By Andrew Amelinckx
Appeared in The Register-Star, October 27, 2007
On Aug. 10, 2004 Boyd Heslop Jr., was murdered. He was six weeks old when he was killed by his father, Boyd Heslop Sr., who was 20 years old at the time.
On May 14, 2007 Christopher Drennon, three and a half months old, died while in the care of his father, Joseph Bersch, 20, who was charged with second degree murder. Less than a month before both children died, they were brought into Columbia Memorial Hospital for various complaints which were later determined to have been caused by abuse. Heslop Jr., was brought in to the CMH Emergency Department on July 30 , 2004, by the child’s mother, Clarabel Gonzalez, who stated that the child “woke up crying uncontrollably...when left leg is moved patient cries. Also reports that patient keeps leg in retracted position and does not move leg.” An exam followed as well as an xray but it was blurry due to “technical factors and some movement” and “large amounts of gas and stool [overlaying] the pelvis” which limited “resolution.” The doctor’s report stated there appeared to be “no dislocation or femur fracture.”
The baby was discharged and left “carried by parent.” Eleven days later Heslop Jr., was dead from blunt force trauma from being hit twice in the head by his father.
Post mortem radiographs of the lower extremities done at Albany Medical Center on Sept. 11 2004, revealed “marked periosteal cloaking associated with left femur likely secondary to old trauma” as quoted in the indictment of Heslop Sr.
On April 15, one day short of a month before Christopher Drennon died, the child’s mother, Kristina Drennon, brought the baby to CMH with complaints of “shaking, spitting up and possible chest pain.”
According to the hospital report from the April 15 visit “Mother wants child checked because earlier...child was being cared for by her boyfriend and had an episode of vomiting/ choking.”
An examination was performed and nothing was found to be wrong with the child. He was discharged. On May 14, 2007 Bersch allegedly killed his son while he was taking care of him at the residence of the infant’s maternal grandparents, Debbie and Christopher Drennon in Clermont, where Bersch was living with his fiancé, Kristina Drennon. She was at work at the time.
Bersch, who cooperated with police at the outset was later charged with the child’s murder after a police investigation and an autopsy, determined that Christopher Drennon’s death, due to asphyxia and brain trauma, was a homicide.
According to a deposition by New York State Police Investigator Thomas M. Fort Jr., given at the Clermont Town Court during the preliminary hearing on May 18, Bersch, in a sworn statement stated that “[t]he baby started crying. I picked him up and started patting him on the back and walking around the room...He screamed and cried more. I couldn’t get him to stop. I began to pat him more frequently.” Bersch stated that he became angry, patting him harder and that eventually he bit the child “between five and seven times” on the shoulders, the back, and the stomach. Bersch also stated that he squeezed the child in a “bear hug”, punched him twice in the stomach and also slapped him.
“My anger was so high I couldn’t stop,” said the young father. He started “shaking him back and forth” until he realized the child was no longer breathing. The baby later died at Columbia Memorial Hospital. The autopsy report from May 15, 2007, by Dr. Michael Sikirica at the Albany Medical Center revealed that there were “healing fractures, a reported history of shaking motion applied to the head and a reported history of comprehensive trauma to the chest.” According to Paul Mossman, the commissioner for the Columbia County Department of Social Services “attending physicians and nurses.” are “mandated reporters.” He added that anyone who suspects abuse should report it, but that the hospital staff are required by law to report to the state registry.
Mossman said that if the information warrants a review “they issue a report” and that there is a “process in place to verify information.” According to the New York State Office of Children and Family Services Web site mandatory reporters are “required by law to report suspected child abuse or maltreatment to the New York Statewide Central Register (SCR) of Child Abuse and Maltreatment.” When a mandated reporter calls the SCR the local Department of Social Services is immediately notified for investigation and follow-up. A local Child Protective Services caseworker then initiates an investigation within 24 hours.
“CPS intervention consists of an evaluation of the child and other children in the home, and the development of a plan to meet the needs of the child and family. If there is an immediate threat to the child’s life or health, CPS may remove the child from the home” according to the Web site. Theresa Kisseklbrack, a registered nurse, and administrator for the CMH Emergency department and Child Advocacy Center, said that the hospital follows procedures that are set by New York State.
“We follow the established guidelines set by the Department of Social Services and Child Family Services at the hospital.” She said they have to call the child abuse registry and the office of family services if abuse is suspected. “It’s very laid out,” she said. Mandated reporters are required to report when, “in their official or professional role, they are presented with a reasonable cause to suspect child abuse or maltreatment.” Reasonable cause, according to the Web site, is based “on [a mandated reporter’s] rational observations, professional training and experience, [if a mandated reporter has ] a suspicion that the parent or other person legally responsible for a child is responsible for harming that child or placing that child in imminent danger of harm.” The Web site stated that suspicion “can be as simple as distrusting an explanation for an injury.”
Pat Cantiello of OCFS said that mandatory reporters are required to be trained to recognize abuse and maltreatment. The New York State Education Department Office of the Professions oversees the training requirements for mandated reporters. Most medical professionals are required to take the training as part of their licensing requirement in New York State.
A list of some “physical indicators” that mandated reporters should look for include “injuries to the eyes or both sides of the head or body, frequent injuries of any kind bruises, cuts and/or burns,” which may appear “in distinctive patterns such as grab marks, human bite marks, cigarette burns, or impressions of other instruments.” The reports are confidential and, said Cantiello, they are not released. According to the Web site “Information regarding the source of the report may be shared with court officials, police, and district attorneys but only in certain circumstances.” There are no reports included in either indictment. The criminal and civil penalties for not reporting suspected abuse include being charged with a Class A misdemeanor and other criminal penalties as well as being sued in a civil court for monetary damages for any harm caused by the mandated reporter’s failure to make a report to the SCR. Heslop Sr., was later found guilty of second degree murder in Columbia County Court and is now in prison serving a sentence of 25 years to life. Bersch will go to trial Dec. 11.
According to the Web site “efforts to prevent child abuse and maltreatment can only be effective when mandated reporters and other concerned citizens work together to improve the safety net in their communities.” ***