Police: Girl Was Sexually Abused
Emaciated child was assaulted repeatedly, affidavit indicates
By Jennifer Emily and Steve McGonigle
Originally published in The Dallas Morning News, June 19, 2001
The 8-year-old girl forced to live in the closet of a Hutchins trailer for at least four months had been repeatedly sexually assaulted, according to a search warrant affidavit released Monday.
The girl was found last week wrapped only in a blanket and covered in her own waste. The girl's mother and stepfather, Kenny Atkinson and Barbie Calhoun Atkinson, were arrested last week on charges of serious bodily injury to a child, a felony that carries a sentence of five to 99 years in prison. They have declined to comment.
One of girl's sisters told police that a paddle kept under a bed was used to "strike" the girl as punishment. The document did not say who hit the child or whom police believe sexually abused the girl.
Steve Tokoly, the district attorney's felony trial bureau chief, said prosecutors would consider bringing more charges before a grand jury if evidence supports the allegations. He would not comment about the investigation.
No additional charges had been filed late Monday against the Atkinsons, who are divorced but were living together.
Specialist's exam
Children's Medical Center child-abuse specialist Dr. Donna Persaud told authorities after examining the girl that she had been the victim of repeated sexual abuse, according to the affidavit.
The girl has been malnourished for several years, not just the four months police say she was kept in the lice-infested, 4-by-6-foot closet, Dr. Persaud said in the affidavit. The girl's brothers and sisters told authorities that they and the family's pets received adequate food, the affidavit said.
The girl's siblings said the girl had not left the mobile home since the Atkinsons moved there in October, even when the family left on trips, the affidavit said. Neighbors who knew the family had six children thought the girl lived with her biological father, and Ms. Atkinson told her family that her daughter lived with a woman who was helping the girl with an eating disorder.
Other children
The other children, ages 22 months to 10 years, remain in the custody of Child Protective Services. They were dirty and had head lice but showed no visible signs of physical abuse, authorities said.
Police found the girl at the Pebble Creek Mobile Home Park on June 11 after Mr. Atkinson showed her to a neighbor.
Hutchins Assistant Police Chief Dave Landers said Monday he could not discuss the case or any items taken from the trailer when police executed the warrant Friday. Among the items seen removed from the home Friday night were a child's mattress, a laundry basket filled with bed linens and a door.
According to the search warrant, authorities were searching for a paddle, "blunt and/or sharp objects used to cause injury," food, cuttings from the closet carpet, bedding items, writings, books, pamphlets, documents, audio or visual recordings and photographs.
A document listing items taken from the trailer had not been filed with the court Monday.
Chief Landers said he was investigating the allegations of sexual abuse to build the strongest case possible against the Atkinsons.
"It's an important case," Chief Landers said Monday. "We're looking at everything we can."
The girl, who remains in serious condition at Children's Medical Center, weighed 25 pounds when she was found inside the closet. The girl told authorities she was 2 years old and did not know what a television and the sun were.
Custody sought
Also Monday, David Cole, a Dallas attorney for Bill and Sabrina Kavanaugh of Canton, said he planned to file court papers Tuesday to intervene in the girl's custody case. The couple will seek temporary custody at a hearing scheduled for June 26, Mr. Cole said.
The Kavanaughs had custody of the girl for the first eight months of her life but lost a chance to adopt her in 1993 because their attorney at that time did not meet a deadline for terminating Ms. Atkinson's parental rights to the girl.
Until last week, the Kavanaughs had not seen the girl or heard anything about her in more than six years. But they said they never abandoned hope of getting her back. Mr. Kavanaugh said CPS investigators told them the girl was walking.
"We are planning on going all the way and trying for adoption again," Mr. Kavanaugh said Monday. "Hopefully we will be more successful this time."
Mother's position
Ms. Atkinson will not oppose efforts to grant temporary custody of her children to Child Protective Services, said Brad Lollar, her court-appointed defense attorney.
"She feels they are in good hands now, and that's where they ought to stay," Mr. Lollar said.
He said he would advise Ms. Atkinson not to testify at next week's scheduled custody hearing but added that she has a story to tell.
"I think there are several things that would be interesting to the public, but we are not going to release them now," Mr. Lollar said.
Ms. Atkinson also will seek a trial separate from her former husband because of his criminal record, Mr. Lollar said.
Mr. Atkinson has a misdemeanor theft conviction in Ellis County for which he is currently on probation, records show. His client has no criminal record, Mr. Lollar said.
