THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, October 7, 1994 TAG: 9410070633
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 68 lines
After a judge's ruling Thursday, prosecutors must decide whether to seek felony child-neglect charges against Kathleen Padilla in the death of her 18-month-old daughter from untreated diaper rash.
Prosecutors were unavailable late Thursday to say whether they would pursue any charges. Padilla could face up to 10 years in prison if convicted.
Circuit Judge Jerome James said he had decided not to issue a bench warrant for misdemeanor or felony charges against the 25-year-old mother of seven, although he said he believed such action would be allowed based on his review of case law.
``After a lot of careful thought and soul searching, my thought is to allow the commonwealth to pursue any action they think appropriate,'' James said.
Assistant Commonwealth's Attorney Valerie Bowen said she thought her office would pursue charges against Padilla because of the nature of the case.
``You don't realize until you see the pictures how serious the situation is,'' Bowen said. ``Even a child could have looked at that and known it wasn't right, that it needed medical attention. When a child dies - especially when it's preventable - something has to be done.''
A tearful Padilla left the courtroom Thursday unsure what action, if any, prosecutors would take.
``It seems like it's over, but we just have to wait and see,'' she said. ``It's been very bad, because I lost my baby and they took my others away.''
Immediately after the child, Megan Capps, died - of a severe staph infection that entered her bloodstream and sent her into shock - Padilla's other children were removed from her care.
Since then, Padilla has been able to take back two children who temporarily were kept in foster care. Her 5-year-old returned to live with her on May 9; her 8-year-old, on July 17. In a hearing Oct. 18, Padilla said she hopes a judge will rule that two other children can come back to live with her. A third child would remain in foster care, and another is living with a grandparent.
Padilla - who scored in the borderline retardation level on intelligence tests after Megan died - received counseling and parenting training before Social Services allowed the children to be returned to her care.
``I've learned through all of this so far that I'm the parent and I have to be the one responsible for the kids,'' she said Thursday. ``I've learned to be more honest with other people.''
In July, Judge James found Padilla not guilty of involuntary manslaughter in Megan's death. He also said that he wanted to issue a bench warrant charging her with child neglect. But the defense objected, and the judge asked both sides to file papers on their position.
When police came to Padilla's house on the morning of Feb. 17, 1993, they found Megan in her crib, her eyes open, her fingers blue. She wore a pink shirt, blue coverall and urine-soaked diaper. Springs poked through the mattress and trash lay on the floor. Diaper rash had spread throughout her abdomen.
Padilla's counselor, who has worked with her in recent months, sat by her side on Thursday. ``The tragedy never ends where Megan's death is concerned,'' he said. ``There are brothers and sisters who want to be a family again.'' ILLUSTRATION: Photo
Megan Capps died from severe diaper rash. Thursday, a judge left any
felony charges up to prosecutors.
KEYWORDS: CHILD NEGLECT FATALITY DIAPER RASH
ARREST by CNB