you hire has all the permits necessary.

It will also be a huge plus if you could hire people who not only has the special trainings but also who have the nature to be sympathetic. If you are close to the victim and have the cleaning done at the behest of the victim’s relatives, it would matter that the cleaners tread the site with some level of respect. It is a common site that family members and loved ones are often there at scene. In general, when looking for a suitable crime scene cleaners, you would take into considerations the kind of situation that the crimes scene presents and the demands that it require. Crime scene cleaning companies handle a wide variety of crime scenes and prices may vary from one to the other crime scene and one to the other company.

Each type of scene requires its own particular demands not only to make the crime scene look clean and neat on the surface but to make it germ free, and clean inside and to make it free from all deadly and infectious substances. The cleanup cost for biohazards may vary depending on degree of the bio hazard(s) on the scene. There may even be a category that changes the cleanup pricing which usually involves decomposing bodies and carcasses. Likewise, a cleanup of chemical hazards vary, depending on the amount of chemical hazards as well as the grades i.e. how hazardous the substance is in terms of human contact. Prices are also determined by the number of hours and personnel that it would to get the crime scene cleaned. In addition, the "gross factor" from crime scene involving death and gore needs to be taken under consideration regarding the chemicals that will be used as opposed to those crimes' that do not have gore involved.

Wednesday, May 6, 2009

Traumatic Grief

By Nancy Crump

Since the late 1980’s, we have seen an increase in interest and research on the effects of trauma on the grief process. We have learned that the grief process from the sudden, unexpected, and often violent deaths of suicide, homicide, auto accidents, natural disasters, and other types of deaths, is very different from the grief process of those who have died from natural causes, old age, or long-termed illness. Many, if not all, of the deaths faced by Bio Technicians fall into the category of traumatic. Those family members who hire you have usually been touched by the trauma of the death. Understanding the traumatic grief process and its differences from other types of grief may be of some help to you as you deal with these family members.

There are several key elements that make the responses by family members to a traumatic death difficult. First is the suddenness of the death. Family members usually did not have time to prepare themselves for the death and to make the psychological adjustments to cope with the news of the death. Also, the suddenness of the death does not give the family an opportunity to say goodbye to the victim before their death. Second, the violence of the death may leave the family with horrific memories and nightmares that often interfere with the grief process. Third, many of these types of deaths require police intervention and the family is often not given the support, information, and compassion they need at the time. Another element can be the presence of the media at the time of the death, as well as weeks and months later if legal issues follow the death. Most traumatic deaths involve young people who’s parents, grandparents, and siblings may still live. Certainly, the death of a child or young person is very difficult to cope with.

Reactions to a traumatic death can be very different, more intense, and longer lasting than other types of death. The emotions following a traumatic death are often conflicting and intense. There is a tendency to relive the death event over and over in an attempt to make it real. Intrusive thoughts and nightmares are very common. Intense physical responses such as inability to eat or sleep, stomach aches and headaches, muscle tension, high blood pressure and a decrease in the autoimmune system are also common. Many times, the survivors must deal with intense feelings of guilt or remorse, feeling that they were somehow responsible or could have prevented the death “if only”. Family members have the need to tell the story of the death over and over again in an attempt to gain a sense of the reality of the death. They often have an overwhelming need to learn all they can about the circumstances of the death - how the person died, whether they were in pain, did they know they were dying, what were their last words, who saw what happened, and in cases of homicide, who committed the murder. All of these reactions are ways the survivors use to grasp the reality of the death and to begin the grief process.

As Bio Technicians, you are often called by family members or meet them upon arrival to the scene. Understanding some of the dynamics of trauma on the grief process may help as you help the family. Understanding the “normalcy” of the reactions you may see can help you feel more competent and assured to speak with family members without wondering whether or not you are saying the “right” thing. Some suggestions are listed below, but the most important thing is to convey sincerity and compassion to the family. They are very vulnerable and sensitive to words, expressions, and body language. Just make sure that what you say and do is congruent with how you feel or you will come across as insincere and uncaring.

Soon after a traumatic death, most survivors simply need to tell the story to anyone who will listen. It is important for their recovery to be able to do this. If you have time to listen, do so. They are not necessarily looking for any input from you; they just need someone to listen.

Remember that there are two basic rules for grieving people – you don’t hurt yourself or someone else. If, during the conversation, you hear comments that indicate the person is thinking of either, you might suggest they go talk to someone else before making a decision to do something like this. Create a list of counselors, therapists, or mental health centers to hand out at times like these. Take comments about thoughts of suicide seriously and offer to call a friend or family member to be with the person and get them help. Suicide rates often increase after a sudden, traumatic death of a loved one. These are very difficult situations for you as a caregiver, but you need to set limits as to what you can and cannot do. Listening and having resources available are all you need. The survivor needs to take some responsibility for them, and others who are better trained to handle these situations need to be contacted.

Although many reactions may look and feel “crazy”, most are normal reactions to the situation. Again, as long as they don’t hurt themselves or someone else, they are probably reacting normally to an abnormal situation. Helping normalize these reactions is very helpful to the survivor. Encouraging the survivor to talk and to express what they are experiencing is also helpful. Making a simple statement such as, “I think I’d feel the same way if this happened to me”, helps the survivor feel less out of control.

There are many support groups available to survivors that would make a good resource for them. Creating a list of those in your community or in nearby communities is a great gift for survivors. They may not want to attend a support group, but usually someone from the group is always willing to talk to them by telephone or offer assistance.

In the work you do, you may find yourself in situations of dealing with survivors who have needs you do not feel comfortable or competent in dealing with. That’s okay as it is not your responsibility to be all things to all people. However, there are these simple steps you can take to help your families in a meaningful way. You can listen. You can refer. You can offer resources. Having some general knowledge of the traumatic grief process may make you feel more competent in dealing with your families and knowing that you are being supportive and helpful in a meaningful way.

Below are some national organizations that offer support groups in almost every locality. They are specific to either the type of death or the relationship to the person who died and are more appropriate to traumatic deaths. They all have web sites or central telephone numbers that can be contacted for local information.

The Compassionate Friends – for parents’ whose child has died of any cause.
MADD – Mothers Against Drunk Drivers offer support for parents who a drunk driver killed child
Widowed Persons Service – sponsored by AARP for spousal death
SOS – Survivors of Suicide support groups
POMC – Parents of Murdered Children and other victims of homicide.

These and many other groups may be listed at your county’s Victim Assistance Office usually located in the office of the District Attorney. Also, check with your local hospices or hospitals. They offer support groups that are open to the public. Some local churches may also host support groups. As you create your list, don’t try to keep up with the dates and times of group meetings as they change frequently. All you need is the name of the group, a telephone number, and possibly a contact person. Leave it to the survivors to take the responsibility to make the calls on their own behalf.

Wednesday, April 22, 2009

Custodian’s stress-disorder suit restored


Meghann M. Cuniff / Staff writer

A custodian who sued her school district after being forced to clean up the bloody scene of a student’s suicide had her lawsuit reinstated Tuesday by the Washington Court of Appeals.

Debbie Rothwell, who still works at Lakeside High School in Nine Mile Falls, suffers from post-traumatic stress disorder, according to a lawsuit filed in May 2007 by her lawyer, William Powell, of Spokane. The 16-year-old student shot himself in the head inside the school’s main entrance in 2004. The lawsuit was dismissed in January 2008 by Spokane County Superior Court Judge Greg Sypolt, who ruled the incident was covered by the Industrial Insurance Act.

But the Court of Appeals, in a 2-1 ruling, disagreed and reinstated the suit.

“There are people who do clean up the mess after one of these horrible murders or suicides happen,” Powell said Tuesday, referring to private professionals. “But the superintendent in this case chose not to do that. He should have known better.”

Along with former Superintendent Michael Green, now superintendent of the Woodland School District in Western Washington, the lawsuit names the Nine Miles Falls School District, Stevens County Sheriff Craig Thayer, two sheriff’s detectives and an unidentified man as defendants.

None was available for comment. Like most civil suits in Washington, the complaint seeks unspecified damages.

Rothwell’s complaints center around her task of cleaning up the suicide scene, then being asked to move a backpack she later learned belonged to the victim and contained a suspicious device that authorities detonated using a robot.

She stayed at work until after 4 a.m., cleaning the mess of blood, brain and bone alone, becoming “emotionally distraught and physically ill” before returning to the school less than four hours later at Green’s orders to serve cookies and coffee to grieving students and keep the media from the school, according to the suit.

At issue in the court decisions was whether Rothwell’s claim of post-traumatic stress disorder fell under the industrial injury act, which prohibits lawsuits based on industry injury or occupational disease.

Judges John A. Schultheis and Dennis J. Sweeney ruled it didn’t because it wasn’t the result of one work order. Her trauma grew over several days, according to their written opinion. Judge Teresa C. Kulik dissented.