Chapter 29 - Sample Testimony Forensic Social Worker

Chapter 29: Sample Testimony of Forensic Social Worker

CAROL GOOD, MSW - DIRECT EXAMINATION

by Ernie Lewis

Commonwealth v. Randy Haight, Capital Case

INTRODUCTION

CREDENTIALS AND EMPLOYMENT HISTORY METHODOLOGY

HER FACTUAL BASIS: WHAT SHE REVIEWED WHO SHE TALKED TO

INTRODUCTION OF THE SOCIAL HISTORY AND TIMELINE

THE MARRIAGE WAS A BAD ONE

RANDY'S FIRST FIVE YEARS OF LIFE

HAIGHT HISTORY: 1957 - 1959

HAIGHT HISTORY: 1959-1964

THE DECISION TO PLACE RANDY BACK WITH MOTHER, BETTE HAIGHT

THE MANNER IN WHICH RANDY'S

FAMILY SHAPED AND DISTORTED HIM

THE APPROPRIATENESS OF THE SOCIAL

SERVICES INVOLVEMENT IN THIS CASE

INTRODUCTION

1) Name and address.

2) Present occupation.

Associate Professor of Social Work at EKU.

3) What courses do you teach?

Introduction to social work and junior and senior field placements.

4) What other positions do you have at EKU?

Coordinator of Field Placement.
Consultant/Trainer for the Training Resource Center Project.
Consultant to Social Service Dept. at Pattie A. Clay Hospital in Richmond.

5) Where else are you employed?

Work part-time as a social worker for Hospice.

6) What was your involvement in this particular case?

7) Why did you become involved?

8) Who is paying for your time?

CREDENTIALS AND
EMPLOYMENT HISTORY

1) Describe your education for the jury?

BA in sociology at Colby College.
MSW from UK in 1983.

2) What professional licenses do you hold?

Certified Social Worker.

3) What jobs have you held since first becoming a social worker?

1966--food stamp eligibility worker.
1967-1970--service worker.
1970-1974--senior social worker.
1974-1984--field office supervisor.
1985--began to teach at EKU.

4) What were your job duties as a senior social worker?

5) What were your job duties as a field office supervisor?

6) How often have you rendered testimony?

a) On whose behalf have you usually testified?
b) On what issues?

METHODOLOGY

1) What is a social worker?

2) What is a family and children's services social worker?

3) What training does a social worker have in assessing families and the effects of families on individuals within the family?

4) How often did you assess families?

5) How often did you deal with troubled families?

6) How often did you make decisions about troubled families?

7) What opinions have you offered in the past for courts?

HER FACTUAL BASIS: WHAT SHE REVIEWED WHO SHE TALKED TO

1) What did you review in preparation for this case?

Records from the Methodists Children's Home in Worthington, Ohio.
Records from the Franklin County, Ohio Child Welfare Board.
Records from the Ohio Public Schools.
Records from Franklin County Children's Services.
Records from the Franklin County Domestic Court.
Psychological reports.

2) Who did you talk with?

Randy Haight
Lana Walker
Sam Walker
Bette Smith
Thornton Haight
Karen Sue Rice
Eugene Haight

INTRODUCTION OF THE
SOCIAL HISTORY AND TIMELINE

1) What is a social history?

2) Based upon your work, were you able to develop a social history of Randy Haight?

3) Does this social history accurately reflect Randy's early history?

MOVE THE ADMISSION OF THE SOCIAL HIS-TORY -- (do not give to jury at the time)

4) I would like to show you a timeline of the Haight family.

a) Have you reviewed this before?
b) Does it fairly and accurately reflect the chronological history of the Haight family?

MOVE THE ADMISSION OF THE TIMELINE -- (do not give to jury at the time)

THE MARRIAGE WAS A BAD ONE

1) When were Bette and Thornton Haight first married?

1947.

2) What do the records reflect regarding the marriage between Thornton and Bette Haight?

The marriage was unstable and emotionally disruptive.

3) What evidence of family violence during the first few years of marriage is there?

According to Bette, Thornton Haight beat her shortly after they were married, and lost the pregnancy.

4) When did the Haight family first come to the attention of the authorities?

In 1950 the Haight family was first investigated by Social Services.

5) What were the issues the Haights brought before the court?

Alcohol abuse, physical abuse, and infidelity.

6) How did the Haights relate to their children?

They used the children to manipulate each other.

7) Were the Haights capable of raising children?

No--the records indicate that they were "incapable of assuming responsibility for the care of the children."
Records reflected in CWB Haight Family History, p. 10 that: "neither Mr. or Mrs. Haight will ever be able to make a home for their children. Mr. Haight is too unstable and dependent himself and is actually not interested in his boys...Mrs. Haight...is unable actually to provide a suitable emo-tional and physical environment for these boy.

RANDY'S FIRST FIVE YEARS OF LIFE 1) Randy was born in 1952?

Yes.

2) I would like to focus on Randy's first four years of life. What are the impor-tant developmental issues during that period of his life?

The opportunity to develop trust in others; the ability to accept limits on behavior and to develop self control.

3) How does trust develop in the young child?

Through the responsiveness of the caregiver to the needs of the child, and the ability of the caregiver to supply affection, physical sustenance, and consistent love and care.

4) What do the records reflect regarding Thornton and Bette's responsiveness to the needs of Randy, and their ability to supply affection, physical sustenance, and consistent love and care?

5) How does a child learn to accept limits on behavior and to develop self control?

Through a sense of concern and love expressed by the caregiver, and by the caregiver meeting the child's physical and emotional needs.

6) What do the records reflect regarding whether Randy's parents expressed a sense of concern and love, and met his physical and emotional needs during the first four years of his life?

Few meals were cooked.
No housekeeping standards were kept.
They were sometimes left without adult supervision.
The house was full of garbage, spoiled food and feces.

7) What do the records reflect and what did you learn regarding family violence between mom and dad during these years?

The parents were often angry with each other and fought often both verbally and physically.

8) What is the importance of this?

9) What kind of parents were Thornton and Bette to Randy and his brothers during the first 5 years of Randy's life?

They were emotionally immature and unable to put their children's needs before their own.

HAIGHT HISTORY: 1957-1959

1) What occurred in 1957 that had a serious impact on Randy and his family?

His mother developed mental problems and was admitted into the hospital.
Thornton appeared in court to complain that she was not feeding the children.
Bette began to complain about an affair Thornton was having with Betty Conley.
Thornton filed for divorce in this year.

2) As a result of these problems, what happened to Randy?

On 5/6/58 Randy was taken out of the home and taken to Franklin Village on an Emergency Court Order.
On 6/6/58 he was committed to the Child Welfare Board.
On 8/20/58 he was admitted to the Meth-odist's Children's Home in Worthington, Ohio.

3) What happened to Randy's brothers?

They were also taken out of the home and placed in the Methodist's Children's Home.

4) Upon Randy's admission to MCH, how was he described?

Rambunctious, nervous but appealing, with little concept of authority and limits.

5) What was the parents' response to their children being taken away?

They continued to battle with each other and to use the children to manipulate each other.

6) Can you give us an example of this manipulation?

Bette hit the kids and threw them against the car when Thornton threatened to leave.

7) How often did Randy's parents visit him during this time?

Sporadically--sometimes Randy did not see his mom and dad for 8-9 months.

8) What effect did all of these problems have on Randy's school?

He had to repeat the first grade and the third grade.

9) What do the records reflect regarding Randy's reaction to a home visit after Christmas of 1958?

Ms. McMillian notes in transfer summary on 5/13/59 that Randy was rocking, having night sweats, excessively masturbating,anxious, tense, destructive, and unable to work in school.

10) What are the important developmental issues for a child from 5-7 years of age?

A child wants to find out what he can do and whom he should be like; they imitate adults and learn from these role models.

11) How did what occurred during 1957-1959 effect these developmental milestones for Randy?

The insecurities and inconsistencies of his parents did not provide positive behaviors to imitate.

12) What was the effect of his removal from the home on his development?

It represented a disruption of his bonding and created fear, anxiety, and insecurity.
The many separations created problems associated with trust, security, and a sense of belonging; all that was familiar was removed.

HAIGHT HISTORY: 1959-1964 1) What happened during these years?

Chaos and disruption resulting from a series of placements.

2) When was Randy first placed in a foster home?

September, 1960.

3) How successful was this placement?

Bette opposed it and went to court to get Randy back.

4) What was the reaction of the CWB and MCH?

They strongly opposed placing Randy back with Bette; they said his very future was at stake.

5) What did the court do?

Placed Randy back with mom.

6) How long did he stay?

Just a few months.

7) What happened?

Thornton complained that Bette was neglecting Randy and he was taken back to the MCH.

8) What evidence of neglect was there?

She took her 8 year old to work at night and he stayed in the car with her.
She failed to send him to school.

9) How did he do in school?

He failed the 3rd grade; could not even tell time until he was 10 years old.
He went to many schools; frequent moves affected his ability to keep up.

10) How long did he stay in MCH?

Until December of 1961.

11) Where was he placed then?

Spires foster home.

12) How many placements were there during these years?

He was in 9 placements in 2 years.

13) How was Randy treated in these placements?

There is some evidence of sexual abuse.
There is some evidence of being placed in closets as a form of discipline.

14) What are the reactions of children when they have significant losses?

15) What should be done when children are suffering losses?

16) What can be anticipated if loss and separation are not dealt with?

The child will have difficulty developing relations, developing trust.
The child will act out in patterns of passive or aggressive behavior.
This acting out will extend over into adulthood.

17) What did Randy lose during these years?

Family, clothes, toys, room, familiarity of surroundings, teachers, peers.

18) From the records that you reviewed, what was done in this case to adjust to these losses and to deal with the feelings Randy was having?

19) What effect did this failure to deal with separation and loss have on Randy as he developed from a child into an adult?

20) What are the other important develop-mental issues during these years?

A development of accomplishment or failure and inadequacy.

21) How did the disruptions of these five years effect Randy?

Randy did not feel he was successful; he always felt rejected.
The many disruptions contributed to feelings of rejection and inadequacy.
He did not feel loved.
He became and insecure and potentially angry child.

THE DECISION TO PLACE RANDY
BACK WITH MOTHER, BETTE HAIGHT

1) What progress did Randy make in foster home?

He had settled down and was no longer the anxious and upset child he had been.
He had learned to live in a family setting with respect for each member's rights.
He had responded well to the love, affection, and realistic limitations imposed.

2) What did CWB decide to do with Randy?

They placed him back home.

3) In your opinion was this an appropriate decision?

This was a typical decision in the sense of trying to keep families together as much as possible.
There was no evidence that Bette was prepared to deal with two children at this point.

THE TEENAGE YEARS

1) When was Randy placed back in the Haight household?

In August of 1964.

2) Who was there?

Bette, Eugene, and Rick.

3) What do the records reflect about the parenting provided by Bette during those years?

Bette set no limits; she was more like one of the children.
Bette was at the restaurant during the day, and out with boyfriends at night.
There is little evidence of parental control.
The family was chaotic and disorganized.
House was described as in a shambles.

4) What behavior problems developed?

Rick stole BB guns, and Randy accompanied them. These were used to shoot out 18 windows in the home.
The boys completely destroyed a home they were living in.
Truancy in school.
Acts of delinquency.

5) What was the response of the CWB?

They noted the family was deteriorating.
They noted in the Haight Family History at p. 16 that she "cannot give of herself emotionally at all to the children. She continues to upset the children regularly by going with numerous men, staying out late at night, sometimes not returning at all."
By 1966 CWB decided to place Randy back at MCH.

6) What happened?

When Randy resisted, they left him at home.

7) What other placements were there dur-ing these years?

Franklin Village.

8) How often did Randy run away from home?

Many times to his father's, usually in the summer months.

9) How did Randy do in school?

Very poorly.
Often truant.
Missed half of school in 1966-1967.
Described as hyperactive; problems with attention "defect."
By 16, he read at a 4th grade level.

10) When did Randy drop out of school?

When he was sixteen.

11) What evidence is there in the records of sexual abuse during these years?

Sexual abuse occurred earlier; at 15, he was abused by an adult named Tiny.

12) What was the effect of this on Randy?

Another example of the abusive environment and lack of supervision.
It was one of the only ways he felt loved or accepted.

13) When did Randy try living with his father?

Many summers; in Oct. 1968 he moved there.

14) Was that successful?

Randy moved back to Columbus in May of 1969 after Thornton refused to feed and clothe Randy.

15) When was Randy married during these years?

He was married to Diane Fraley when he was 16; they divorced one year later.

16) Were any psychologicals performed during this time?

1967 by Dr. Gussett.

17) What were the important findings he made?

72 IQ.
Lack of intellectual development was due to the negative influences of emotional factors.
Randy said he knew of no one who loved him.
When confronted with stress, Randy was said to be capable of unpredictable behavior.
Described as impulsive and capable of acting out emotional reactions without much control.
Attention defect and hyperactivity.
Overwhelmed by feelings of inferiority.

18) What did the report indicate about his home life?

It offered him little in the way of psy-chological warmth. This boy has strong feel-ings of rejection and feels that his home has seldom offered him much in the way of security...appears to have never had a close satisfying relationship with any adult figure.

19) What did the report indicate about his ability to control himself?

He was said to have little control of his emotions. This boy has a very low tolerance for frustration, and his perception of reality suffers due to the pressure of internal needs.
When "he cannot withdraw from stress, he loses his ability to exercise judgment and is capable of unpredictable and acting out behavior.

20) What was the psychologist's recom-mendation?

A well structured environment where he can develop close, intimate relationships with warm and understanding adult figures. He especially needs contact with a strong adult male figure who can serve as a model for him to identify with.

21) What kind of education was recommended?

Special classes.

22) When was Randy released from his com-mitment to CWB?

1970.

23) What are the important developmental issues of the teenage years?

The success or failures of the earlier developmental stages are played out.

24) What is your analysis of what happened with Randy?

The deficits in parenting, affection, stability and nurturing throughout his early life were reflected in his behavior.

THE MANNER IN WHICH RANDY'S FAMILY SHAPED AND DISTORTED HIM

1) What is a healthy family?

2) What is the importance of the family to the development of the individual?

3) What does a family do for a child in terms of development of personality and mental health?

4) What does a family do for a child in terms of consistency, security and stability?

5) What is the families' role in terms of limit-setting of a child?

6) What is the families' role in terms of giving and accepting affection?

7) What effect does the lack of normal nur-turing such as feeding, clothing, cleaning have upon children?

8) What is your analysis of Randy's family? How healthy or unhealthy was it?

9) How did Randy's family help form him?

10) Describe the quality of the parenting that you found in these records?

a) What kind of mother was Bette Haight?

b) What kind of a father was Thornton?

11) Describe the effect of Randy's family on him in terms of: a) Consistency

b) Security

c) Limit setting

d) Affection

e) Provision of physical needs

12) How has Randy's family contributed to his feelings about himself?

13) What effect did the intra-family violence have on Randy?

14) What effect did Randy's mother's mental illness have on his development?

15) What is your opinion regarding why all three Haight boys have been in prison, but their half sister has not been?

16) What effect did being taken away from his family have on Randy?

17) What is the significance of Randy being in foster homes and a children's home from his 5th through his 12th birthdays?

18) What was the level of neglect and abuse of Randy Haight when he was a child?

19) How would you compare this case to the hundreds in which you have been personally involved as a caseworker?

20) What kind of chance did Randy Haight have of becoming a mature and responsible adult growing up like he did?

THE APPROPRIATENESS OF THE SOCIAL SERVICES INVOLVEMENT IN THIS CASE

1) What is your opinion regarding the ap-propriateness of the actions of the different social services agencies in this case?

2) Had you been the caseworker, what would you have done to try to help this child?

RANDY HAIGHT AT 18

1) What was Randy Haight like at the point of termination of involvement?

He was suspicious, untrusting, impulsive, with little self-control, with no consistent role model for love and affection, who had been lied to and disappointed all of his life.

EXPECTED AREAS OF CROSS FOR CAROL GOOD

1) You are "just" a social worker.

2) Name 1 book or paper that says a family effects the way you are as an adult.

3) Name 1 book or paper that says family upbringing effects violence.

4) Isn't Randy just an outlaw from an outlaw family?

5) At least the state intervened here.

6) Lots of kids are from bad homes and do not kill anyone.

7) He was a teenage criminal.

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