Mass. High Court Hears Life Support Case
Mass. High Court Hears Life Support Case Involving Man Accused of Beating Stepdaughter
By ADAM GORLICK
The Associated Press
BOSTON - A man accused of beating his stepdaughter tried to convince a skeptical Supreme Judicial Court on Tuesday that he should have a say in whether the 11-year-old is removed from life support.
Jason Strickland, who could face a murder charge if Haleigh Poutre dies, wants the state's highest court to overturn a juvenile court judge's decision that he has no parental rights over the girl, who is now in state custody.
"Without intervention from this court, this child will die," said John Egan, one of Strickland's lawyers.
Haleigh was hospitalized in September with severe brain injuries. Police say she had been beaten by Strickland and his wife, Holli, who was Haleigh's adoptive mother.
Within two weeks of being charged with assault and battery, Holli Strickland, who was also Haleigh's aunt, was found dead alongside her grandmother in a possible murder-suicide. Jason Strickland, a 31-year-old auto mechanic, is free on bail while awaiting trial on assault charges.
In September, a juvenile court judge granted a request from the state Department of Social Services to disconnect Haleigh's ventilator and feeding tube. Strickland is trying to fight that ruling by arguing he should be designated as the girl's de facto parent because he lived with her for four years.
But that argument didn't fly with some of the justices. "That's not going to do it," Chief Justice Margaret Marshall said.
Both she and Justice John Greaney indicated they are unlikely to give Strickland what he wants.
"He has no standing," Marshall said.
She said de facto parenthood is typically reserved for someone being prevented from having a relationship with a child by the child's biological parent.
Greaney expressed concern about putting the girl in the custody of her alleged abuser.
Strickland's lawyers say the state has pushed for removal of Haleigh's life support, but no one has argued that the girl should live.
"There should always be someone who will argue for life," Egan said.
Strickland has been denied access to the juvenile court proceedings because he is not a parent. His lawyers also argued Tuesday for those records to be unsealed.
Virginia Peel, a lawyer for DSS, which has legal custody of the girl, said Haleigh's doctors have agreed she will not come out of her vegetative state.
"This is not about the right to life," Peel said. "This is about the circumstance under which this person is allowed to die."
Both of Haleigh's doctors agree she should be removed from the ventilator, but they are split over whether her feeding tube should be disconnected.
They have said that with her feeding tube alone, Haleigh could live as long as two months. Without any life support assistance, she would die much sooner, the doctors said.
Egan said Strickland should be allowed to have another doctor examine the girl, but Peel said that isn't necessary.
"When you have consistent medical opinions, why do you have to find a doctor who might who might challenge that," she said.
Haleigh was adopted by her aunt about five years ago after her biological mother moved to Virginia with a new boyfriend. Jason Strickland never formally adopted the girl, but is arguing that as the stepfather, he should be considered a de facto parent and allowed to have a say in whether she lives or dies.
A baby sitter for Haleigh testified last week in Westfield District Court that she had watched Holli Strickland repeatedly kick Haleigh down a flight of stairs and beat her with a baseball bat. She also said Jason Strickland had hit Haleigh with an open hand and a plastic stick.
Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Copyright © 2005 ABC News Internet Ventures
~ what's the difference between this case, & the Teri Schaivo case? where is congress? where is President Bush? where are all the right to lifers???
i can tell you the difference. this little girl is poor. her care is being paid for by the government.
it's such a double standard it makes me sick.
Teri allegedly said she didn't want to be kept alive on life support. i seriously doubt a little kid could grasp the concept of life support. she obviously didn't have an opinion.
when in doubt, doesn't our own president say "choose life"?
why is no one fighting for this little girl to live, except for the SOB who killed her?
what is wrong with our society???
personally, i think they should let her go, but i thought they should let Teri go too.
there is nothing worse (IMO) than a blatant double standard between the haves & the have nots.
Mass. High Court Hears Life Support Case Involving Man Accused of Beating Stepdaughter
By ADAM GORLICK
The Associated Press
BOSTON - A man accused of beating his stepdaughter tried to convince a skeptical Supreme Judicial Court on Tuesday that he should have a say in whether the 11-year-old is removed from life support.
Jason Strickland, who could face a murder charge if Haleigh Poutre dies, wants the state's highest court to overturn a juvenile court judge's decision that he has no parental rights over the girl, who is now in state custody.
"Without intervention from this court, this child will die," said John Egan, one of Strickland's lawyers.
Haleigh was hospitalized in September with severe brain injuries. Police say she had been beaten by Strickland and his wife, Holli, who was Haleigh's adoptive mother.
Within two weeks of being charged with assault and battery, Holli Strickland, who was also Haleigh's aunt, was found dead alongside her grandmother in a possible murder-suicide. Jason Strickland, a 31-year-old auto mechanic, is free on bail while awaiting trial on assault charges.
In September, a juvenile court judge granted a request from the state Department of Social Services to disconnect Haleigh's ventilator and feeding tube. Strickland is trying to fight that ruling by arguing he should be designated as the girl's de facto parent because he lived with her for four years.
But that argument didn't fly with some of the justices. "That's not going to do it," Chief Justice Margaret Marshall said.
Both she and Justice John Greaney indicated they are unlikely to give Strickland what he wants.
"He has no standing," Marshall said.
She said de facto parenthood is typically reserved for someone being prevented from having a relationship with a child by the child's biological parent.
Greaney expressed concern about putting the girl in the custody of her alleged abuser.
Strickland's lawyers say the state has pushed for removal of Haleigh's life support, but no one has argued that the girl should live.
"There should always be someone who will argue for life," Egan said.
Strickland has been denied access to the juvenile court proceedings because he is not a parent. His lawyers also argued Tuesday for those records to be unsealed.
Virginia Peel, a lawyer for DSS, which has legal custody of the girl, said Haleigh's doctors have agreed she will not come out of her vegetative state.
"This is not about the right to life," Peel said. "This is about the circumstance under which this person is allowed to die."
Both of Haleigh's doctors agree she should be removed from the ventilator, but they are split over whether her feeding tube should be disconnected.
They have said that with her feeding tube alone, Haleigh could live as long as two months. Without any life support assistance, she would die much sooner, the doctors said.
Egan said Strickland should be allowed to have another doctor examine the girl, but Peel said that isn't necessary.
"When you have consistent medical opinions, why do you have to find a doctor who might who might challenge that," she said.
Haleigh was adopted by her aunt about five years ago after her biological mother moved to Virginia with a new boyfriend. Jason Strickland never formally adopted the girl, but is arguing that as the stepfather, he should be considered a de facto parent and allowed to have a say in whether she lives or dies.
A baby sitter for Haleigh testified last week in Westfield District Court that she had watched Holli Strickland repeatedly kick Haleigh down a flight of stairs and beat her with a baseball bat. She also said Jason Strickland had hit Haleigh with an open hand and a plastic stick.
Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Copyright © 2005 ABC News Internet Ventures
~ what's the difference between this case, & the Teri Schaivo case? where is congress? where is President Bush? where are all the right to lifers???
i can tell you the difference. this little girl is poor. her care is being paid for by the government.
it's such a double standard it makes me sick.
Teri allegedly said she didn't want to be kept alive on life support. i seriously doubt a little kid could grasp the concept of life support. she obviously didn't have an opinion.
when in doubt, doesn't our own president say "choose life"?
why is no one fighting for this little girl to live, except for the SOB who killed her?what is wrong with our society???
personally, i think they should let her go, but i thought they should let Teri go too.
there is nothing worse (IMO) than a blatant double standard between the haves & the have nots.
i guess it's one of those questions that have no answer. 
