Custodial dad LINDSEY MAXWELL, along with the stepmother, are accused of having "deplorable" living conditions. Dad's 11-year-old daughter was murdered last year--allegedly by the stepbrother. The girl was also sexually abused. At the Syracuse.com website below, there is a big archive of articles related to this case, including stuff related to the usual DSS incompetence and missed opportunities. But not a word on what happened to this girl's mother, or how Dad got custody.
http://www.syracuse.com/news/index.ssf/2009/07/erin_maxwells_father_and_stepm.html
Erin Maxwell's father, stepmother on trial tonight in Oswego County: Here's what the case is about
by Debra J. Groom / The Post-Standard
Tuesday July 28, 2009, 8:30 AM
One of the most-watched trials in the area this year begins today in Palermo -- a town of 3,600 people in rural Oswego County tucked between Mexico and Fulton.
Erin Maxwell's father and stepmother go on trial for what police called the "deplorable" living conditions in which the 11-year-old girl had to live. She was killed a year ago this month by asphyxiation. Investigators found she also had been sexually abused.
The trial is unusual in several ways. It's a jury trial in a small town court. It will be held at night. It won't happen in a formal courtroom. Folding tables will be put out for the prosecutor and defense and folding chairs set up for the public. The jury deliberates in a nearby town office.
The case has drawn much public attention because of reports that Erin Maxwell was sexually abused, lived in squalor and that Oswego County child protective workers investigated three separate complaints about how the girl was treated in the years leading up to her death.
In September, Erin's stepbrother Alan Jones goes on trial on murder charges.
Here's a preview of the trial of Erin's father and stepmother:
THE PLAYERS
Lindsey Maxwell, Erin's father.
Lynn Maxwell, Lindsey's wife and Erin's stepmother.
Salvatore Lanza, Fulton-based lawyer representing the Maxwells.
Mark Moody, Oswego County assistant district attorney prosecuting the case.
Robert Wood, Palermo town justice,
THE CHARGES
Lindsey and Lynn Maxwell face six counts each of endangering the welfare of a child, all misdemeanors.T
HE TIMING
The trial begins today with jury selection; it is expected to last about two weeks. Court hours are 7 to 11 p.m. daily.
THE ACCUSATIONS
Police say the Maxwells forced 11-year-old Erin to live in deplorable conditions. Police found rotting garbage inside the house, several dozen cats, kitten carcasses in the freezer. Erin had no playmates and often was locked in her room by 6 p.m., police said. Relatives and teachers said her clothes often reeked of cat urine.
THE PENALTY
If convicted, the Maxwells could face up to one year in jail.
THE COURTROOM
The trial will take place in Palermo Town Hall on county Route 35. The main room doubles as a courtroom for town court and meeting room for the town board. It holds about 40 folding chairs for visitors. The town justice sits at one end of the room on a raised bench table.
THE PREPARATION
The town justice says additional seats or security are not planned. Audio recording and video and still photography are prohibited.
THE JURY
The panel will consist of six people who live in Palermo and/or the adjoining town of Volney. Town court trials are relatively rare, but not unheard of. Town Justice Wood said he recently tried one for a man accused of setting illegal traps. The one-night trial ended in a conviction; the defendant was fine $300.
THE JUDGE
Wood, 51, has been a town justice for 11 years. He was appointed in 1998 to fill an unexpired term. His day job is as a loss prevention specialist (in charge of eliminating shoplifting) for Price Chopper supermarkets. Wood took criminal justice courses at Onondaga Community College.
WHAT'S NEXT?
The trial of Alan Jones -- Erin Maxwell's stepbrother and Lynn Maxwell's son -- is scheduled to begin Sept. 8. Jones is charged with murdering Erin on Aug. 30. That trial will be in Oswego County Court.