Case Helps Toughen Child Abuse Laws
By Robert K. Gordon, News staff writer
Originally published in The Birmingham News, June 5, 2001
The case of Terri Burch, who came to school hungry, ragged, scarred and bruised, helped toughen the state's child-abuse law.
Prosecutors in Alabama now have the discretion of whether to charge suspects with aggravated child abuse in cases of severe or prolonged abuse. Defendants also now face a range of punishment of two to 20 years in prison rather than one to 10.
The Department of Human Resources had known about the Fairfield girl since she was 6, according to court testimony, but did not take her into protective custody until two years ago. That was when the 16-year-old Terri went to Children's Hospital with a broken leg, the result of being beaten with a metal pipe.
A Bessemer Cutoff jury convicted Terri's 35-year-old mother, Sherry Burch, last year of child abuse. Circuit Judge Mac Parsons sentenced her to what was, at the time, the maximum 10 years in prison.
The Bessemer Division of the Jefferson County District Attorney's Office pushed for the new law because of Terri's case.
"The whole point is that you can go out and steal a car and face two to 20, but you can abuse your child every day for 10 years and the most you can get is 10 years in prison," Assistant District Attorney Jill Ganus said. She prosecuted the Burch case.
Ms. Ganus contacted state Sen. E.B. McClain and state Rep. Bobby Humphryes and asked them for help. They sponsored the bill that led to the changes in the law. Gov. Don Siegelman recently signed the bill.
"Jill was instrumental in getting this through the Legislature," Cutoff District Attorney Arthur Green said. "Any law enforcement officer would want to upgrade the penalties for this horrible crime."
Ms. Ganus said Terri now lives with a foster family. Ms. Burch recently gave birth to her 15th child while in prison. DHR has custody of 13 children. The other two are grown.
