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Yesterday I expressed in mild, respectful and polite terms our family’s concerns that the investigation into Henry’s death was perhaps not being pursued as vigorously as it could be by the authorities. We have felt that way since the day he was admitted to the hospital with injuries from a physical assault and a drug overdose, as well as severe brain damage from the fact that those who watched him OD declined to call 911 for hours, even as he became unconscious and began aspirating his own vomit.

I am disappointed that since that time, the Knox County Sheriff’s Office chose to release a statement in response to media coverage of Henry’s death in which they stated that the “preliminary investigation shows no evidence of homicide as a result of an assault.”

As a mother who has lost a child, it is certainly tempting to get into a point by point refutation of KCSO’s statement; I won’t do this however, because I do not wish to sully or interfere with their ongoing investigation. Suffice it to say, however, that the “preliminary investigation” to which they refer has been extremely disappointing at this point despite my own active efforts in following leads, talking extensively with witnesses, and BEGGING authorities to follow leads I’ve provided. Let me also say that as I sit here next to my dead son’s medical records that refer to “assault,” “skull fracture,” closed head injury,” etc it’s hard for me to understand reasoning that assumes at this point that the assault he DID experience in the 24 hours preceding his ER admission has no relevance to their investigation.

The circumstances of Henry’s death are admittedly complex from a medical and investigatory standpoint. It’s not as cut and dried as if someone had shot him or stabbed him. The circumstances involve a number of discrete medical factors and activity by sveral different individals, EACH of which must be fully investigated before any conclusions – preliminary or otherwise – can be reached. I respect that this is a difficult and time consuming process for the officers involved, and I hope and expect that they will do the very best job they can going forward. It is extremely tempting to share everything our family knows about the 24 hour period before Henry was taken nearly lifeless to UT Medical Center that day. If I shared these details publicly at this time, however, it would make the investigators’ jobs more difficult and perhaps sully the criminal charges we expect to arise. But it’s hard not to tell people what we know when KCSO is releasing statements like the one they put out yesterday.

Let me be clear: ALL WE WANT IS A TRULY THOROUGH, SKILLED AND COMPREHENSIVE INVESTIGATION. The outcome isn’t up to us. We are not demanding arrests or convictions. We are asking for a really top-notch investigation by professionals who seem to care what really happened. I will not rest until I feel confident that every lead has been followed to its completion. I understand that my son’s addiction and the behaviors around that addiction will be exposed fully by such an investigation. We have made it clear to the investigator that we understand and accept this. Henry’s addiction did not define him, and at 18, any poor choices he had made were ones from which he could have recovered amd moved away from.

My son was not a throwaway addict. He was a special, brilliant, loving son, big brother, cousin, nephew, grandson and friend. Please know that.

henrylove

If any members of the media would like to discuss this case with our family, which we encourage, please contact our attorney. Don Bosch.


UPDATE: Thanks to Les Jones for blogging about Henry’s case today.

UPDATE: In response to some commenters on the stories about Henry in various news outlets today, I want to clear something up once and for all regarding the issue of why Henry did not “provide a statement” to investigators during the 38 days he was hospitalized before his death.

For the record, following his admittance to the ER on April 27th, my son was never again able to speak more than 2-3 words – and that took terrific effort. “Doing better” for him meant a two week period in the middle of his 38 day ordeal when he was moved from UT to St. Mary’s neurological rehabilitation unit, still unable to walk, communicate clearly or feed himself. He could not read or write. This was indeed an “improvement” from the two previous weeks when he was close to death. Unfortunately, his brain injury then deteriorated further and he was readmitted to UT’s ICU from St. Mary’s, where he died on Monday, speechless and voiceless. My son was never capable of giving a meaningful statement – written or verbal – to anyone following his admittance to the hospital on April 27; his brain injury was too severe and any one of his neurologists would (and will) confirm this. However, if it meant getting some progress on an investigation, we were certainly willing to have the KCSO come and try to talk to him, as I clearly told the KCSO investigator after he told me that unless Henry could speak directly to him, then “there is no victim.” After he told me that, I told him to come immediately, any time. I knew he wouldn’t be able to have a meaningful conversation with Henry, who was barely able to speak, but I didn’t want the investigators saying we were preventing them from speaking to Henry. We (it was his doctor’s idea) even offered to have a speech therapist present to try to help facilitate the interview to the extent it could help KCSO in their investigation. No one ever came to talk with him in those 38 days, although I do believe the detective came by the hospital one time while Henry was away from his room having an MRI. He never returned.

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  115 Responses to “UPDATED: Disappointing”

  1. Dear Katie,

    Please know that you and your family have my utmost sympathy at this terrible time. Please disregard the ignorant and rude things that some have posted, and know that you are in the thoughts and prayers of many, many more.

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  3. i know there’s a lot of grieving going on here, but I’m just thinking that Rachel (maddow) (Keith) Olbermann will most probably not be found on facebook.

    I am still so sorry about Henry. None of it is fair.

    Here’s the thing about raising kids: you can’t control another person. You can influence them, you can hurt them in an effort to make them behave how you see fit. Katie chose – and taught so many other women to choose – to guide and teach and love her kids, using kindness to help them make good choices. Nobody’s denying that Henry made some bad choices – ones that eventually controlled and killed him.

    There is no one person to blame. We are ALL a part of a complex system here, and if you are willing to come out of the woodwork to tear down a neighbor – another of God’s children – in such a deep time of grief, then shame on you. I hope you remember your ugly words and actions when you are the one in need.

    I haven’t seen once that Katie or her friends or family are asking for the police to drop everything to investigate this. It’s shocking to me that the people of Knoxville don’t understand that someone wielding a weapon who wants to rob someone may have taken Henry as an easy target for whatever reason – but next time it may be you, as you are carting groceries to your car. It may be you, in the middle of the night, in your own home. It may be you, as you are walking home from church. They were willing to harm – apparently with intent to kill – a boy addicted to drugs. But what happens when they need more money? Is there another buyer and another? Or will they start preying on others? You’re a fool if you don’t expect this to be investigated and the perpetrators to be brought to justice. A fool.

    Katie, your loss is totally incomprehensible to me. My oldest son is almost 9 and I have three other girls younger than he – your writing and your work was instrumental in the choices I’ve made in raising my children. They are brilliantly funny, beautiful little creatures with a bright light that shines in their eyes. They are curious and questioning, and I can only hope that they grow up to be as beautiful, kind, caring, and important to their community as Henry so obviously was. I definitely plan to share Henry’s story with my son – and soon; it really never is too early. I wish you a beautiful birth, and much hope and healing in the months and years to come. I hope a thorough investigation is done, and that you are able to receive closure in this horrific assault.

    There is so much love coming at you from all over the world. I hope you can feel it.

  4. I’m so sorry for you and your family. There are no words to adequately express my sympathy. I can say that thanks to you sharing your story I will be very viligiant with my own two boys when they reach the teenage years. I hope justice is found for H.

  5. Dear Rachel Obermann,

    You Suck, go find another blog to harass a family on. And you have NO idea what you are talking about. K thanks bye.

    _________________________________________________________________

    A first year law student could tell you that this was homicide. The first act being the main cause, and the negligent friends being an associated act (OD) that CAUSED the death of HENRY.

    KCSO needs to get off their asses, and get this case solved. No one expects them to solve this in a day, after all word is that they just really starting investigating recently- So I think 5 weeks is plenty of time for them to priortize their tasks. Jesus Christ this is NOT Baltimore or Memphis or Detroit where the murder cases are stacked so high they are unable to solve them expeditiously.

    This is KNOX COUNTY, in Knoxville Tenneseee. GET GOING KCSO, you already screwed up cases like Johnia Berry, don’t do it again. Learn from your mistakes and move forward.

  6. Katie, I am so sorry to you and your family for your loss. I am also disheartened by the statement released by KCSO. Yes, the combination of the assault and the overdose makes it difficult to determine if the assault was THE cause of Henry’s death, but at the very least, an assault occurred, and it should be investigated. My feeling on the fact that Henry was attempting to buy drugs is this: crossing the street without looking is dangerous, but it does not give someone the right to gun it and purposely run you over. He did not deserve this. You did not deserve this. No one deserves this. I wish you and your family strength in the coming days.

  7. This comment is in response to the failure of KCSO to actively pursue a criminal investigation in regard to your son’s attack. While nothing can be done to provide adequate justice for the injury and ultimate death of “H”, perhaps a civil suit could at least materially hold those involved in his death accountable. While I realize there is no dollar amount in the world that could “repay” the loss of a child, plus the fact that it is highly doubtful that any of the individuals involved will be financially solvent enough to “repay” you for his assault and death, at least they will have to think about “H” each time they make a payment toward the total sum owed to you. You and your family remain in my prayers.

  8. I was scrolling to the end of the comments to suggest a civil suit and I see that Shelly just beat me to it.

    I suspect, however, that those better versed in the law than I am will suggest that a civil suit first would prejudice a criminal action – any attorneys care to weigh in?

    Also, Rachel and crew? FO.

  9. In my humble opinion even if they don’t have the evidence they need from the beating, he was sold a cocktail of drugs that killed him. Why can’t they charge the dealer with murder for selling his poison to Henry in the first place??

  10. Is anyone “throwaway???” How sad.

  11. Sadly what you are witnessing is commonly known as “discriminatory enforcement.” The police and the majority of the public view drug use through a very narrow lens – it’s overwhelmingly criminal to them while the public health aspect is minimized, if recognized at all. Like most discrimination it is based in fear and ignorance. The more they can remove themselves, deflect and assign blame and rationalize away from identification, the safer and more immune they think they are.

    For the most part, it is really a human rights issue. Many elements in our society (and world-wide for that matter) feel that users and addicts are not entitled to equal protection under the law. And you’d be hard pressed to find a place where that attitude is more prevalent than behind the “blue curtain.” Couple this with the fact that in the US, officers have broad discretion in enforcing the law and it’s a recipe for an abomination of justice.

    All that said, my guess is they’ve never anticipated the likes of Henry’s mama. A mother’s love and grief channeled into astute activism can be a power like they’ve never known.

    You go.

  12. “Yes, this seems to be indicative of a culture within the Sheriff’s department of screening certain crimes that they believe do not deserve investigation. This is a top-down problem, and won’t be easily solved.”

    I’m another third party who learned of all this earlier in the week via Instapundit. I’m also from another state, so I have to ask: Do you guys elect your sheriffs in Tennessee? If so, and it really is a top-down problem, then Knox County voters need to elect a new sheriff at the end of this term.

    Katie and family, I’m very saddened by all this, especially how the non-investigation is adding insult to injury. You and your family are in my prayers.

  13. “Do you guys elect your sheriffs in Tennessee? If so, and it really is a top-down problem, then Knox County voters need to elect a new sheriff at the end of this term.”

    Kev, I can tell you are not “from around here”…lol. We do elect our sheriffs. Knoxville is a stuck in the middle place in that while many areas of it are still very “small southern town”, we are, in fact, quite big now. Knoxville politics have been changing a lot in the past few years with people trying to make changes from the “good old boy” network. Many changes have happened, but we haven’t seemed to be able to get a candidate yet to overthrow the KCSO. The current sheriff was a “buddy” of the old sheriff. That sheriff was ousted from office because it was determined his election wasn’t valid due to term limits. It is very telling that the old sheriff ran for mayor this year and lost in a HUGE landslide! The election was so bad he didn’t even show up to give a consession speach. So maybe we are starting to make some headway.

  14. Wow. I have read little in my life that gets me as angry as what you are going through. I have never met a throwaway person. I can not fathom what turmoil you must be in. My heart is with you and I have faith and know that you will come to a place of healing and more understanding.

  15. Even a “throwaway addict” shouldn’t be thrown away. I appreciate that you are hurting but in the process of fighting these idiots who want to throw Henry away, please don’t play their game–about *anybody.*

    Drug addiction is a tragedy no matter who is suffering from it.

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