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henry1

Why, when a nearly lifeless, heavily drugged teenager is found by paramedics at midday in the private residence of two adults with whom he has no identifiable relationship, and when the adults have no reasonable explanation for why the teenager was in their home in the first place, and when at least one of the two adults has a criminal record, is the residence not secured properly  – at least in the short term – or given even cursory professional investigation as a potential crime scene? This omission  strikes me as something our community would find problematic.  I mean, wouldn’t this scene seem a little fishy to you,  and especially if you were a trained law enforcement professional?

Perhaps an investigation would turn up no evidence of potential criminal activity at the scene where the teen was found. But shouldn’t local law enforcement treat this scenario as a crime scene  until they know for sure how this high school senior ended up near death in these random adults’ residence at noon on a weekday? Wouldn’t you think they would WANT to know what the heck was going on in this residence, and determine for themselves precisely what the nature of these adults’ relationship to this teenager was?

According to federal authorities, yes…yes they should. To wit:

…officers should secure the crime scene (NOTE : the author is referring to the site of an overdose critical injury or fatality as the “crime scene”) as if it were the site of a homicide. They should direct nonessential personnel, such as emergency medical workers, and family members away from the area and document everyone who enters it. Homicide and drug investigators, as well as crime scene technicians, should be called to the site. Before anything is disturbed, the entire scene should be photographed, including the victim. Only then should the victim be turned over to the medical examiner for an autopsy. Finally, investigators should perform an organized search to gather physical evidence.

Drug crimes usually yield two valuable pieces of evidence not always present in other crimes. First, investigators should pay particular attention to any items of paraphernalia that could be used to package and store drugs, as well as to mechanisms that someone could use to ingest a drug. Heroin typically is packaged in small glassine or wax bags about the size of a quarter and then is ingested by either snorting it through the nose or injecting it into the body. During the search, investigators should look for cut drinking straws or rolled paper, such as dollar bills, used to snort heroin. To inject heroin, users must liquefy it, typically accomplished by heating the heroin and some water on a spoon with a candle or cigarette lighter. Therefore, investigators also should search for spoons, heat sources, and hypodermic needles used to inject heroin. Because prescription drugs can be crushed and snorted, investigators should look for pill bottles and devices capable of crushing hard pills into a powder.

Items of drug paraphernalia prove especially important because they may contain samples of the drug. Officers should carefully package objects suspected of containing drugs or drug residue in separate containers and transfer them to a laboratory for analysis to determine the specific drug, its purity level, and any adulterants or other substances combined with it. Advances in technology have enabled some laboratories to conduct a signature analysis of the drugs that provides its specific chemical composition, or signature,6 which then can be compared with that of another sample of drugs to help determine if both originated from the same batch. This test can prove crucial in linking the drugs found on an overdose victim back to the original dealer. In addition to chemical testing, investigators should request that the submitted evidence be examined for latent fingerprints.

(I know I am not supposed to even MENTION this stuff publicly. I am supposed to sit back month after month and continue to express total confidence that everything is being investigated thoroughly and aggressively. But I gotta tell you, this is becoming increasingly difficult for me to do.  My child was hospitalized April 27th and died May 31. It is now August 25th.)


April 27, 2010

henry hospital 12

May 31, 2010

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Please know that I have not made the decision to share these very upsetting, painful, intimate photos of my child lightly. I’ve agonized over it. But after a lot of thought, I decided that I want this community to see more clearly than my words can convey what happened to my child.

Some would argue, I know, that fatal overdoses from illicit drugs – or those leading to critical injury – should simply be treated as unfortunate accidents that don’t necessitate any criminal investigation or potential prosecution for anyone involved.  Again, federal law enforcement authorities disagree and have some specific guidance for communities battling the scourge of opiate addiction and overdose, as we clearly are in Knoxville, Tennessee:


A drug overdose that drew national media attention inspired the creation of a law that now allows investigators to target drug trafficking organizations responsible for overdose deaths. In June 1986, the Boston Celtics’ first-round draft pick, Len Bias, was found dead in his college dormitory from a drug overdose. That same year, in response to Bias’ death, as well as to the proliferation of crack cocaine, Congress enacted new federal drug laws. One of the provisions, commonly referred to as the Len Bias Law, provides for a mandatory minimum term of incarceration for 20 years and a maximum life sentence for a dealer who distributes drugs that cause death or serious bodily injury.9 Therefore, drug dealers face a penalty of no less than 20 years in federal prison if it can be determined that the drugs they sold caused the overdose, regardless of the quantity. In federal, as well as most state, prosecutions, sentences for drug crimes are determined by the quantity of drugs sold. In cases involving an overdose, however, the quantity of drug sold is secondary, possibly even irrelevant, in determining a defendant’s sentence. It is not necessary that the victim die from a drug overdose for this law to apply. The Len Bias Law provides for the same punishment if death or serious bodily injury occurs as a result of the drugs.10 Federal law defines serious bodily injury as that which involves, “a substantial risk of death; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”11 If the victim suffers a drug overdose but does not die, investigators should consult with their prosecutor to determine if the overdose falls within the definition of serious bodily injury.

All law enforcement agencies should join in this effort to investigate these crimes. The benefit of investigating drug overdoses derives from the enhanced sentencing provision of the law. Faced with lengthy jail terms, as well as the desire not to be associated with a death, suspects and potential defendants may be more apt to cooperate with law enforcement than in other investigations. Cooperation may allow defendants to escape the mandatory minimum sentence of 20 years. To this end, investigators may be able to quickly garner the assistance of suspects, thereby rapidly identifying and targeting other persons working up the chain of supply. Rather than targeting a single dealer, investigations should aim to identify all individuals involved in the chain of distribution of the drugs to the victim, thus dismantling an entire organization.

Let me be as clear as I can: based on what I know with significant certainty about what happened to my teenage son – both with regard to the assault and the overdose he suffered  – there is a HIGH likelihood that someone else’s teenage or young adult son or daughter in our community will also overdose and die in a similar fashion unless investigators and prosecutors treat Henry’s death as something other than an unfortunate accident attributable only to my son’s admitted drug problem.  And that breaks my heart. Because I can’t ever have my child back, but no one else should lose their beloved boy or girl because no one in authority cared enough about this case to truly advocate for the very best investigation and at least an attempt at prosecution.

Henry with his little brother and sisters (he’s holding C), plus cousins at our annual family beach trip.

June 047

Yesterday Henry’s little brother, E, who is 12, asked me why the people who gave his big brother the drugs that hurt him haven’t been arrested. I told him I couldn’t really answer that. He asked me if the people who hit Henry in the head and chest had been arrested. I told him they hadn’t. Then he asked me if the grown-ups who refused to call 911 for a long while when Henry was lying unconscious and barely breathing right in front of them were in any kind of trouble. I told him no, not so far. He was very confused.

So am I.

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  99 Responses to “Something I find difficult to understand”

  1. It strikes me as utter negligence on the part of the local police department.

  2. you are so incredibly strong and brave; i have so much respect for you. you really are a great mother.

  3. i don’t understand that either.

  4. i have no words for you. but if it were me? i would be talking to the mayor.

  5. I hate to say it but it seems to me if nothing has come of this by now then nothing ever will. It is truly heartbreaking that something like this would happen to anyone. everyone should be given the chance at justice, no one should be ignored. everyone makes mistakes, true, as in your son…he had to give his life for his mistake. but who helped him along? the friends who should have helped him? the police who havent? The one who paid the high price was your poor son. And the ones who helped him along this path to injustice roam free. what is wrong with this world?

  6. Beautiful Boy by John Lennon plays in my mind.

  7. That picture is heartbreaking – the whole story is. I really had high hopes when you said they were continuing/re-opening the investigation, but it sounds as if they are just going through the motions. I cannot imagine how frustrated you must feel.

  8. Oh Katie.
    My love to you and your family.
    It makes no sense.
    None whatsoever.
    My brother, now 29, went to rehab at 19 after a disasterous freshman year of college. His drug use began in middle school (7th grade) while I was undergoing cancer treatment. My parents had a 14 year old daughter undergoing chemotherapy and a 12 year old experimenting with marijuana. Bobby’s addiction was horrible and worse than we imagined. He recovered and for that we are forever grateful.
    Love and peace to you your family.

  9. I’m so sorry Katie; the answers to your question are not pretty — either they are totally incompetent, or they do not care (and were not going to expend the energy). Or maybe they were in on it — was reading about a case recently where the sheriff himself was involved in the drug trade.

    Henry’s story continues to be a heartbreaking one…

  10. I am a grandmother…i pd to send my grandson…$50,000 for 5 months to help him to the # 1 rehad…and he was just a shit, not drugs. drugs were not the problem…he was going nowhere. this was 3 years ago. i read your sons obit…and got on your story. i cant believe what a good mom you wereto henry. u were great. and u could have stood before God and never saved him. Henry was so beautiful and I hope you PEACE, we worry about him & im sure he is with u now…
    My mom died in jan…i hope they are together. heaven is PEACE.

    susan

  11. I can understand your frustration, but for me what is happening is that Henry’s death, is being seen as just “another drug related casualty”….and regretfully every police department in your country must have at least a few dozens -if not hundreds- of unsolved cases like that.
    Yes, Henry was a “boy” and a “teenager”, but for legal and criminal purposes, he was an “adult male”.

  12. I truly believe that had you and Chris not continued to pursue this, that the case would have been closed by now. Sadly enough but in my opinon, I believe that JJJ feels that this is just one less drug-addicted person off the street. Continue to pursue this like the mama bear you are and use your blog to bring attention to the injustice that is being given to Henry’s case. Henry deserves nothing less.

  13. Oh, Katie. I am so, so sorry. I send you my hopes for resolution and peace from the other side of the state.
    XO

  14. Dear Katie, you are such a brave person.. You did the right thing by publishing this photo to remind all of us parents to watch over our children, no matter what age! Being a mom, I can only imagine the depth and length of your pain. I think of you and pray for you and your family. Lots of love from The Netherlands, Sandra

  15. 10,000 words at least.

    There are so many incredible law enforcement people out there. And then there are… ones who decide for a zillion bad reasons to not do. (Long ago, a friend’s restraining order against cop/boyfriend–torn up by his fellow officers. Right.)

    I hope they are propelled if not compelled to justice.

  16. my eyes are filled with tears. for so many reasons. xo

  17. katie, i just did a search of your blog to make certain of the spelling of H’s middle name, and i ran across a (rare) missed post. the one where you asked for folks to let you know if they were at H’s services.

    i was there my friend. and i would have been at your house, too, but one of my longest-standing employees was getting married.

    i sat next to blair and mary lyle hyatt.

    i’m off to post your link.

  18. Dearest Katie,

    You shared a truely heartbreaking picture and I hope sincerely that having a vivid image of what could happen will prompt more parents to approach their children about their suspected or known drug usage.

    I continue to be so terribly sorry for your loss. It seems eternally compounded as officials move like molasses (or a glacier?) to investigate.

    Thinking of you and your family every day and wishing you peace as soon as possible.

  19. From posts & info released long ago, it seems there are grounds for some of the “friends” involved in Henry’s tragedy to answer to the authorities. Gives one wonder as to the possibility of what “prominent” citizen’s offspring may have been a participant? No one is so naive as to not believe that $$$ and/or name/position often overpower justice.

  20. If local law enforcement didn’t secure the scene and thoroughly search the house, their incompetence goes way beyond dismissing Henry as just another overdosed addict. Regardless of whether they had any concern for him, this seems to me like a golden offering of probable cause to search for drugs and evidence of drug dealing/manufacture. That’s the whole focus of the FBI guidelines. Call me cynical, but I doubt the FBI is eaten up with compassion for drug addicts, either. They’re after dealers – and apparently they’re capable of making the intellectual leap that where there’s a drug overdose, there might be drugs and a drug dealer nearby. Obviously, I have no idea what law enforcement might have found in this particular case; but if they didn’t even check it out, they weren’t doing their jobs. It’s like finding a gunshot victim in a house and not seizing the opportunity to look around for guns. Plenty of gunshot victims are completely unsavory characters, and police probably couldn’t care less about them either – I still expect them to search the scene. There’s always a chance there’s evidence of other criminal activity.

  21. Keep talking. Don’t stop. This is how things change. Thank you for sharing the photo. Even so sick he looks beautiful to me. This is how you can keep mothering Henry. Keep talking.

  22. I have always felt that law enforsement officers should be required for the position they hold to have some of the highest level of eductation and salaries in our society. Wouldn’t it make more sense to have lawyers, social workers, psychologists as officers.

    On a more personal note, I can’t even imagine your rage or the feeling that you could not or should not speak about Henry’s case. For many of us we saw Henry as your son an older brother and young adult.

    Later we learned he was also a drug addict. Those words seem so harsh and I would imagine in the law enforsement world this is what they saw first and maybe never realized that this could be their child. Maybe thats what makes a great officer and investigator and I would imagine they are far and few between.

  23. I honestly don’t know how you hold it all together. As a mother myself, this breaks my heart. Don’t give up your fight for justice. My thoughts are with you.

  24. It’s beyond unfair how Henry’s case is being written off by law enforcement. Hopefully they’ll respond to you staying on top of things since so many other loved ones in your position lose the will to fight. So keep fighting!

  25. Write a book, Katie. Go on the Oprah show, go on the Dr. Phil show. Go on Good Morning, America and Today and The Early Show. Expose the Knoxville “law enforcement” people for their negligence. If they aren’t going to do any better than this, they need to be exposed to the country. Heads should roll.

  26. Katie

    I have been reading your blog for a few months. I have to prepare myself when I open it, because more often than not, I have tears. My 20 yr old son looks so much like Henry. Same olive skin, dark curls, sweet smile.

    Whenever I see my son, I grab him and hug him hard and tell him over and over about the dangers out there. I don’t care how weird he thinks it is or how many times he repeats that he has never and will never use drugs. I hug him anyway and say the words. I hug him for you and for Henry…..Long hugs with a few tears.

    Stay Strong in Your Pursuit –People MUST LISTEN to you—

    Amy

  27. Like some of the other comments have said, I wonder if there is someone in authority who is involved with the drugs being circled around your town. It seems to be the only logical explanation for the complete lack of proper investigation for any type of drug-related crime.

  28. My heart absoultely breaks for your family Katie. The pictures are breath taking and real and speak louder than words ever could. I pray that justice is served in henry’s case and others are spared your pain, but it doesn’t seem likely. Praying that i am wrong and glad that you will not be silenced. henry deserves that. your other children deserve that, all our children deserve that!

  29. A friend of yours has linked this post to her Facebook page with a message that “we must not remain silent.” I’m not sure if that’s what you want to happen…? I think reader participation in contacting the police department was an issue early on in this case? I just wanted to bring this to your attention.

    The photos are stark and heartbreaking. Once again, your courage helps to educate. You are a brave mother.

  30. Normama wrote: Yes, Henry was a “boy” and a “teenager”, but for legal and criminal purposes, he was an “adult male”.[end quote]

    This. My son is 18 and I cannot understand a world that has robbed you of your sweet boy. Every picture of Henry brings me to tears, even the many that make me smile. But as far as the law is concerned, they are no longer children, no longer someone’s child, but legal adults.

    Illegal drugs, be it using them or selling them or just being around that enviroment, is to risk ones life. Violence is common place in that culture and, worst of all, so is death. What is so shocking to those of us who live in the sober world is just another day for those in the hellish grip of addiction.

    I say all of this NOT to excuse what has happened in Henry’s case. Clearly serious mistakes have been made and just because a crime happens often does not make it any less of a crime. I share this not to discourage you but rather to perhaps ease your burden of trying to help others via official channels. You are already changing and saving lives by sharing Henry’s story. An indifferent police department that has been hardened by exposure to the drug culture cannot change that, cannot take away the power of Henry’s life and death.

  31. I agree with “e.” above. When it’s time to speak out, speak out BIG.
    Henry’s story only gets more heartbreaking every day.

    Like many here, I don’t know how you are handling it, but you are. And, very importantly, you ARE making a difference regardless of where the official investigation goes. I wish “the system” was doing more for you, but filling that void right now is the power of your words and these heartbreaking pictures.

    I know that one day some kind of justice will come. I just don’t know when or in what form. Keep hammering, Katie.

  32. My heart breaks for you and your family every time I see Henry’s name, Katie. You’re handling this just the way I would like to believe that I would. I know that it sounds almost trite when people say it these days, but know that you and your family have been in our prayers and will be until you are through this.
    ~ Mark

  33. Wow. My heart is breaking for you and your family. I am shocked that the “adults” in that house are not being investigated at all.

    I agree with e. and Alesa. You have a voice Katie. WRITE YOUR FINGERS TO THE BONE and get this heartbreaking story out. Go on national TV! Go as big as you can and let the world know that Henry was a victim of a terrible crime, not just a terrible addiction. From the things you have posted, it seems clear to me that Henry died from his injuries.

    He may have been a “legal” adult, but he was still very much a child too. Most 18 year olds ARE still very much children — ask any parent; ask any brain researcher when the brain stops growing in a physiological manner.

    You can get this story out, Katie, farther than it has gone as yet.

  34. i know you’re full of these, but… sending you extra strength, love, and hope….

  35. i’ve posted a link to this on my blog and i strongly encourage everyone else with a blog/facebook/twitter account to do the same.

    http://johncaveosborne.com/2010/08/27/a-troubling-question/

    stay strong, katie.

  36. What can we do? Any ideas?

  37. I’m worried about how Henry’s brother is going to process the reality that no one gave a crap. His questions were on the money and the lack of answers leads to nowhere for him.

    I do not have any resources to share with you so I’m giving advice that’s not very useful, but I think it’s very important to connect him to some organization or person who is doing something positive around the issues involved. He needs to see that there ARE people who care and that there ARE people trying to solve this problem. That it’s not just an ugly, depressing, uncaring, soulless dead end.

    You’re certainly setting an amazing example for him by refusing to shut up, but I think he needs something HE (and maybe his sister?)can do, too. Even if it’s just baking brownies once/week for a halfway house. (OK, I thought of something he could do).

    Maybe when the school year starts he can organize a club to do this?

    I could understand if you don’t want your other kids’ lives to be all about Henry but whether you’re talking about it or not, there it is so might as well do something constructive.

    Keep shouting…even if your voice shakes.

  38. BTW. We just had a terrible death in my extended family, suicide of a youngish person due to escalating effects of his longterm severe mental illness. I’m thinking about what I could do in my own community, in some small way, to help people who suffer.

    In my college town community we have a lot of street kids hanging around downtown — with their unlicensed mangy dogs and dirty feet and sometimes loud angry voices — if you’ve ever been to Telegraph Avenue in Berkeley, imagine something similar on a much smaller scale — I feel very uncomfortable about them — I want them to GO AWAY — they scare children and moms and older people — but now I’m looking at them and thinking, “Henry?” and “How can I help?”.

  39. I am fairly new to your story by way of John Cave Osbourne. There is nothing I can say, but I wanted to let you know you are in my prayers. You are an amazing woman and mother to show the strength that you have.

  40. Call me cynical, but I don;t believe for a second that they are investigating thouroughly. I think they’re hoping you;ll go away.
    I am not sure if you’ve talked to a lawyer, but I haven’t heard about citizens being under a gag order. you’re not under a gag order, right? Isn’t that reserved for LEOs only?
    I don’t get this “not supposed to talk about it” thing they have you going under. if they are going to do squat about it anyways, why not at least be open about where and who is responsible?

  41. Not a day goes by that I don’t think of Henry. I have a 12 year old son and Henry’s story has touched me forever. You are very strong and your strength will help you build a legacy for Henry so he will live on in so many others…in joy and in sadness.

  42. And also, if nothing else, a hell of a civil wrpngful death lawsuit would punish the adults more than anything else.

  43. It’s grisly what happened to henry that day!

    Do you know how Henry got to the ER?
    If EMS was called, did the police also show up at the house?

    I worked in an ER, and I know that the police are not routinely sent to a house when the EMS picks-up an overdose or (unconscious person).

    Can you get the 911 tapes for prove of who was called.

  44. So sorry for what you have had to endure. That said,I can only imagine that the adults in the house had probably cleaned up any illegal evidence long before they called the Emt’s. (Drug addict’s are usually very paranoid and quite manipulative.)I know you yearn for justice,and you surely deserve it.I wish you well and keep you and your loved ones in my prayers.

  45. @jzzy55 – I like your attitude! I also see street kids in a very different light now.

  46. You are to be commended for your unwillingness to be quiet. My thoughts and prayers are with you and your family, as they have been for months now.

    I think that, like some above, you should use your wide reach and look for TV shows to talk to. Maybe calling out the department would help?

  47. Katie, I just feel so sick, literally nauseated, over this. The photo of Henry on his skateboard is the one that got to me, I don’t know why. I feel like I knew Henry. I’ve been thinking about him all summer. Do what you feel you have to do. And I wish you peace.

  48. Fight, mama, fight.

  49. GOOD FOR YOU for not remaining quiet. You are the only voice your son has. Don’t let ANYONE silence that voice, no matter what. They just want you to shut up so that this whole thing will just “disappear” so everyone will forget. It’s up to you to not let that happen. Henry deserves justice, and it’s up to you to make sure he gets it.

    I really respect you and your refusal to be silent.

    -Jen

  50. Thinking a lot of Henry today. I never knew him and only arrived to your blog after his death but not a single day goes by when I don’t think of him and wish for a different, gentler world. Know you are making Henry live on. I hope you may find some comfort in it.

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