21-month-old Kassidy Caitlyn "Kassie" Bortner
Feb. 4, 1999 - Nov. 9, 2000
Rochester, NH, USA
Kassidy Caitlyn Bortner was the daughter of Amanda J Bortner. Her grandmother was Jacqueline M Nicholson-Conley. Her grandfather was Paul F Conley. She had a aunt Jennifer Bortner, uncle Joshua Caleb Bortner, uncle Scott Paul Christian Conley, and uncle Charles H Bortner, III.
She was a innocent, beautiful girl who's life was taken by her mother's boyfriend in acts of rage. Because of her death, the "Kassidy Bortner Act" was passed in the state of New Hampshire. The Act is intended to help protect children from all forms of child abuse and violence. It helps to make people and the State of New Hampshire be held accountable for their actions towards children.
Amanda Bortner and Chad Evans began dating in June 2000. A month later, she and Kassidy moved into Chads Rochester home. Shortly thereafter, bruises started appearing on Kassidy. These bruises were caused by Chad.
At first, Chad bruised Kassidy only occasionally by forcibly grabbing her face out of frustration because Kassidy became jealous when Amanda was affectionate towards him. As time went on, his frustration with Kassidy grew.
In the month before she died, Chad grabbed Kassidy's face hard as often as twice a week. He called her names such as "little bitch" and "f___ing retard." As frequently as three times a week, Chad disciplined Kassidy by picking her up by the armpits and roughly placing her in front of a wall or in a corner. Once, he grabbed her by the back of the neck and tossed her against a closet door, banging her head against the door. Another time, when Kassidy resisted, he picked her up by the armpits and threw her on the bed. When Amanda intervened, he grabbed Kassidy's leg and then walked away, muttering that he wished Kassidy had never been born. On another occasion, to stop her from crying and screaming, Chad pressed his finger on Kassidy's throat, hard enough to make her gag.
Chad and Amanda made up false excuses to explain the obvious bruises on Kassidy's face, including that Chad grabbed Kassidy's face to prevent her from falling off a trampoline. They also said that Kassidy was bruised because she was clumsy or because she accidentally bumped her head. Because of the bruises and her fear that Kassidy would be taken from her, Amanda refused to put Kassidy in day care. Instead, she asked her sister and her sister's boyfriend, Marshall, to baby-sit.
On November 8, 2000, the day before Kassidy died, Amanda dropped her off at her sister's and Marshall's home in Kittery, Maine, at around 1:30 or 2:30 p.m. When she dropped Kassidy off, Kassidy was fine, although a bit sleepy. She had a couple of scratches and a faded bruise on her face, but nothing more. Her behavior was normal. She spent the afternoon watching cartoons.
Chad picked up Kassidy at around 5:00 p.m. Shortly thereafter, he called from his car to tell Marshall that "[t]he little bitch is acting weird again." He said that Kassidy was "kind of bobbin' around" in the car. An hour or so later, he again called Marshall and said that she fell on her face on the ground when he took her out of the car. Later that evening, Chad called Marshall again and told him that while playing ball with his three-year-old son, Kassidy was hit by his son with a ball. During the conversation, Chad became frantic, telling Marshall that Kassidy's eyes were in the back of her head, and yelling at her to wake up. He told Marshall that Kassidy was out cold. When Marshall suggested that Chad take her to the hospital, Chad said that she had "come out of it" and was fine.
Chad also called Amanda to tell her about the incident. He told her that he did not want to baby-sit for Kassidy anymore because "[i]t seems like every time that I have her something happens where she hurts herself."
When Amanda came home that night, she and Chad fought. At one point, Chad grabbed her throat and pinned her against the couch, telling her to "cut it out .... you know what gets me going. You know what makes my temper."
The next morning, Amanda brought Kassidy to Marshall's house. Amanda lay Kassidy on a bed, looked at Kassidy's face, and then said to her sister, "Look what he did. It looks like f____ing s___, doesn't it." Kassidy's face was badly bruised; the bruises around her forehead looked like finger marks.
Kassidy appeared sick and in pain. Marshall and Amanda's sister were concerned about her and put her to bed. When they tried to rouse her, Kassidy whimpered and pulled away from them. Amanda's sister went to work and Marshall stayed at home with Kassidy, letting her sleep. At around 9:30 that morning, Chad called and asked how Kassidy was doing. Chad then told Marshall that he had received a call from the State because "someone had seen Kassidy at his house acting weird." Chad was quite angry, telling Marshall that Amanda and "the little bitch [are] going to have to get out of my house."
At around 12:30 p.m., Marshall went to the bedroom to check on Kassidy and saw that she was unconscious, her eyes were in the back of her head, and she was making a gargling noise. While on the phone with 911, he tried to resuscitate her, but could not. Kassidy was taken by ambulance to a Maine hospital and pronounced dead on arrival.
An autopsy revealed that Kassidy died at approximately 12:30 p.m. from multiple blunt-force injuries that had caused bleeding and swelling in her brain, bleeding in the optic nerve, and internal bleeding in her abdomen. The medical examiner estimated that before she died, Kassidy received eight to ten blows to the head and at least two blows to the abdomen from a blunt force, such as a fist or a foot. Kassidy's fatal head injuries were inflicted sometime within the twenty-four hours preceding her death.
In addition to her fatal injuries, Kassidy had numerous bruises and multiple fractures in various stages of healing. Most of the bruises were between eight and twelve hours old. None of the bruises on Kassidy's face was consistent with being hit by a ball.
On the night of Kassidy's death, the police interviewed Amanda, her sister, Marshall and Chad. Chad told the police the trampoline story to explain how he had once bruised Kassidy's face. He also told them that she would sometimes "throw herself in the corner or throw herself into the wall" or run and "slam right into" a corner. He stated that Kassidy was "clumsy" and constantly walked into things like his coffee table. That night, Amanda and Chad spoke by telephone. Crying, Amanda told Chad,
"[Y]ou killed my baby; I know you did this; you wanted her dead."
Evans was convicted of second-degree murder in 2001 for beating 21-month-old Kassidy Bortner to death. He was also convicted on five counts of assault and endangering the welfare of a child.
After Evans lost an appeal to have the convictions overturned, the state went to a new review board and asked to extend his original sentence of 28 years to life in prison. Later, the board added 15 years to Evans' sentence, making it 43 years to life.
After Evans lost an appeal to have the convictions overturned, the state went to a new review board and asked to extend his original sentence of 28 years to life in prison. Later, the board added 15 years to Evans' sentence, making it 43 years to life.
Bortner was convicted on Nov. 25, 2002, of two counts of endangering the welfare of a child.
She received just 2 years in prison for allowing her child to be murdered by her boyfriend.
Source: State v. Bortner & Portsmouth Herald
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Amy Wallace
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Death of toddler is 'senseless'
November 18, 2000 - Source: Portsmouth Herald ROCHESTER — A local man sat with a somber expression during his arraignment in Rochester District Court on Friday morning, as a judge ordered him held without bail in connection with the death of his girlfriend's 21-month-old daughter.
Chad Evans, 29, of 191 Milton Road, was arrested Thursday night at about 9 p.m. and charged with manslaughter in the death of Kassidy Bortner.
Evans had been living with the child and her mother, 18-year-old Amanda Bortner, at the Milton Road address.
No charges have been filed against Bortner.
"The death of a child this young and this helpless is senseless and tragic," said New Hampshire Assistant Attorney General Christopher Carter. The prosecution is alleging Evans "inflicted a blunt force" to the child's head, and that the alleged act took place between Nov. 8 and Nov. 9.
The mother's sister, Jennifer Conley and her boyfriend, F. Jeffrey Marshall, were baby-sitting the child on Nov. 9 at their residence at 51 Rogers Road, Kittery.
The child reportedly was put down for a nap at 8:30 a.m. and was found unresponsive by noon. Conley called 911 a little before 1 p.m., and the child was transported to York Hospital, where she was pronounced dead upon arrival.
Officials are awaiting the results of an autopsy performed on the child last week. However, the child reportedly had several bruises on her skull.
Defense attorney Alan J. Cronheim of Portsmouth said Evans did not inflict injury on Kassidy Bortner, and his client has cooperated completely with the investigation.
"He has shown by indicating to the state police that he would not flee," Cronheim said. "His ex-wife is here today to show her support."
But the prosecution said witnesses described Evans as having a violent temper and being abusive to Amanda Bortner by "butting her in the head and choking her."
Carter said Evans has also violated his probation for an assault charge related to a domestic violence incident in March. Evans violated his probation by being arrested for a felony and also for having ammunition in his home.
A probable cause hearing has been scheduled for the defendant at 1:30 p.m. Wednesday, and Evans will be detained until that time. Evans is currently being held at the Strafford County jail. Evans works for a McDonald's franchise in New Hampshire, according to Maine State Police Sgt. Matt Stewart.
Carter commended the Kittery Police Department, Maine State Police, New Hampshire State Police and Rochester Police Department for their cooperation in this joint investigation.
Kassidy's short life of pain
December 21, 2000 - Source: Portsmouth Herald KITTERY, Maine — Indictments released by the Strafford County, N.H., grand jury on Tuesday suggest that 21-month-old Kassidy Bortner had been beaten regularly for at least three months prior to her death.
In fact, police say there were several visible signs of abuse including a broken arm and leg.
Chad E. Evans, 29, of 191 Milton Road in Rochester, faces life in prison on a charge of second-degree murder. Kassidy died on Nov. 9 from multiple blows to her head and abdomen, Kittery Detective Steve Hamel confirmed Wednesday.
Kittery Patrolman Robert Creamer was the first officer to arrive on scene and performed CPR on Kassidy.
"She was lying on her back, unconscious, with just a diaper on and her face was battered with multiple, multiple bruises in different spots," Creamer said. "There were several bruises on her abdomen."
Creamer said the toddler's eyes were open, but she had no vital signs. He checked her for a pulse and said her body was cold. The veteran officer performed CPR, but was unable to revive the toddler.
The court documents say that Evans grabbed Kassidy's throat, face and limbs repeatedly. Hamel confirmed reports that Evans allegedly threw the child against the walls of his home and prevented her from receiving treatment for her wounds, which Evans inflicted.
Evans had been living with his girlfriend, Amanda Bortner, who also was Kassidy's mother.
Hamel said all evidence points to Evans, who also faces a simple assault charge for allegedly abusing the child's mother.
"To bring a case as tragic as this to prosecution so quickly is a relief to not only the victim's family, but to the community as well," Hamel said.
Lindsey Conley, Kassidy's aunt, said she was shocked to hear of her niece's death.
"To realize that she was dead opened my eyes that this kind of thing can happen to anyone," Conley said. "I mean, you hear about these things in the news, but you always think that it will never happen in your family."
Hamel said the investigation has revealed that Evans allegedly had been abusing Kassidy since Aug. 1 until her death.
Another of Kassidy's aunts, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, were baby-sitting the toddler at their residence in Kittery on that day.
Based on an autopsy performed by the Maine state medical examiner, it was determined that Kassidy died from blunt trauma to the head.
"The death of a child this young and this helpless is senseless and tragic," said New Hampshire Assistant Attorney General Christopher Carter.
Lindsey Conley shared her thoughts about Evans.
"Kas shouldn't have died for she was a very innocent child, and I will not forgive Chad (Evans)," Conley said. "I do not understand how someone could take out their anger or frustration or whatever on someone else's child or even their own child. To me, those types of actions are unforgivable and you cannot mend the wounds, for they are scars that will stay with the victim or the victim's family forever."
Evans, who was released on $100,000 cash bail for the original manslaughter charge, is scheduled to be arraigned on Jan. 3 on the new charges. Hamel said Evans may have to pay additional bail fees.
Man pleads innocent in killing
January 3, 2001 - Source: Portsmouth Herald
DOVER — A Rochester man charged with beating 21-month-old Kassidy Bortner to death pleaded innocent to a second-degree murder charge at his arraignment Tuesday in Strafford County Superior Court.
Chad Evans, 29, of 191 Milton Road, is facing life in prison if convicted of second-degree murder. He also is charged with two counts of first-degree assault and six counts of second-degree assault in the death of the toddler.
"I will not forgive Chad (Evans)," Kassidy's aunt, Lindsey Conley told the Portsmouth Herald. "I think he is guilty — no question. He should be in jail, it's as simple as that."
Evans could not be reached for comment. His trial date has been set for Nov. 5 at 9 a.m. in Strafford County Superior Court.
New Hampshire Assistant Attorney General Christopher Carter and Assistant Attorney General William Delker are expected to prosecute the case.
Delker said Evans must return to court on March 5 for a status conference.
"We'll talk about what sort of motions or issues need to be addressed at that time," Delker explained about the status conference.
Evans remains free on $100,000 cash bail, but must abide by several conditions, Delker said. Evans is not permitted to have contact with Kassidy's mother, 18-year-old Amanda Bortner, or with Jeff Marshall, the Kittery, Maine, resident who was baby-sitting Kassidy at the time of her death. Delker said Marshall is a witness in the case.
Evans signed a waiver of extradition so if he leaves the state, New Hampshire won't have any problems retrieving him, Delker said.
Indictments released by the Strafford County grand jury last month suggest that 21-month-old Kassidy Bortner had been beaten regularly for at least three months prior to her death.
In fact, police say there were several visible signs of abuse including a fractured arm and leg.
Kassidy was pronounced dead at York Hospital in Maine on Nov. 9 from multiple blows to her head and abdomen, Kittery Detective Steve Hamel said.
The court documents say Evans grabbed Kassidy's throat, face and limbs repeatedly. Hamel confirmed reports that Evans allegedly threw the child against the walls of his home and prevented her from receiving treatment for her wounds, which Evans inflicted.
Hamel said the investigation has revealed that Evans allegedly had been abusing Kassidy since Aug. 1 until her death. He said available evidence points to Evans, who also faces a simple assault charge for allegedly abusing the child's mother.
Evans also is charged with violating his probation for assaulting his ex-wife, Tristan Evans, the assistant district attorney said. The Jan. 8 hearing for this prior conviction has been postponed, Delker said.
January 3, 2001 - Source: Portsmouth Herald
DOVER — A Rochester man charged with beating 21-month-old Kassidy Bortner to death pleaded innocent to a second-degree murder charge at his arraignment Tuesday in Strafford County Superior Court.
Chad Evans, 29, of 191 Milton Road, is facing life in prison if convicted of second-degree murder. He also is charged with two counts of first-degree assault and six counts of second-degree assault in the death of the toddler.
"I will not forgive Chad (Evans)," Kassidy's aunt, Lindsey Conley told the Portsmouth Herald. "I think he is guilty — no question. He should be in jail, it's as simple as that."
Evans could not be reached for comment. His trial date has been set for Nov. 5 at 9 a.m. in Strafford County Superior Court.
New Hampshire Assistant Attorney General Christopher Carter and Assistant Attorney General William Delker are expected to prosecute the case.
Delker said Evans must return to court on March 5 for a status conference.
"We'll talk about what sort of motions or issues need to be addressed at that time," Delker explained about the status conference.
Evans remains free on $100,000 cash bail, but must abide by several conditions, Delker said. Evans is not permitted to have contact with Kassidy's mother, 18-year-old Amanda Bortner, or with Jeff Marshall, the Kittery, Maine, resident who was baby-sitting Kassidy at the time of her death. Delker said Marshall is a witness in the case.
Evans signed a waiver of extradition so if he leaves the state, New Hampshire won't have any problems retrieving him, Delker said.
Indictments released by the Strafford County grand jury last month suggest that 21-month-old Kassidy Bortner had been beaten regularly for at least three months prior to her death.
In fact, police say there were several visible signs of abuse including a fractured arm and leg.
Kassidy was pronounced dead at York Hospital in Maine on Nov. 9 from multiple blows to her head and abdomen, Kittery Detective Steve Hamel said.
The court documents say Evans grabbed Kassidy's throat, face and limbs repeatedly. Hamel confirmed reports that Evans allegedly threw the child against the walls of his home and prevented her from receiving treatment for her wounds, which Evans inflicted.
Hamel said the investigation has revealed that Evans allegedly had been abusing Kassidy since Aug. 1 until her death. He said available evidence points to Evans, who also faces a simple assault charge for allegedly abusing the child's mother.
Evans also is charged with violating his probation for assaulting his ex-wife, Tristan Evans, the assistant district attorney said. The Jan. 8 hearing for this prior conviction has been postponed, Delker said.
Child endangerment charges filed
November 16, 2001 - Source: Portsmouth Herald DOVER — A 19-year-old woman pleaded not guilty Thursday to charges she endangered the welfare of her daughter, Kassidy Bortner, who died last year, allegedly from months of physical abuse.
Amanda Bortner, of 293 Endicott Road, Weirs Beach, was arraigned in Strafford County Superior Court on two counts of endangering the welfare of a child. On Nov. 9, 2000, Kassidy was taken from a relative's home in Kittery, Maine, to York Hospital, where the 21-month-old girl was pronounced dead from multiple blows to her head and abdomen, police said.
The judge set Bortner's bail at $5,000 cash or corporate surety for the two misdemeanor charges. She is to have no contact with a list of witnesses in the case, and she is to report to probation weekly. Bortner must also remain in the state of New Hampshire, according to a clerk at the courthouse.
Bortner is scheduled for a preliminary pretrial conference hearing at 9 a.m. on Jan. 15, 2002, in Superior Court.
According to indictments previously handed up by a Strafford County grand jury, the toddler apparently had been beaten regularly for at least three months before her death.
Bortner's then live-in boyfriend, Chad E. Evans, 30, who resided at 191 Milton Road, Rochester, was charged with second-degree murder in the toddler's death. Evans, who moved to Keene after he met bail, pleaded innocent to the second-degree murder charge at his arraignment on Jan. 2.
Evans also appeared in Strafford County Superior Court on Thursday for a final pretrial hearing, which allows prosecution and defense attorneys to discuss any issues that need to be resolved before trial, according to a clerk at the Strafford County Superior Court.
Jury selection in Evans' trial is scheduled to begin at 9 a.m. on Nov. 27 in Superior Court. The jury selection is open to the public, and the trial will start after the jury members are picked, the court clerk said.
Evans, who was originally released on $100,000 cash bail, is now being held at the Strafford County House of Corrections. Judge James D. O'Neil revoked his bail in August citing "clear and convincing evidence" that Evans had contacted Bortner, in direct violation of his bail. State police officials and the attorney general's office conducted an investigation into the alleged violation of bail conditions.
Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
The defendant was already on probation for assaulting his ex-wife, Tristan Evans, at the time he was arrested and charged with Kassidy's death, officials said. The arrest and the fact that he was in possession of a firearm were violations of that probation, officials said, adding that Evans will face those charges after his trial.
Expected to prosecute the case is Senior Assistant Attorney General Will Delker. Christopher Carter was also scheduled to prosecute the case, but he has recently resigned from the attorney general's office.
Defense attorneys Alan J. Cronheim and Mark Sisti of Portsmouth are representing Evans.
Toddler-death trial draws near
November 28, 2001 - Source: Portsmouth Herald DOVER — Defense and prosecuting attorneys joined Judge Tina Nadeau in Strafford County Superior Court on Tuesday morning to select a jury in the case against Chad E. Evans, who stands accused of killing 21-month-old Kassidy Bortner.
The trial is set to begin by Dec. 5 and is expected to last two weeks, excluding the jury selection process, Nadeau told approximately 200 potential jurors.
"It is the jury's responsibility to discover the truth by examining the facts and applying the law," Nadeau said.
Evans, 30, with a last known address of 191 Milton Road, Rochester, could face life in prison if convicted on his second-degree murder charge. Evans was indicted last year in the beating death of Kassidy, who was his live-in girlfriend's daughter. Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case. He has pleaded not guilty to all charges.
The defendant is innocent unless the state proves beyond a reasonable doubt that he's guilty, Nadeau explained to the potential jurors. It is the jury's job to determine if the defendant is innocent or guilty of the charges. If the suspect is found guilty, the judge will then determine his sentence.
Dressed in a gray suit, Evans sat quietly in the back of the courtroom with a somber expression as the judge explained the jury's responsibilities. Nadeau read a long list of possible reasons a potential juror would be disqualified from sitting on this case. More than half of those sequestered then stood and left the room.
After a short break, Evans moved to the front of the courtroom while the judge explained the charges. Nadeau and the attorneys then questioned potential jurors one by one — dismissing some and detaining others.
Only 15 jurors will be selected to serve on this case, including three alternates, according to a court clerk. Jury selection will continue today, she said.
Kassidy Bortner was taken by ambulance on Nov. 9, 2000, from her aunt's Kittery, Maine, home to York Hospital, where she was pronounced dead from multiple blows to her head and abdomen. Evans, who lived with Kassidy and her mother, Amanda Bortner, was charged in New Hampshire because the abuse is alleged to have occurred in their Rochester home.
Indictments previously released by a Strafford County grand jury suggest that Kassidy had been beaten regularly for at least three months prior to her death. According to the court documents, Evans grabbed Kassidy's throat, face and limbs repeatedly. He allegedly threw the child against the walls of the home and prevented her from receiving treatment for her wounds.
Senior Assistant Attorney General Will Delker and Assistant Attorney General Simon Brown are expected to prosecute the case.
Defense attorneys Alan J. Cronheim and Mark Sisti of Portsmouth are representing Evans.
Evans was originally released on $100,000 bail, but is now being held at the Strafford County House of Corrections. Judge James D. O'Neil revoked his bail in August, citing "clear and convincing evidence" that Evans had contacted Amanda Bortner, in direct violation of his bail conditions.
In fact, prosecutors claim Bortner and Evans lived with each other for several months after Kassidy's death.
On the anniversary of the toddler's death, Bortner was charged with two counts of endangering the welfare of her daughter. Officials allege Bortner, 19, of 293 Endicott Road, Weirs Beach, knew that Evans was beating her little girl, but did nothing to stop the ongoing physical abuse. Bortner pleaded not guilty at her Nov. 15 arraignment in Superior Court.
Patricia Weiberg is representing Bortner.
'I never thought it hurt her'
December 6, 2001 - Source: Portsmouth Herald 
DOVER — Amanda Bortner took the stand Wednesday and burst into tears when a defense attorney showed her a picture of her dead 21-month-old daughter Kassidy covered with bruises from her head to her tiny feet.
Defense attorney Alan J. Cronheim handed Bortner the photograph during his cross-examination in Strafford County Superior Court. Bortner glanced at it quickly and then immediately pushed the picture away.
"Oh my God, I can't look at that," Bortner said, then covered her mouth and began to cry.
This emotional incident took place on the second day in the trial of Chad E. Evans, 30, who was Bortner's live-in boyfriend and has been charged with the toddler's beating death. Evans, last known address 191 Milton Road, Rochester, could face life in prison if convicted of the second-degree murder charge.
Kassidy's 19-year-old mother on Wednesday told jurors she witnessed Evans handling the child roughly, sometimes leaving bruises on her face. She also testified that Kassidy had often come home from her baby sitter's house with bruises and marks on her body. The sitter, F. Jeffrey Marshall, is the focus of defense lawyers' strategy. They allege that Marshall, and not Evans, was responsible for the toddler's death.
The 15 jurors heard continuing testimony early Wednesday from Kittery Detective Steve Hamel, who interviewed Marshall right after Kassidy died.
Also giving testimony was a York Hospital emergency room physician who was working the day the ambulance transported Kassidy into the ER. He told the jury he knew the toddler was dead on arrival.
At about 4 p.m. Wednesday, a tearful Bortner asked Judge Tina Nadeau for a break because she was having a "difficult time concentrating."
Nadeau granted her request and relieved the jury for the day. Bortner will again take the witness stand today.
Bortner left the courtroom crying, and her sobs echoed in the lobby. Evans then began to cry as he sat in the open courtroom.
Bortner said in her testimony that on Nov. 9, 2000, she dropped Kassidy off at the Kittery, Maine, home Marshall shares with Jennifer Conley, Bortner's sister. That was the last time she saw the little girl alive.
Prosecutors allege Evans had beaten the girl for months prior to her death. But the defense alleges that the prosecution's "star witness" — Marshall — is the real killer.
When Bortner saw the picture of her deceased daughter, she testified that Kassidy did not have those bruises when she dropped her off at Marshall's home on Nov. 9.
Police showed Bortner the photos of Kassidy's body the night she died, and Bortner testified that she said to the police, "Oh my God, she did not look like that when I dropped her off."
Bortner reiterated that Kassidy had only a few bruises on her face, but there were none on her torso, legs or arms.
Autopsy pictures submitted as evidence show the deceased toddler did have multiple bruises and lesions at the time of her death.
Dr. Anthony Bock, a York Hospital emergency room physician, testified that when Kassidy arrived at the hospital on Nov. 9, 2000, she was pale, cool and dry, and had multiple bruises all over her body.
"The bruises were different — different stages and ages," he told jurors. Kassidy's retinas were also hemorrhaging, which is a sign of head trauma, he added.
The doctor was asked to show the autopsy pictures to the jury and some jurors winced slightly when they saw the photos.
When defense attorney Mark Sisti asked if the baby sitter would have been able to see the bruising on Kassidy's face the day before she died, Bock replied, "I would think so."
The jurors often looked to Evans for a reaction as the witnesses testified, especially when Bortner was on the stand.
"She was a really good baby, smart for her age, very attentive," Bortner told the jury.
She testified that she met Evans in June 2000, and that she and Kassidy moved into his Rochester home sometime around mid-July, about a month later.
Kassidy often had "temper tantrums," which irritated both Evans and Marshall, Bortner testified.
"She'd kick and scream on the floor," Bortner told jurors. "Chad (Evans) would get mad and at first he'd put her in her room for time out."
But Evans' patience would grow thin with Kassidy, Bortner said, and over time he began to grab the little girl by the face, sometimes leaving bruises.
"Kassidy would scream and cry when he grabbed her," Bortner said, rocking slowly back and forth in the witness chair. "I never thought it hurt her until I saw bruises."
Bortner said she and Evans made up an excuse to tell people why Kassidy had those bruises. They told people the girl had almost fell off a trampoline and Evans caught her, grabbing her by the face.
Bortner told jurors that in the month prior to Kassidy's death, Evans would roughly place Kassidy in the corner for a "time out." Bortner then added she told police Evans "might have grabbed her by the neck and tossed her in the corner."
"I know I said that, but at the time I was overwhelmed," she said.
Bortner told jurors that she was holding Kassidy once while Evans grabbed and tugged on the girl's leg, adding, "He then said something under his breath like, 'I wish she wasn't here.'"
Bortner testified that one day, she heard the sink running and Kassidy crying in the bathroom. She said Evans walked out of the bathroom and said he had splashed water on Kassidy's face to get her to stop crying.
"She was crying real bad. He was frustrated. Mad," Bortner said. She said Kassidy was scared of the sink when Bortner used it to wash her hands.
Bortner told the jury Evans wasn't the only one who had a temper when it came to Kassidy. The toddler often came home from the baby sitter's house with bruises and other marks on her body, she said.
Kassidy came home from Marshall's house with two black-and-blue marks on the back of her head and Bortner said Marshall explained that she had fallen out of his truck.
Bortner testified that Marshall once told her Kassidy had drank Windex but didn't seek medical attention.
Marshall brought Kassidy home one night with makeup covering a bruise on her face, Bortner told the jury. "He said the dog knocked her over."
Bortner testified that Marshall told her he tripped over Kassidy's foot or leg and stepped on her by accident, and that's why Kassidy was "walking funny."
She said both Evans and Marshall called Kassidy names like "b----" and "retard."
On Nov. 8, 2000, Kassidy was very quiet, Bortner said.
"Her eyes rolled back in her head as I held her on the couch. I was like, 'Oh my gosh.' I rationalized that she was just falling asleep."
The morning Kassidy died was not a typical day, Bortner told jurors.
Kassidy usually got herself up in the mornings and would crawl into bed with Bortner and Evans, Bortner said. But on Nov. 9, Bortner went to her daughter's room and found Kassidy lying face down on her bed and crying. Bortner changed the toddler's diaper and said she didn't see any bruises. Kassidy was quiet with not much energy that day, Bortner said.
Bortner told jurors she gave Kassidy a plastic bag full of cereal and a drink in a sippy cup.
"She was wearing a red fleece sweatshirt and matching pants and a pink jacket," Bortner told jurors as she burst into tears, wiping her face with a tissue.
Kassidy slept in the car that day on the ride from Rochester to Marshall's house in Kittery, Bortner said.
Bortner said she received a call at work that day with news that Kassidy had been taken to the hospital. Police later told her that her daughter was dead.
Evans is charged with second-degree murder, as well as two counts of first-degree assault and six counts of second-degree assault in the case.
Evans was originally released on $100,000 cash bail, but is now being held at the Strafford County House of Corrections. Judge James D. O'Neil revoked his bail in August citing "clear and convincing evidence" that Evans had contacted Bortner, in direct violation of his bail conditions.
Bortner admitted under oath Wednesday that she and Evans had been together for at least nine months while he was awaiting trial.
Marshall is expected to testify for the prosecution, although when has yet to be disclosed.
The trial is expected to last about two weeks, according to Nadeau.
Bortner was charged with two counts of endangering the welfare of her daughter. Officials alleged Bortner, 19, of 293 Endicott Road, Weirs Beach, knew that Evans was beating her little girl, but did nothing to stop the ongoing physical abuse. Bortner pleaded not guilty at her arraignment on Nov. 15 in Strafford County Superior Court.
The attorney general's office has granted Bortner immunity for her testimony in Evans' trial. Whatever she says in his trial cannot be held against her in any way, defense attorneys said.
Baby sitter: I did not hurt Kassidy
December 7, 2001 - Source: Portsmouth Herald
DOVER — Kassidy Bortner's baby sitter testified Thursday in the trial of her alleged killer. Shaking his head firmly, the baby sitter insisted he did nothing to hurt the 21-month-old girl.
Prosecutors called F. Jeffrey Marshall to testify against his former friend Chad E. Evans, 30, who is accused of second-degree murder in the November 2000 beating death of Kassidy. Marshall was baby-sitting Kassidy in his Kittery, Maine, home the day she died and he was the last person to see her alive.
Defense attorneys contend Marshall is the "real killer" and should be the man on trial for Kassidy's death.
Testimony resumed Thursday in Strafford County Superior Court with Kassidy's mother, Amanda Bortner, 19. Detective Sgt. James White of the New Hampshire State Police also testified, followed by Marshall, who was labeled as the prosecution's "star witness" by defense attorneys.
Marshall said he and his girlfriend Jennifer Conley, who is also Kassidy's aunt, had watched the girl frequently for several weeks prior to her death.
He had noticed bruises on Kassidy's face, head, arms and legs, Marshall told jurors.
He said he lightly spanked Kassidy on her buttocks when she was wearing only a diaper, but said he did not hurt her.
The baby-sitting arrangement was only supposed to last a short time, until the bruises and marks faded so Kassidy could be taken to day care, Marshall said. But the marks frequently returned, Marshall told jury members.
Kassidy's mental condition also deteriorated over time, he said.
"Kassidy would stare at the wall in the living room and it got worse and more frequently over time," he testified.
Marshall told jurors that he confronted Evans about the behavior and Evans told him she stands there like that because he often makes her stare at the wall as punishment for bad behavior.
The child's former baby sitter acknowledged he made a mistake by not reporting what looked like signs of abuse.
"Looking back, there's no excuses," he said. "It's the worst thing I've ever done. I have to live with it. I definitely messed up. I should have said something and didn't."
Marshall testified he watched Kassidy alone on Nov. 8, 2000, and also the next day when she died in his home.
He said that on Nov. 8, Kassidy was walking with a limp.
He said Bortner told him Evans had hurt Kassidy by tugging on her leg. The child looked "normal for Kassidy" that day, Marshall told jurors.
Evans picked Kassidy up at Marshall's home and headed to his Rochester residence later that night, Marshall testified. Shortly after, Marshall said he received a cellular phone call from Evans, who said "the little b—— is acting weird again."
Marshall said Evans told him Kassidy's head was bobbing up and down, but he never accused Marshall of causing injury to the toddler.
Marshall said a few minutes after that call, Evans phoned him again to say Kassidy had fallen on the ground getting out of the car and he had to take her inside to clean her up and remove the rocks from her face.
Marshall said he received a third call from Evans that night. He said Evans told him Kassidy had been hit in the head with a baseball after his 3-year-old son hit the ball with a plastic bat.
When Bortner dropped Kassidy off at Marshall's house the next day, the mother said, "She looks like (expletive) doesn't she? Look what Chad did," Marshall testified.
At about 12:30 p.m., Kassidy's eyes had rolled back into her head and she was unresponsive, Marshall told jurors. He said he performed CPR on Kassidy, but he was unsuccessful in reviving her.
Defense attorney Mark Sisti was quick to secure an admission in his cross-examination that Marshall did not know how to perform CPR.
Sisti also pointed out other inconsistencies in Marshall's testimony in an attempt to discredit him in front of the jury.
During Bortner's resumed testimony, prosecutors asked the mother what her feelings were for the defendant.
She responded, "I love him. I miss him." But she added that she would not lie for him under oath.
Prosecutors asked Bortner to explain why there are discrepancies between what she told police after her baby's death and her testimony in court.
"It's not easy to lose a daughter," she told the jury. "It took a long time to have a clear conscience."
Bortner and Evans both declined to comment to the Portsmouth Herald.
Evans, last known address of 191 Milton Road, Rochester, could face life in prison if convicted of the second-degree murder charge. He is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
Evans is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Bortner for nine months after his arrest.
December 7, 2001 - Source: Portsmouth Herald
DOVER — Kassidy Bortner's baby sitter testified Thursday in the trial of her alleged killer. Shaking his head firmly, the baby sitter insisted he did nothing to hurt the 21-month-old girl.
Prosecutors called F. Jeffrey Marshall to testify against his former friend Chad E. Evans, 30, who is accused of second-degree murder in the November 2000 beating death of Kassidy. Marshall was baby-sitting Kassidy in his Kittery, Maine, home the day she died and he was the last person to see her alive.
Defense attorneys contend Marshall is the "real killer" and should be the man on trial for Kassidy's death.
Testimony resumed Thursday in Strafford County Superior Court with Kassidy's mother, Amanda Bortner, 19. Detective Sgt. James White of the New Hampshire State Police also testified, followed by Marshall, who was labeled as the prosecution's "star witness" by defense attorneys.
Marshall said he and his girlfriend Jennifer Conley, who is also Kassidy's aunt, had watched the girl frequently for several weeks prior to her death.
He had noticed bruises on Kassidy's face, head, arms and legs, Marshall told jurors.
He said he lightly spanked Kassidy on her buttocks when she was wearing only a diaper, but said he did not hurt her.
The baby-sitting arrangement was only supposed to last a short time, until the bruises and marks faded so Kassidy could be taken to day care, Marshall said. But the marks frequently returned, Marshall told jury members.
Kassidy's mental condition also deteriorated over time, he said.
"Kassidy would stare at the wall in the living room and it got worse and more frequently over time," he testified.
Marshall told jurors that he confronted Evans about the behavior and Evans told him she stands there like that because he often makes her stare at the wall as punishment for bad behavior.
The child's former baby sitter acknowledged he made a mistake by not reporting what looked like signs of abuse.
"Looking back, there's no excuses," he said. "It's the worst thing I've ever done. I have to live with it. I definitely messed up. I should have said something and didn't."
Marshall testified he watched Kassidy alone on Nov. 8, 2000, and also the next day when she died in his home.
He said that on Nov. 8, Kassidy was walking with a limp.
He said Bortner told him Evans had hurt Kassidy by tugging on her leg. The child looked "normal for Kassidy" that day, Marshall told jurors.
Evans picked Kassidy up at Marshall's home and headed to his Rochester residence later that night, Marshall testified. Shortly after, Marshall said he received a cellular phone call from Evans, who said "the little b—— is acting weird again."
Marshall said Evans told him Kassidy's head was bobbing up and down, but he never accused Marshall of causing injury to the toddler.
Marshall said a few minutes after that call, Evans phoned him again to say Kassidy had fallen on the ground getting out of the car and he had to take her inside to clean her up and remove the rocks from her face.
Marshall said he received a third call from Evans that night. He said Evans told him Kassidy had been hit in the head with a baseball after his 3-year-old son hit the ball with a plastic bat.
When Bortner dropped Kassidy off at Marshall's house the next day, the mother said, "She looks like (expletive) doesn't she? Look what Chad did," Marshall testified.
At about 12:30 p.m., Kassidy's eyes had rolled back into her head and she was unresponsive, Marshall told jurors. He said he performed CPR on Kassidy, but he was unsuccessful in reviving her.
Defense attorney Mark Sisti was quick to secure an admission in his cross-examination that Marshall did not know how to perform CPR.
Sisti also pointed out other inconsistencies in Marshall's testimony in an attempt to discredit him in front of the jury.
During Bortner's resumed testimony, prosecutors asked the mother what her feelings were for the defendant.
She responded, "I love him. I miss him." But she added that she would not lie for him under oath.
Prosecutors asked Bortner to explain why there are discrepancies between what she told police after her baby's death and her testimony in court.
"It's not easy to lose a daughter," she told the jury. "It took a long time to have a clear conscience."
Bortner and Evans both declined to comment to the Portsmouth Herald.
Evans, last known address of 191 Milton Road, Rochester, could face life in prison if convicted of the second-degree murder charge. He is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
Evans is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Bortner for nine months after his arrest.
State Supreme Court to hear Bortner appeal
By Associated Press
April 11, 2003 - Source: Sea Coast On Line
DOVER - The state Supreme Court has agreed to hear the appeal of a Rochester mother convicted of failing to protect her little daughter from abuse that killed her.
Amanda Bortner, 21, is serving a two-year sentence after being convicted of endangering the welfare of her 21-month-old daughter, Kassidy. The toddler died on Nov. 9, 2000.
Bortner’s boyfriend, Chad Evans, 31, is in prison serving a sentence of 28 years to life for second-degree murder and multiple counts of assault resulting from Kassidy’s death. He’s also appealing his conviction.
In the appeal, Bortner’s attorney, Patricia O. Wiberg, claimed the court was incorrect in its decision not to exclude autopsy photographs and graphic testimony regarding the physical cause of death.
She also claimed that Judge Tina L. Nadeau gave erroneous jury instructions on Bortner’s failure to protect her daughter; that the state child endangerment statute is "unconstitutionally vague or overbroad" and that the state violated its immunity agreement with Bortner. The appeal also claims that witnesses for the prosecution violated a sequestration order.
At her trial, prosecutors said Bortner knew her daughter was seriously injured but drove her past three hospitals on the way to a baby-sitter’s home the day Kassidy died. Bortner later blamed the babysitter for Kassidy’s death and testified on Evans’ behalf.
Evans' ex-wife: I told DCYF of suspected abuse
December 11, 2001 - Source: Portsmouth Herald
DOVER — The state called several more witnesses Monday to testify against a man accused of beating to death 21-month-old Kassidy Bortner.
Chad E. Evans, 30, faces life in prison if convicted of the second-degree murder charge. The trial entered its second week Monday in Strafford County Superior Court. Evans' ex-wife, Tristan Evans, was among those who testified.
Tristan Evans agreed that she had suspected Kassidy was abused. In fact, she told jurors, she had contacted the Division of Children, Youth and Families on Oct. 31, 2000 and anonymously reported that Kassidy had bruises on her face and neck area.
Senior Assistant Attorney General Simon Brown asked Tristan Evans why she didn't use her name when she called DCYF.
"To take the step to call DCYF is serious," she responded. "If I were incorrect with the claim, I didn't want to cause animosity."
Tristan Evans told the jury she didn't know who may have been abusing the toddler, but indicated to DCYF that she didn't think her ex-husband would harm the child.
Patricia Hocter, an assessment worker for the Division of Children Youth and Families, confirmed during her testimony last week that DCYF had received an anonymous call about Kassidy's situation. But Hocter said she was unable to reach Amanda Bortner, Kassidy's mother, and Chad Evans.
Tristan Evans testified that on Nov. 8, 2000 she called Chad Evans and asked him about the multiple bruises on the toddler's face and the child's withdrawn behavior.
She said that Chad Evans told her, "I think she's retarded or something."
Kassidy died the next day from blunt force trauma to her head and abdomen, autopsy reports introduced at the trial revealed.
Tristan Evans testified that Amanda Bortner and Chad Evans had conflicting stories about Kassidy's facial bruises.
When Tristan Evans visited Chad Evans' and Bortner's Rochester home around the week of Oct. 21, 2000, she first noticed the bruising on Kassidy's face.
"I first thought she was dirty," Tristan Evans told jurors. "I leaned down and said 'Hey baby girl' and then noticed the bruising."
Bortner explained that Kassidy had fallen down the stairs, Tristan Evans testified. But when she spoke later with Chad Evans, he said the girl had almost fallen off a trampoline and Evans had caught her, grabbing her by the face, Tristan said to the jury.
Last week, Bortner testified she and Evans made up the trampoline excuse to tell people why Kassidy had the bruises.
Friends of Bortner, including Melissa Chick and Tracy Foley, also testified Monday. They described to the jurors what the bruises looked like and testified what excuses they heard from Bortner and Chad Evans.
Evans' attorneys contend that a baby sitter, Jeffrey Marshall, is the person who beat Kassidy, ultimately causing the child's death.
The trial continues today at 10 a.m. and is expected to last at least one more week, according to Judge Tina Nadeau.
Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
He is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Bortner for nine months after his arrest.
Judge allows cellmate's testimony to stand
December 12, 2001 - Source: Portsmouth Herald
DOVER — Prosecutors questioned Cory Merrill, the former cellmate of Chad E. Evans, but when defense attorneys attempted to cross-examine the witness Tuesday, Merrill took the Fifth Amendment and refused to answer any more questions.
Kassidy Bortner, the daughter of Evans' girlfriend, was just 21 months old when she died from blunt-force trauma to her head and abdomen. Evans, 30, is charged with second-degree murder in the toddler's death, and faces life in prison if convicted.
Merrill, who shared a cell with the defendant at the Strafford County Jail, told the jury Monday that Evans appeared depressed after he was arrested and said Evans told him he used a belt to strike 21-month-old Kassidy.
Defense attorney Mark Sisti on Tuesday argued that the testimony should be stricken from the record because Merrill wouldn't answer questions about his criminal record.
"This is a very unique, strange situation," Sisti said. "Credibility is essential in this case."
But Judge Tina Nadeau denied Sisti's request and said she would allow Merrill's testimony.
New Hampshire Attorney General Philip T. McLaughlin attended the trial Tuesday, but declined comment about the case.
Evans' ex-wife, Tristan Evans, continued her testimony Tuesday morning.
Evans defended her ex-husband and told jurors she didn't believe the defendant harmed Kassidy.
When prosecutor Simon Brown asked Tristan Evans if she still loved the defendant, she replied she was not in love with him, but loves him "in ways."
She said she is still close with her ex-husband and would like their 4-year-old son to continue having a relationship with his father, but only if he's not incarcerated.
Evans admitted she had suspected Kassidy was being abused. In fact, she told jurors that she had contacted the Division of Children, Youth and Families on Oct. 31, 2000, and anonymously reported that Kassidy had bruises on her face and neck area.
And she testified that "out of curiosity" she checked their son for bruises.
She said she told the defendant, "I'll kill you," if she ever found bruises on their son.
Attorneys for Evans contend that child's baby sitter is the person who beat Kassidy, ultimately causing the child's death.
The trial continues today in Strafford County Superior Court and is expected to last about one more week.
Chad Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
He is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Kassidy's mother, Amanda Bortner, for nine months after his arrest.
December 12, 2001 - Source: Portsmouth Herald
DOVER — Prosecutors questioned Cory Merrill, the former cellmate of Chad E. Evans, but when defense attorneys attempted to cross-examine the witness Tuesday, Merrill took the Fifth Amendment and refused to answer any more questions.
Kassidy Bortner, the daughter of Evans' girlfriend, was just 21 months old when she died from blunt-force trauma to her head and abdomen. Evans, 30, is charged with second-degree murder in the toddler's death, and faces life in prison if convicted.
Merrill, who shared a cell with the defendant at the Strafford County Jail, told the jury Monday that Evans appeared depressed after he was arrested and said Evans told him he used a belt to strike 21-month-old Kassidy.
Defense attorney Mark Sisti on Tuesday argued that the testimony should be stricken from the record because Merrill wouldn't answer questions about his criminal record.
"This is a very unique, strange situation," Sisti said. "Credibility is essential in this case."
But Judge Tina Nadeau denied Sisti's request and said she would allow Merrill's testimony.
New Hampshire Attorney General Philip T. McLaughlin attended the trial Tuesday, but declined comment about the case.
Evans' ex-wife, Tristan Evans, continued her testimony Tuesday morning.
Evans defended her ex-husband and told jurors she didn't believe the defendant harmed Kassidy.
When prosecutor Simon Brown asked Tristan Evans if she still loved the defendant, she replied she was not in love with him, but loves him "in ways."
She said she is still close with her ex-husband and would like their 4-year-old son to continue having a relationship with his father, but only if he's not incarcerated.
Evans admitted she had suspected Kassidy was being abused. In fact, she told jurors that she had contacted the Division of Children, Youth and Families on Oct. 31, 2000, and anonymously reported that Kassidy had bruises on her face and neck area.
And she testified that "out of curiosity" she checked their son for bruises.
She said she told the defendant, "I'll kill you," if she ever found bruises on their son.
Attorneys for Evans contend that child's baby sitter is the person who beat Kassidy, ultimately causing the child's death.
The trial continues today in Strafford County Superior Court and is expected to last about one more week.
Chad Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
He is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Kassidy's mother, Amanda Bortner, for nine months after his arrest.
Jury gets details of battered girl's injuries
December 14, 2001 - Source: Portsmouth Herald
DOVER — Maine's chief medical examiner showed jurors autopsy photos Thursday of the toddler who died of blunt-force injuries.
Kassidy Bortner also suffered multiple bone fractures in her arms and her left leg, Dr. Margaret Greenwald said. She said the 21-month-old girl was a victim of battered child syndrome.
Kassidy was 21 months old when she died on Nov. 9, 2000. Chad E. Evans, 30, is charged with second-degree murder in the toddler's death and faces life in prison if convicted.
Testimony resumed Thursday in Strafford County Superior Court with Greenwald and Maine State Police Detective Lance M. McCleish taking the stand. Greenwald is recognized by the court as an expert witness.
Prosecutors used an enlarged autopsy photo of Kassidy's face when asking Greenwald to point out the various injuries. In that photograph, Kassidy's eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise about 2 inches long under her left eye. There were a number of abrasions and bruises in other areas of her face.
Evans also viewed the photos, but showed little reaction.
Greenwald testified that the autopsy revealed a cluster of hemorrhages under Kassidy's left eye.
There were several other injuries. Kassidy had bruising on the back of her neck, abdomen, hands, feet, arms, back and legs.
There were multiple "pinpoint scratches" on the surface of the soles of her feet, which were scabbing, indicating the wounds were aging, Greenwald testified.
Greenwald estimated that Kassidy had suffered about eight to 10 blunt blows to her skull and at least two similar assaults to her abdomen.
"Her brain was swollen, which is caused by force impact against the head," Greenwald testified.
The bruises and abrasions had different ages. The yellowish-brown colored wounds were older injuries, Greenwald told jurors.
The fresher wounds — such as the red and bruising left eye socket and the swollen lip — were most likely inflicted 12 hours prior to the time of death. Prosecutors contend Kassidy would have been in Evans' care 12 hours before she died.
The toddler also suffered from several bone fractures, Greenwald said.
The fractures in her left and right forearms would have been caused by a twisting motion, Greenwald testified. The right arm was healing and was most likely fractured three to six weeks prior to her death, Greenwald said.
Kassidy also suffered two fractures in her left leg, just above the knee. One fracture was inflicted about two months before her death and the other was new, perhaps just days old, Greenwald testified.
Evans told Kassidy's mother and police that Kassidy was hit with a baseball the night before she died.
But Greenwald told jurors that's an unlikely story.
"The eye could have been hit by a ball, but probably not," she testified. "It is not completely consistent with those injuries."
Instead, Greenwald said the wound would more likely have been inflicted with something like a cup or a spoon.
But some of Kassidy's injuries were determined to be caused anywhere from one to 24 hours prior to her death, and three people were watching her during that time — Amanda Bortner, Chad Evans, and the baby sitter, F. Jeffrey Marshall. Greenwald testified that she estimates other injuries would have been inflicted four hours before she died, which would have possibly put the toddler in Marshall's care.
Evans' attorneys contend that Marshall is the person who beat Kassidy, ultimately causing the child's untimely death. Marshall was baby-sitting Kassidy in his Kittery home the day she died and was the last person to see her alive.
Marshall and his girlfriend Jennifer Conley, who is also Kassidy's aunt, had been watching the girl frequently for several weeks prior to her death.
Defense attorney Mark Sisti cross-examined Greenwald and asked if those injuries could have been inflicted while Kassidy had been in Marshall's care. Greenwald told the jury it would be possible.
Greenwald also told jurors Kassidy suffered from battered child syndrome.
Symptoms of the syndrome include repeated injuries over time, a delay in medical treatment and bogus excuses about the injuries offered by the parent or guardian of the child.
"It would be unusual if all children (in the same household) are being abused," Greenwald added.
Kassidy had multiple bruises, internal bleeding and fractures, according to Greenwald. Evans and Amanda Bortner, Greenwald said, did not seek medical attention for the child's injuries. Evans also has a son, who was 3 at the time of Kassidy's death.
The prosecution rested its case around 4:30 p.m. Defense attorneys will present their case Monday.
Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
He is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Amanda Bortner for nine months after his arrest.
December 14, 2001 - Source: Portsmouth Herald
DOVER — Maine's chief medical examiner showed jurors autopsy photos Thursday of the toddler who died of blunt-force injuries.
Kassidy Bortner also suffered multiple bone fractures in her arms and her left leg, Dr. Margaret Greenwald said. She said the 21-month-old girl was a victim of battered child syndrome.
Kassidy was 21 months old when she died on Nov. 9, 2000. Chad E. Evans, 30, is charged with second-degree murder in the toddler's death and faces life in prison if convicted.
Testimony resumed Thursday in Strafford County Superior Court with Greenwald and Maine State Police Detective Lance M. McCleish taking the stand. Greenwald is recognized by the court as an expert witness.
Prosecutors used an enlarged autopsy photo of Kassidy's face when asking Greenwald to point out the various injuries. In that photograph, Kassidy's eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise about 2 inches long under her left eye. There were a number of abrasions and bruises in other areas of her face.
Evans also viewed the photos, but showed little reaction.
Greenwald testified that the autopsy revealed a cluster of hemorrhages under Kassidy's left eye.
There were several other injuries. Kassidy had bruising on the back of her neck, abdomen, hands, feet, arms, back and legs.
There were multiple "pinpoint scratches" on the surface of the soles of her feet, which were scabbing, indicating the wounds were aging, Greenwald testified.
Greenwald estimated that Kassidy had suffered about eight to 10 blunt blows to her skull and at least two similar assaults to her abdomen.
"Her brain was swollen, which is caused by force impact against the head," Greenwald testified.
The bruises and abrasions had different ages. The yellowish-brown colored wounds were older injuries, Greenwald told jurors.
The fresher wounds — such as the red and bruising left eye socket and the swollen lip — were most likely inflicted 12 hours prior to the time of death. Prosecutors contend Kassidy would have been in Evans' care 12 hours before she died.
The toddler also suffered from several bone fractures, Greenwald said.
The fractures in her left and right forearms would have been caused by a twisting motion, Greenwald testified. The right arm was healing and was most likely fractured three to six weeks prior to her death, Greenwald said.
Kassidy also suffered two fractures in her left leg, just above the knee. One fracture was inflicted about two months before her death and the other was new, perhaps just days old, Greenwald testified.
Evans told Kassidy's mother and police that Kassidy was hit with a baseball the night before she died.
But Greenwald told jurors that's an unlikely story.
"The eye could have been hit by a ball, but probably not," she testified. "It is not completely consistent with those injuries."
Instead, Greenwald said the wound would more likely have been inflicted with something like a cup or a spoon.
But some of Kassidy's injuries were determined to be caused anywhere from one to 24 hours prior to her death, and three people were watching her during that time — Amanda Bortner, Chad Evans, and the baby sitter, F. Jeffrey Marshall. Greenwald testified that she estimates other injuries would have been inflicted four hours before she died, which would have possibly put the toddler in Marshall's care.
Evans' attorneys contend that Marshall is the person who beat Kassidy, ultimately causing the child's untimely death. Marshall was baby-sitting Kassidy in his Kittery home the day she died and was the last person to see her alive.
Marshall and his girlfriend Jennifer Conley, who is also Kassidy's aunt, had been watching the girl frequently for several weeks prior to her death.
Defense attorney Mark Sisti cross-examined Greenwald and asked if those injuries could have been inflicted while Kassidy had been in Marshall's care. Greenwald told the jury it would be possible.
Greenwald also told jurors Kassidy suffered from battered child syndrome.
Symptoms of the syndrome include repeated injuries over time, a delay in medical treatment and bogus excuses about the injuries offered by the parent or guardian of the child.
"It would be unusual if all children (in the same household) are being abused," Greenwald added.
Kassidy had multiple bruises, internal bleeding and fractures, according to Greenwald. Evans and Amanda Bortner, Greenwald said, did not seek medical attention for the child's injuries. Evans also has a son, who was 3 at the time of Kassidy's death.
The prosecution rested its case around 4:30 p.m. Defense attorneys will present their case Monday.
Evans is also charged with two counts of first-degree assault and six counts of second-degree assault in the case.
He is currently being held at the Strafford County House of Corrections after violating bail conditions by living with Amanda Bortner for nine months after his arrest.
Tension high in Evans case
December 20, 2001 - Source: Portsmouth Herald
DOVER — Friends and family members of both Kassidy Bortner and the man accused of beating her to death waited anxiously Wednesday in the lobby of Strafford County Superior Court for the jury to reach a verdict, but they will continue to wait.
Thirteen jurors continued their deliberations all day Wednesday, and it is unknown at this time when they will come back with a verdict. If the jury reaches a guilty verdict on the second-degree murder charge, 30-year-old Chad. E. Evans could be sentenced to up to life in prison.
The 21-month-old girl was taken by ambulance on Nov. 9, 2000, from her baby sitter's Kittery, Maine, home to York Hospital, where she was pronounced dead from multiple blows to her head and abdomen.
Kassidy's baby sitter, F. Jefferey Marshall, was among those waiting in the courtroom lobby.
"Somebody has to be here for Kassidy," Marshall said.
Marshall and his parents sat only a few feet away from Evans' family and friends, who, along with defense attorneys, contend it was Marshall who inflicted Kassidy's fatal wounds. But Marshall completely denies those allegations and said the man on trial is the man who killed the toddler.
Kassidy's mother, Amanda Bortner, also waited with Evans' family in the courthouse lobby.
Prosecutors in the case, Senior Assistant Attorney General Will Delker and Assistant Attorney General Simon Brown, declined to comment on the case until after the verdict is read. The prosecution rested its case last Friday; the defense rested on Monday. Closing arguments were presented Tuesday.
Representing Evans are attorneys Mark Sisti and Alan J. Cronheim of Portsmouth. Both attorneys and their defendant also have declined to comment until the trial is completely over.
Evans lived with Kassidy and Amanda Bortner. He was charged in New Hampshire because the alleged abuse occurred in their Rochester home.
The long-awaited trial began Dec. 4, more than a year after the toddler was found dead in Kittery, Maine. It has been one of the most high-profile murder cases in recent memory. The courthouse lobby Wednesday was also filled with television cameras, photographers and several reporters awaiting the jury's decision.
The case has caused widespread attention and prompted New Hampshire and Maine lawmakers to initiate legislation governing how child abuse should be reported.
Jurors will continue their deliberations today in Strafford County Superior Court.
Evans was originally released on $100,000 cash bail but is now being held at the Strafford County House of Corrections. Judge James D. O'Neil revoked his bail in August, citing "clear and convincing evidence" that Evans had contacted Amanda Bortner, a direct violation of his bail conditions.
In fact, prosecutors claim Bortner and Evans lived together for several months after Kassidy's death.
On the first year anniversary of the toddler's death, Bortner was charged with two counts of endangering the welfare of her daughter. Officials alleged that Bortner, 19, of 293 Endicott Road, Weirs Beach, knew Evans was beating her little girl but did nothing to stop the ongoing physical abuse. Bortner pleaded not guilty at her arraignment on Nov. 15 in Strafford County Superior Court.
December 20, 2001 - Source: Portsmouth Herald
DOVER — Friends and family members of both Kassidy Bortner and the man accused of beating her to death waited anxiously Wednesday in the lobby of Strafford County Superior Court for the jury to reach a verdict, but they will continue to wait.
Thirteen jurors continued their deliberations all day Wednesday, and it is unknown at this time when they will come back with a verdict. If the jury reaches a guilty verdict on the second-degree murder charge, 30-year-old Chad. E. Evans could be sentenced to up to life in prison.
The 21-month-old girl was taken by ambulance on Nov. 9, 2000, from her baby sitter's Kittery, Maine, home to York Hospital, where she was pronounced dead from multiple blows to her head and abdomen.
Kassidy's baby sitter, F. Jefferey Marshall, was among those waiting in the courtroom lobby.
"Somebody has to be here for Kassidy," Marshall said.
Marshall and his parents sat only a few feet away from Evans' family and friends, who, along with defense attorneys, contend it was Marshall who inflicted Kassidy's fatal wounds. But Marshall completely denies those allegations and said the man on trial is the man who killed the toddler.
Kassidy's mother, Amanda Bortner, also waited with Evans' family in the courthouse lobby.
Prosecutors in the case, Senior Assistant Attorney General Will Delker and Assistant Attorney General Simon Brown, declined to comment on the case until after the verdict is read. The prosecution rested its case last Friday; the defense rested on Monday. Closing arguments were presented Tuesday.
Representing Evans are attorneys Mark Sisti and Alan J. Cronheim of Portsmouth. Both attorneys and their defendant also have declined to comment until the trial is completely over.
Evans lived with Kassidy and Amanda Bortner. He was charged in New Hampshire because the alleged abuse occurred in their Rochester home.
The long-awaited trial began Dec. 4, more than a year after the toddler was found dead in Kittery, Maine. It has been one of the most high-profile murder cases in recent memory. The courthouse lobby Wednesday was also filled with television cameras, photographers and several reporters awaiting the jury's decision.
The case has caused widespread attention and prompted New Hampshire and Maine lawmakers to initiate legislation governing how child abuse should be reported.
Jurors will continue their deliberations today in Strafford County Superior Court.
Evans was originally released on $100,000 cash bail but is now being held at the Strafford County House of Corrections. Judge James D. O'Neil revoked his bail in August, citing "clear and convincing evidence" that Evans had contacted Amanda Bortner, a direct violation of his bail conditions.
In fact, prosecutors claim Bortner and Evans lived together for several months after Kassidy's death.
On the first year anniversary of the toddler's death, Bortner was charged with two counts of endangering the welfare of her daughter. Officials alleged that Bortner, 19, of 293 Endicott Road, Weirs Beach, knew Evans was beating her little girl but did nothing to stop the ongoing physical abuse. Bortner pleaded not guilty at her arraignment on Nov. 15 in Strafford County Superior Court.
Evans convicted of murder
December 22, 2001 - Source: Portsmouth Herald
DOVER — Chad E. Evans has been convicted of second-degree murder in the beating death of 21-month-old Kassidy Bortner.
The jury foreman looked directly at the 30-year-old defendant as he read each verdict and Evans shook his head. Many people who were at Strafford County Superior Court to support Evans wept openly in the courtroom.
As he was escorted out of the courtroom, several of his friends and family members shouted, "We love you, Chad!"
Evans, formerly of Rochester, was also convicted of five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child's mother and former live-in girlfriend, Amanda Bortner. Evans was acquitted of two out of the 10 charges: one count of first-degree assault and one count of second-degree assault.
The jury deliberated nearly 14 hours over two days before reaching its verdict.
Bortner, who declined to comment until the trial was over, was seen leaving the courtroom around 4 p.m. Friday, just shortly before the verdict was read.
Evans' family and friends also declined to comment, but one woman yelled, "He's not guilty!"
Assistant Attorneys General N. Will Delker and Simon Brown prosecuted the case.
"Justice was done here today," Brown told reporters outside the courtroom after the verdict was read.
Defense attorney Mark Sisti said he would pursue an appeal.
"Obviously, we're disappointed," Sisti said, declining to comment further.
Sisti and Evans' other attorney, Alan J. Cronheim, argued that the baby sitter, F. Jeffrey Marshall, was the one who beat Kassidy.
Marshall, who was the prosecution's star witness, testified in the beginning of the trial and cried when jurors read the verdict.
"Kassidy is never coming back," Marshall said. "You can never turn back what was done."
Marshall said justice has been done, but there are no winners, adding that Evans' 4-year-old son will grow up without a father.
"Just remember Kassidy," he said. "If you forget about her, you forget about everything. This has been all about Kassidy."
Marshall and his girlfriend, who is Kassidy's aunt, frequently baby sat the toddler in their Kittery, Maine, home. Marshall denies the defense attorneys' allegations that he had anything to do with Kassidy's injuries, and said he regrets not doing something to stop the suspected abuse. He was also the last person to see Kassidy alive.
"If you see something — do something about it," Marshall said.
Jurors declined to comment on the substance of the deliberations, but released a short statement to the press.
"We believe we did a thorough and complete job of reviewing the evidence," the statement reads. "We believe we have served the state of New Hampshire effectively and well and we are proud of our service."
Deliberations took nearly 14 hours in the high-profile murder case. A female juror was excused for unspecified personal reasons Thursday morning in Strafford County Superior Court after two days of deliberations. Judge Tina Nadeau explained to jurors that the one member would be replaced by a male alternate who was present throughout the trial, but not for deliberations. Therefore, Nadeau said, deliberations started at the beginning to ensure a fair verdict for the defendant.
Judge Nadeau has not yet sentenced Evans. He faces possible life in prison for the second-degree murder charge.
Amanda Bortner will be tried in March on two charges of endangering the welfare of her child.
Emotional Evans gets 28 years to life for tot's murder
April 17, 2002 - Source: Portsmouth Herald
DOVER — A tearful Chad Evans expressed remorse Tuesday for the beating death of 21-month old Kassidy Bortner, just moments before he was sentenced to 28 years to life in prison.
In his remarks, Chad E. Evans did not admit to killing the toddler but said his heart goes out to both families and most of all to Kassidy.
"Not a minute has gone by since the fall of 2000 that I don't feel shame and regret for the things I've done," Evans told the court.
He then turned to his former girlfriend and Kassidy's mother, Amanda Bortner, to address her as well. "Amanda, I'm so sorry for the emptiness you will feel for the rest of your life," he said. "You and Kassidy deserved a lot more. I'm really sorry."
After deliberating nearly 14 hours in the days before Christmas, a jury found Evans, now 31, guilty of second-degree murder in the toddler's death. He was also convicted of five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child's mother.
Amanda Bortner, who will also be tried in June on child endangerment charges, was among the many who spoke at Evans' sentencing in Strafford County Superior Court.
"I miss her smile," Bortner said. "The thought of never being able to touch her again is more than I could ever bear."
But Bortner asked the judge for mercy on her former boyfriend and said without Evans she wouldn't have gotten through the difficult times after losing her only child.
"No one is innocent," she said, looking back briefly at her family. "We all failed Kassidy."
Bortner said she was surprised everyone is now concerned about justice for Kassidy because they did not seem to care about her when she was alive.
But her family had a different point of view. In fact, four of her relatives told the court how much pain Evans has caused and said justice must be served.
Bortner's mother, Jacqueline Conley, spoke directly to Evans.
"How could you look in her blue eyes when you beat her up?" she said.
Jennifer Bortner Conley, Kassidy's aunt and Amanda Bortner's sister, said Evans never showed any remorse at any time.
But Evans' family and friends described him in a different light.
His brother, Jason Evans, talked about childhood memories. He said his brother was always interested in helping others and gave the court examples ranging from sitting with the elderly to giving Christmas gifts to homeless children.
Jason Evans also said his brother was once recognized by the state of New Hampshire for pulling three boys from a burning car after he came upon the accident.
And longtime friend Vanessa Manson also begged the court for mercy.
"I'm not saying Chad is perfect or that everything he did with Kassidy was right, but he's a good person," she said. "We love Chad and need him in our lives."
Evans then wiped tears from his face when his friend Jeremy Hilton said tearfully, "Chad Evans, you've made this world a better place."
The prosecution requested Judge Tina Nadeau consider the "brutality of the abuse" and asked her to hand down a sentence of 60 years to life.
Senior assistant district attorney Simon Brown said Kassidy was a healthy, normal girl before Evans entered into her life. The abuse she endured occurred over several months, with "one, final, awful beating," he said.
Brown said Evans picked Kassidy up by her neck, routinely smacked her mouth and often grabbed her in the face so hard he left bruises.
"Kassidy's last months of her living life was hell," Brown said. "Kassidy was 2-feet-9-inches tall and 22.2 pounds. There are no excuses for what he did."
And Evans killed Kassidy's spirit long before he caused her untimely death, Brown added.
Defense attorneys Mark Sisti and Alan J. Cronheim reminded the judge that this is a second-degree murder conviction, not first-degree.
They suggested that less than 45 years would be an appropriate sentence for their client.
"Two years ago he was a fine, productive American citizen," Sisti said.
Nadeau delivered the sentence after a short recess.
"I tried to come up with a sentence that will help Kassidy rest in peace," Nadeau said.
The judge then looked directly at Evans and said, "Until today, I've seen a man who showed no sign of remorse. I hope one day you find the courage to tell your family and Amanda Bortner what you did to Kassidy."
Nadeau disagreed with the state attorneys and said a 28-years-to-life sentence was appropriate for the crime and comparable to sentences previously handed down in New Hampshire for similar crimes.
She said only two other second-degree murder cases received 45 years to life, and those defendants had stabbed their victims to death.
Evans will be eligible for parole when he is 59 years old, Nadeau said. If he is released at that time and then violates the conditions of his parole, he would be sent back to prison for another 15-year sentence. If he were released again, Evans would be on parole for life.
"No sentence can bring back Kassidy's life," Nadeau said. "No child deserves the pain Kassidy endured."
The judge then told everyone in the courtroom to never let what happen to Kassidy happen to another child. She said everyone should report suspected abuse.
Evans, wearing an orange prison jumpsuit, was then handcuffed and escorted out of the courtroom. As he left his family and friends shouted, "We love you! We believe in you Chad!"
Outside the courtroom, Evans' father was the only family member to respond to questions and said the family stands behind Chad and believes he's "100 percent" innocent.
Sisti and Cronheim said they anticipate they will appeal the decision. They have 30 days to do so.
Brown said he was disappointed with Nadeau's decision and said the judge relied on old rulings. He said the sentencing was the "last chapter in a long process."
"We like to think in the last decade, we've learned a bit more about sentencing and the appropriate sentence in these sorts of cases."
The attorney also said he found that many people seemed to forget that this was about a little girl who died so tragically.
"Nobody mentioned Kassidy," he said.
April 17, 2002 - Source: Portsmouth Herald
DOVER — A tearful Chad Evans expressed remorse Tuesday for the beating death of 21-month old Kassidy Bortner, just moments before he was sentenced to 28 years to life in prison.
In his remarks, Chad E. Evans did not admit to killing the toddler but said his heart goes out to both families and most of all to Kassidy.
"Not a minute has gone by since the fall of 2000 that I don't feel shame and regret for the things I've done," Evans told the court.
He then turned to his former girlfriend and Kassidy's mother, Amanda Bortner, to address her as well. "Amanda, I'm so sorry for the emptiness you will feel for the rest of your life," he said. "You and Kassidy deserved a lot more. I'm really sorry."
After deliberating nearly 14 hours in the days before Christmas, a jury found Evans, now 31, guilty of second-degree murder in the toddler's death. He was also convicted of five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child's mother.
Amanda Bortner, who will also be tried in June on child endangerment charges, was among the many who spoke at Evans' sentencing in Strafford County Superior Court.
"I miss her smile," Bortner said. "The thought of never being able to touch her again is more than I could ever bear."
But Bortner asked the judge for mercy on her former boyfriend and said without Evans she wouldn't have gotten through the difficult times after losing her only child.
"No one is innocent," she said, looking back briefly at her family. "We all failed Kassidy."
Bortner said she was surprised everyone is now concerned about justice for Kassidy because they did not seem to care about her when she was alive.
But her family had a different point of view. In fact, four of her relatives told the court how much pain Evans has caused and said justice must be served.
Bortner's mother, Jacqueline Conley, spoke directly to Evans.
"How could you look in her blue eyes when you beat her up?" she said.
Jennifer Bortner Conley, Kassidy's aunt and Amanda Bortner's sister, said Evans never showed any remorse at any time.
But Evans' family and friends described him in a different light.
His brother, Jason Evans, talked about childhood memories. He said his brother was always interested in helping others and gave the court examples ranging from sitting with the elderly to giving Christmas gifts to homeless children.
Jason Evans also said his brother was once recognized by the state of New Hampshire for pulling three boys from a burning car after he came upon the accident.
And longtime friend Vanessa Manson also begged the court for mercy.
"I'm not saying Chad is perfect or that everything he did with Kassidy was right, but he's a good person," she said. "We love Chad and need him in our lives."
Evans then wiped tears from his face when his friend Jeremy Hilton said tearfully, "Chad Evans, you've made this world a better place."
The prosecution requested Judge Tina Nadeau consider the "brutality of the abuse" and asked her to hand down a sentence of 60 years to life.
Senior assistant district attorney Simon Brown said Kassidy was a healthy, normal girl before Evans entered into her life. The abuse she endured occurred over several months, with "one, final, awful beating," he said.
Brown said Evans picked Kassidy up by her neck, routinely smacked her mouth and often grabbed her in the face so hard he left bruises.
"Kassidy's last months of her living life was hell," Brown said. "Kassidy was 2-feet-9-inches tall and 22.2 pounds. There are no excuses for what he did."
And Evans killed Kassidy's spirit long before he caused her untimely death, Brown added.
Defense attorneys Mark Sisti and Alan J. Cronheim reminded the judge that this is a second-degree murder conviction, not first-degree.
They suggested that less than 45 years would be an appropriate sentence for their client.
"Two years ago he was a fine, productive American citizen," Sisti said.
Nadeau delivered the sentence after a short recess.
"I tried to come up with a sentence that will help Kassidy rest in peace," Nadeau said.
The judge then looked directly at Evans and said, "Until today, I've seen a man who showed no sign of remorse. I hope one day you find the courage to tell your family and Amanda Bortner what you did to Kassidy."
Nadeau disagreed with the state attorneys and said a 28-years-to-life sentence was appropriate for the crime and comparable to sentences previously handed down in New Hampshire for similar crimes.
She said only two other second-degree murder cases received 45 years to life, and those defendants had stabbed their victims to death.
Evans will be eligible for parole when he is 59 years old, Nadeau said. If he is released at that time and then violates the conditions of his parole, he would be sent back to prison for another 15-year sentence. If he were released again, Evans would be on parole for life.
"No sentence can bring back Kassidy's life," Nadeau said. "No child deserves the pain Kassidy endured."
The judge then told everyone in the courtroom to never let what happen to Kassidy happen to another child. She said everyone should report suspected abuse.
Evans, wearing an orange prison jumpsuit, was then handcuffed and escorted out of the courtroom. As he left his family and friends shouted, "We love you! We believe in you Chad!"
Outside the courtroom, Evans' father was the only family member to respond to questions and said the family stands behind Chad and believes he's "100 percent" innocent.
Sisti and Cronheim said they anticipate they will appeal the decision. They have 30 days to do so.
Brown said he was disappointed with Nadeau's decision and said the judge relied on old rulings. He said the sentencing was the "last chapter in a long process."
"We like to think in the last decade, we've learned a bit more about sentencing and the appropriate sentence in these sorts of cases."
The attorney also said he found that many people seemed to forget that this was about a little girl who died so tragically.
"Nobody mentioned Kassidy," he said.
State seeks stiffer sentence for man who killed toddler
April 23, 2002 - Source: Portsmouth Herald
DOVER - Prosecutors have filed an application for sentence review in the case of a former Rochester man convicted of killing 21-month-old Kassidy Bortner.
Senior Assistant Attorney General Simon Brown said Monday the prosecution is asking a three-judge panel to review Chad E. Evans' 28-year sentence for the second-degree murder of the toddler.
"Obviously by filing this we are seeking review of the sentence because we disagree with the final sentence imposed in this case," Brown said.
Evans, 30, was convicted in December of the second-degree murder charge and seven other charges relating to the crime.
Prosecutors in Strafford County Superior Court last week requested that Evans be sentenced to 60 years to life for the brutal crime.
Judge Tina Nadeau, however, said 28 years to life was appropriate and comparable to other sentences handed down previously in New Hampshire.
Brown said it's up to the discretion of the sentence-review board whether to hold a hearing on the matter. The decision to change Evans' sentence, however, can be made with or without a hearing, Brown said.
Such a decision could take several months, he added.
The three-judge panel would need to go over the transcript of Evans' sentencing, and possibly other documents as well, Brown said.
The state has not requested a specific number of years to be added to Evans' sentencing, and no other papers have been filed to date.
Defense attorney Mark Sisti told the Herald last week that the prosecution had asked for a "ridiculous" sentence.
Mother of slain toddler remains out on bail
September 14, 2002 - Source: Portsmouth Herald
EPPING - Amanda Bortner, who faces charges relating to the November 2000 death of her 21-month-old daughter, remains free despite the fact that she violated conditions of her release.
Bortner, 20, is awaiting trial on child endangerment charges related to the beating death of her daughter, Kassidy. She was charged in August with transporting alcohol by a minor, a violation of her bail conditions.
David Ruoff, a lawyer prosecuting Bortner on the child endangerment charges for the state attorney general’s office, filed a motion to revoke Bortner’s bail this week after he learned about Bortner’s recent arrest.
But Judge Tina Nadeau denied Ruoff’s request and instead added additional conditions to Bortner’s release, a clerk at the Strafford County Superior Court said.
Those conditions include: reporting in person to the Department of Probation; being subjected to random urinalysis; obeying a 10 p.m. curfew unless working; having no association with known felons; not possessing alcohol at any time; informing her probation officer of any change of address or telephone numbers; and refraining from violating any New Hampshire laws.
Nadeau was also the judge who presided over the second-degree murder trial of Chad E. Evans, Bortner’s boyfriend. He was convicted of the toddler’s death in December 2001 and was sentenced to 28 years to life in prison earlier this year for second-degree murder.
Transporting alcohol by a minor is a violation punishable by a fine of up to $1,000 and possible loss of driver’s license for up to 60 days. Bortner will be arraigned on that charge Oct. 4 in Exeter District Court, police said.
Bortner’s trial on two charges of endangering the welfare of her child is scheduled to begin in November. Officials allege that Bortner knew her child was being beaten but did nothing to stop the ongoing abuse.
Kassidy weighed just 22 pounds when she died on Nov. 9, 2000, from complications of the physical abuse inflicted by Evans. She died of blunt-force trauma to the head, according to the Maine medical examiner’s office.
Jury selection for that case will begin Nov. 18 and Bortner is scheduled to appear in court for a final pretrial hearing on Nov. 7, the court clerk said.
DOVER - A mother charged with not protecting her daughter from fatal abuse told police that her boyfriend was responsible for the toddler’s death, a Maine State Police detective testified Thursday.
Detective Angela Blodgett interviewed Amanda Bortner twice on the day her 21-month-old Kassidy died in November 2000 and twice in the following weeks.
At Bortner’s trial on child endangerment charges, Blodgett referred to transcripts of those interviews, saying Bortner told her that if Kassidy died of head injuries, Chad Evans was responsible for her death.
Evans is serving 28 years to life in prison after being convicted of second-degree murder last December. Bortner faces up to two years in jail if convicted on misdemeanor child endangerment charges.
In the days after the toddler’s death, Bortner told police Evans had been abusing her daughter for more than a month. But at his trial, she backed off her earlier claims and implicated Kassidy’s baby sitter.
Blodgett testified that Bortner gave her a detailed description of how Evans abused the girl, however.
"She described to me how he would pick up Kassidy by the arm and/or by the face and throw her into the corner hard enough that she would hit her head sometimes," Blodgett said.
Also testifying Thursday was Melissa Chick of Sanford, Maine, who said she saw bruises on Kassidy many times after Bortner started living with Evans.
DOVER - The prosecution rested its case Friday against Amanda Bortner, who is charged with not protecting her 21-month-old daughter from the beating that caused her death.
Bortner, 20, is expected to take the stand in her own defense Monday morning in Strafford County Superior Court. No other witnesses are expected to testify in her defense, the prosecution has said.
Just days before Christmas last year, a jury convicted Bortner’s boyfriend, Chad E. Evans, for beating Kassidy to death. Evans, now 31, was sentenced to 28 years to life in prison for second-degree murder. And now, only days before Thanksgiving, his girlfriend awaits a verdict in her own case.
The state alleges Bortner, of Rochester, knew Evans was beating her daughter for months, but did nothing to stop the abuse. The prosecution also alleges that Bortner neglected to seek medical treatment for Kassidy’s injuries. If convicted of the two counts of endangering the welfare of her child, Bortner could spend up to a total of two years in jail.
Patricia Weiberg, Bortner’s attorney, declined to comment on the trial Friday afternoon. Bortner also told the Herald she did not want to comment about her case until it was over.
The trial so far has mirrored much of the testimony covered in the Evans case.
The prosecution has called several witnesses, including Bortner’s sister, Jennifer Bortner Conley. Conley’s boyfriend, F. Jeffrey Marshall, who often baby-sat Kassidy, was called to the stand earlier this week.
Others who testified for the prosecution included several police investigators and friends of Bortner.
David Ruoff, a lawyer prosecuting the case for the state attorney general’s office, told the jury Bortner watched Evans abuse the little girl over a period of several months. Examples of the abuse she witnessed, he said, included "Evans throwing the toddler into walls and doors, holding Kassidy’s face under water to stop her from crying," and grabbing her in the face so hard that he left bruises on her cheeks revealing fingerprints.
He also said Bortner failed to take Kassidy to a doctor or to the hospital for medical treatment for those injuries. And on the morning Kassidy died, Bortner drove near three area hospitals before dropping off Kassidy at the baby sitter’s home in Kittery, Maine, Ruoff told jurors.
Kassidy died on Nov. 9, 2000, from complications of physical abuse, the medical examiner testified in the Evans trial.
Evans is appealing his conviction.
Bortner found guilty
November 26, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner wept in the courtroom Monday as the jury foreman delivered guilty verdicts on two counts of endangering the welfare of her 21-month-old child, who was beaten to death.
"The truth will come out," Bortner, 20, told reporters as, escorted by her boyfriend’s mother, she left Strafford County Superior Court Monday.
Bortner, who unexpectedly did not testify in her own defense, said very little when she left the courthouse. But when asked if she would appeal the decision, she replied, "Of course."
The prosecution alleged Bortner knew her boyfriend, Chad E. Evans, was beating her daughter Kassidy, but did nothing to stop the abuse. Bortner also failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans, said prosecutor David Ruoff.
Both the defense and prosecution used photographs of Kassidy during their closing remarks, but the pictures were very different.
Defense attorney Patricia Weiberg showed a poster-sized picture of Kassidy as she stood next to a dog smiling. The little girl had no visual bruises or marks in that photo.
"It’s awful she died," Weiberg told the jury. "No one realized, least of all Amanda, what was going on with Kassidy. Who would ever think a child is being tortured by people she trusted? Yes, she should have known what was happening. Yes, she should have realized. But she didn’t."
Ruoff, prosecuting the case for the state attorney general’s office, showed autopsy photos taken a few hours after the toddler died.
The photos revealed a dark bruise around one eye and other dark bruises and wounds on her face and abdomen. "This was the price (Bortner) was willing to pay to live in comfort," Ruoff said.
Bortner watched Evans pick Kassidy up by her leg and head and toss her around, Ruoff told jurors. She also witnessed him hold Kassidy’s head under running water to stop her from crying, grabbing her in the face so hard that he left bruising on her cheeks showing finger prints.
"It was a violent relationship and Amanda Bortner knew it," Ruoff said.
But Bortner was afraid if she took the child for medical treatment or to a day care, someone would intervene, according to Ruoff.
"Her boyfriend, who was on probation, would get into trouble," Ruoff said. "Wouldn’t that burst her little bubble?"
Ruoff said Bortner had told concerned friends and family she would take Kassidy to seek medical treatment when the bruises went away. "Well guess what - (the bruises) never went away."
Ruoff asked the jury to write the final chapter in the story of Kassidy’s short life. "Let the last chapter in the book of her life end in one word - guilty."
Closing remarks were finished just before noon and the jury took only a few hours to reach a verdict.
Bortner faces up to two years in prison on the misdemeanor charges, and she will likely be sentenced in January, Judge Tina Nadeau said.
After the trial, Ruoff said he would most likely ask the judge for the maximum sentence.
"This is probably the worst case of child endangerment you can imagine," he said.
Outside the courtroom, Jason Evans, Chad Evans’ brother, spoke briefly but emotionally about the past two years. "It’s tough on everybody. We feel deeply for Kassidy. All of our thoughts and hearts go out to her."
The Bortner-Conley and Marshall families issued a statement as well, thanking the investigators and attorney general’s office. "This has been a drawn-out nightmare for Kassidy’s family. We first lost Kassidy and then later Amanda as well. We really do care about Amanda, but we feel she needs to accept responsibility for her role in Kassidy’s death. Finally, Kassidy is going to be put to rest."
CONCORD - Information obtained during the investigation of the beating death of 21-month-old Kassidy Bortner of Rochester at the hands of her mother’s boyfriend prompted the development of the Kassidy Bortner Child Protection Accountability Act, said Steve Varnum of the Children’s Alliance of New Hampshire.
Information gleaned from testimony during the trial of the child’s killer, Chad Evans, on second-degree murder charges, revealed the state Division for Children, Youth and Families (DCYF) received reports Kassidy was being abused eight days before the child was killed in November 2000. No case worker visited the Bortner home during the period between the time the reports were received and Kassidy’s death.
"We’re here because of something that has become obvious to ... us in the Statehouse and people throughout New Hampshire during recent months and years," said Sen. Andre Martel, R-Manchester, who is the primary sponsor of the legislation. "New Hampshire’s child protection system is not doing enough to protect children."
Martel made that statement at a press conference Monday at which he was surrounded by supporters of the bill, including Democratic Sens. Burt Cohen of New Castle and Iris Estabrook of Rochester. The primary sponsor in the House is Rep. Marge Hallyburton, R-Lyndeborough, and other supporters include Child and Family Services, the Children’s Alliance of New Hampshire, N.H. Court Appointed Special Advocates (CASA), NFI North and Prevent Child Abuse New Hampshire.
The proposed legislation would require:
* DCYF to develop an annual plan directly to the Legislature and governor that, if implemented, would move the agency toward national accreditation by the Council on Accreditation for Children and Family Services by June 2007. Currently, only Illinois and Kentucky have received accreditation by that agency. The required DCYF plan would include staffing requirements, a timetable for achieving them and the costs involved
* The Office of the Legislative Budget Assistant, which is the auditing arm of state government, to annually review the DCYF plan. All these reports would be public documents.
* DCYF to release to the public specific non-identifying information related to its response and preventative actions in every case of fatal and near-fatal child abuse or neglect. The draft of the proposed legislation is critical of the job DCYF is currently doing to ensure the safety of the state’s children.
"Although the ultimate responsibility for Kassidy’s death lies with her convicted murderer, the General Court finds that her death also reveals the inability of the Division for Children, Youth and Families to meet its General Court-mandated responsibility to protect some vulnerable children at critical times," the draft legislation reads.
Nancy Rollins, DCYF director, took issue with the language in the proposed legislation.
"It’s not helpful and it doesn’t help the morale of the people who work for this agency," she said. "The Division won’t testify against the bill, but I am concerned about the inflammatory language it contains."
Rollins said DCYF has already made "significant inroads" in the areas of accountability and training. She said her agency has been working toward accreditation, which she called "the gold standard for child services," for some time.
"I don’t concur with the statements made in the proposed legislation in terms of things like accountability," the DCYF director said. "We’ve been continuing to move forward." Rollins stated her opinion that no single agency can or should be the sole protector of vulnerable children.
"It should be remembered that child protection is a community responsibility, and that Chad Evans was convicted and is solely responsible for the death of Kassidy Bortner," she said.
Rollins’ statement was bolstered by remarks made by Jacqueline Conley of Buckfield, Maine, Kassidy’s grandmother and the mother of Amanda Bortner, who was recently sentenced to two years in prison on a child endangerment charge stemming from her failure to protect her child from Evans’ attacks.
Conley spoke in favor of the legislation at Monday’s press conference.
"I found out during Chad Evans’ murder trial that at least a dozen people thought Kassidy was being abused," she said tearfully. "People need to get involved, but they also need to know someone will respond and protect the child if they do."
Rollins said she also had concerns about the legislation’s requirements to make certain information available to the public. She indicated that a Child Fatality Review Committee within the attorney general’s office already has the ability to review the details in cases like Bortner’s, and that there is a real question about balancing what information is available to the public against violating the rights of a family to privacy.
"I feel there is already a very legitimate avenue available for a review of the actions of this agency," she said.
Late last year, the Legislative Fiscal Committee denied a request by the Department of Health and Human Services to hire 60 more case workers and attorneys for DCYF. The committee had questioned whether hiring more staff would make a difference in how the agency actually handled its cases.
Rollins contended that while the number of cases handled by her agency hadn’t increased substantially in recent years, the complexity of those cases had. They involved a number of variables other than simply how best to protect the children involved, including mental illness components and biological parents versus paramours, she said.
"The cases are more difficult and present more of a challenge to our resources," she said. "The thing that can be done most quickly that would have the most immediate benefit is to add additional positions."
However, Rollins said, she recognizes the issues involved in getting more resources while being part of a larger agency within state government.
"It’s always difficult in state government," she said. "There are always competing interests." Minimizing those competing interests is what this legislation is all about, said Ellen Shemitz, president of the Children’s Alliance of New Hampshire.
"The most important thing this bill says is that children are a priority," Shemitz said. "There has to be a needs-based assessment, rather than one based on how much money the state has available."
Martel said he has discussed the Kassidy Bortner legislation with Keith Herman, Gov. Craig Benson’s policy adviser, but has yet to get a firm commitment from the governor to back the bill. He said he expects to have more conversations with Benson on this issue.
September 14, 2002 - Source: Portsmouth Herald
EPPING - Amanda Bortner, who faces charges relating to the November 2000 death of her 21-month-old daughter, remains free despite the fact that she violated conditions of her release.
Bortner, 20, is awaiting trial on child endangerment charges related to the beating death of her daughter, Kassidy. She was charged in August with transporting alcohol by a minor, a violation of her bail conditions.
David Ruoff, a lawyer prosecuting Bortner on the child endangerment charges for the state attorney general’s office, filed a motion to revoke Bortner’s bail this week after he learned about Bortner’s recent arrest.
But Judge Tina Nadeau denied Ruoff’s request and instead added additional conditions to Bortner’s release, a clerk at the Strafford County Superior Court said.
Those conditions include: reporting in person to the Department of Probation; being subjected to random urinalysis; obeying a 10 p.m. curfew unless working; having no association with known felons; not possessing alcohol at any time; informing her probation officer of any change of address or telephone numbers; and refraining from violating any New Hampshire laws.
Nadeau was also the judge who presided over the second-degree murder trial of Chad E. Evans, Bortner’s boyfriend. He was convicted of the toddler’s death in December 2001 and was sentenced to 28 years to life in prison earlier this year for second-degree murder.
Transporting alcohol by a minor is a violation punishable by a fine of up to $1,000 and possible loss of driver’s license for up to 60 days. Bortner will be arraigned on that charge Oct. 4 in Exeter District Court, police said.
Bortner’s trial on two charges of endangering the welfare of her child is scheduled to begin in November. Officials allege that Bortner knew her child was being beaten but did nothing to stop the ongoing abuse.
Kassidy weighed just 22 pounds when she died on Nov. 9, 2000, from complications of the physical abuse inflicted by Evans. She died of blunt-force trauma to the head, according to the Maine medical examiner’s office.
Jury selection for that case will begin Nov. 18 and Bortner is scheduled to appear in court for a final pretrial hearing on Nov. 7, the court clerk said.
Trial date set for Bortner
November 8, 2002 - Source: Portsmouth Herald
DOVER - A Rochester woman who faces charges relating to the November 2000 beating death of her 21-month-old daughter appeared in court for a final pretrial hearing Thursday morning.
Amanda Bortner, 20, will go to trial on Nov. 18 on child endangerment charges related to the beating death of her daughter, Kassidy, who died on Nov. 9, 2000, of complications resulting from the physical abuse inflicted by Chad E. Evans, Bortner’s boyfriend. Evans, now 31, was sentenced to 28 years to life in prison earlier this year for second-degree murder.
There has been no defense witness list filed at this time, according to David Ruoff, who is prosecuting the case for the state attorney general’s office.
However, the prosecution has listed 17 witnesses to testify against Bortner, Ruoff said Thursday outside the courtroom. One of those witnesses, he said, will be flying in from Texas.
Ruoff said he could not comment further on specifics of the state’s case.
Bortner and her attorney, Patricia Weiberg, declined to comment after the hearing.
Ruoff said he is expecting the trial to last five days and the prosecution has not offered a plea agreement to Bortner.
If Bortner is convicted, Ruoff said he would ask the court to hand down the maximum sentence - up to one year in jail for each of the two counts.
Jury selection in Bortner’s trial on two charges of endangering the welfare of her child is scheduled to begin Nov. 18. The trial will likely begin immediately after jury selection, at 1 p.m., Ruoff said.
Officials allege that Bortner knew her child was being beaten but did nothing to stop the ongoing abuse. Bortner has pleaded not guilty to the charges.
Last year, after deliberating nearly 14 hours in the days before Christmas, a jury found Evans guilty of second-degree murder in the toddler’s death. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Evans is currently appealing his conviction, but no further information is available about the status of that appeal, attorney Mark Sisti said Thursday afternoon.
November 8, 2002 - Source: Portsmouth Herald
DOVER - A Rochester woman who faces charges relating to the November 2000 beating death of her 21-month-old daughter appeared in court for a final pretrial hearing Thursday morning.
Amanda Bortner, 20, will go to trial on Nov. 18 on child endangerment charges related to the beating death of her daughter, Kassidy, who died on Nov. 9, 2000, of complications resulting from the physical abuse inflicted by Chad E. Evans, Bortner’s boyfriend. Evans, now 31, was sentenced to 28 years to life in prison earlier this year for second-degree murder.
There has been no defense witness list filed at this time, according to David Ruoff, who is prosecuting the case for the state attorney general’s office.
However, the prosecution has listed 17 witnesses to testify against Bortner, Ruoff said Thursday outside the courtroom. One of those witnesses, he said, will be flying in from Texas.
Ruoff said he could not comment further on specifics of the state’s case.
Bortner and her attorney, Patricia Weiberg, declined to comment after the hearing.
Ruoff said he is expecting the trial to last five days and the prosecution has not offered a plea agreement to Bortner.
If Bortner is convicted, Ruoff said he would ask the court to hand down the maximum sentence - up to one year in jail for each of the two counts.
Jury selection in Bortner’s trial on two charges of endangering the welfare of her child is scheduled to begin Nov. 18. The trial will likely begin immediately after jury selection, at 1 p.m., Ruoff said.
Officials allege that Bortner knew her child was being beaten but did nothing to stop the ongoing abuse. Bortner has pleaded not guilty to the charges.
Last year, after deliberating nearly 14 hours in the days before Christmas, a jury found Evans guilty of second-degree murder in the toddler’s death. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Evans is currently appealing his conviction, but no further information is available about the status of that appeal, attorney Mark Sisti said Thursday afternoon.
Bortner back in court today
November 18, 2002 - Source: Portsmouth Herald
DOVER - The trial for a Rochester woman will begin today on charges relating to the November 2000 beating death of her 21-month-old daughter.
Officials allege that Amanda Bortner, 20, knew her boyfriend was beating her child, Kassidy, but did nothing to stop the ongoing abuse.
Kassidy died at her baby sitter’s home in Kittery, Maine, on Nov. 9, 2000, of complications from the physical abuse inflicted by Chad E. Evans, Bortner’s boyfriend. Evans, now 31, was found guilty of second-degree murder in the toddler’s death just days before Christmas 2001. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Today, the mother will stand trial for what officials say was her part in the little girl’s untimely death. Bortner has pleaded not guilty to the charges: two counts of endangering the welfare of a child.
Jury selection will start at 9 a.m. in Strafford County Superior Court; officials said they expected testimony from the prosecution to begin by midday.
There has been no defense witness list filed yet, according to David Ruoff, who is prosecuting the case for the state attorney general’s office.
The prosecution has listed 17 witnesses to be called to testify against Bortner, Ruoff said recently. One of those witnesses will be flying in from Texas, he added.
Ruoff said he could not comment further on specifics about the state’s case.
Bortner and her attorney, Patricia Weiberg, declined to comment on the case after a pre-trial conference hearing on Nov. 7.
Ruoff said he expects the trial to last five days, and the prosecution has not offered a plea agreement to Bortner.
If Bortner is convicted, Ruoff said he would ask the court to hand down the maximum sentence - up to one year in jail for each of the two counts.
Evans was sentenced to 28 years to life in prison. He is currently appealing his conviction, but no further information is available about the status of that appeal, attorney Mark Sisti said.
November 18, 2002 - Source: Portsmouth Herald
DOVER - The trial for a Rochester woman will begin today on charges relating to the November 2000 beating death of her 21-month-old daughter.
Officials allege that Amanda Bortner, 20, knew her boyfriend was beating her child, Kassidy, but did nothing to stop the ongoing abuse.
Kassidy died at her baby sitter’s home in Kittery, Maine, on Nov. 9, 2000, of complications from the physical abuse inflicted by Chad E. Evans, Bortner’s boyfriend. Evans, now 31, was found guilty of second-degree murder in the toddler’s death just days before Christmas 2001. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Today, the mother will stand trial for what officials say was her part in the little girl’s untimely death. Bortner has pleaded not guilty to the charges: two counts of endangering the welfare of a child.
Jury selection will start at 9 a.m. in Strafford County Superior Court; officials said they expected testimony from the prosecution to begin by midday.
There has been no defense witness list filed yet, according to David Ruoff, who is prosecuting the case for the state attorney general’s office.
The prosecution has listed 17 witnesses to be called to testify against Bortner, Ruoff said recently. One of those witnesses will be flying in from Texas, he added.
Ruoff said he could not comment further on specifics about the state’s case.
Bortner and her attorney, Patricia Weiberg, declined to comment on the case after a pre-trial conference hearing on Nov. 7.
Ruoff said he expects the trial to last five days, and the prosecution has not offered a plea agreement to Bortner.
If Bortner is convicted, Ruoff said he would ask the court to hand down the maximum sentence - up to one year in jail for each of the two counts.
Evans was sentenced to 28 years to life in prison. He is currently appealing his conviction, but no further information is available about the status of that appeal, attorney Mark Sisti said.
Bortner trial on child-endangerment charges begins
November 19, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner did not purposely endanger the welfare of her 21-month-old daughter, Kassidy, who was beaten to death, her attorney told jurors during opening statements Monday.
Bortner’s boyfriend, Chad E. Evans, 31, was convicted of second-degree murder last year in the toddler’s November 2000 death. Bortner, 20, is now on trial in Strafford County Superior Court for two counts of endangering the welfare of her child. She has pleaded not guilty to the charges.
The state alleges Bortner, of Rochester, knew Evans had been beating her daughter for months, but did nothing to stop the abuse. The prosecution also alleges that Bortner neglected to seek medical treatment for Kassidy’s injuries.
The trial began at 1 p.m. on Monday, just hours after the jury was selected. David Ruoff, who is prosecuting the case for the state attorney general’s office, said he expects the trial to last at least five days.
In his opening remarks, Ruoff said the state would prove that Bortner is guilty beyond a reasonable doubt of the child endangerment charges related to Kassidy’s beating death.
Weeks before she died, Kassidy endured continual abuse and suffered from many injuries, including two broken arms, a broken leg and bruises all over her face, the prosecutor said in the opening remarks.
"All Kassidy could do is cry out to her mother," Ruoff told the four female and nine male jurors.
But, Ruoff added, Bortner did not respond to those pleas.
He told the jury that Bortner watched Evans abuse the little girl over a period of several months. Examples of the abuse she witnessed, he said, included "Evans throwing the toddler into walls and doors, holding Kassidy’s face under water to stop her from crying" and grabbing her in the face so hard that he left bruises on her cheeks revealing fingerprints.
He also said Bortner failed to take Kassidy to a doctor or to the hospital for medical treatment for those injuries.
And on the morning Kassidy died, Ruoff told the jurors, Bortner drove near three area hospitals before dropping Kassidy off at the baby sitter’s home in Kittery, Maine.
Kassidy died at her baby sitter’s home on Nov. 9, 2000, of complications from physical abuse, the medical examiner testified in the Evans trial.
The prosecution on Monday called its first witness - F. Jeffrey Marshall - who often watched Kassidy and who was the last person to see her alive.
Marshall testified about the bruises he saw on the toddler during the time he watched her and told jurors about the girl’s last day of life.
During Evans’ trial in December 2001, his attorneys blamed Kassidy’s death on Marshall. The baby sitter said those accusations are completely false.
Bortner’s attorney, Patricia Weiberg, attempted to downgrade Marshall’s remarks by suggesting his testimony was inconsistent with his written statements, which he handed to police the day Kassidy died.
Members of the jury frequently looked at Bortner for reaction.
Bortner mostly sat still, occasionally wiping tears from her face, and frequently conversing with her attorney.
If Bortner is convicted, the prosecutor has said he would ask the court to impose the maximum sentence - up to one year in jail for each of the two counts.
Seventeen witnesses are listed to testify against Bortner. One of those witnesses is flying in from Texas, Ruoff has said.
The prosecution’s case will resume this morning with continuing testimony from Marshall, said Judge Tina Nadeau.
Evans was found guilty of second-degree murder in Kassidy’s death just days before Christmas last year. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Evans was sentenced to 28 years to life in prison. He is currently appealing his conviction.
November 19, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner did not purposely endanger the welfare of her 21-month-old daughter, Kassidy, who was beaten to death, her attorney told jurors during opening statements Monday.
Bortner’s boyfriend, Chad E. Evans, 31, was convicted of second-degree murder last year in the toddler’s November 2000 death. Bortner, 20, is now on trial in Strafford County Superior Court for two counts of endangering the welfare of her child. She has pleaded not guilty to the charges.
The state alleges Bortner, of Rochester, knew Evans had been beating her daughter for months, but did nothing to stop the abuse. The prosecution also alleges that Bortner neglected to seek medical treatment for Kassidy’s injuries.
The trial began at 1 p.m. on Monday, just hours after the jury was selected. David Ruoff, who is prosecuting the case for the state attorney general’s office, said he expects the trial to last at least five days.
In his opening remarks, Ruoff said the state would prove that Bortner is guilty beyond a reasonable doubt of the child endangerment charges related to Kassidy’s beating death.
Weeks before she died, Kassidy endured continual abuse and suffered from many injuries, including two broken arms, a broken leg and bruises all over her face, the prosecutor said in the opening remarks.
"All Kassidy could do is cry out to her mother," Ruoff told the four female and nine male jurors.
But, Ruoff added, Bortner did not respond to those pleas.
He told the jury that Bortner watched Evans abuse the little girl over a period of several months. Examples of the abuse she witnessed, he said, included "Evans throwing the toddler into walls and doors, holding Kassidy’s face under water to stop her from crying" and grabbing her in the face so hard that he left bruises on her cheeks revealing fingerprints.
He also said Bortner failed to take Kassidy to a doctor or to the hospital for medical treatment for those injuries.
And on the morning Kassidy died, Ruoff told the jurors, Bortner drove near three area hospitals before dropping Kassidy off at the baby sitter’s home in Kittery, Maine.
Kassidy died at her baby sitter’s home on Nov. 9, 2000, of complications from physical abuse, the medical examiner testified in the Evans trial.
The prosecution on Monday called its first witness - F. Jeffrey Marshall - who often watched Kassidy and who was the last person to see her alive.
Marshall testified about the bruises he saw on the toddler during the time he watched her and told jurors about the girl’s last day of life.
During Evans’ trial in December 2001, his attorneys blamed Kassidy’s death on Marshall. The baby sitter said those accusations are completely false.
Bortner’s attorney, Patricia Weiberg, attempted to downgrade Marshall’s remarks by suggesting his testimony was inconsistent with his written statements, which he handed to police the day Kassidy died.
Members of the jury frequently looked at Bortner for reaction.
Bortner mostly sat still, occasionally wiping tears from her face, and frequently conversing with her attorney.
If Bortner is convicted, the prosecutor has said he would ask the court to impose the maximum sentence - up to one year in jail for each of the two counts.
Seventeen witnesses are listed to testify against Bortner. One of those witnesses is flying in from Texas, Ruoff has said.
The prosecution’s case will resume this morning with continuing testimony from Marshall, said Judge Tina Nadeau.
Evans was found guilty of second-degree murder in Kassidy’s death just days before Christmas last year. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the child’s mother.
Evans was sentenced to 28 years to life in prison. He is currently appealing his conviction.
Bortner trial continues
November 22, 2002 - Source: Portsmouth Herald DOVER - A mother charged with not protecting her daughter from fatal abuse told police that her boyfriend was responsible for the toddler’s death, a Maine State Police detective testified Thursday.
Detective Angela Blodgett interviewed Amanda Bortner twice on the day her 21-month-old Kassidy died in November 2000 and twice in the following weeks.
At Bortner’s trial on child endangerment charges, Blodgett referred to transcripts of those interviews, saying Bortner told her that if Kassidy died of head injuries, Chad Evans was responsible for her death.
Evans is serving 28 years to life in prison after being convicted of second-degree murder last December. Bortner faces up to two years in jail if convicted on misdemeanor child endangerment charges.
In the days after the toddler’s death, Bortner told police Evans had been abusing her daughter for more than a month. But at his trial, she backed off her earlier claims and implicated Kassidy’s baby sitter.
Blodgett testified that Bortner gave her a detailed description of how Evans abused the girl, however.
"She described to me how he would pick up Kassidy by the arm and/or by the face and throw her into the corner hard enough that she would hit her head sometimes," Blodgett said.
Also testifying Thursday was Melissa Chick of Sanford, Maine, who said she saw bruises on Kassidy many times after Bortner started living with Evans.
Jury to hear from slain toddler’s mother
November 23, 2002 - Source: Portsmouth Herald DOVER - The prosecution rested its case Friday against Amanda Bortner, who is charged with not protecting her 21-month-old daughter from the beating that caused her death.
Bortner, 20, is expected to take the stand in her own defense Monday morning in Strafford County Superior Court. No other witnesses are expected to testify in her defense, the prosecution has said.
Just days before Christmas last year, a jury convicted Bortner’s boyfriend, Chad E. Evans, for beating Kassidy to death. Evans, now 31, was sentenced to 28 years to life in prison for second-degree murder. And now, only days before Thanksgiving, his girlfriend awaits a verdict in her own case.
The state alleges Bortner, of Rochester, knew Evans was beating her daughter for months, but did nothing to stop the abuse. The prosecution also alleges that Bortner neglected to seek medical treatment for Kassidy’s injuries. If convicted of the two counts of endangering the welfare of her child, Bortner could spend up to a total of two years in jail.
Patricia Weiberg, Bortner’s attorney, declined to comment on the trial Friday afternoon. Bortner also told the Herald she did not want to comment about her case until it was over.
The trial so far has mirrored much of the testimony covered in the Evans case.
The prosecution has called several witnesses, including Bortner’s sister, Jennifer Bortner Conley. Conley’s boyfriend, F. Jeffrey Marshall, who often baby-sat Kassidy, was called to the stand earlier this week.
Others who testified for the prosecution included several police investigators and friends of Bortner.
David Ruoff, a lawyer prosecuting the case for the state attorney general’s office, told the jury Bortner watched Evans abuse the little girl over a period of several months. Examples of the abuse she witnessed, he said, included "Evans throwing the toddler into walls and doors, holding Kassidy’s face under water to stop her from crying," and grabbing her in the face so hard that he left bruises on her cheeks revealing fingerprints.
He also said Bortner failed to take Kassidy to a doctor or to the hospital for medical treatment for those injuries. And on the morning Kassidy died, Bortner drove near three area hospitals before dropping off Kassidy at the baby sitter’s home in Kittery, Maine, Ruoff told jurors.
Kassidy died on Nov. 9, 2000, from complications of physical abuse, the medical examiner testified in the Evans trial.
Evans is appealing his conviction.
Bortner found guilty
November 26, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner wept in the courtroom Monday as the jury foreman delivered guilty verdicts on two counts of endangering the welfare of her 21-month-old child, who was beaten to death.
"The truth will come out," Bortner, 20, told reporters as, escorted by her boyfriend’s mother, she left Strafford County Superior Court Monday.
Bortner, who unexpectedly did not testify in her own defense, said very little when she left the courthouse. But when asked if she would appeal the decision, she replied, "Of course."
The prosecution alleged Bortner knew her boyfriend, Chad E. Evans, was beating her daughter Kassidy, but did nothing to stop the abuse. Bortner also failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans, said prosecutor David Ruoff.
Both the defense and prosecution used photographs of Kassidy during their closing remarks, but the pictures were very different.
Defense attorney Patricia Weiberg showed a poster-sized picture of Kassidy as she stood next to a dog smiling. The little girl had no visual bruises or marks in that photo.
"It’s awful she died," Weiberg told the jury. "No one realized, least of all Amanda, what was going on with Kassidy. Who would ever think a child is being tortured by people she trusted? Yes, she should have known what was happening. Yes, she should have realized. But she didn’t."
Ruoff, prosecuting the case for the state attorney general’s office, showed autopsy photos taken a few hours after the toddler died.
The photos revealed a dark bruise around one eye and other dark bruises and wounds on her face and abdomen. "This was the price (Bortner) was willing to pay to live in comfort," Ruoff said.
Bortner watched Evans pick Kassidy up by her leg and head and toss her around, Ruoff told jurors. She also witnessed him hold Kassidy’s head under running water to stop her from crying, grabbing her in the face so hard that he left bruising on her cheeks showing finger prints.
"It was a violent relationship and Amanda Bortner knew it," Ruoff said.
But Bortner was afraid if she took the child for medical treatment or to a day care, someone would intervene, according to Ruoff.
"Her boyfriend, who was on probation, would get into trouble," Ruoff said. "Wouldn’t that burst her little bubble?"
Ruoff said Bortner had told concerned friends and family she would take Kassidy to seek medical treatment when the bruises went away. "Well guess what - (the bruises) never went away."
Ruoff asked the jury to write the final chapter in the story of Kassidy’s short life. "Let the last chapter in the book of her life end in one word - guilty."
Closing remarks were finished just before noon and the jury took only a few hours to reach a verdict.
Bortner faces up to two years in prison on the misdemeanor charges, and she will likely be sentenced in January, Judge Tina Nadeau said.
After the trial, Ruoff said he would most likely ask the judge for the maximum sentence.
"This is probably the worst case of child endangerment you can imagine," he said.
Outside the courtroom, Jason Evans, Chad Evans’ brother, spoke briefly but emotionally about the past two years. "It’s tough on everybody. We feel deeply for Kassidy. All of our thoughts and hearts go out to her."
The Bortner-Conley and Marshall families issued a statement as well, thanking the investigators and attorney general’s office. "This has been a drawn-out nightmare for Kassidy’s family. We first lost Kassidy and then later Amanda as well. We really do care about Amanda, but we feel she needs to accept responsibility for her role in Kassidy’s death. Finally, Kassidy is going to be put to rest."
Talks with child’s killer lands mom back in jail
December 21, 2002 - Source: Portsmouth Herald
DOVER - The mother convicted less than a month ago for failing to protect her infant daughter from the ongoing abuse that caused the girl’s death, has violated bail conditions by having ongoing phone conversations with the killer, officials said Friday.
The state alleges that Amanda Bortner, 20, had more than 1,500 minutes of phone conversations since Aug. 6 with her boyfriend Chad E. Evans, who is currently serving 28-years to life in prison for 21-month-old Kassidy Bortner’s beating death.
David Ruoff, who prosecuted the case for the state attorney general’s office, has asked the court to revoke Bortner’s bail and send her back to prison until her sentencing in January.
A hearing on the matter is scheduled for 1:30 p.m., Monday, in Strafford County Superior Court. "I can’t learn about that, and then not ask that her bail be revoked," Ruoff said on Friday. "She just has no respect for the court orders." Sgt. Jim White of the New Hampshire State Police was reviewing phone records at the state’s prison in Concord, when he decided to review Evans’ phone calls.
All prison calls are recorded. Police now have conversations between Bortner and Evans on 10 CDs, totaling more than 1,500 minutes. And that’s not including their conversations on Bortner’s cell phone, Ruoff said. In fact, a one of her phone bills cost her more than $800, he said.
"We have information that other family and friends have been forwarding phone calls to her," Ruoff said.
The conversations between Evans and Bortner ranged from discussions about their trials, her case and the fact that "they have to be careful not to get caught talking," Ruoff said. Bortner wept in a Strafford County Superior courtroom Nov. 25 when a jury foreman delivered guilty verdicts on two counts of endangering the welfare of Kassidy. She faces up to two years in prison on the misdemeanor charges.
December 21, 2002 - Source: Portsmouth Herald
DOVER - The mother convicted less than a month ago for failing to protect her infant daughter from the ongoing abuse that caused the girl’s death, has violated bail conditions by having ongoing phone conversations with the killer, officials said Friday.
The state alleges that Amanda Bortner, 20, had more than 1,500 minutes of phone conversations since Aug. 6 with her boyfriend Chad E. Evans, who is currently serving 28-years to life in prison for 21-month-old Kassidy Bortner’s beating death.
David Ruoff, who prosecuted the case for the state attorney general’s office, has asked the court to revoke Bortner’s bail and send her back to prison until her sentencing in January.
A hearing on the matter is scheduled for 1:30 p.m., Monday, in Strafford County Superior Court. "I can’t learn about that, and then not ask that her bail be revoked," Ruoff said on Friday. "She just has no respect for the court orders." Sgt. Jim White of the New Hampshire State Police was reviewing phone records at the state’s prison in Concord, when he decided to review Evans’ phone calls.
All prison calls are recorded. Police now have conversations between Bortner and Evans on 10 CDs, totaling more than 1,500 minutes. And that’s not including their conversations on Bortner’s cell phone, Ruoff said. In fact, a one of her phone bills cost her more than $800, he said.
"We have information that other family and friends have been forwarding phone calls to her," Ruoff said.
The conversations between Evans and Bortner ranged from discussions about their trials, her case and the fact that "they have to be careful not to get caught talking," Ruoff said. Bortner wept in a Strafford County Superior courtroom Nov. 25 when a jury foreman delivered guilty verdicts on two counts of endangering the welfare of Kassidy. She faces up to two years in prison on the misdemeanor charges.
Bortner’s calls land her in jail
December 26, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner told a judge she still talks to her daughter’s killer because he helps her focus on being a good Christian.
Bortner, 20, was convicted last month of failing to protect her 21-month-old daughter, Kassidy, from the abuse that eventually killed the toddler.
One condition of her bail was that she have no contact with her boyfriend, Chad Evans, who is serving 28 years to life in prison for killing Kassidy in November 2000.
But prosecutors said the couple has spent more than 26 hours on the phone since August, including an hour-long call just before Monday’s hearing.
Before the judge revoked her bail, Bortner read a brief statement in which she said the conversations gave her a "sense of peace."
"Kassidy was gone. Chad was gone. My family was gone," she said.
Prosecutors said many of the calls were facilitated by Evans’ family, who would forward calls from Evans to Bortner.
Holding up 10 compact discs full of recorded conversations, Assistant Attorney General David Ruoff said the talks could create problems for future court proceedings because the couple discussed evidence and testimony presented at their trials. Evans, 31, is appealing his second-degree murder conviction.
"There is no doubt that any future contact should be precluded," Ruoff said. "I would characterize this relationship as dangerous."
Bortner, who was convicted of two misdemeanor charges, had been free on bail pending her Jan. 3 sentencing. She could face up to two years in jail.
Members of Evans’ family and a family friend expressed their support for Bortner as she was led from the courtroom in handcuffs. The friend accused authorities of spending more time trying to catch the couple communicating than investigating Kassidy’s death.
In addition to seeking revocation of Bortner’s bail, Ruoff asked the judge to ban further contact between Bortner and members of the Evans family. But Strafford County Superior Court Judge Tina Nadeau denied that request after Bortner’s lawyer said the family is Bortner’s only support.
Kassidy spent her last hours at the Kittery, Maine, home of Bortner’s sister, where she was being baby-sat by the sister’s boyfriend, Jefferey Marshall. Although Bortner told police that Evans frequently abused her daughter, she later accused Marshall of killing the little girl.
Marshall attended Monday’s hearing with his parents.
"She got what she deserved today," he said.
December 26, 2002 - Source: Portsmouth Herald
DOVER - Amanda Bortner told a judge she still talks to her daughter’s killer because he helps her focus on being a good Christian.
Bortner, 20, was convicted last month of failing to protect her 21-month-old daughter, Kassidy, from the abuse that eventually killed the toddler.
One condition of her bail was that she have no contact with her boyfriend, Chad Evans, who is serving 28 years to life in prison for killing Kassidy in November 2000.
But prosecutors said the couple has spent more than 26 hours on the phone since August, including an hour-long call just before Monday’s hearing.
Before the judge revoked her bail, Bortner read a brief statement in which she said the conversations gave her a "sense of peace."
"Kassidy was gone. Chad was gone. My family was gone," she said.
Prosecutors said many of the calls were facilitated by Evans’ family, who would forward calls from Evans to Bortner.
Holding up 10 compact discs full of recorded conversations, Assistant Attorney General David Ruoff said the talks could create problems for future court proceedings because the couple discussed evidence and testimony presented at their trials. Evans, 31, is appealing his second-degree murder conviction.
"There is no doubt that any future contact should be precluded," Ruoff said. "I would characterize this relationship as dangerous."
Bortner, who was convicted of two misdemeanor charges, had been free on bail pending her Jan. 3 sentencing. She could face up to two years in jail.
Members of Evans’ family and a family friend expressed their support for Bortner as she was led from the courtroom in handcuffs. The friend accused authorities of spending more time trying to catch the couple communicating than investigating Kassidy’s death.
In addition to seeking revocation of Bortner’s bail, Ruoff asked the judge to ban further contact between Bortner and members of the Evans family. But Strafford County Superior Court Judge Tina Nadeau denied that request after Bortner’s lawyer said the family is Bortner’s only support.
Kassidy spent her last hours at the Kittery, Maine, home of Bortner’s sister, where she was being baby-sat by the sister’s boyfriend, Jefferey Marshall. Although Bortner told police that Evans frequently abused her daughter, she later accused Marshall of killing the little girl.
Marshall attended Monday’s hearing with his parents.
"She got what she deserved today," he said.
The sins of the mother
January 4, 2003 - Source: Portsmouth Herald
Amanda Bortner is handcuffed following her sentencing hearing at Strafford County Superior Court in Dover on Friday.
DOVER - Amanda Bortner, dressed in orange prison garb, was handcuffed and escorted out of the courtroom Friday after being given the maximum sentence for failing to protect her 21-month-old daughter, who died from ongoing abuse.
Strafford County Superior Court Judge Tina Nadeau sentenced Bortner to two one-year consecutive jail terms for two counts of endangering the welfare of her child, Kassidy.
"In my view, the defendant was lucky she wasn’t charged as an accomplice to second-degree murder," Nadeau said during the sentencing hearing. "Kassidy deserved the complete and conditional care from her mother, and because she didn’t, she’s dead."
Steve Varnum, the public policy director of the Children’s Alliance of New Hampshire, was pleased with the stiff punishment, but agreed with Nadeau that Bortner should have been made more responsible for Kassidy’s death.
"This is a woman who stood by and sided with the person who murdered her child," Varnum said. "If Kassidy had been an adult, Bortner may have been charged as an accomplice and her sentence would have been much stiffer."
David Ruoff, who prosecuted the case for the state attorney general’s office, had asked the court to hand down the maximum sentence possible. But outside the courtroom he admitted he was surprised the judge agreed with him completely.
"It was warranted and the judge’s comments were quite strong," he told reporters. Ruoff said he suspects the state will consider raising the charges from a misdemeanor offense to a felony.
The Children’s Alliance of New Hampshire is a statewide, nonprofit agency currently involved in child-protection issues.
"What happened to Kassidy Bortner really illustrates what can happen when children are abused," Varnum said. "Given what we know about this case, Kassidy’s death was very preventable and her mom was in the best position to prevent it, but didn’t."
Bortner, 20, was convicted Nov. 25 on the endangering charges. Kassidy died on Nov. 9, 2000, after months of abuse inflicted by Bortner’s boyfriend, Chad E. Evans, who is currently serving 28-years-to-life in prison for the toddler’s beating death.
His defense attorney, Mark Sisti, said the state will hear Evans’ appeal.
A jury agreed with the prosecution’s claim that Bortner knew her boyfriend was beating Kassidy, but did nothing to stop the abuse. The young mother, the prosecutor said, watched Evans pick Kassidy up by her leg and head and toss her around. She also witnessed him hold Kassidy’s head under running water to stop her from crying, grabbing her in the face so hard that he left bruising on her cheeks showing finger prints.
Bortner also failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans.
Her sentencing for these crimes totals just three months longer than Kassidy’s life span. Defense attorney Patricia Weiberg said she would have to converse with Bortner before determining whether they would appeal the conviction and sentencing.
The toddler spent her last hours at the home of Bortner’s sister in Kittery, Maine. The sister’s boyfriend, F. Jeffrey Marshall, was baby-sitting Kassidy that morning, and Bortner and Evans later accused him of killing the girl.
"I am not a child killer," Marshall said in court. "I despise you and the legal teams that tried to portray me like that.
"Yes I do regret a lot of things. I regret and have a lot of guilt that I didn’t report things, especially the morning of Nov. 9, 2000," he said, adding that he wished he never believed their lies. "But unlike you, Amanda, I have taken responsibility for not reporting things and for that, I, myself, have to live with that every day for the rest of my life."
As Marshall spoke at the hearing, Bortner turned to face him briefly.
He chastised her for continuing to stand by Evans even after his conviction. Bortner’s bail was revoked recently when officials learned she had been violating conditions of her release by having contact with Evans.
"How anyone can still choose the man who killed their daughter over their own flesh and blood is beyond me," Marshall told Bortner. "I do not believe you want to see justice for Kassidy, you just want your man. You were not here for her in life, so why should you be here for her in death?"
Three others spoke to the judge requesting Bortner receive the maximum penalty, including Bortner’s sister.
Two friends of Bortner also spoke - Terri Kenny and Mandy Allard - asking the court for leniency. Kenny and Allard both said Bortner is trying to change and has suffered a great loss with Kassidy’s death.
"Not a day goes by she doesn’t mourn her," Allard said, adding that she has seen Bortner cry, read her Bible and go to self-help groups.
Bortner spoke in her own behalf through tears. She said Kassidy should be outside sledding in the snow instead of lying in a grave.
"Kassidy was and still is my whole world," Bortner said.
The young mother said she would miss all the important events of Kassidy’s life like her first day of school and wedding.
And she said she had feelings of guilt, loss and failure. Bortner said she should have taken the steps to save her little girl from the ongoing abuse that ultimately caused her death.
"She’s a princess in heaven and will be a princess in my heart forever," Bortner said.
But although Judge Nadeau said she didn’t doubt Bortner had loved her daughter or felt guilty about the little girl’s death, there was "no excuse for turning a blind eye" to the ongoing abuse inflicted on Kassidy by Evans.
The Department of Human Services declined to comment on Bortner’s sentence.
However, the public policy director of the Children’s Alliance of New Hampshire agreed with Nadeau.
Varnum said he believes Americans tend to take more value on an adult’s life than on the life of a child.
"Our society condones violence against children, who are our least powerful members of society," he said. "We need to look at the laws and look at our values. Why is it all right to strike a child when striking an adult in the same way would get you arrested for an assault? If we make changes in our values, the laws will follow.
"We hope this is a wake-up call for people in all communities to their obligations to protect children from abuse."
January 4, 2003 - Source: Portsmouth Herald
DOVER - Amanda Bortner, dressed in orange prison garb, was handcuffed and escorted out of the courtroom Friday after being given the maximum sentence for failing to protect her 21-month-old daughter, who died from ongoing abuse.
Strafford County Superior Court Judge Tina Nadeau sentenced Bortner to two one-year consecutive jail terms for two counts of endangering the welfare of her child, Kassidy.
"In my view, the defendant was lucky she wasn’t charged as an accomplice to second-degree murder," Nadeau said during the sentencing hearing. "Kassidy deserved the complete and conditional care from her mother, and because she didn’t, she’s dead."
Steve Varnum, the public policy director of the Children’s Alliance of New Hampshire, was pleased with the stiff punishment, but agreed with Nadeau that Bortner should have been made more responsible for Kassidy’s death.
"This is a woman who stood by and sided with the person who murdered her child," Varnum said. "If Kassidy had been an adult, Bortner may have been charged as an accomplice and her sentence would have been much stiffer."
David Ruoff, who prosecuted the case for the state attorney general’s office, had asked the court to hand down the maximum sentence possible. But outside the courtroom he admitted he was surprised the judge agreed with him completely.
"It was warranted and the judge’s comments were quite strong," he told reporters. Ruoff said he suspects the state will consider raising the charges from a misdemeanor offense to a felony.
The Children’s Alliance of New Hampshire is a statewide, nonprofit agency currently involved in child-protection issues.
"What happened to Kassidy Bortner really illustrates what can happen when children are abused," Varnum said. "Given what we know about this case, Kassidy’s death was very preventable and her mom was in the best position to prevent it, but didn’t."
Bortner, 20, was convicted Nov. 25 on the endangering charges. Kassidy died on Nov. 9, 2000, after months of abuse inflicted by Bortner’s boyfriend, Chad E. Evans, who is currently serving 28-years-to-life in prison for the toddler’s beating death.
His defense attorney, Mark Sisti, said the state will hear Evans’ appeal.
A jury agreed with the prosecution’s claim that Bortner knew her boyfriend was beating Kassidy, but did nothing to stop the abuse. The young mother, the prosecutor said, watched Evans pick Kassidy up by her leg and head and toss her around. She also witnessed him hold Kassidy’s head under running water to stop her from crying, grabbing her in the face so hard that he left bruising on her cheeks showing finger prints.
Bortner also failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans.
Her sentencing for these crimes totals just three months longer than Kassidy’s life span. Defense attorney Patricia Weiberg said she would have to converse with Bortner before determining whether they would appeal the conviction and sentencing.
The toddler spent her last hours at the home of Bortner’s sister in Kittery, Maine. The sister’s boyfriend, F. Jeffrey Marshall, was baby-sitting Kassidy that morning, and Bortner and Evans later accused him of killing the girl.
"I am not a child killer," Marshall said in court. "I despise you and the legal teams that tried to portray me like that.
"Yes I do regret a lot of things. I regret and have a lot of guilt that I didn’t report things, especially the morning of Nov. 9, 2000," he said, adding that he wished he never believed their lies. "But unlike you, Amanda, I have taken responsibility for not reporting things and for that, I, myself, have to live with that every day for the rest of my life."
As Marshall spoke at the hearing, Bortner turned to face him briefly.
He chastised her for continuing to stand by Evans even after his conviction. Bortner’s bail was revoked recently when officials learned she had been violating conditions of her release by having contact with Evans.
"How anyone can still choose the man who killed their daughter over their own flesh and blood is beyond me," Marshall told Bortner. "I do not believe you want to see justice for Kassidy, you just want your man. You were not here for her in life, so why should you be here for her in death?"
Three others spoke to the judge requesting Bortner receive the maximum penalty, including Bortner’s sister.
Two friends of Bortner also spoke - Terri Kenny and Mandy Allard - asking the court for leniency. Kenny and Allard both said Bortner is trying to change and has suffered a great loss with Kassidy’s death.
"Not a day goes by she doesn’t mourn her," Allard said, adding that she has seen Bortner cry, read her Bible and go to self-help groups.
Bortner spoke in her own behalf through tears. She said Kassidy should be outside sledding in the snow instead of lying in a grave.
"Kassidy was and still is my whole world," Bortner said.
The young mother said she would miss all the important events of Kassidy’s life like her first day of school and wedding.
And she said she had feelings of guilt, loss and failure. Bortner said she should have taken the steps to save her little girl from the ongoing abuse that ultimately caused her death.
"She’s a princess in heaven and will be a princess in my heart forever," Bortner said.
But although Judge Nadeau said she didn’t doubt Bortner had loved her daughter or felt guilty about the little girl’s death, there was "no excuse for turning a blind eye" to the ongoing abuse inflicted on Kassidy by Evans.
The Department of Human Services declined to comment on Bortner’s sentence.
However, the public policy director of the Children’s Alliance of New Hampshire agreed with Nadeau.
Varnum said he believes Americans tend to take more value on an adult’s life than on the life of a child.
"Our society condones violence against children, who are our least powerful members of society," he said. "We need to look at the laws and look at our values. Why is it all right to strike a child when striking an adult in the same way would get you arrested for an assault? If we make changes in our values, the laws will follow.
"We hope this is a wake-up call for people in all communities to their obligations to protect children from abuse."
Protecting children Bortner bill’s goal
January 14, 2003 - Source: Portsmouth Herald CONCORD - Information obtained during the investigation of the beating death of 21-month-old Kassidy Bortner of Rochester at the hands of her mother’s boyfriend prompted the development of the Kassidy Bortner Child Protection Accountability Act, said Steve Varnum of the Children’s Alliance of New Hampshire.
Information gleaned from testimony during the trial of the child’s killer, Chad Evans, on second-degree murder charges, revealed the state Division for Children, Youth and Families (DCYF) received reports Kassidy was being abused eight days before the child was killed in November 2000. No case worker visited the Bortner home during the period between the time the reports were received and Kassidy’s death.
"We’re here because of something that has become obvious to ... us in the Statehouse and people throughout New Hampshire during recent months and years," said Sen. Andre Martel, R-Manchester, who is the primary sponsor of the legislation. "New Hampshire’s child protection system is not doing enough to protect children."
Martel made that statement at a press conference Monday at which he was surrounded by supporters of the bill, including Democratic Sens. Burt Cohen of New Castle and Iris Estabrook of Rochester. The primary sponsor in the House is Rep. Marge Hallyburton, R-Lyndeborough, and other supporters include Child and Family Services, the Children’s Alliance of New Hampshire, N.H. Court Appointed Special Advocates (CASA), NFI North and Prevent Child Abuse New Hampshire.
The proposed legislation would require:
* DCYF to develop an annual plan directly to the Legislature and governor that, if implemented, would move the agency toward national accreditation by the Council on Accreditation for Children and Family Services by June 2007. Currently, only Illinois and Kentucky have received accreditation by that agency. The required DCYF plan would include staffing requirements, a timetable for achieving them and the costs involved
* The Office of the Legislative Budget Assistant, which is the auditing arm of state government, to annually review the DCYF plan. All these reports would be public documents.
* DCYF to release to the public specific non-identifying information related to its response and preventative actions in every case of fatal and near-fatal child abuse or neglect. The draft of the proposed legislation is critical of the job DCYF is currently doing to ensure the safety of the state’s children.
"Although the ultimate responsibility for Kassidy’s death lies with her convicted murderer, the General Court finds that her death also reveals the inability of the Division for Children, Youth and Families to meet its General Court-mandated responsibility to protect some vulnerable children at critical times," the draft legislation reads.
Nancy Rollins, DCYF director, took issue with the language in the proposed legislation.
"It’s not helpful and it doesn’t help the morale of the people who work for this agency," she said. "The Division won’t testify against the bill, but I am concerned about the inflammatory language it contains."
Rollins said DCYF has already made "significant inroads" in the areas of accountability and training. She said her agency has been working toward accreditation, which she called "the gold standard for child services," for some time.
"I don’t concur with the statements made in the proposed legislation in terms of things like accountability," the DCYF director said. "We’ve been continuing to move forward." Rollins stated her opinion that no single agency can or should be the sole protector of vulnerable children.
"It should be remembered that child protection is a community responsibility, and that Chad Evans was convicted and is solely responsible for the death of Kassidy Bortner," she said.
Rollins’ statement was bolstered by remarks made by Jacqueline Conley of Buckfield, Maine, Kassidy’s grandmother and the mother of Amanda Bortner, who was recently sentenced to two years in prison on a child endangerment charge stemming from her failure to protect her child from Evans’ attacks.
Conley spoke in favor of the legislation at Monday’s press conference.
"I found out during Chad Evans’ murder trial that at least a dozen people thought Kassidy was being abused," she said tearfully. "People need to get involved, but they also need to know someone will respond and protect the child if they do."
Rollins said she also had concerns about the legislation’s requirements to make certain information available to the public. She indicated that a Child Fatality Review Committee within the attorney general’s office already has the ability to review the details in cases like Bortner’s, and that there is a real question about balancing what information is available to the public against violating the rights of a family to privacy.
"I feel there is already a very legitimate avenue available for a review of the actions of this agency," she said.
Late last year, the Legislative Fiscal Committee denied a request by the Department of Health and Human Services to hire 60 more case workers and attorneys for DCYF. The committee had questioned whether hiring more staff would make a difference in how the agency actually handled its cases.
Rollins contended that while the number of cases handled by her agency hadn’t increased substantially in recent years, the complexity of those cases had. They involved a number of variables other than simply how best to protect the children involved, including mental illness components and biological parents versus paramours, she said.
"The cases are more difficult and present more of a challenge to our resources," she said. "The thing that can be done most quickly that would have the most immediate benefit is to add additional positions."
However, Rollins said, she recognizes the issues involved in getting more resources while being part of a larger agency within state government.
"It’s always difficult in state government," she said. "There are always competing interests." Minimizing those competing interests is what this legislation is all about, said Ellen Shemitz, president of the Children’s Alliance of New Hampshire.
"The most important thing this bill says is that children are a priority," Shemitz said. "There has to be a needs-based assessment, rather than one based on how much money the state has available."
Martel said he has discussed the Kassidy Bortner legislation with Keith Herman, Gov. Craig Benson’s policy adviser, but has yet to get a firm commitment from the governor to back the bill. He said he expects to have more conversations with Benson on this issue.
Bortner to tell her story on national TV
January 22, 2003 - Source: Portsmouth Herald
Amanda Bortner, who was held accountable for the fatal abuse of her 21-month-old daughter, will tell her story today on "The John Walsh Show."
John Walsh, who is well-known for his work as the host of "America’s Most Wanted," will explore whether Bortner should be blamed for her daughter Kassidy’s death if someone else actually inflicted the abuse. The segment will air at 9 a.m. on WMUR-Channel 9 and WCVB-Channel 5.
The 20-year-old woman was convicted on Nov. 25, 2002, of two counts of endangering the welfare of a child. Kassidy died on Nov. 9, 2000, after months of abuse inflicted by Bortner’s boyfriend, Chad E. Evans, who is currently in prison serving 28 years to life for the toddler’s beating death.
According to court documents and testimony, the young mother had seen Evans pick Kassidy up by her leg and head and toss her around. She also witnessed him hold Kassidy’s head under running water to stop her from crying, and grabbing her in the face so hard that he left bruises on her cheeks showing fingerprints.
Also, it was learned during Evans’ trial, Bortner failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans.
She is currently serving the maximum penalty - two years in jail - for the endangering charges. Strafford County Superior Court Judge Tina Nadeau sentenced Bortner earlier this month.
Bortner has said she had feelings of guilt, loss and failure, and said she should have taken steps to save her little girl from the ongoing abuse that ultimately caused her death.
However, she later recanted statements she had made to police about Evans in the hours after Kassidy died. Instead, she and Evans accused the baby sitter of inflicting abuse on Kassidy.
A producer from "The John Walsh Show" said the segment was taped in December before Bortner was sentenced.
According to the show’s Web site, Walsh will also hear from Pam Evans, Chad Evans’ mother. She has been quiet about her son’s conviction and has stood by Bortner.
Walsh will talk to another woman via satellite from a women’s correctional facility in Minnesota. The woman is currently serving eight years in prison for failing to protect her 3-year-old son from her boyfriend’s fatal abuse.
Cindy Pierce Lee, the president of Prevent Child Abuse New York, will provide viewers with valuable tips and information on spotting the warning signs of abuse in children. She will also help parents pick a qualified caregiver.
Walsh is also well-known for his advocacy on behalf of missing children. His 6-year-old son, Adam, was abducted and murdered on July 27, 1981.
January 22, 2003 - Source: Portsmouth Herald
Amanda Bortner, who was held accountable for the fatal abuse of her 21-month-old daughter, will tell her story today on "The John Walsh Show."
John Walsh, who is well-known for his work as the host of "America’s Most Wanted," will explore whether Bortner should be blamed for her daughter Kassidy’s death if someone else actually inflicted the abuse. The segment will air at 9 a.m. on WMUR-Channel 9 and WCVB-Channel 5.
The 20-year-old woman was convicted on Nov. 25, 2002, of two counts of endangering the welfare of a child. Kassidy died on Nov. 9, 2000, after months of abuse inflicted by Bortner’s boyfriend, Chad E. Evans, who is currently in prison serving 28 years to life for the toddler’s beating death.
According to court documents and testimony, the young mother had seen Evans pick Kassidy up by her leg and head and toss her around. She also witnessed him hold Kassidy’s head under running water to stop her from crying, and grabbing her in the face so hard that he left bruises on her cheeks showing fingerprints.
Also, it was learned during Evans’ trial, Bortner failed to take her daughter to a hospital for treatment of the injuries inflicted by Evans.
She is currently serving the maximum penalty - two years in jail - for the endangering charges. Strafford County Superior Court Judge Tina Nadeau sentenced Bortner earlier this month.
Bortner has said she had feelings of guilt, loss and failure, and said she should have taken steps to save her little girl from the ongoing abuse that ultimately caused her death.
However, she later recanted statements she had made to police about Evans in the hours after Kassidy died. Instead, she and Evans accused the baby sitter of inflicting abuse on Kassidy.
A producer from "The John Walsh Show" said the segment was taped in December before Bortner was sentenced.
According to the show’s Web site, Walsh will also hear from Pam Evans, Chad Evans’ mother. She has been quiet about her son’s conviction and has stood by Bortner.
Walsh will talk to another woman via satellite from a women’s correctional facility in Minnesota. The woman is currently serving eight years in prison for failing to protect her 3-year-old son from her boyfriend’s fatal abuse.
Cindy Pierce Lee, the president of Prevent Child Abuse New York, will provide viewers with valuable tips and information on spotting the warning signs of abuse in children. She will also help parents pick a qualified caregiver.
Walsh is also well-known for his advocacy on behalf of missing children. His 6-year-old son, Adam, was abducted and murdered on July 27, 1981.
Images of toddler haunt two jurors
January 30, 2003 - Source: Portsmouth Herald
CONCORD - The night after a medical examiner showed jurors how 21-month-old Kassidy Bortner died at the hands of her mother’s boyfriend, juror Rosemary McDonald broke out in hives and couldn’t fall asleep.
A week later, after what she described as "about five minutes" of deliberations, the jury found Kassidy’s mother, Amanda, guilty of two counts of child endangerment, for which Bortner was given the maximum sentence: two years in county jail. With good behavior she could serve as little as 16 months.
On Wednesday, McDonald and another juror urged lawmakers to stiffen the penalty for child endangerment.
"The vivid pictures of Kassidy, who was used as a human football, flash before me in a never-ending nightmare," McDonald, a former teacher, told the House Criminal Justice and Public Safety Committee.
McDonald read testimony from another juror, Leo Callahan of Dover, who wrote that Kassidy’s death still makes him weep.
"This woman stood by and allowed her daughter to be murdered," Callahan wrote. "This woman who calls herself a mother deserves to remain behind bars for far more than two years."
A bill sponsored by Rep. Robert Ouellette, R-Franklin, would make it a class A felony to endanger a child or incompetent person when death or serious injury results. A class A felony is punishable by 7½ to 15 years in state prison.
Ouellette gave the committee a petition he said was signed by more than 800 state residents calling for stiffer penalties for those who don’t report suspected abuse.
A subcommittee will consider combining Ouellette’s bill with one being drafted by Rep. William Knowles, D-Dover. Knowles’ bill would be similar to Ouellette’s but also make child endangerment a felony if it results in sexual abuse.
The state attorney general’s office supports both bills, Senior Assistant Attorney General Will Delker said. The limited penalties of the current endangerment law on reporting sexual abuse became known during the state’s investigation of the Diocese of Manchester, Delker said. That investigation led to a settlement.
A bill being drafted by Sen. Andre Martel, R-Manchester, would require the state Division for Children, Youth and Families to take steps toward becoming accredited and to reveal of what it knew of child abuse cases that led to death or serious injury.
January 30, 2003 - Source: Portsmouth Herald
CONCORD - The night after a medical examiner showed jurors how 21-month-old Kassidy Bortner died at the hands of her mother’s boyfriend, juror Rosemary McDonald broke out in hives and couldn’t fall asleep.
A week later, after what she described as "about five minutes" of deliberations, the jury found Kassidy’s mother, Amanda, guilty of two counts of child endangerment, for which Bortner was given the maximum sentence: two years in county jail. With good behavior she could serve as little as 16 months.
On Wednesday, McDonald and another juror urged lawmakers to stiffen the penalty for child endangerment.
"The vivid pictures of Kassidy, who was used as a human football, flash before me in a never-ending nightmare," McDonald, a former teacher, told the House Criminal Justice and Public Safety Committee.
McDonald read testimony from another juror, Leo Callahan of Dover, who wrote that Kassidy’s death still makes him weep.
"This woman stood by and allowed her daughter to be murdered," Callahan wrote. "This woman who calls herself a mother deserves to remain behind bars for far more than two years."
A bill sponsored by Rep. Robert Ouellette, R-Franklin, would make it a class A felony to endanger a child or incompetent person when death or serious injury results. A class A felony is punishable by 7½ to 15 years in state prison.
Ouellette gave the committee a petition he said was signed by more than 800 state residents calling for stiffer penalties for those who don’t report suspected abuse.
A subcommittee will consider combining Ouellette’s bill with one being drafted by Rep. William Knowles, D-Dover. Knowles’ bill would be similar to Ouellette’s but also make child endangerment a felony if it results in sexual abuse.
The state attorney general’s office supports both bills, Senior Assistant Attorney General Will Delker said. The limited penalties of the current endangerment law on reporting sexual abuse became known during the state’s investigation of the Diocese of Manchester, Delker said. That investigation led to a settlement.
A bill being drafted by Sen. Andre Martel, R-Manchester, would require the state Division for Children, Youth and Families to take steps toward becoming accredited and to reveal of what it knew of child abuse cases that led to death or serious injury.
Toddler killer’s jail time may increase
December 6, 2003 - Source: Portsmouth Herald
CONCORD - Chad Evans, a Rochester man convicted in the beating death of 21-month-old Kassidy Bortner, could have his sentence lengthened as a result of a state Supreme Court ruling issued Friday.
Evans is serving a sentence of 28-years-to-life after he was convicted in 2001 of second-degree murder and multiple counts of assault in connection with Kassidy’s death in 2000.
The court ruled Friday in favor of the state’s appeal of a Sentence Review Board decision that had prohibited the state from seeking longer sentences in Evans case and two others. A law passed in 2001 allows the state to appeal sentences.
The court said the review board did not have the authority to rule on whether Evans’ constitutional rights were violated because he was not formally told the state had the right to appeal his sentence.
"The Supreme Court agreed with the state that the board did not have the authority to decide the constitutional issue. The only authority the board does have is to rule whether the sentences are fair and just," said William Delker, senior assistant attorney general. "The constitutional issues is a matter for other courts."
Meanwhile, the attorney general’s office is waiting for Supreme Court decision on Chad Evans’ appeal of his conviction. If the conviction is upheld, the state will proceed to seek a longer sentence. Delker said the state is seeking 60-years-to-life.
Delker said the review board will not take up Evans sentence until the high court rules on the conviction question.
Appellate defender David Rothstein, who was appointed to represent Evans, told the Supreme Court during oral arguments on Nov. 6 that the conviction should be overturned because the jury was instructed to consider false statements made by Evans to police. He said the jury was not directed to consider similar statements made by Jefferey Marshall, who was caring for Kassidy at the time of her death.
Marshall is the boyfriend of Jennifer Bortner Conley, Kassidy’s aunt. Rothstein argued there was not enough evidence to rule out Marshall as a suspect in Kassidy’s death.
December 6, 2003 - Source: Portsmouth Herald
CONCORD - Chad Evans, a Rochester man convicted in the beating death of 21-month-old Kassidy Bortner, could have his sentence lengthened as a result of a state Supreme Court ruling issued Friday.
Evans is serving a sentence of 28-years-to-life after he was convicted in 2001 of second-degree murder and multiple counts of assault in connection with Kassidy’s death in 2000.
The court ruled Friday in favor of the state’s appeal of a Sentence Review Board decision that had prohibited the state from seeking longer sentences in Evans case and two others. A law passed in 2001 allows the state to appeal sentences.
The court said the review board did not have the authority to rule on whether Evans’ constitutional rights were violated because he was not formally told the state had the right to appeal his sentence.
"The Supreme Court agreed with the state that the board did not have the authority to decide the constitutional issue. The only authority the board does have is to rule whether the sentences are fair and just," said William Delker, senior assistant attorney general. "The constitutional issues is a matter for other courts."
Meanwhile, the attorney general’s office is waiting for Supreme Court decision on Chad Evans’ appeal of his conviction. If the conviction is upheld, the state will proceed to seek a longer sentence. Delker said the state is seeking 60-years-to-life.
Delker said the review board will not take up Evans sentence until the high court rules on the conviction question.
Appellate defender David Rothstein, who was appointed to represent Evans, told the Supreme Court during oral arguments on Nov. 6 that the conviction should be overturned because the jury was instructed to consider false statements made by Evans to police. He said the jury was not directed to consider similar statements made by Jefferey Marshall, who was caring for Kassidy at the time of her death.
Marshall is the boyfriend of Jennifer Bortner Conley, Kassidy’s aunt. Rothstein argued there was not enough evidence to rule out Marshall as a suspect in Kassidy’s death.
Conviction upheld in baby death
December 31, 2003 - Source: Portsmouth Herald
CONCORD - A former Rochester man convicted in the beating death of his then-girlfriend’s 21-month-old daughter lost a chance for a new trial Tuesday when the New Hampshire Supreme Court upheld his conviction.
The setback may mean more jail time for Chad Evans. Prosecutors from the state attorney general’s office said on Tuesday they plan to ask that his sentence be increased from 28 years to life to 60 years to life.
Assistant Attorney General Simon Brown said an opinion issued by the Supreme Court earlier in December cleared the way for prosecutors to seek an increased sentence.
"The opinion reversed the Sentence Review Division’s decision barring us from petitioning for sentencing review," said Brown. "Now that the conviction has been confirmed, we expect a review hearing to be held in the future."
As to the court’s upholding of the conviction, Brown said, "The decision speaks for itself. Obviously, the state is pleased with the opinion and pleased for those who were close to Kassidy Bortner (the child who was killed)."
Evans was 29 years old when he was convicted of second-degree murder in December 2001 in the beating death of Kassidy Bortner. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the little girl’s mother, Evan’s former live-in girlfriend.
Kassidy’s mother, Amanda Bortner, was found guilty of two counts of endangering the welfare of a child in November 2002 and sentenced to two years in prison. Prosecutors argued that she was aware that Kassidy was being beaten and did nothing to stop the abuse.
Bortner is appealing her conviction; the case is expected to be heard by the Supreme Court on Jan. 7.
Kassidy’s death so outraged the public that the Kassidy Law was passed, which makes it a felony for a person who witnesses child abuse not to report it.
Evans was arrested in November 2000 after Kassidy died in the Kittery, Maine, home of Bortner’s sister, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, who were baby-sitting the child.
An autopsy report revealed that Kassidy’s eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise under her left eye. There were several other abrasions on her face.
The report concluded that Kassidy died from multiple blunt-force injuries that caused bleeding and swelling in her brain, bleeding in the optic nerve and internal bleeding in the abdomen.
Prosecutors said at the time that Kassidy also had various other injuries in different stages of healing. They contended that Evans had beaten the girl over a three-month period.
One of the grounds Evans used in his request for appeal was that the jury didn’t get the chance to consider the possibility that it was Marshall who beat Kassidy.
The Supreme Court justices disagreed. They said Evans’ attorneys had sufficient opportunity to introduce the theory that Marshall killed Kassidy.
Before Evans’ trial, Marshall admitted he made a mistake by not reporting the signs of abuse, but he denied he had ever hurt the child.
Evans’ request for appeal also contended that the jury did not receive proper instructions and that comments made by Bortner the night Evans was arrested should not have been allowed as testimony.
The court ruled that the jury instructions were done correctly and said Bortner’s comments were admissible under a legal provision that allows for spontaneous comments following a startling event.
During the trial, jurors heard testimony that, on the night of Kassidy’s death, Bortner said to Evans, "You killed my baby; I know you did this. You wanted her dead."
The jury also heard that, on the night of Evans’ arrest, Bortner said to a friend, "And you knew, and I didn’t listen."
Evans’ attorneys, Alan Cronheim and Mark Sisti, could not be reached for comment.
December 31, 2003 - Source: Portsmouth Herald
CONCORD - A former Rochester man convicted in the beating death of his then-girlfriend’s 21-month-old daughter lost a chance for a new trial Tuesday when the New Hampshire Supreme Court upheld his conviction.
The setback may mean more jail time for Chad Evans. Prosecutors from the state attorney general’s office said on Tuesday they plan to ask that his sentence be increased from 28 years to life to 60 years to life.
Assistant Attorney General Simon Brown said an opinion issued by the Supreme Court earlier in December cleared the way for prosecutors to seek an increased sentence.
"The opinion reversed the Sentence Review Division’s decision barring us from petitioning for sentencing review," said Brown. "Now that the conviction has been confirmed, we expect a review hearing to be held in the future."
As to the court’s upholding of the conviction, Brown said, "The decision speaks for itself. Obviously, the state is pleased with the opinion and pleased for those who were close to Kassidy Bortner (the child who was killed)."
Evans was 29 years old when he was convicted of second-degree murder in December 2001 in the beating death of Kassidy Bortner. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the little girl’s mother, Evan’s former live-in girlfriend.
Kassidy’s mother, Amanda Bortner, was found guilty of two counts of endangering the welfare of a child in November 2002 and sentenced to two years in prison. Prosecutors argued that she was aware that Kassidy was being beaten and did nothing to stop the abuse.
Bortner is appealing her conviction; the case is expected to be heard by the Supreme Court on Jan. 7.
Kassidy’s death so outraged the public that the Kassidy Law was passed, which makes it a felony for a person who witnesses child abuse not to report it.
Evans was arrested in November 2000 after Kassidy died in the Kittery, Maine, home of Bortner’s sister, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, who were baby-sitting the child.
An autopsy report revealed that Kassidy’s eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise under her left eye. There were several other abrasions on her face.
The report concluded that Kassidy died from multiple blunt-force injuries that caused bleeding and swelling in her brain, bleeding in the optic nerve and internal bleeding in the abdomen.
Prosecutors said at the time that Kassidy also had various other injuries in different stages of healing. They contended that Evans had beaten the girl over a three-month period.
One of the grounds Evans used in his request for appeal was that the jury didn’t get the chance to consider the possibility that it was Marshall who beat Kassidy.
The Supreme Court justices disagreed. They said Evans’ attorneys had sufficient opportunity to introduce the theory that Marshall killed Kassidy.
Before Evans’ trial, Marshall admitted he made a mistake by not reporting the signs of abuse, but he denied he had ever hurt the child.
Evans’ request for appeal also contended that the jury did not receive proper instructions and that comments made by Bortner the night Evans was arrested should not have been allowed as testimony.
The court ruled that the jury instructions were done correctly and said Bortner’s comments were admissible under a legal provision that allows for spontaneous comments following a startling event.
During the trial, jurors heard testimony that, on the night of Kassidy’s death, Bortner said to Evans, "You killed my baby; I know you did this. You wanted her dead."
The jury also heard that, on the night of Evans’ arrest, Bortner said to a friend, "And you knew, and I didn’t listen."
Evans’ attorneys, Alan Cronheim and Mark Sisti, could not be reached for comment.
Amanda Bortner
PORTSMOUTH - The N.H. Supreme Court on Monday upheld Amanda Bortner’s conviction on two counts of endangering the welfare of a child.
Bortner, formerly of Rochester, was convicted for her role in the beating death of her 21-month-old daughter, Kassidy, by Bortner’s former live-in boyfriend.
Bortner is serving two years for the Class A misdemeanor convictions.
Her former boyfriend, Chad Evans, recently lost his appeal on a second-degree murder conviction. He was sentenced to 28 years to life in prison, but prosecutors are trying to increase that sentence to 60 years to life.
Evans was arrested in November 2000, after Kassidy died in the Kittery, Maine, home of Bortner’s sister, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, who were baby-sitting the child.
An autopsy report revealed Kassidy’s eyes were open and swollen, and that she had bruises all over her head, including a swollen, purple lip and another large bruise under her left eye. There were several other abrasions on her face.
The autopsy concluded that Kassidy died from multiple blunt-force injuries that had caused bleeding and swelling in her brain, bleeding in the optic nerve and internal bleeding in the abdomen.
Prosecutors said, at the time, that Kassidy had various other injuries in different stages of healing. They contended Evans had beaten the girl over a three-month period.
In Bortner’s appeal, defense attorneys argued that the state had violated an immunity agreement offered to Bortner in exchange for her testimony against Evans. The agreement would have protected Bortner from prosecution.
Terms of the agreement, according to the court documents, said that Bortner "was obligated to provide information that was truthful, candid and complete." The agreement further stated that the defendant would be in breach of the agreement if she made a material false statement or omission. The next sentence of the agreement stated that, in the event of "such a breach, or any other breach of (the) agreement," the state would be released from its agreement."
Prosecutors revoked the agreement because of discrepancies in Bortner’s testimony during Evans’ trial. In several instances, she minimized brutality she had described to police in earlier interviews.
During initial interviews, Bortner told police that she saw Evans bang Kassidy’s head into a closet door three times a week, grab her face hard enough to leave bruises and hold her head under running water to stop her from crying. She told police Evans picked Kassidy up by her face or arm and threw her into a corner hard enough so that she hit her head and used his fingers to push down on her trachea until she gagged.
When she was interviewed by prosecutors in November 2001, Bortner altered her description of the time she said Evans held Kassidy under a water faucet, instead describing the incident as one in which Evans simply "splashed water on Kassidy’s face."
When Bortner was interviewed by police, she said Kassidy had bruises on her face from Evans grabbing her face and pinching it when he disciplined her. When she was interviewed in 2001, she acknowledged that Evans grabbed Kassidy’s face approximately two times a week, but said that only on one occasion did this conduct cause bruising to Kassidy’s face.
Bortner’s appeal also claimed the state law regarding endangering the welfare of a child is too vague and that the instructions to the jury were erroneous. Both arguments were rejected by the court.
Toddler killer's jail term extended
May 3, 2005 - Source: Portsmouth Herald
Chad Evans, the man convicted of beating 21-month-old Kassidy Bortner to death in 2000, got 15 years added to his prison sentence Monday.
A state panel increased Evans’ sentence to 43 years to life, meaning he will remain in prison until he is at least 71.
Prosecutors asked for the extension under a 2001 law allowing the state to appeal sentences. It is the first time the law has been used to extend a sentence in a murder case, said N. William Delker, a senior assistant attorney general and one of the two lawyers who prosecuted the case.
Evans, of Rochester, was 30 when a Strafford County Superior Court jury convicted him in 2001 of second-degree murder and multiple assaults in the death of Kassidy Bortner, his girlfriend, Amanda Bortner’s, daughter.
During and before the high-profile trial, it emerged that several people knew Kassidy was being severely abused, and the case led lawmakers to look at ways to strengthen the state’s child abuse laws.
Amanda Bortner also served jail time for failing to protect the child from Evans.
Amanda and Kassidy Bortner moved into an apartment in Rochester with Evans in the fall of 2000, when Amanda Bortner was 18. Evans’ abuse of Kassidy began almost immediately, prosecutors said, and quickly escalated.
Bortner knew Evans was beating her daughter, but she told people Kassidy fell down often and bruised easily. At times, she did not want to take her daughter to day care because she feared someone would report the injuries.
On Nov. 9, Amanda Bortner drove a badly bruised and semi-conscious Kassidy to her sister’s apartment in Kittery, Maine, where her sister’s boyfriend baby-sat. The boyfriend called 911 several hours later when he saw that Kassidy was struggling to breathe, her eyes rolled back in her head. The girl died that afternoon at York Hospital.
Evans was convicted of her murder, and Bortner of two counts of child endangerment for failing to report or stop the abuse. She was sentenced to two years in prison.
After Evans was convicted, prosecutors recommended he serve 60 years to life in prison, but Judge Tina Nadeau sentenced him to 28 years to life for the murder. Prosecutors appealed the sentence to the state Sentence Review Division, a state panel of Superior Court judges that has the authority to review all state prison sentences.
Those convicted in trial can appeal to the board if they want to contest the sentence they have received. The panel may then reduce or increase a sentence, or let it stand.
A law passed in 2001 allows the state to make the same request. Evans’ was one of the first sentences that the state asked to have reviewed, Delker said.
Monday, the panel added two more sentences, 10 to 30 years and 5 to 10 years, for assaults that happened before Kassidy’s death.
Delker said yesterday that he never believed Evans’s initial sentence was appropriate, given the circumstances.
"It just seemed way out of whack with the severity of the crime, and the innocence of the victim," Delker said.
May 3, 2005 - Source: Portsmouth Herald
Chad Evans, the man convicted of beating 21-month-old Kassidy Bortner to death in 2000, got 15 years added to his prison sentence Monday.
A state panel increased Evans’ sentence to 43 years to life, meaning he will remain in prison until he is at least 71.
Prosecutors asked for the extension under a 2001 law allowing the state to appeal sentences. It is the first time the law has been used to extend a sentence in a murder case, said N. William Delker, a senior assistant attorney general and one of the two lawyers who prosecuted the case.
Evans, of Rochester, was 30 when a Strafford County Superior Court jury convicted him in 2001 of second-degree murder and multiple assaults in the death of Kassidy Bortner, his girlfriend, Amanda Bortner’s, daughter.
During and before the high-profile trial, it emerged that several people knew Kassidy was being severely abused, and the case led lawmakers to look at ways to strengthen the state’s child abuse laws.
Amanda Bortner also served jail time for failing to protect the child from Evans.
Amanda and Kassidy Bortner moved into an apartment in Rochester with Evans in the fall of 2000, when Amanda Bortner was 18. Evans’ abuse of Kassidy began almost immediately, prosecutors said, and quickly escalated.
Bortner knew Evans was beating her daughter, but she told people Kassidy fell down often and bruised easily. At times, she did not want to take her daughter to day care because she feared someone would report the injuries.
On Nov. 9, Amanda Bortner drove a badly bruised and semi-conscious Kassidy to her sister’s apartment in Kittery, Maine, where her sister’s boyfriend baby-sat. The boyfriend called 911 several hours later when he saw that Kassidy was struggling to breathe, her eyes rolled back in her head. The girl died that afternoon at York Hospital.
Evans was convicted of her murder, and Bortner of two counts of child endangerment for failing to report or stop the abuse. She was sentenced to two years in prison.
After Evans was convicted, prosecutors recommended he serve 60 years to life in prison, but Judge Tina Nadeau sentenced him to 28 years to life for the murder. Prosecutors appealed the sentence to the state Sentence Review Division, a state panel of Superior Court judges that has the authority to review all state prison sentences.
Those convicted in trial can appeal to the board if they want to contest the sentence they have received. The panel may then reduce or increase a sentence, or let it stand.
A law passed in 2001 allows the state to make the same request. Evans’ was one of the first sentences that the state asked to have reviewed, Delker said.
Monday, the panel added two more sentences, 10 to 30 years and 5 to 10 years, for assaults that happened before Kassidy’s death.
Delker said yesterday that he never believed Evans’s initial sentence was appropriate, given the circumstances.
"It just seemed way out of whack with the severity of the crime, and the innocence of the victim," Delker said.
Man who killed toddler seeking less prison time
Sept. 17, 2005 - Source: Portsmouth Herald
PORTSMOUTH - A former Rochester man convicted in the beating death of his then-girlfriend’s 21-month-old daughter is looking to reduce his jail sentence.
He also wants to overturn the ruling that allowed the state to enhance his original sentence by an additional 15 years.
The two cases, one to be heard in Strafford Superior Court and the other in Hillsborough Superior Court, were on the list of cases accepted by the courts in August.
Chad Evans was 29 years old when he was convicted of second-degree murder in December 2001 in the beating death of Kassidy Bortner. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the little girl’s mother, Evan’s former live-in girlfriend.
Kassidy’s mother, Amanda Bortner, was found guilty of two counts of endangering the welfare of a child in November 2002 and sentenced to two years in prison. Prosecutors argued that she was aware that Kassidy was being beaten and did nothing to stop the abuse.
In 2004, after Evans lost a Supreme Court bid to have his conviction overturned, the state asked for an enhanced sentence.
An opinion issued by the Supreme Court in December 2003 cleared the way for prosecutors to seek an increased sentence. The opinion reversed the Sentence Review Division’s decision barring the state from petitioning for sentencing review.
Assistant Attorney General William Delker said Evans’ original sentence was 28 years to life. The added 15 years means he will serve at least 43 years.
"He will argue that sentence enhancement was inappropriate because the opinion was enacted after the crime was committed," said Delker. "It was also enacted before he was sentenced."
Delker said Evans will also try to get the state to agree that under no circumstances, in any case, should the state be allowed to appeal a sentence to the review board, and the additional 15 years should be eliminated if the decision is overturned.
No date has been scheduled for either hearing.
The case prompted passage of the Kassidy Law, which makes it a felony for a person who witnesses child abuse not to report it.
Evans was arrested in November 2000 after Kassidy died in the Kittery, Maine, home of Bortner’s sister, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, who were babysitting the child.
An autopsy report revealed Kassidy’s eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise under her left eye. There were several other abrasions on her face.
The report concluded that Kassidy died from multiple blunt-force injuries that caused bleeding and swelling in her brain, bleeding in the optic nerve and internal bleeding in the abdomen.
Prosecutors said at the time that Kassidy also had various other injuries in different stages of healing. They contended that Evans had beaten the girl over a three-month period.
Sept. 17, 2005 - Source: Portsmouth Herald
PORTSMOUTH - A former Rochester man convicted in the beating death of his then-girlfriend’s 21-month-old daughter is looking to reduce his jail sentence.
He also wants to overturn the ruling that allowed the state to enhance his original sentence by an additional 15 years.
The two cases, one to be heard in Strafford Superior Court and the other in Hillsborough Superior Court, were on the list of cases accepted by the courts in August.
Chad Evans was 29 years old when he was convicted of second-degree murder in December 2001 in the beating death of Kassidy Bortner. He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child and one count of simple assault against the little girl’s mother, Evan’s former live-in girlfriend.
Kassidy’s mother, Amanda Bortner, was found guilty of two counts of endangering the welfare of a child in November 2002 and sentenced to two years in prison. Prosecutors argued that she was aware that Kassidy was being beaten and did nothing to stop the abuse.
In 2004, after Evans lost a Supreme Court bid to have his conviction overturned, the state asked for an enhanced sentence.
An opinion issued by the Supreme Court in December 2003 cleared the way for prosecutors to seek an increased sentence. The opinion reversed the Sentence Review Division’s decision barring the state from petitioning for sentencing review.
Assistant Attorney General William Delker said Evans’ original sentence was 28 years to life. The added 15 years means he will serve at least 43 years.
"He will argue that sentence enhancement was inappropriate because the opinion was enacted after the crime was committed," said Delker. "It was also enacted before he was sentenced."
Delker said Evans will also try to get the state to agree that under no circumstances, in any case, should the state be allowed to appeal a sentence to the review board, and the additional 15 years should be eliminated if the decision is overturned.
No date has been scheduled for either hearing.
The case prompted passage of the Kassidy Law, which makes it a felony for a person who witnesses child abuse not to report it.
Evans was arrested in November 2000 after Kassidy died in the Kittery, Maine, home of Bortner’s sister, Jennifer Conley, and her boyfriend, F. Jeffrey Marshall, who were babysitting the child.
An autopsy report revealed Kassidy’s eyes were open and swollen. She had bruises all over her head, including a swollen, purple lip and another large bruise under her left eye. There were several other abrasions on her face.
The report concluded that Kassidy died from multiple blunt-force injuries that caused bleeding and swelling in her brain, bleeding in the optic nerve and internal bleeding in the abdomen.
Prosecutors said at the time that Kassidy also had various other injuries in different stages of healing. They contended that Evans had beaten the girl over a three-month period.
Killer's sentence is upheld
Sept. 7, 2006 - Source: Portsmouth Herald
CONCORD -- A former Rochester man convicted of repeatedly abusing and finally killing his girlfriend's young daughter has lost his attempt at a shorter sentence.
The state Supreme Court on Wednesday upheld the constitutionality of the state's right to review sentences when it extended the prison time of Chad Evans last year. The court held that a statute amendment, which allows the state to utilize the Sentence Review Board, did not violate ex post facto, due process and double jeopardy claims.
Evans was convicted of second-degree murder in 2001 for beating 21-month-old Kassidy Bortner to death. He was also convicted on five counts of assault and endangering the welfare of a child.
After Evans lost an appeal to have the convictions overturned, the state went to a new review board and asked to extend his original sentence of 28 years to life in prison. Last year, the board added 15 years to Evans' sentence, making it 43 years to life.
In his petition to reduce his sentence, Evans told the Supreme Court the tougher sentence violated his rights because the law allowing it was enacted after the crime. The court disagreed.
The 2001 case shocked the public after an autopsy report showed that Kassidy had died as a result of "multiple blunt force injuries that caused bleeding and swelling in the brain, bleeding in her optic nerve and internal bleeding in her abdomen." Her case prompted the passage of the Kassidy Law, which makes it a felony for a person who witnesses child abuse to fail to report it.
Senior Assistant Attorney General Will Delker said the state is very pleased by Wednesday's Supreme Court ruling.
"It has been a long process to get to this point, almost six years, and we are happy the court found increased sentences are constitutional," said Delker. "We believe the sentence is appropriate for the crimes he committed. The case has been up and down and back and forth, particularly on the sentence review. Now this brings some finality to the victim's family."
It was Rockingham County Attorney Jim Reams who drafted the amendment to give the state the right to utilize the Sentence Review Board.
"I argued in the Legislature that it was constitutional," said Reams. "The Supreme Court has again rejected the arguments that it is unconstitutional. While the state utilizes the Sentence Review Board in an average of 9 percent of the cases that are reviewed, it is an important protection to promote uniformity in sentencing."
Material from The Associated Press was used in the story.
Sept. 7, 2006 - Source: Portsmouth Herald
CONCORD -- A former Rochester man convicted of repeatedly abusing and finally killing his girlfriend's young daughter has lost his attempt at a shorter sentence.
The state Supreme Court on Wednesday upheld the constitutionality of the state's right to review sentences when it extended the prison time of Chad Evans last year. The court held that a statute amendment, which allows the state to utilize the Sentence Review Board, did not violate ex post facto, due process and double jeopardy claims.
Evans was convicted of second-degree murder in 2001 for beating 21-month-old Kassidy Bortner to death. He was also convicted on five counts of assault and endangering the welfare of a child.
After Evans lost an appeal to have the convictions overturned, the state went to a new review board and asked to extend his original sentence of 28 years to life in prison. Last year, the board added 15 years to Evans' sentence, making it 43 years to life.
In his petition to reduce his sentence, Evans told the Supreme Court the tougher sentence violated his rights because the law allowing it was enacted after the crime. The court disagreed.
The 2001 case shocked the public after an autopsy report showed that Kassidy had died as a result of "multiple blunt force injuries that caused bleeding and swelling in the brain, bleeding in her optic nerve and internal bleeding in her abdomen." Her case prompted the passage of the Kassidy Law, which makes it a felony for a person who witnesses child abuse to fail to report it.
Senior Assistant Attorney General Will Delker said the state is very pleased by Wednesday's Supreme Court ruling.
"It has been a long process to get to this point, almost six years, and we are happy the court found increased sentences are constitutional," said Delker. "We believe the sentence is appropriate for the crimes he committed. The case has been up and down and back and forth, particularly on the sentence review. Now this brings some finality to the victim's family."
It was Rockingham County Attorney Jim Reams who drafted the amendment to give the state the right to utilize the Sentence Review Board.
"I argued in the Legislature that it was constitutional," said Reams. "The Supreme Court has again rejected the arguments that it is unconstitutional. While the state utilizes the Sentence Review Board in an average of 9 percent of the cases that are reviewed, it is an important protection to promote uniformity in sentencing."
Material from The Associated Press was used in the story.
Law formed after local toddler Kassidy Bortner's death leads N.H. to achieve 'A' grade for child abuse policy
April 29, 2008 - Source: Portsmouth Herald
CONCORD — Eight years ago, 21-month-old Kassidy Bortner died after being beaten horrifically — including being thrown into a closet door — by her mother's boyfriend, Chad Evans.
Evans and the mother went to prison. He was convicted of second-degree murder, she of child endangerment. Amanda Bortner formerly lived in Rochester, and Kassidy died in the Kittery, Maine, home of Amanda's sister.
But the story doesn't end there.
Four years after the toddler's death, lawmakers passed the "Bortner Law," which requires the state to disclose what it knew about fatal or near-fatal child abuse cases in which state agencies had some oversight over the family.
The state can withhold the information for reasons including protecting siblings, but it must explain itself in writing.
Supporters hoped it would prevent future tragedies.
Today, two leading child advocacy groups, First Star and the University of San Diego School of Law's Children Advocacy Institute, gave New Hampshire one of only two A grades for its child abuse disclosure policy — a policy traceable directly to Kassidy Bortner's death.
The groups flunked 10 states, including Vermont, and gave most of the others poor marks. They said inadequate policies on releasing information preclude the public scrutiny that often is necessary to reform or beef up child protection efforts.
Nevada received the other A. Twenty-eight states received a C+ or lower grade, including Maine, which got a D+.
"When abuse or neglect lead to a child's death or near death, a state's interest in confidentiality becomes secondary to the interests of taxpayers, advocates and other children, who would be better served by maximum transparency," said Amy Harfeld, First Star's executive director and report co-author. "Once we know what is broken, we can try to fix it."
About 1,500 children die annually in the United States as a result of child abuse and neglect, the groups said.
So far, the New Hampshire law inspired by Kassidy's death has not been used.
"There haven't been child deaths that fit within this circumstance," said Associate Health and Human Services Commissioner Nancy Rollins.
Rollins used to lead the state's Division for Children, Youth and Families, whose social workers investigate child abuse reports. Rollins said the law strikes a balance because the state can withhold the information if it would traumatize the child or the child's siblings or compromise prosecutions or other pending legal efforts.
The written explanation of why information was withheld in a given case must be provided to the person seeking the information.
Rollins said Bortner's death helped accelerate changes already under way in training and monitoring staff who handle abuse and neglect cases. The death also helped her agency win legislative support to hire more staff, she said.
The groups said all 50 states receive federal funds under the Child Abuse Prevention and Treatment Act. To be eligible, states are supposed to have provisions that allow for public disclosure of the findings or information about abuse and neglect cases that result in death or life-threatening injuries.
The groups graded states on whether:
- They had a public disclosure policy
- The policy was written in law, a regulation or was oral
- The information was easily accessed
- The scope of the information authorized for release
The state allows public access to abuse and neglect proceedings.
New Hampshire got 95 out of 100 possible points. It lost five points for restrictions on access to abuse and neglect proceedings.
April 29, 2008 - Source: Portsmouth Herald
CONCORD — Eight years ago, 21-month-old Kassidy Bortner died after being beaten horrifically — including being thrown into a closet door — by her mother's boyfriend, Chad Evans.
Evans and the mother went to prison. He was convicted of second-degree murder, she of child endangerment. Amanda Bortner formerly lived in Rochester, and Kassidy died in the Kittery, Maine, home of Amanda's sister.
But the story doesn't end there.
Four years after the toddler's death, lawmakers passed the "Bortner Law," which requires the state to disclose what it knew about fatal or near-fatal child abuse cases in which state agencies had some oversight over the family.
The state can withhold the information for reasons including protecting siblings, but it must explain itself in writing.
Supporters hoped it would prevent future tragedies.
Today, two leading child advocacy groups, First Star and the University of San Diego School of Law's Children Advocacy Institute, gave New Hampshire one of only two A grades for its child abuse disclosure policy — a policy traceable directly to Kassidy Bortner's death.
The groups flunked 10 states, including Vermont, and gave most of the others poor marks. They said inadequate policies on releasing information preclude the public scrutiny that often is necessary to reform or beef up child protection efforts.
Nevada received the other A. Twenty-eight states received a C+ or lower grade, including Maine, which got a D+.
"When abuse or neglect lead to a child's death or near death, a state's interest in confidentiality becomes secondary to the interests of taxpayers, advocates and other children, who would be better served by maximum transparency," said Amy Harfeld, First Star's executive director and report co-author. "Once we know what is broken, we can try to fix it."
About 1,500 children die annually in the United States as a result of child abuse and neglect, the groups said.
So far, the New Hampshire law inspired by Kassidy's death has not been used.
"There haven't been child deaths that fit within this circumstance," said Associate Health and Human Services Commissioner Nancy Rollins.
Rollins used to lead the state's Division for Children, Youth and Families, whose social workers investigate child abuse reports. Rollins said the law strikes a balance because the state can withhold the information if it would traumatize the child or the child's siblings or compromise prosecutions or other pending legal efforts.
The written explanation of why information was withheld in a given case must be provided to the person seeking the information.
Rollins said Bortner's death helped accelerate changes already under way in training and monitoring staff who handle abuse and neglect cases. The death also helped her agency win legislative support to hire more staff, she said.
The groups said all 50 states receive federal funds under the Child Abuse Prevention and Treatment Act. To be eligible, states are supposed to have provisions that allow for public disclosure of the findings or information about abuse and neglect cases that result in death or life-threatening injuries.
The groups graded states on whether:
- They had a public disclosure policy
- The policy was written in law, a regulation or was oral
- The information was easily accessed
- The scope of the information authorized for release
The state allows public access to abuse and neglect proceedings.
New Hampshire got 95 out of 100 possible points. It lost five points for restrictions on access to abuse and neglect proceedings.
Documents ~
State v. Bortner -
150 NH 504, 841 A. 2d 80 - NH: Supreme Court, 2004 - Google Scholar
150 NH 504 (2004).
150 NH 504, 841 A. 2d 80 - NH: Supreme Court, 2004 - Google Scholar
150 NH 504 (2004).
THE STATE OF NEW HAMPSHIRE v. AMANDA BORTNER.
No. 2003-069. Supreme Court of New Hampshire. Argued: January 7, 2004. Opinion Issued:
February 2, 2004. 505 Peter W. Heed, attorney general
State v. Evans -
150 NH 416 - NH: Supreme Court, 2003 - Google Scholar
... attorney general (N. William Delker and Simon R. Brown, senior assistant attorneys general,
on the brief, and Mr. Delker orally) for the State. ... see RSA 631:2-a (1996), following the death of
twenty-one-month-old Kassidy Bortner, the daughter of his girlfriend, Amanda Bortner.
February 2, 2004. 505 Peter W. Heed, attorney general
State v. Evans -
150 NH 416 - NH: Supreme Court, 2003 - Google Scholar
... attorney general (N. William Delker and Simon R. Brown, senior assistant attorneys general,
on the brief, and Mr. Delker orally) for the State. ... see RSA 631:2-a (1996), following the death of
twenty-one-month-old Kassidy Bortner, the daughter of his girlfriend, Amanda Bortner.
Kassidy Bortner
Murder suspect Chad Evans looks out the window of a State Police cruiser as he is driven from Rochester District Court following his arraignment hearing where he was ordered held without bail.
Amanda Bortner