Mother’s care was spotty, case manager says in murder trial

Blog authors note:
CPS really failed this little child but of course, they are not on trial for murder as is the mother. CPS should be just as accountable as the mother and charged with murder beause CPS aided and abetted the death by not doing their job!
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WINFIELD, W.Va. -- A case manager with Child Protective Services relied on the mother of a 3-year-old girl with cystic fibrosis to say whether the child consistently received medication and went to doctors' appointments, a Putnam County jury heard Tuesday.

Testimony continued Tuesday during the trial of Tracy Wright, 28, of Hurricane, who is accused of neglecting the medical condition of her daughter, Ashley, which allegedly resulted in her death.

Wright is charged with murder of a child by a parent, guardian or custodian by refusal or failure to supply necessities and child neglect resulting in death.

Jurors heard about two hours of testimony Tuesday from Gail Noullette, a case manager with the state Department of Health and Human Resources. Noullette relied on Wright to know whether Ashley had received her prescribed medications and attended doctors' appointments, she said.

Wright had told her in April that she was "giving [medicine] to Ashley here and there," but "wasn't being consistent," Noullette said.

Noullette said based on what Wright was telling her -- and Ashley's condition -- there wasn't imminent danger and therefore the child wasn't removed from Wright's care.

In September 2010, when Noullette spoke to Ashley's cystic fibrosis doctor, she said he informed her that Wright hadn't been giving her daughter proper medical treatment, and that Ashley's prescriptions hadn't been filled in the past nine months.

Assistant prosecutor Steve Connolly said Ashley was supposed to receive the medication four times a day, and that in September 2010 she had had only 60 pills since May.

"That would be two weeks' worth over the course of 4 1/2 months," Connolly said.

On Nov. 17, 2010, Noullette said, Ashley visited the cystic fibrosis clinic for the first time since February, and that her doctor said her condition was deteriorating.

A day later, Noullette said, she filed a nonemergency petition with the court.

"We had to do something because she wasn't making progress," Noullette said.

Wright's attorney, David Moye, questioned why Noullette didn't take action sooner if they knew that Ashley wasn't getting her medicine as far back as March.

Through numerous reports written by Noullette, Moye tried to exhibit a pattern showing that officials knew Ashley wasn't getting her medication as prescribed.

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