Erin Maxwell, 11 years old starved raped and strangled

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Erin Maxwell's Death Certificate

The family members of an 11 year old girl who died a month ago say it must have been an accident. The family of Erin Maxwell spoke for the first time through their lawyer

At a news conference, the Maxwell family attorney released results of the death certificate which lists the cause of death as strangulation. It says sexual trauma was a contributing factor.

"The Maxwell family believes the medical examiner is in error," said lawyer Salvatore Lanza.

Erin died August 29th. She was found unresponsive in her home which police and animal cruelty investigators say was overrun with animals, including 120 cats.

From earlier:

These are statements made to the Oswego County Legislature's Health and Human Services Committee: From Oswego County Administrator Phillip Church:

I would like to take this opportunity to speak to the committee about the tragic death of Erin Maxwell. The death of a child is traumatic for everyone, and the Department of Social Services and all of County government share in the community’s concern, anger, and heartbreak over this tragedy. We understand the public’s frustration with the status of the current investigation, the circumstances surrounding Erin’s death, and the limited information DSS has been able to release so far.

I want the public to know that the County has taken three specific actions that will soon lead to the release of more information about Erin’s case, as well as a full independent review of DSS’s involvement with Erin.

First, I want to emphasize that Department of Social Services child protective investigation records are confidential from public disclosure. However, Social Services Law 422-a, known as Elisa’s Law of the Child Protective Services Reform Act of 1996, provides guidelines on the information that DSS can share in the event of a child’s death. Under Elisa’s Law, DSS is preparing a written report of the agency’s actions for the chief elected official of Oswego County, Legislature Chairman Legislature Barry Leemann. The report will be completed by mid-week, next week. It will contain further information of the Maxwell family’s involvement with DSS prior to the current investigation.

Specifically, the report will address the anonymous complaint that was made in March 2006 to the statewide central registry. DSS’s report will be made public after Legislature Chairman Leemann has received it. Second, DSS Commissioner Fran Lanigan asked the NYS Office of Children and Family Services, which is DSS’s oversight agency, to review all records relating to previous investigations involving Erin Maxwell. DSS was not required to ask for this review, but the Commissioner took this action in order to initiate an objective review of the steps DSS took in Erin’s case. The State Office of Children and Family Services always reviews cases where there has been a child’s death, however, it is done after the completion of the investigation. By the Commissioner’s request this process was put ahead of schedule.

The State has already begum their review. The State’s written report and recommendations will also be given to Legislature Chairman Barry Leemann, and will be a public document.

Third, the Commissioner has requested Cornell University staff to review and evaluate all DSS Child Protective Services processes, to make sure that cases are handled consistently according to New York State regulations and guidelines, and to identify strengths as well as opportunities for improvement. From Oswego County Social Services Commissioner Frances Lanigan

There are a few details in Erin’s 2006 case that I can share with you today:

DSS records show that its investigation began within 24 hours of receiving an anonymous report from the State’s central registry in March 2006. DSS cannot receive child abuse reports at its local Mexico office. DSS must receive all its child abuse referrals from the statewide central registry, located in Albany. People can report suspected abuse to the registry anonymously, or they may use their name. Unfortunately, when we receive an anonymous report, as we did in Erin’s case, we are unable to interview the potential witness who may be able to provide further important information.

Following DSS and State protocol, Erin’s safety and risk were assessed. An investigation was conducted, including initial and follow-up conversations with Erin. Erin was deemed to be safe… at the time the case was closed in May 2006. More than two years have passed, with no further child abuse or neglect reports that would lead DSS back to Erin’s house. As I have stated previously, there were no facts in any prior reports with the Maxwell family that could have predicted a homicide.

The death of a child is a tragedy that deeply affects all of the community. We understand that the public wants more information about how DSS was involved and what actions were taken. I assure you that information will be provided to Legislature Chairman Leemann and will be made public according to the process specified in Section 422-a of the NYS Social Services Law.

It is important to keep in mind that there are now two investigations underway: a DSS child fatality investigation, and the NYS Police and the District Attorney’s Office’s homicide investigation. We are dedicated toward helping bring the law enforcement investigation to a successful conclusion. For this reason, as difficult as the lack of information may be at times, we ask for the community’s and the news media’s patience until more details in Erin’s case can be responsibly released.

An attorney representing the interests of the Maxwell Family of Palermo issued a statement and released the girl's death certificate. This confirms the 11 year old was strangled and raped. That footage can be seen HERE

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Unlivable Conditions

The image of 11 year old Erin Maxwell's home is forever imbedded in Jackie Siver's mind. Trash piled shoulder high on the porch, and old cat feces scattered on the ground. She reported the Maxwell's to the Department of Social Services, but it was categorized as a "life-style change".

Siver says the Maxwell's were reported three times to D.S.S., and after all three investigations, Maxwell remained inside of the home. She's working with Senator John Defrancisco to create a new bill to help prevent another child from going through what Erin Maxwell went through. It would be called Erin's Law, and would toughen penalties for child endangerment laws.


It's been nearly one month since 11 year old Erin Maxwell was killed, and we're learning more about the terrible conditions inside the home, that once housed hundreds of animals, and is now condemmed. You can see a news report HERE

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Maxwell Family Believes 11-Year-Old’s Death Was Accidental, Lanza Says

FULTON, NY – A certificate of death confirms that 11-year-old Erin Maxwell died of asphyxia. What police are investigating as a homicide, the family believes was a tragic accident.

Representing the Maxwell family, attorney Salvatore Lanza distributed the death certificate prior to making a statement on the family’s behalf today (Friday) at the Fulton Municipal Building. Erin’s father, Lindsey Maxwell; her step-mother, Lynn Maxwell; and step-brother (biological son of Lynn Maxwell) Alan Jones attended the press conference.

The death certificate, which is signed by Onondaga County Medical Examiner Mary Jumbelic reads that the immediate cause of Erin’s death is asphyxia. The report also says that Jumbelic detected sexual trauma. Under a section that calls for a description of how the injury occurred, the report reads, “Assaulted by another.”

“The Maxwell family believes the medical examiner is in error as to the determination of homicide,” Lanza said. “They believe instead that Erin’s death is the result of accidental death.”

Lanza explained the events that took place Aug. 29. He said Lynn Maxwell went to work at 7:15 a.m. and that Erin spent the day with her father. She ate breakfast and lunch, watched movies and fed the animals in the barn with him.

At 4:20 p.m., Lynn Maxwell called her husband to see if he wanted to go to Wal-Mart in Granby. When the two of them left the home, Lynn Maxwell told Erin to clean her room and said Jones would feed her dinner.

“Alan was playing a video game on his laptop in the kitchen,” Lanza said. He noted that Jones has no criminal history, is well educated and has lived with his mother his entire life. He said he wears prescription glasses and has hearing loss for which he has had numerous surgeries.

Lanza said Jones later approached Erin’s bedroom to bring her dinner.

“Alan saw Erin from the doorway,” Lanza said. “It appeared as if she were standing… next to her bed. Alan went up to her and saw there was a green cord… wrapped around her neck.”

The cord was reportedly attached to a screw that was located at the top of her window frame. Lanza said the screw had been in the window frame since before the Maxwells moved into the home.

Lanza said Jones removed the cord and called 911. A 911 worker guided him through CPR and paramedics arrived almost instantly, he said.

At 5:35 p.m., Jones called to say Erin was hurt and that the ambulance was at their home. The Maxwells drove to Lee Memorial where the doctor said the child had been stabilized but that it “did not look good.”

“He thought (Erin) was brain dead,” he said.

The child was prepared for transport by helicopter to University Hospital. The Maxwells drove to Syracuse. Jones was at the state police barracks in Fulton.

Erin was pronounced dead at 4:20 a.m., Aug. 30. Lanza said the Maxwells were at her side when she died.

Lanza said Jones provided written statements for police both at the scene and at the Fulton barracks; and submitted to a polygraph test and provided a DNA sample at the North Syracuse barracks. Each time, he said Jones waived his right to an attorney and cooperated with police.

“Alan did this because he believes he has nothing to hide,” Lanza said.

Lanza noted that police had a problem with Jones’ demeanor after learning that Erin had died.

“He was informed that his step-sister was dead,” he said. “Alan was distraught… (Police) felt he was not distraught enough. They made commentary on his mannerisms. … That is how Alan has lived. It’s his character, his nature.”

Lanza said Jones was released after 12 hours of questioning at approximately 5:30 a.m. from the North Syracuse state police barracks.

Portions of Erin Maxwell's death certificate

“The Maxwell family does not believe Erin committed suicide. … Instead, the Maxwell family believes Erin’s death to be accidental,” Lanza said. Offering theories, Lanza said that Erin liked to jump on her bed. He also said she may have been “play acting” a scene from one of her favorite movies.

“They do not know,” he said.

“The state police have removed the window frame from the room,” Lanza said, noting that he believes the screw is being tested to see if it could support between 70-80 pounds.

Addressing the sexual trauma, Lanza said the family knows nothing about it. He said the police have Jones DNA and conducted a rape kit as part of the investigation.

“He tells me he is innocent,” Lanza stressed. “Erin was old enough… she bathed herself and dressed herself.”

Lanza pointed out that the child was in Nevada visiting family for more than a month over the summer and said the police should be looking to find “if something happened there.”

Lanza addressed several other points on the family’s behalf, including the condition of the Maxwell home on Route 264, the number of cats that were found at the residence, the amount of household garbage stored on the porch at the home and the reasons why Lindsey Maxwell has been seen wearing a costume that included a cape and a sword at his home.

Lanza said that Lynn Maxwell has been the sole supporter of the family and that Lindsey Maxwell and Alan Jones, 27, work odd jobs when they can find work. Neither was employed at the time of Erin’s death, he said.

“Lynn did the best she could to pay the bills,” Lanza said. “It was not enough money for general upkeep of the house.”

As the family fell behind, Lanza said they could not afford garbage removal and opted to store household trash on the porch. Approximately three months worth of trash was stored at the time of Erin’s death, he said. He stressed that all garbage was removed from the main living areas of the home.

As for the number of cats, Lanza explained that Maxwell family essentially has a soft heart for stray cats.

“The Maxwells took in as many stray cats as they could,” he said. “None were turned away.”

He stressed that while keeping up with the amount of feces was a challenge, it was not in piles between two to six feet as it has been reported. He noted that the family kept six litter boxes in the house that were cleaned out every day.

“The house did have a smell of cat feces and urine,” Lanza said. “The Maxwells did their best to keep the house clean.”

Lanza said the Maxwells believed the house was livable and pointed out that the Department of Social Services (DSS) seemingly agreed after two investigations. Lanza said that DSS made recommendations to the family when it was investigated and that the family complied with the instructions.

“There are no other excuses they can make, and they make none,” Lanza said. He noted that the family did not consider reaching out to DSS for help with its financial situation.

While the Maxwells' attorney defended the Department of Social Services, Palermo resident Steve Burdick brought a sign attacking the agency.

“It is (the Maxwells) belief that Oswego County Department of Social Services bears no responsibility in the death of their daughter,” he added.

Lanza noted, however, that the attorney for DSS requested Jones make another statement today and said that the office is considering bringing a neglect charge against the family in Oswego County Family Court.

Lanza said his client will not be making another statement and announced the family’s intent to fight any DSS charge.

“We appreciate what DSS has done,” Lanza said. “But if they think they are going to start an investigation now… we will bring a lawsuit in state and federal court against all parties involved if that happens.”

Lanza ended the press conference taking no questions, citing the ongoing investigation.

Full transcript of the press release can be read in this PDF document
LanzaTranscript.pdf

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State Police Investigate a Homicide

Oswego County animal shelters care for dozens of cats taken from home of 11-year-old Erin Maxwell, who died on Friday.

State Police in Fulton are investigating the death of a little girl in the Oswego County Town of Palermo. They're calling the death a homicide.

State Police say they responded to a medical call at a home at 1648 State Route 264 around 5:30pm on Friday. They say the victim, Erin Maxwell, 11, was badly injured. She was flown to University Hospital where she died.

Investigators were at the home over the weekend and when they stepped inside they found dozens of cats. Darlene Woolson with the Oswego County Animal Welfare League says they collected 67 cats. In addition, they found a dog and two snakes.She says the cats were dirty and some had fleas. But other than that, the cats are in good condition. But they can't be adopted just yet.

"Legally, they're not ours. They still belong to the family, so it would depend if she signs them over to us or if there's court action. We would have to take her to court," said Woolson.

Woolson says it's too soon to decide whether they'll take the owner to court to get custody of the animals. They were removed from the home because they were getting in the way of the investigation.

An autopsy has been completed but police won't say how Erin Maxwell died. They're asking anyone with information to call them at 782-2112.

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State Police Continue to Investigate a Homicide in Oswego County


An autopsy has been completed but they're not saying how 11-year-old Erin Maxwell of Palermo died.

State Police still have not released the cause of death in the case of 11-year-old Erin Maxwell but they are saying a little more about the investigation. The 911 call said it was a suicide, but state police say they're investigating the death of the Palermo girl as a homicide.

"I can't comment on suspects or not at this time. I still can tell you that we are investigating the matter and I can tell you that the residents in Palermo do not need to be concerned for their safety," said State Police Captain Mark Lincoln.

Lincoln says Erin Maxwell was badly injured and died on Friday but won't say how she was injured. There were dozens of cats in the home and Lincoln says the conditions were deplorable but it had nothing to do with her death. Erin Maxwell lived with her father, stepmom and step brother in the home on State Route 264.

"There have been some interviews that have taken place between the police and family members, I am going to stop short of being able to say it's been cooperative or not," said Lincoln.

Lincoln says they're doing background checks on the family and want to know what Erin was doing in the hours and days that led up to her death.

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New York State Investigates Maxwell's Social Service Case

New York State is reviewing how the Oswego County Social Services Department handled the Erin Maxwell case.


Oswego County Social Services has requested a state review of all records relating to Erin Maxwell. She's the 11-year-old Palermo girl, who was fatally injured in her house last month.

Department of Social Services had investigated the home several times before, but the agency was satisfied that the parents took all steps to rectify the situation. Meanwhile, several residents have been expressing frustration with the situation. Jackie Siver had called D.S.S.

"That if I reported exactly what I saw, and what I smelled and what I knew that there's no way they wouldn't investigate and they would leave her there. And they did investigate and they did go to her home and they called me to tell me that it was considered a life style choice," said Siver.

D.S.S Commissioner Frances Lanigan says her department continues to work with state police. The little girl's cause of death is still not public.

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Local Leaders Push for "Erin's Law"


State Senator John DeFrancisco along with state senate candidate Dave Renzi unveiled legislation that will hand out harsher punishment to those convicted of crimes against children.

Erin's Law is named after Erin Maxwell. The 11-year-old girl who died from injuries sustained in her Palermo home last month.

Oswego County's Department of Social Services had investigated the case two years but found there to be no immediate harm to the child. Senator John DeFrancisco along with Senate candidate Dave Renzi are calling for reform.

"What David had suggested to me was possibly getting that case law and writing more specifically what the standards are including unsanitary conditions which clearly were reported on several occasions in this particular case," said DeFrancisco.

The law would also require the state to record all child abuse hotline calls. But is this all premature, considering that the state has yet to complete its review of DSS. Jackie Siver, who had reported the neglect says no.

"We can't save her life at this point but we owe her something, we owe this to her to save other children and make sure that nobody goes through this again, " said Siver

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Oswego County Social Services Comment on Erin Maxwell's Case


Oswego County Social Services is asking for the public's patience while it reviews the Erin Maxwell case, the little girl who died inside her home last month.


Oswego County Social Services is finally talking, after the death of a child whom it had once investigated. 11-year-old Erin Maxwell was fatally injured inside her Palermo home last month. The tragic event has caused public outcry, which D.S.S Commissioner Frances Lanigan understands.

"We're dedicated to our helping in bringing the law enforcement investigation to a successful conclusion. For this reason, as difficulty of lack of information may be at times, we ask for the community and news media's patience until more details in Erin's case can be responsibly released," said Lanigan.

D.S.S. is reviewing the case and will present its findings to county lawmakers in a couple weeks. The state is also reviewing the case while police continue to investigate the homicide. They tell WSYR today, there are no further updates.

Commissioner Frances Lanigan's statement in it's entirety:


"There are a few details in Erin’s 2006 case that I can share with you today:


DSS records show that its investigation began within 24 hours of receiving an anonymous report from the state’s central registry in March 2006. DSS cannot receive child abuse reports at its local Mexico office. DSS must receive all its child abuse referrals from the statewide central registry, located in Albany. People can report suspected abuse to the registry anonymously, or they may use their name.
Unfortunately, when we receive an anonymous report, as we did in Erin’s case, we are unable to interview the potential witness who may be able to provide further important information.

Following DSS and state protocol, Erin’s safety and risk were assessed. An investigation was conducted, including initial and follow-up conversations with Erin. Erin was deemed to be safe, at the time the case was closed in May 2006. More than two years have passed, with no further child abuse or neglect reports that would lead DSS back to Erin’s house.

As I have stated previously, there were no facts in any prior reports with the Maxwell family that could have predicted a homicide. The death of a child is a tragedy that deeply affects all of the community. We understand that the public wants more information about how DSS was involved and what actions were taken. I assure you that information will be provided to Legislature Chairman Leemann and will be made public according to the process specified in Section 422-a of the NYS Social Services Law.

It is important to keep in mind that there are now two investigations under way: a DSS child fatality investigation, and the NYS Police and the District Attorney’s Office’s homicide investigation. We are dedicated toward helping bring the law enforcement investigation to a successful conclusion. For this reason, as difficult as the lack of information may be at times, we ask for the community’s and the news media’s patience until more details in Erin’s case can be responsibly released."

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How was the Erin Maxwell Case Handled?


The Oswego County Department of Social Services has released its report on its investigation, and neighbors have their say.


Oswego County Social Services Commissioner Francis Lanigan says she stands by the case workers who investigated Erin Maxwell's home.


A report detailing their three visits has been made public. The Commissioner admits the Palermo home was dirty, but not dirty enough to warrant the 11-year-old's removal.

State Police investigating the death have called it a homicide, and their immediate reaction labeled the condition of the home as "deplorable." Inside police say they found piles of animal feces, garbage, 100 aggressive, biting cats, and other animals, including an emu.

Lanigan says that wasn't the case between 2003 and 2006 when they were in the home, or she would have been taken away from her father and step-mother.

Jackie Siver's daughter was friends with Erin, and lives nearby the home. She says she is dissatisfied with the report. She also alleges when she called she gave her name and address, but the report lists her complaint as having been anonymous. She's now pushing for a state law proposed by Senator John DeFrancisco.

Erin's Law would create a statewide child abuse hot-line, increase penalties for child endangerment and strengthen coordination between police and case workers.

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Arrests Made in Erin Maxwell Case

State Police have arrested Erin Maxwell's step-brother on murder charges and her step-mother and natural father on child endangerment charges


State Police offering few details as they make arrests in the highly publicized death of Erin Maxwell. The 11-year-old was found strangled in her Palermo home this past August. State police say Erin Maxwell died from injuries suffered at the hands of her 27-year-old stepbrother.

"Alan Jones was arraigned upon an indictment charging him with murder in the second degree for having caused the death of Erin Maxwell," said Oswego County District Attonery Donald Dodd.

Dodd says Erin's father, Lindsey Maxwell and her stepmother Lynn Maxwell, now face six counts of child endangerment.

"It identifies different forms of conduct over a series of months that support endangering her welfare," said Dodd.

The Maxwells have pleaded not guilty during arraignment. Jones continues his arraignment Wednesday. Family members submitted DNA evidence after Maxwell's autopsy showed sings of sexual trauma but none of the court documents address that. Police say there are no others suspects at this time.
The Maxwell family attorney says he's upset and irritated the way this all played out.

Salvatore Lanza says he wasn't notified that his clients were being arrested and he found out through the media. Lanza also says state police and the district attorney have a weak case.

"I think that the district attorney, excuse me, the state police and district attorney's officer were pressed into filing charges here because of all the media, publicity that's heard in this case. They got to come out with something and this is it," said Lanza.

As for the charges against the father and the step-mother, Lanza says State Police and the DA are just trying to cover their tails because of all the community outrage over the conditions in the home and they had to charge them with something in order to make the community happy. Lanza also says there's been so much attention surrounding this case, he might ask to have it moved to a difference county.