Matter of Imanie S. (Lloyd S.)
Annotate this CaseDecided on June 4, 2014
Family Court, Bronx County
In the Matter of Imanie S. A Child under Eighteen Years of Age Alleged to be Neglected by
against
Lloyd S., Respondent.
NN-xxxx/13
Alan W. Sputz, Esq.
Special Assistant Corporation Counsel
Administration for Children's Services
Family Court Legal Services
Bronx Family Court
900 Sheridan Ave., 6th Floor
Bronx, NY 10451
By:Karen Boutis, Esq.
Lauren Teichner, Esq.
The Bronx Defenders
Family Defense Practice
860 Courtland Ave.
Bronx, NY 10451
Counsel for Respondent Lloyd S.
Patricia Moreno, Esq.
180 E. 162nd Street, Suite 1E
Bronx, NY 10451
Counsel for Non-Respondent Jessica N.
Jessica Crafton, Esq.
Legal Aid Society, Juvenile Rights Practice
900 Sheridan Ave. Bronx, NY 10451
Attorney for the Child
Erik S. Pitchal, J.
In this proceeding pursuant to Article 10 of the Family Court Act, petitioner Administration for Children's Services ("ACS" or "petitioner") alleges that the respondent, Lloyd S., neglected his daughter Imanie by perpetrating acts of domestic violence against her mother, the non-respondent Jessica N., in Imanie's presence.[FN1] Following a fact-finding hearing, the Court finds by a preponderance of the evidence that Mr. S. did neglect the child.
Petitioner's evidence in this matter consisted of the testimony of ACS child protective specialist Mr. Quentin Blue and Ms. N., and eight exhibits: Exhibits 1-3 and 7-8 (photographs of Ms. N.); Ex. 4 (excerpts of Ms. N.'s certified and delegated medical records from Lincoln Hospital); Ex. 5 (excerpts of Ms. N.'s certified and delegated medical records from Jacobi Hospital); and Ex. 6 (excerpts of Ms. N.'s certified and delegated medical records from North Central Bronx Hospital). Respondent's evidence consisted of the testimony of Ms. Crystal D., a friend of Ms. N.'s, and Exhibits B and C (photographs of Mr. S.). The attorney for the child did not present a case.
The Court finds the testimony of all three witnesses to be credible. Notwithstanding that Ms. D. was called by respondent, her testimony largely supported petitioner's case, and all three witnesses' testimony were consistent on material issues.
The record indicates that the then-five-year-old Imanie was an up-close eyewitness to a disturbing incident of extreme violence perpetrated by her father against her mother. Ms. N. described a difficult Father's Day weekend in 2013 in which Mr. S. started verbal arguments with her on multiple occasions. Eventually, he came to her apartment early one morning and kicked the door in after she refused him entry. She repeatedly asked him to leave, but he did not, and instead he tried to take some laundry soap. This story was corroborated by Ms. D..
While Ms. N. admitted that she tried to knock the soap out of Mr. S.'s hands and acknowledged hitting Mr. S., and while Ms. D. confirmed that she witnessed some mutual combat and was uncertain who started the physical altercation, nothing in the record justifies what happened next: Mr. S. proceeded to physically assault Ms. N. in a most violent manner. In [*2]addition to throwing multiple punches, Mr. S. tried to choke her and bit her repeatedly and kneed her in the face. As Ms. D. put it, Ms. N. was on the floor, and Mr. S. told her, "If you are tough, pick up your head." As soon as she did so, he kneed her in the face. He bit her arm and stayed latched on for several minutes; according to Ms. D., "You could literally see the skin popping off." Mr. Blue testified that Mr. S. admitted to biting and hitting Ms. N. during this altercation.
According to both Ms. N. and Ms. D., Imanie was present in the same room for this entire incident. Mr. Blue also testified that according to Imanie, she witnessed Mr. S. kicking his way into the apartment and kneeing her mother in the nose and saw her mother with two black eyes afterwards. According to Ms. D., Imanie was present to see Ms. N.'s bloody nose. All three witnesses testified that Imanie's older brother Steven attempted to intervene to stop Mr. S.'s assault on the children's mother. Ms. D. noted that the apartment is very small and Imanie could hear her mother's screams. Imanie told Mr. Blue that she was very scared during this incident. Ms. N. testified that the child was traumatized by this incident, has been having trouble sleeping, cries in the night, and has begun sleepwalking.
Ms. N. suffered serious physical injury as a result of Mr. S.'s attack. Among other things, she had a broken nose which required surgery, two black eyes, significant bruising on her body, and a large bite to her upper arm which got infected and required follow up treatment. Ms. N.'s testimony about her injuries was corroborated by photographs, Mr. Blue's testimony (his eyewitness account as well as the statements of the children to him), and extensive medical records.
Ms. N. also testified credibly about a separate incident that occurred in May 2011, in which Mr. S. bit her in the eye and on the ear and she required stitches. These injuries were corroborated by Petitioner's Exhibits 7 and 8. Imanie was also present for this attack; she was three years old at the time.
The Court draws a negative inference from Mr. S.'s failure to testify in his own defense. After authorizing his attorney to present a theory of the case in which he blames the child's mother for perpetrating violence on him, his failure to testify himself to close the loop on the self-defense narrative raises an inference that, in fact, his actions were not of a defensive nature. While Mr. Blue observed cuts on Mr. S.'s head consistent with Respondent's Exhibits B and C, the out-of-court statements Mr. S. made to Mr. Blue, which the Court admitted to complete the story of his admissions, are not persuasive evidence of self-defense. Absent in-court testimony from the respondent himself, the Court cannot find that Ms. N. caused Mr. S. any injuries, let alone that Mr. S.'s actions described above were a justified response as defined by Penal Law § 35.15, nor given that the child was present.
The Court notes that even without this inference, there is sufficient evidence in the record to sustain a finding of neglect against Mr. S., as regardless of what anyone else did or did not do, he perpetrated severe domestic violence against the child's mother in her presence, causing the child impairment. Expert testimony is not required to establish the harm to a child from [*3]witnessing the level of violence established here. Matter of Elijah C., 49 A.D. 340 (1st Dep't. 2008); Matter of Deandre T., 253 A.D. 497 (2d Dep't. 1998).
The Court has considered respondent's argument that the relationship between Ms. N. and Mr. S. was not a "classic domestic violence scenario" as it did not involve power and control, and rejects it. One incident of severe violence is sufficient to establish neglect under the law. Though there was credible evidence of more than one incident, the Father's Day incident alone constitutes neglect due to its severity and the obvious impairment or risk of impairment to the child's mental condition that resulted. See Matter of Briana F., 69 AD3d 718 (2d Dep't. 2010); Matter of Aiden L., 47 AD3d 1089 (3d Dep't 2008); Matter of Richard T., 12 AD3d 986 (3d Dep't 2004).
The Court will not conform the pleadings to the proof regarding excessive corporal punishment due to lack of notice to respondent.
A fact-finding order will enter.
Dated: June 4, 2014
_____________________________________
Hon. Erik S. Pitchal Footnotes
Footnote 1:In the middle of fact-finding, ACS withdrew a companion petition on behalf of Imanie's half-brother, Steven M.. At the conclusion of ACS's case, it withdrew a second allegation against Mr. S. concerning substance abuse.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
