8/13 /02

mandated reporter indicates that a child XXXXXXX XXXX (x/8/xxxx) may have been at risk of sexual abuse.  The child attends the Day Care Center.  The child told his parents that he was touched inappropriately by his teacher, Frank Garcia     There is a SAIN Team scheduled for 8/14/03

8/14/02 02:00PM

SW (Thomas W. Hilse) attends scheduled SAIN team interview for XXXXXXX XXXXX. age 7 at N. Central AO present were interview Lisa Cotter and ADA Anthony Marrotta from Worcester County DA'S office reporter and OCCS investigator Fernando Lazu

SW spoke briefly with interviewer prior to parents XXXXXXX's arrival to attempt to ascertain how XXXXXXX's disclosure came about. Ms Cotter state that her information is that XXXXXXX' and mother were driving past Piccolo Mondo and XXXXXXX' said "I'm glad I don't have to for there anymore"  she states that when Mother asked XXXXXXX' why, his response was that a teacher named Frank had touched his penis and butt.

SW greeted parents XXXXXX an XX XXXX and their son XXXXXXX' when they arrived at the AO. Father states that XXXXXXX' has not attended Picollo Mondo for a few years as he only attended Kindergarten at his Program.  Father states that he believes that Frank Garcia started working at this DC about halfway through the school year.  Parents report that XXXXXXX' began to have significant sleep difficulties/nightmares which are all documented by his pediatrician.  XXXXXXX' became resistant to going to school as well.  Mother stated that XXXXXXX' told her that Frank touched his "wee", his butt and played with his feet.  Father states that XXXXXXX' told him that he had seen Frank playing with other kids feet.  both parents stated that there were numerous occasions when they arrived to pick up XXXXXXX' and found that he had both his shoe and his socks off. XXXXXXX' presented as an extremely bright, articulate engaging young man who seemed to quickly develop a comfortable rapport with interview.

XXXXXXX' easily and correctly provided identifying information about himself (names, DOB, grade, address) and his family (naming Mom, Dad older brother, 2 cats and a dog) when asked what he thought the truth meant, his response was "to be honest" He easily demonstrate the ability to demonstrate between truth/lie and he was able to identify good touches and bad touches. XXXXXXX' acknowledged that he was here today because "a guy at Picollo Mondo was not doing what he was suppose to do" and was "doing things that were wrong to do" XXXXXXX' stated that he attended Kindergarten  at Piccolo Mondo that he was "5 or 6" when he attended this program and that he was now 8. When asked where Picollo Mondo was his response was "next to the Searstown Mall in Leominster" He ID'd "the guy" AS "Frank" and stated that he did not know Frank's last name.  He was able to indicate that Frank was a teacher and that her was "trying to keep us sage but he wasn't keeping us safe" when asked what Frank taught, his response was "having fun" when asked what it was that  Frank did that wasn't safe. XXXXXXX' response was "playing with my feet" He "thinks" Frank used two hands.  When asked what Frank did whit this feet XXXXXXX' response was Frank was "shaking them around" When asked where this had occurred his response was in the corner' of Franks classroom.  He was able to state that he "thinks" his shoes were off but that his shocks were on. When asked what corner of the room he was referring to XXXXXXX' response was the corner over there" When asked who else was there, his initial response was "I forgot" Interviewer than asked if anyone else were there at the time and XXXXXXX' response was "my friends, xxxx(sp), XXX XXXXXXXXX(sp) xxxxx/xxxxx? and Micheal.  when asked if Frank played with his feet on time or more than one time his response was "one time" When asked if Frank played with his feet one day or more than one day, his response was "more than one day"  when asked if either he or Frank said anything to each other when Frank was playing with his feet, his response to both inquires was "I forgot and "I don't remember"  XXXXXXX' was able to indicate that Frank and Mrs. King share a classroom.  He stated that there were toys, arts/crafts, computers, tables and chairs in the room.  XXXXXXX' indicated that he "thinks" he was sitting on the floor while Frank was playing with his feel and he "thinks" Frank was sitting. "I mean kneeling" on the floor.  He stated that Frank was facing him.  When asked if Frank touched him in any other was that he did not like, his response was that he "thinks" Frank on the butt, that he "thinks" this too occurred in the corner an that he "thinks" Frank touched him under his clothes with his hands adding "I don't know if he touched me but maybe' and he added that he "thinks he did because other people were there: XXXXXXX  stated that he "thinks" Frank touched his butt on the same day that he played with his feet. XXXXXXX stated that Frank touched him on the butt "one time" When the interviewer then recapped with XXXXXXX and stated "you said Frank touched you under your cloths'. XXXXXXX response was NOT UNDER I HAD MY CLOTHS ON When asked what Frank did xxxxx response was "just touched me and I didn't like it" When asked if Frank touched him on any other part of his body, XXXXXXX response was "I just don't remember" when asked if there were any other areas on his body that were not OK for a person to touch, XXXXXXX response was "my wiener" and the back of my neck." he then correctly located his "wiener" on the front of his body and between his legs. XXXXXXX then spontaneously offered that he was "scared to go to  Piccolo Mondo because he was there" When asked why he was scared, XXXXXXX response was that he "didn't like touching were I don't like it" when asked if Frank touched him anywhere else on his body, XXXXXXX response was "no" He denied that he ever played on the computer with Frank, adding that they each took turns on the computer. When asked if Frank ever gave him anything, his response was "candy" and he believed it was "chocolate" when asked if he remembered telling his DAD that Frank had touched his wiener, XXXXXXX bowed his head, covered his face an said that "he didn't touch his wiener".....................................................XXXXXXX  stated that the last time he saw Frank was at Picollo Mondo. He denied that Frank ever showed him any pictures, videos, etc. that made him feel uncomfortable.  XXXXXXX denied that he had eve seen Frank playing with any other the other children's feet or touching them in any manner that he shouldn't when asked if his feet ever touched Franks body his response was "no" I just don't remember. He stated that he told his DAD that he "thinks" Frank touched him on the butt and played wit his feet and he sheepishly responded that he "didn't touch my wiener"

8/22/02

Laura Brody 11:00am

c/t the XXXX home to follow up on SAIN interview conducted on 8-14-03. this supervisor spoke with XXXXXXXX XXXX, mother of XXXXXXX  Ms XXXX reported that since the SAIN interview XXXXXXX  had spoken a little more about Frank, stating that he had grabbed his butt and not just touched it.  she state that as XXXXXXX spoke to her about the incident, he closed his eyes ands seemed to be visually recalling the set up of the room.  He pointed in one direction, remembering that the computer was in that corner and then pointed to the other direction stating that it was the book corner, an that was when he squeezed his bum.  Ms XXX stated that she was able to narrow to time frames down with him by using holiday s references ad determined that if occurred sometime between February an April 2000.  she also recalled that around Feb 2000 XXXXXXX  became increasing resistant to going o school.  He was crying at night and experienced nightmares.  The XXXX spoke to his pediatrician Dr Dean Morrell and they may have notes in his record.   XXXXXXX attended the afternoon hours on various days but he not like the being there in the afternoon.  she was overall not satisfied with the Picollo Mondo experience. When XXXXXXX was having difficulties they wanted him referred for special education evaluation. They also wanted to place him in T1 class, which is a transition program rather than graduating him .

 XXXXXXX  has since been in public school and has been doing fine.  She estimated that Maria was in the facility about 50% of the time, recalling that she would see her in the community picking up her own daughter at school during the day.  Ms XXXXX did not recall anything specific to abuse that she did not like about Frank, but she did feel that Frank's classroom lacked  structure and there was too much activity in the room.  This sup. discussed with her the possibility that DSS may want to interview XXXXXXX  again. to which she agreed. She stated she can be reached anytime at work. 

Case ID 3371521

08/27/02 11:23

Laura Brody

The following is a series of e-mails correspondence between OCCS inv. Lazu and DSS, which was conducted during investigation ''xxxx xxxx also disclosed that the informed Karen Crumbley of an incident where Frank Garcia asked him to show him his penis. Karen asked xxxx if he showed it to him and he said no.  Karen is to have told him if Frank asked him to show it to him again, not to do it.  We have no time frame on this and we don't know if she reported it to Maria Cupo

(Maria was removed from her position for not filing a 51A within hours of being presented with limited material inconclusive to make a 'reasonable" determination of abuse)  Laura Brody never files 51A.

Intake Id 2348993

09/26/02 11:12 am   Maxine O. Maynard

Investigator Fernando Lazu of the office of child care services called to file a 51A on behalf of child xxx xxx (6) in reference to Karen Crumbley, staff member of the Piccolo Mondo Daycare Facility in Leominster.

xxx mother Faith xxxx stated that her son informed Karen Crumbley between the time period of September 2001-May 2002, that staff, Frank Garcia had asked to "see his Penis" Karen Crumbley did not report the incident and as a result Frank Garcia Sexually abused more children at the center.

Karen was interviewed and he reports that xxxx has no history of lying or having sexual issues. xxx is very credible and there is no known history of child falsifying or making up stories.

The report notes that Karen Crumbley has provided child care services for xxx xxx for three and half years at the center.  They had an amicable relationship.

there is a current investigation with Jen M @SIU  (case ID # 3371521 was closed)

Approver                  Title                        Actual approver             Date

Scott Scholefield     Director SIU          Laura D. Brody           09/27/02

Laura D. Brody       Supervisor             Laura D. Brody           09/20/02

(SIU Sup. L Brody) this Sup. received call from reporter today, stating that R had met with Karen Crumbley to address the issue this morning, an she neither admitted nor denied the allegations. She "talked around them"

Allegations for neglect remain screened in, as there are concerns that the staff member had information about the sexual abuse and did not report it.

Approver                Title                   Actual approver    Date

Scott Scholefield     Director SIU     Laura D. Brody           09/27/02

Michelle Mainguy    Supervisor        Michelle A. Mainguy    09/26/02

10/07/03

SW sits in on  reporter interview of Fxxxx xxxx at OCCS headquarter in Westboro. OCCS regional sup Janice Taranto also present during interview.

.......with regards to the disclosure in this 51A, Faith states that she was driving xxx home from a visit with his Dad on 8/26.(OCCS Lazu notes incident on 8/27to DSS Laura Brody) she pointed out that she had followed everyone's instructions and refrained from talking to asking xxx about what may have happened to him at Piccolo. she added that she had not talked to xxx at all about this since he had a sexual abuse evaluation in mid-June.  OCCS Sup. Taranto interjected that xxx had been taken out of this program on 6-4. Fxxxx state that xxx had an xxxxxx. Fxxxx stated that she reminded xxxxx of the appointment and xxx asked her what he and ANTHONY were going to talk about.  Faith stated that her response to xxx was that he would be talking to ANTHONY MAROTTA from the Worcester DA's office about "Frank"  She stated that xxx told her that he had something else to tell her about Frank and proceeded to tell her that Frank had asked to see his privates. that he told Frank "no" and that his occurred "behind the bookcase next to the chalkboard." Fxxxx stated that xxx told her that he told Karen Crumbley about this incident when she (Karen) came to pick him up and take him home. Fxxxx stated that xxx told her that Karen's response was that it was good that you told Frank no." Fxxxx denies that Karen ever told her about the disclosure. She added that xxx told her that he told Karen the day the this incident occurred. She felt it was definitely something that xxx would have told Karen..........xxx did not make this disclosure prior to 8/26 

Investigation Conclusion:

However without an opportunity to interview xxxx. SW feels that, given the absence of any specific information to establish when this incident occurred/when he allegedly told Karen, that there is not reasonable cause to believe that Karen Crumbley was neglectful of xxx SW recommends that the allegation of neglect of xx xxx by Piccolo Mondo staff member/his former babysitter, Karen Crumbley, be unsupported.10-17-02