Monday, April 16, 2012

PHILLIP AND SUPERMAN

PHILLIP AND SUPERMAN

BY: PAMELA JOY SMITH

Studies show that ten percent of all child abuse cases include intentional burning. The two forms of intentional burning include immersion in which a child is forcibly placed in water that is too hot for the skin to bear and that of placing a hot object against the child’s skin such as a lit cigarette. Almost all of the reported deliberate burns occur to those children under ten years of age by their caregivers.

I read yet another case which had been assigned to me. I was horrified to read about the abuse that four year old Phillip had suffered at the hands of his stepfather. I remembered thinking when am I ever going to stop being shocked by what people do to children. I picked up the photos of Phillip and I was filled with sadness, and anger. How in the world could anyone do this to a vulnerable and precious child? I continued to read with horror to see that not only were these cigarette burns placed all over this child’s body but I also discovered that Phillip’s own mother had witnessed the abuse and had not reported it. The stepfather and mother maintained that Phillip had refused to wear mosquito repellent at a recent family picnic and as a result Phillip had been bitten by mosquitoes. In addition, they emphasized that he had scratched them to the point of infection.

As with all precious children who are the victims of these horrible crimes, my heart melted when I first met with Phillip. I was so impressed with this child. Although he had been tortured at the hands of his stepfather, Phillip had a quiet dignity that I have rarely seen in adults much less children. He was very matter of fact in his recounting what had caused all of the marks on his tiny body.

When this case went to trial, I remember being furious at a stepfather and mother who knew the truth and yet would subject a four year old to a trial. Phillip walked into the courtroom and climbed into the witness chair. I asked him questions about the marks on his body and what caused them. He very softly said his stepdad had placed a cigarette all over his body. I asked him if the cigarette had been lit. He told me yes. I asked him if anyone else had seen this happen, he quietly stated, “my mommy”.

During the defense case, the defense tried to maintain that Phillip was always misbehaving and he did not listen to his parents. The stepfather and mother both testified that Phillip was out of control and that he lied and had an over active imagination which included the fact that he would run through the house pretending he was superman. They tried to convince the jury that these marks on Phillip’s body were the results of infected mosquito bites.

I was so upset and furious with the attempts to belittle Phillip, that by closing argument time, my heart took over to deliver a very impassioned and indignant closing. I remember almost being in tears as I told the jury to look at the evidence and that the Doctor who was an expert in child abuse cases had stated that the pattern of the marks on Phillip’s body were consistent with deliberate cigarette burns which supported Phillip’s version of the facts. I also remarked that Phillip was trying to be a normal little boy which included dressing up as superman and doing what other four year olds do except I was sure that Phillip had hoped and prayed that superman or someone in the adult world would rescue him from this abuse. The Jury returned their verdict agreeing with Phillip and finally giving this tiny child justice just as only superman would have done.

I urge all of you to remember that although there is no superman in our world except on television, in movies and comic books, we have to help these abused children who need us to act as their superman and save them from the cycle of abuse. Wherever Phillip is today, I think of this brave little boy often and I will never forget him.

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