Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Tue Wed Thu Fri Sat Sun Mon

sponsored by
News


Dead toddler's family nearly lost custody because of abuse, neglect

The family of a toddler who was found dead Tuesday morning in a downtown Las Vegas home had two prior complaints of abuse and neglect substantiated against them, and authorities said that at one point they were trying to clear the way for the boy and his siblings to be adopted by a foster family.

Because the father of the children improved their living conditions, however, authorities determined that they should remain with him, court and department of family services officials said.


Most Popular Stories
  • Three suspects arrested in shooting death of police officer
  • Three suspects arrested in shooting death of police officer
  • FATAL SHOOTING: Police again mourn comrade
  • NORM: Biden finds rank has its privileges
  • Corrections officer dies in collision on U.S. 95
  • Two suspects in officer's slaying could face death penalty
  • Two of three suspects in slaying of officer could face death penalty
  • DEADLY HOME INVASION: Police suspect link to family
  • U.S. HIGHWAY 95 CRASH: Longtime LV officer mourned
  • ANOTHER SOMBER DAY: Fourth officer in short span dies
  • NORM: 'Girls Gone Wild' creator feels heat




  • It's a case that highlights the complexities of the child welfare and court systems.

    Police found Zander Martino, who would have turned 3 in October, dead in his father Richard "Todd" Martino's home in the 200 block of Hoover Avenue, near Bonneville Avenue and Main Street, about 8:30 a.m.

    The Metropolitan Police Department's abuse and neglect unit is investigating, but Lisa Teele, the unit's supervisor, said Wednesday that it was too early to say whether charges would be filed in the case.

    The Clark County Coroner's office completed Zander's autopsy Wednesday, but officials there said they would not make a final determination about the cause of the boy's death and whether it was a homicide until toxicology tests are completed.

    The county first pulled Zander and his two siblings out of their home in December 2004 because of allegations that Zander had been abused, said family court Judge Gerald Hardcastle. Authorities later determined that the boy had been abused, but they couldn't determine exactly who was responsible for his injuries.

    In October 2005, authorities filed a "termination of parental rights" petition because "no one was taking responsibility for the injuries to the child," Hardcastle said.

    During an April 2006 hearing in family court to consider whether the parental rights should be terminated, however, Zander's mother confessed to being responsible for the boy's injuries, Hardcastle said. It was learned during the hearing that Martino was at work when Zander was abused, officials said.

    The county then moved to put the children back into the care of Martino, who had separated from Zander's mother.

    Typically, a parent must comply with a "case plan" before regaining custody of a child. The plans often include taking classes to improve parenting skills and improving the suitability of a home for a child, by keeping it cleaner and making it safer for children, for example.

    Christine Skorupski, spokeswoman for the department of family services, said family reunification is the goal when it's appropriate.

    Removing children from a home "can be a traumatic experience. We try to keep families together," she said.

    In May 2006, however, family services caseworkers substantiated a complaint of neglect in the Martino household, Skorupski said.

    Martino's attorney, Gregory Mills, wouldn't go into detail about that complaint, except to say it wasn't related to physical abuse.

    Last April, the children were placed back into Martino's custody. Hardcastle said county officials stated that the family was doing well and that Martino was remarried.

    The county planned to monitor the family's case for an additional four months and, if everything went well, close the case, Hardcastle said.

    About two months later, on June 7, the county filed a report noting caseworker concern "about conditions inside the home," said a source familiar with the investigation. The concern wasn't serious enough for the children to be removed from Martino's home, the source said.

    But on June 19, county workers did take that action after they found suspicious bruises on Zander, authorities said.

    The children went before Family Court Hearing Master Frank Sullivan, Hardcastle said.

    The county on Tuesday incorrectly stated that the case had gone before Family Court Hearing Master David Gibson Sr.

    Hardcastle, who reviewed the case, said Sullivan returned the children to the family because Zander's injuries were determined to be the type of injuries a child gets from an accidental fall. The source said the injuries occurred when Zander fell from either a crib or off a toilet.

    Hardcastle said another reason Sullivan ruled in Martino's favor was that authorities hadn't filed a petition asking the court to keep the children in protective custody.

    Skorupski said the family's caseworkers recommended to the court that the children be reunited with their father.

    Mills said that because the June 19 injuries to Zander weren't caused by abuse and the parents had cleaned the house, "everyone was in agreement that the children could go home."

    Sullivan wouldn't comment in detail about his decision to return the children.

    "I accept full responsibility for every decision I make in this case and every other case," Sullivan said Wednesday.

    Less than two weeks after Sullivan ordered the children back into Martino's custody, Zander was discovered dead in the home.

    Hardcastle said officials wouldn't have knowingly placed the child back into a dangerous situation.

    "These are tough cases and they're tough calls," he said. "Whenever they turn out badly, it affects us all."

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 14 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    b wrote on July 23, 2007 03:11 PM: This story is a perfect example of the system goes wrong. more than half of all foster parents homes are also investigated each year for abuse also. this might explain why the kids were sent back to dad. or could be just a misjudgment by the judge.. but if you look at most foster cases there are so many mistakes both by county foster parenting program and the judge and the parents no one person is to blame the system let this kid and millions like him every year down. fix it. before we loose more.


    j wrote on July 23, 2007 03:01 PM: this story is horrible and yes the dad should pay..but there needs to be more of an investigation of why there mom took the blame for the abuse when obviously it was the dad, and why were the foster parents not allowed to adopt... there are to many questions here left to be answered. look hard at the entire pic there is more here than meets the eye


    the boogy man wrote on July 19, 2007 12:46 AM: Todd is a great father he NEVER hits his kids, He just beats them to death with a hammer.


    me wrote on July 18, 2007 10:14 PM: Think about it, James.
    DEATH IS THE ULTIMATE FAMILY SEPARATER.

    Oh, and when you have time, try reading the warrant to find
    "The overwhelming reasons the family should not be together..."

    http://news.eyewitnessnews8.com/i-team/toddler_death_warrant.pdf


    anon wrote on July 18, 2007 07:21 PM: James -
    Please dont call people stupid when you obviously do not know who the people are here posting.

    I, for one, happen to know this poor baby, his siblings, AND the situation!


    Concerned Cousin wrote on July 18, 2007 12:10 PM: I'm family and know for a fact that dad is a jackass. Biological mom was afraid of dad and young, powerless and alone how could she fight what seemed to be the world.


    JAMES wrote on July 18, 2007 12:09 PM: WELL! IT SEEMS TO BE PRETTY EASY TO
    SPECULATE & PLACE BLAME WHEN THE EVIDENCE IS SO VAGUE, NOTHING TO SHOW
    THAT TODD IS NOT A LOVING FATHER OR THAT HE WAS BEATING ON HIS KIDS. YOU PEOPLE ARE AS BAD AS THE COURTS, WANTING TO TEAR FAMILIES APART BECAUSE YOU THINK YOU KNOW BEST. THIS IS A TRAGIDY & THE FAMILY SOULD BE TOGETHER
    UNLESS THERE"S OVERWELMING REASONS NOT TO BE.AS FOR MY VERDICT I THINK I"LL WAIT FOR FORENSIC EVIDENCE BEFORE I POST MY SUPIDITY


    ha wrote on July 16, 2007 09:09 PM: NA must be LuLu ...


    anon wrote on July 16, 2007 09:06 PM: Any new updates on this?


    N/a wrote on July 16, 2007 09:04 AM: So now what is happening to the Dad now!! The mother is just as to blame she gave the kids back to the dad by saying she did it. They both should go to jail. One for lying and the other for the murder of the boy. Oh yea the new girl not out either She in on it also jail for her too.


    Read All Comments