Mother of missing twins seeks dismissal of charges
The attorney for a Penn Hills woman whose twins have been missing for more than a decade said the prosecution cannot prove she abused or even endangered the children, and therefore the charges ought to be dismissed.
Point by point Wednesday, Aaron Sontz explained to Allegheny County Common Pleas Judge Thomas E. Flaherty why he should throw out charges of obstructing a child abuse investigation, endangering the welfare of children, concealing their whereabouts and unsworn falsification against Patricia Fowler, 47.
And point by point, assistant district attorney Lee Goldfarb argued that the defense was wrong.
The judge said he will issue an opinion in early May. Trial in the case is scheduled for May 22.
Mr. Sontz focused on specific elements of each criminal count, and the definitions they contain. For example, in count
one, obstructing a child abuse investigation, Mr. Sontz argued that there never was a child abuse investigation for his client to obstruct.
At Ms. Fowler’s preliminary hearing, Mr. Sontz said he specifically asked the investigator on the case if he was investigating a report of child abuse.
The detective answered, “‘No, this is a missing persons case.’” Mr. Sontz recalled. There is no report of child abuse, he continued, calling the prosecution’s claims to the contrary “utter nonsense.”
But Ms. Goldfarb said child abuse goes beyond physical or sexual abuse. It can also include neglect and failure to provide basic necessities, like medical care, education and shelter.
“There are two children who are missing. There are two children who have not gone to school. There are two children who have not gotten medical care,” she said. “Two children, who we don’t know if they’re alive or dead.”
Further, Ms. Goldfarb said, Ms. Fowler, in speaking to the police, gave varying stories as to where her children might be, causing investigators to expend a great deal of time and energy chasing bad leads.
“She absolutely perverted or obstructed this investigation,” the prosecutor said.
On the two counts of concealing the whereabouts of a child, Mr. Sontz said the language of the law requires that the child be concealed from a parent or guardian. In this case, he continued, there is no victim.
Again, Ms. Goldfarb disagreed, saying the twins’ father, Datwon Lyons, is the victim, and that he wants to know where his children are. “He’s been continuously misled about their whereabouts for years,” she said.
Ms. Fowler also is charged with two counts of endangering the welfare of children. Again, Mr. Sontz said, the charge does not fit.
If you assume the children are alive, Mr. Sontz said, there is no evidence they’ve been endangered. If you assume they’ve died, he continued, the prosecution can’t prove they’ve been endangered.
Ms. Goldfarb, who said investigators have tracked down every lead the defendant provided, countered that the case falls under a totality of circumstances and course of conduct.
“You are violating a basic duty of care when your children are somewhere, who knows where?” she said. “That doesn’t eliminate her responsibility as a parent because they’re no longer with her. The children’s whereabouts and well-being cannot be ascertained.”