Sunday, February 5, 2012

Mom files lawsuit against state for death of 5-year-old daughter; custodial dad charged with negligent homicide (Shreveport, Louisiana)

We've posted on this case several times over the past year. What is not discussed in much detail here is the extensive evidence of corruption/incompetence in this case. Nor is it mentioned that custodial dad WESLEY LOWE had a history of domestic violence.

For more information, see this post here:

http://dastardlydads.blogspot.com/2011/02/death-of-child-at-hands-of-father-step.html

http://www.shreveporttimes.com/article/20120204/SPECIALPROJECTS12/202040321/Lawsuit-seeks-hold-state-others-accountable-child-s-death?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

Lawsuit seeks to hold state, others accountable in child's death
11:48 PM, Feb. 3, 2012

Written by Alison Bath


The mother of a 5-year-old girl who died last year while under the supervision of the Louisiana Department of Children & Family Services says her lawsuit seeking unspecified damages against the agency isn't about money.

Jamie Mercer hopes the lawsuit will bring to light the negligent actions of the DCFS and other agencies she says caused the death of her daughter, Celeste Lowe, said Charles Kincade, Mercer's Monroe-area attorney.

"Given (Mercer's) loss, she could never be made whole," Kincade said. "She is just trying to hold the responsible parties accountable."

Celeste died Jan. 13, 2011, from internal injuries after her father, Wesley Lowe, and stepmother, Catherine Lowe, brought her to a Shreveport hospital. Doctors determined Celeste had been dead for hours and her battered body showed signs of abuse. Among the injuries an autopsy later would find: Celeste's intestines had been ripped away from her stomach.

Sheriff's detectives arrested Wesley and Catherine Lowe, charging each with negligent homicide. Charges against Catherine Lowe were upgraded to first-degree murder but dropped to second-degree murder in October. She remains in jail with a May trial date. Wesley Lowe is scheduled for trial Feb. 13.

Mercer's lawsuit, filed last month in Bossier Parish, also names the Bossier Parish Sheriff, Louisiana Attorney General Buddy Caldwell and the Louisiana Office of Risk Management. It also includes Wesley and Catherine Lowe.

In the filing, Mercer contends the DCFS gave "de facto" custody of Celeste to her father in September 2011 after he said Mercer was sexually abusing Celeste. The department did not adequately or expeditiously investigate the complaint, which Mercer says was false. As a result, the case languished for months while Celeste was left in the care of her father and stepmother, who had not been appropriately screened by the agency, the filing says.

DCFS spokesman Trey Williams would not directly respond to those and other allegations set forth in Mercer's lawsuit.

"State law prohibits us from speaking publicly regarding child abuse investigations and it is the policy of DCFS not to comment on pending litigation, but will wait until the appropriate time in court to relay the facts around this case," Williams said.

Mercer also says that Bossier Sheriff's Office Detective Debra McKay did not appropriately investigate a December 2011 complaint of suspected child abuse involving Celeste. McKay only talked to Wesley Lowe and an unnamed DCFS worker, who blamed Mercer. McKay did not talk to Celeste or to Mercer, who had not seen the child since October of that year, according to the filing.

Citing concerns about allowing the "legal process to take its course," the Bossier Sheriff's office would not comment directly on the lawsuit.

"Our ultimate objective for this matter is that justice prevail for young Anna Celeste," said spokesman Lt. Bill Davis. "Therefore, our response must be severely limited during the adjudication process."