A 25-page report issued last week by the Nassau County Commissioner of Investigations has determined that Nassau County Department of Child Protective Services (CPS) caseworkers and supervisors made several errors in judgment when handling the complaint against a New Cassel woman who allegedly murdered her three young children.

On Feb. 24, less than 48 hours after a complaint was filed against her with CPS, 27-year-old Leatrice Brewer called 911 to report that she had drowned her 6-year-old daughter Jewell Ward and sons Michael Demesyeux, 5, and Innocent Demesyeux, 18 months, in a bathtub at the family's Prospect Avenue apartment. Brewer, who is being represented by Michelle Armstrong of Uniondale, is currently being held at the Nassau County Correction Center in East Meadow on murder charges. She is awaiting a psychological evaluation for a possible insanity defense.

In early March, County Executive Thomas Suozzi ordered a review of all open CPS cases with specific emphasis on the agency's contact with Brewer and her family. Although the commissioner's investigation found neither CPS policy nor management at fault, it did conclude that two CPS employees should be demoted and a part-time caseworker terminated, as well as criminally prosecuted, for not handling the case properly.

What Investigators Considered

In conducting the investigation, the county was seeking to determine what, if anything, went wrong with its system specifically designed to protect children.

Investigators looked into whether the children should have been removed from Brewer's care prior to the Feb. 22 complaint and determined that there was no legal basis, under New York State's stringent legal standard. Although there were nine previous neglect complaints against Brewer filed with CPS - the last one being in early 2007, investigators found the agency had "no legal basis to remove the children from the home" and that, in most cases, Brewer herself was the complainant.

Investigators also looked into what types of services the county offered the family over the years and determined that Brewer had, to a limited degree, taken advantage of them. It was determined that while additional parenting support and counseling services could have been offered, Brewer could not be forced to participate since there was no history of abuse, maltreatment or neglect against her.

Investigation Findings

While investigators state they can "never know whether the mother's actions could have been prevented, additional steps could have been taken to investigate the most recent allegations." In fact, in its report, investigators state they made a "number of troubling discoveries."

Investigators determined that, on the afternoon of Feb. 22, a caseworker was sent to the Prospect Avenue apartment to investigate a complaint made earlier that day by 28-year-old Innocent Demesyeux, the father of the two boys killed. While at the home, a day caseworker testified that a downstairs neighbor told her Brewer was not home and the caseworker left a note asking Brewer to call.

Phone records reviewed by investigators state that the caseworker spoke with Brewer for 90 seconds later that afternoon; the caseworker, however, never documented the call and, as a result, investigators have no way of knowing the mother's mental state at the time. When asked about the call, the caseworker never denied Brewer called her and that they spoke; rather the caseworker stated that "maybe" she spoke with the mother and insisted that she "can't recall" a conversation.

Later that evening, a second caseworker was assigned to return to the home and, according to the investigation, did so at around 7:30 p.m.; again, no one was home. As a result, under CPS policy, a weekend follow-up was to be scheduled for Saturday, Feb. 23 but night supervisor Eddie Arredondo assigned a weekend caseworker to visit the home on Sunday, Feb. 24 instead.

It was determined through the investigation that seven caseworkers were available to handle the Saturday caseload. Arredondo told investigators that a part-time weekend caseworker was scheduled to visit the home Sunday, rather than Saturday, because, based on the allegations presented to him, "the case [was] a 'classic' custody dispute carrying little risk for the children ..."

On the morning of Feb. 24, Nassau County Police received a 911 call from Brewer herself stating she had killed her three children. Additionally, investigators learned that the part-time weekend caseworker scheduled to conduct the follow-up never showed up at Brewer's home at all that Sunday.

According to investigators, the weekend caseworker's actions remain a mystery for several reasons, including, but not limited to his not making an attempt to visit the Brewer home at all that Sunday.

Investigators also said they cannot confirm whether the case was actually assigned for a weekend. According to investigators, a chart emailed to the CPS assistant director the evening of Friday, Feb. 22 indicating what cases a caseworker is assigned to handle over the weekend has "mysteriously disappeared." While emails are sent every Friday night, "no such email has thus far been located ... That email message for the Friday in question thus would confirm whether the case in fact had been assigned to the weekend caseworker to make a visit over the weekend," states the report.

When questioned, the weekend caseworker allegedly scheduled to make the Sunday visit invoked his Fifth Amendment right and has since refused to provide information about his work for the county. This, said investigators, has made it impossible for them to obtain any direct answers about his actions. The weekend caseworker has also, allegedly, refused to confirm that the case was assigned to him and will not explain why, if a visit was planned for Sunday, no attempt was ever made.

"We have not been able to learn all of the facts concerning certain steps that were taken, not taken and why," the report states.

These issues, along with time sheet discrepancies unrelated to this case that investigators allege the weekend caseworker submitted, have been referred to the Nassau County District Attorney's Office.

Actions and Recommendations

The report makes numerous recommendations concerning additional levels of supervision, increased education and training, upgrading social workers' technology, more public education and the hiring of additional employees.

Additionally, the report recommended disciplinary actions be taken against three of the employees involved. As of press time, the part-time weekend caseworker was terminated and both Arredondo, who during the investigation was suspended without pay (vacation time was permitted to be utilized once it appeared the investigation would take more than 30 days), and a day caseworker, who was placed on desk duty during the investigation, were demoted.

According to Civil Service Employees Association (CSEA) Local 803 President Jerry Laricchiuta, the union plans to fight the demotions before an arbitrator, hopefully by August. Laricchiuta told Anton Community Newspapers that both Arredondo and the day caseworker are "top- notch" employees who, because tragedy occurred, are being blamed.

According to the union president, caseworkers followed New York State Social Service Law guidelines and complied with guidelines, including commencing an investigation within 24 hours of the initial complaint.

"It's not them that should be blamed; the number one person to blame here is the mother who killed these poor kids," said Laricchiuta. "Our employees do a damn good job and take their job seriously. It is a shame to point fingers."

He continued, "CPS handles 6,000 cases a year and the other 5,999 cases were handled the same way. Our CPS workers have followed the policy, which is New York State Social Services Law, to the letter. If there is a problem with CPS, it's with the policy, not with our workers not following it."