Kristen Barbour Seeks to Alter Sentence for Abuse of Adopted Ethiopian Children

For the second time since she pled no contest in June 2014 to felony charges of endangering two adopted Ethiopian children, Kristen Barbour has asked that the terms of her punishment be changed. The district attorney has filed objections to any change in Kristen Barbour’s sentence.

Last September, Kristen Barbour was sentenced to six to 12 months in jail for pleading no contest to the felony charges of endangering the two children she and her husband had adopted in 2012. In October, she petitioned the court to serve the sentence in an alternative housing situation. That request was denied, and she was sent to the Mercer County (Pennsylvania) jail.

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However, she has been allowed out up to six days a week to be in her home during the day with her two biological children (who were unharmed by her or her husband) while her husband, Douglas Barbour, works at the family gardening/nursery business. Her petition to allow time served before sentencing to decrease her time of 6 to 12 months in jail was also denied. She is not allowed to take the children outside the home, with the exception of doctor visits (or similar) for which she must get advance permission.

On December 17, Kristen’s attorney, Robert Stewart, filed another petition on Kristen’s behalf, asking that she be allowed to live at home, with electronic monitoring. According to a Pittsburgh Post-Gazette article, Stewart’s petition said that “Barbour ‘poses no threat to society and no evidence was presented to show that she has any propensity to be a recidivist.'”

To me, that misses the point. I agree it’s unlikely that Kristen Barbour will harm other children. She did not harm her biological children. She did, though, plead no contest to endangering and abusing two little children. The sentence is designed to be a punishment for child abuse, and to be a message that such abuse will not be tolerated.

Another family adopted the two Ethiopian children last year. Read more here about how the children are doing after having been removed from the Barbours. In the Post-Gazette article, the new adoptive mother, Alison Patterson, is quoted as saying: “That Ms. Barbour caused this petition to be filed just two months into a sentence that includes daily furlough is further evidence that she fails to grasp the seriousness of the crimes for which she has been convicted…(I)f this petition is granted, I worry for the future time when I will have to explain this to my children,” Mrs. Patterson said. “I worry right now for the message this petition sends to other child victims.”

The district attorney’s office has weighed in, objecting to any change in Kristen Barbour’s sentence. The January 2 Pittsburgh Post-Gazette quotes Jennifer DiGiovanni, deputy district attorney, as saying “It would send a message to the community that endangerment that led to observable suffering and permanent damage is not something that the criminal justice system takes seriously.”

There will be a hearing to consider Kristen Barbour’s request; the date has not yet been set.

 

Removed From the Barbours, The Children Have Flourished

In “Help, Thanks, Wow: Three Essential Prayers,” Anne Lamott wrote…”Nothing can possibly make things okay again. And then, people and grace surround the critically injured person or the bereft family. Time passes. It’s beyond bad. But people don’t bolt. Love falls to earth, rises from the ground, pools around the afflicted. Love pulls people back to their feet. Bodies and souls are fed. Bones and lives heal. New blades of grass grow from charred soul. The sun rises. Wow.”

Many people have asked how the two adopted Ethiopian children adopted by Douglas and Kristen Barbour are doing. The little ones arrived from Ethiopia in March 2012, were removed from the Barbours by the state of Pennsylvania in October 2012, and went to a foster home. The Barbours pled “no contest” in June 2014 to abusing and endangering the children, and terminated their parental rights this summer. They were sentenced this week: probation for him and a prison term of 6-12 months for her, which she may well serve at her home, not in prison. Read more here.

The children, a boy and girl, now 8 and 3, are flourishing since being adopted by a new family that includes parents Alison and Kevin Patterson, plus 3 siblings. It’s such good news, and the only happy part of this whole miserable case.

The following information is from the Victim Impact statements Alison and Kevin submitted to the court for the Barbours’ sentencing hearing this week; the statements and the photos below are part of the public record from the sentencing.

Alison Patterson’s statement:

“E  is an athletic, intelligent and good-humored boy with a handful of close friends. He debates between a future in engineering or medicine, though sometimes he considers professional sports or the circus.

“He also struggles with his self-esteem, has some separation anxiety when parted from the other children in our family, has light scars from the sloughing of skin (“peeling like paint” was the language used to describe the condition), and has intrusive thoughts about the summer and early fall of 2012. These symptoms have decreased significantly over the past year, and he is a far different child from when he arrived, small and fearful in October 2012.

“The first day we met, E asked me which bathroom he could use. When I told him that he could use any bathroom he wished, he told me that his ‘body was unsafe for other people.’ I told him this was certainly untrue. But he believed it to his core — why would he have been kept in the bathroom in the dark if it wasn’t true?

“He feared the dark, which we corrected by using nightlights. He feared the bathroom fans so much so that he would break into a cold sweat, and we replaced them with whisper-quiet fans. He asked where he could eat, what he could eat, whether he was allowed to eat the same foods as other family members, and whether he was still allowed to use the same bathroom or eat the same food when we had guests. He could not be upstairs alone, and feared that if he went to his room unaccompanied we might forget and leave him there.

“He told us that after what had happened, he ‘[did] not know how to play with other kids anymore.’ Our other children amazed me and my husband with their intuition and with their compassion. We supervised playdates closely to promote positive peer interactions, and his post-traumatic stress disorder therapy helped him to see himself as not so alien to other people. He began to make lasting connections.

“It has been suggested that many of the behaviors observed were adoption-related, and that E was ‘troubled’ and ‘overwhelming.’ But his life in Ethiopia was no more ‘troubled’ than that of many other adopted people. While his first family could not provide for him, he was and is adored by his Ethiopian foster mother K, and her grown children W and EE.  K says that she ‘call[s] him my son’ and she misses him. EE keeps E’s picture at her own home, and thinks of him every day. I debated revealing this very private bit of information, but I hope it helps [the court] to think differently about ‘orphan.’ E has been loved by many, and he is the son of many who are proud to call him son.

“For (the daughter) R, anti-seizure medication had to be taken exactly on time to avoid seizure activity, this in a child with no seizure history prior to a traumatic brain injury in September 2012. When she arrived in our home, she had no reflexes, and she would not catch herself if she leaned while sitting. She had to learn to walk again, but we could not risk a fall. Thus, I had to be within literal arms’ reach at all times.

“But she learned to walk. And then to run. And soon, with therapy and role modeling by the children around her, to talk. She is a marvel: funny and warm-hearted.

“She also has poor impulse control, and a combination of high intelligence and the significant likelihood of permanent learning disability as a result of frontal lobe damage.Her vision has improved. Her Physical Medicine and Rehabilitation specialist is pleased by her progress, but cautions that school will be a challenge. Most of her disability will be invisible, and a private struggle.

“R is too young to speak to you about her experiences, and perhaps too young to have any speakable memory of the events. But someday she will have to come to terms with the fact that her difficult start in Ethiopia was followed by her near death in Pittsburgh. E says little these days about 2012, and he functions marvelously in a large and loving family. But he also has a lot to live with for a little person, and as loved as he is, his life will never be normal. He will not always be a PTSD patient, but he will always be a child who almost starved to death in the midst of plenty.

“E and R, like all child victims, deserve the court’s protection, as well as a sentence proportional to the harm done and permanency of the damage and reflective of society’s understanding of the value of these children’s lives.”

Little R Looking at a Llama– Photo by Heather Kresge Photography

Kevin Patterson’s statement:

“R is exuberant. She brings life to every room that she enters, and she has a smile that lights up everyone around her. She is active and smart. She likes to take care of baby dolls, and her hugs are strong and insistent. She is impulsive and trusting, throwing herself off of a climber at the playground and into my arms – ‘You catch me!’ she said with a smile and without having considered the risks. She knows that she is adored.

“As her father, I know that someone tried to kill my little girl, and that someday I will have to help her come to terms with that knowledge.

“I want for my children what any good father would want. I want them to know that they are valuable, that their existence as people is important and meaningful. I want them to find joy in the world without feeling like it may all come crashing down at any moment. I know that, despite my love for them, I shouldn’t have them. The conditions under which they came to be my children are those of a dangerous and unjust world.

“I have done and will continue to do everything in my power to expose them to the parts of the world that are lovely and good. I ask for your (the court’s) help in that mission. I would like to, one day, be able to say to them, and show them the proof, that their lives were valued not only by our family, but by our society. Given the seriousness of the crimes committed, the lasting effects on my children, the lack of admission of guilt or even expression of remorse for the children’s pain and for all they have lost, I ask for the maximum sentence possible for the crimes to which the Barbours have pled no contest.”

Kevin and Alison are not taking questions about the case, and have not commented on the Barbours’ sentence except in the Victim Impact statements above. A September 15 Pittsburgh Post-Gazette article “Franklin Park couple sentenced for abusing adoptees” is available here.

Kevin and Alison shared the following thoughts with me, thanking the community, referring to Hana and Immanuel Williams, noting that no child should be abused, and that all children deserve justice:

We extend our sincere thanks to all who have expressed their love and support for the children. We are especially thankful to all those who have spoken up for our son and daughter when they could not speak for themselves and when we could not speak for them. Maureen McCauley Evans, amaseganallo (thank you in Amharic).

Hana Williams is in our hearts today, as are Immanuel and his family, and all children who have been blamed for the violence committed against them. It is worrisome that we have to assert repeatedly that it is never, ever, ever the child’s fault, but assert it we must.

Patterson Family Photo

My thanks to Kevin and Alison, and all good wishes to the children. May they always be safe and surrounded with love. Bones and lives heal. Wow.