State of Idaho missed the warning signs in Robert Manwill case

Posted: 12:00am on Oct 9, 2011; Modified: 12:19am on Oct 9, 2011

Robert Manwill PHOTO PROVIDED BY BOISE POLICE

  • Independent report could come this month

    The panel reviewing the Idaho Department of Health and Welfare’s handling of the Manwill case is led by Elizabeth Brandt, University of Idaho law professor and associate dean.

    “Our charge from the director has been to look at the department’s systems, at least as it was implemented in this case, and look at improvements,” Brandt told the Idaho Statesman. Director Richard Armstrong “is quite serious about that process. ... The purpose of this review is not to pick apart the Manwill case. The Manwill case provides an opportunity and a lens we can look at the department’s processes.”

    The panel convened Aug. 3, shortly after the conviction of Daniel Ehrlick, and met four times, most recently Sept. 16. The panel is developing recommendations for state and local improvements to the child welfare system.

    Brandt said the review is not an “inquisition” of case workers.

  • Who’s on the review panel

    Officials last year promised a review at the conclusion of the trials of Melissa Jenkins and her then-boyfriend Daniel Ehrlick, in order not to jeopardize the prosecutions or limit the scope of the review.

    Here are the members of the panel:

    - Chairwoman: Elizabeth Brandt, University of Idaho law professor and associate dean

    - Ann Cosho, Ada County public defender

    - Bryan Taylor, Canyon County prosecutor

    - Lt. Eric Skogland, Nampa police

    - Gary Harvey, public at large

    - Jane Smith, administrator, IDHW Division of Health

    - John Buck, Gem County coroner

    - Judge John F. Varin, juvenile court director for the Administrative Office of the Supreme Court

    - Ken Bramwell, emergency pediatric medicine physician

    - Kurt Naylor, child advocate attorney and chairman of the Idaho Governor’s Task Force on Children At Risk

    - Sgt. Milt Greenwood, Nampa police

    - Dr. Paul McPherson, Medical Director of St. Luke’s CARES (Children At Risk Evaluation Services)

    - Shirley Alexander, child welfare program manager with the Department of Health and Welfare

    - Tahna Cooper, executive director, 5th Judicial District CASA Program

    - Sgt. Tim Randall, Nampa police

    - Tina Perkins, supervisor of the Boise police Victim-Witness Advocate unit

    - Detective Victor Rodriguez, Nampa police

  • HEALTH AND WELFARE STATEMENT

    Here’s the Department of Health & Welfare’s response to the Statesman:

    “In regard to your inquiry to speak to Laura Bessey, she declines and we fully support her. DHW staff involved in the case followed practices and rules at the time of the incident. We have made system and practice changes from our own internal review of this tragic case, which we will share with you after the independent review report is released to the public. However, there were not any employee issues involved; practice and protocol were followed.

    “We believe that justice was served through the courts with the responsibility for Robert's death firmly placed where it should be — Daniel Ehrlick and Melissa Jenkins. They lied to us, the police and the public. Based on this case, we made improvements to strengthen our system and reduce the chance of something like this from occurring again. We also eagerly anticipate additional recommendations coming from the independent review committee.

    “Robert's death touched all of us, especially those who work every day trying to protect children in our communities.”

  • ABOUT KATHLEEN KRELLER

    Kathleen has been a reporter at the Idaho Statesman since 2003. She has covered the Manwill case since July 2009.

Since Robert Manwill’s murder in the summer of 2009, some of the biggest unanswered questions have asked how it could have happened under the scrutiny of the Idaho Department of Health and Welfare, and how the state could prevent such a crime from happening again.

The murder trial that convicted Daniel Ehrlick, the boyfriend of Robert’s mother Melissa Jenkins, revealed that the two adults covered up the systematic abuse Ehrlick submitted Robert to in the weeks before his death; they hid Robert from visiting social workers, including hiding him in a closet; and they lied about Robert being in the home. Jenkins pleaded guilty to aiding in the murder of her son.

Testimony and evidence from the trial revealed warning signs that state case workers failed to recognize or follow up on:

- The state got regular reports from contract agents who visited the home where Jenkins and Robert were living. A court order banned Jenkins from living with Robert’s infant brother Aidan, whom she had abused. During the last 24 days of Robert’s life, those social workers paid visits every other day to the apartment but never verified answers they received about Robert’s location or well-being.

- Weekly telephone calls and regular written reports to the Department of Health and Welfare’s case worker from social workers indicated that Robert was living with his mother in the home.

- The state’s case worker, Laura Bessey, testified that she couldn’t remember the content of those reports.

- Bessey testified that she was aware of the court order and that Melissa told her she was living in the home of Ehrlick’s father. Bessey never checked to see whether or not Jenkins really was living there.

- Bessey on three occasions consulted with Robert’s father, Charles Manwill, to arrange visits for Robert to Boise. In fact, she told Robert’s father that Robert could spend the summer on a three-month visitation with Melissa but did not discuss with Charles Manwill that Jenkins was not allowed by court order to live in the Oak Park Village apartment where Robert spent the summer.

- Bessey testified that no one had told her Robert was staying there. That would have been important to know as she worked with the family, she testified. “The department didn’t have custody of him, so basically the department didn’t have any legal rights to him,” she testified. “But it would have been nice to know.”

- State workers were aware that Jenkins had filed documents about the rent she was paying on the apartment she shared with Ehrlick, according to case notes entered as exhibits. Fourth District Judge Darla Williamson permitted the Idaho Statesman to inspect the notes and other exhibits following the trial. The case notes also show that social workers were aware of the court order prohibiting Melissa from living in the home.

- Social workers received various explanations on their visits in July when they asked why they hadn’t seen Robert lately. On July 17, Jenkins told social workers Robert had struck a horse with a 2-by-4 and his father was keeping him home in New Plymouth as punishment. According to evidence and testimony in Ehrlick’s trial, Ehrlick and Jenkins were hiding the boy in a closet and Robert likely was dead or dying when social workers visited for the final time on July 24.

INDEPENDENT REVIEW UNDER WAY

The department has commissioned an independent review of the case and of its policies, and has declined to discuss specifics of the case.

But in a statement to the Statesman, the department said it followed its “procedure and protocol” and that no employee did anything wrong.

Based on an internal review, the department already has “made improvements to strengthen our system and reduce the chance of something like this from occurring again.”

“We believe that justice was served through the courts with the responsibility for Robert’s death firmly placed where it should be — Daniel Ehrlick and Melissa Jenkins. They lied to us, the police and the public.”

The department said Bessey declined to be interviewed for this story.

COULD EHRLICK OR JENKINS BE TRUSTED?

In the two months before Robert’s death, social workers took explanations about Robert’s absence at face value. But Health and Welfare already knew Jenkins and Ehrlick had a history of being unreliable.

In 2008, Jenkins lied about how she fractured Aidan’s skull, first saying she’d bumped the baby’s head on a table while burping him. She later pleaded guilty to misdemeanor injury to a child. Doctors found evidence of an older injury to Aidan as well.

The Department of Health and Welfare had received three other referrals regarding “physical abuse and neglect” involving Jenkins’ children. No action was taken on those three referrals.

Ehrlick lied in court documents that he was Aidan’s biological father in order to get custody. State workers knew he was not. Ehrlick was prohibited by the courts from being alone with Robert’s half-sister RayLynn, who lived with her father. Ehrlick also had been convicted of burglary, battery and a drug charge and had spent four years in prison.

After her arrest for Robert’s death, Jenkins’ lawyer said Jenkins was a “compulsive liar.” Williamson said she didn’t think Jenkins was honest when she entered her guilty plea in January, and said at her sentencing she didn’t believe Jenkins was sincere. When lawyers debated letting Jenkins testify, Williamson warned Jenkins not to lie.

In June and July 2009, social workers visited the Oak Park Village apartment 24 times. They saw Robert seven times, all in June.

When social workers didn’t see Robert in July, they received six different explanations — and twice no explanation. The explanations from Ehrlick and Jenkins included:

- Robert was in the bedroom reading a book.

- Robert was taking a nap.

- Robert was at the YMCA with Ehrlick.

- Robert was at the skate park.

- Robert was swimming.

- Robert had been sent home to New Plymouth for the summer.

There is no evidence that workers ever attempted to verify those explanations.

Kathleen Kreller: 377-6418

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