Jury must disregard 'no abuse' testimony

This story appeared in the Antelope Valley Press April 27, 2000

By BART WEITZEL Valley Press Staff Writer

VAN NUYS - Prosecutors won a key decision Wednesday in the trial of two Lake Los Angeles parents accused of starving their 15year-old daughter to death.

Superior Court Judge John Fisher told jurors to disregard a social worker's testimony that the problem with Lindsay Gentry existed at her school but not at home after the prosecutor argued the statement was opinion.

Sharon M. Matthies was the third social worker from the Los Angeles County Department of Children and Family Services to testify on behalf of Michael and Kathleen Gentry. She testified, as did her two co-workers, that in a number of surprise visits to the Gentry house she found no evidence of abuse. Matthies said she set up a meeting with the Gentrys and Challenger Middle School administrators to try to "smooth over" the problems with the school's repeated reports of Lindsay Gentry's being neglected and abused. At that meeting, Lindsay's teacher, Patricia Turner, said she never witnessed any abuse or saw bruises or evidence of abuse, Matthies said.

Jean Barefield, the second social worker to testify at the Gentry's trial, said she asked Lindsay about being abused and the girl's response was: "No! No, I'm not being abused."

When Deputy District Attorney Kathleen Cady cross-examined each of the social workers Wednesday, she sought to cast doubt on their testimony by questioning the method of their investigations.

Cady asked Barefield if it was common for abused children to love their parents very much and lie about abuse to protect the family. Barefield said that it was.

Defense attorney Lyle Middleton seemingly punched a hole in Cady's strategy by asking Matthies about Battered Child Syndrome. Matthies explained that the syndrome describes children who have been abused over a long period and who often exhibit behavior the opposite of what one would expect.

Matthies did not elaborate about that behavior, but said Lindsay exhibited none of the behavior associated with Battered Child Syndrome.

Cady asked each of the social workers if they reviewed medical records or interviewed doctors and none said they interviewed Lindsay's doctors. Cady also asked them if they inspected the Gentrys' kitchen and checked on what they were feeding Lindsay. Both said they found the kitchen stocked with healthy foods and Barefield said when she arrived at the house for an unannounced visit, Lindsay was eating a cucumber.

The question of Lindsey's nutrition is important because prosecutors allege that the Gentrys allowed their daughter, a 15-yearold mentally and physically disabled girl, to starve to death in 1996.

The defense contends Lindsay Gentry died because she was afflicted with congenital myotonic dystrophy, a rare neurological disease that weakens the muscles. The disease, coupled with Lindsay's mental retardation, made it difficult to keep the girl properly nourished and the condition hampered her ability to swallow, they said.

To support this contention, the Gentrys' three-lawyer team presented Mary Sferrazza, a teacher's aide in Lindsay's special education classroom from 1990 through 1992.Sferrazza said she was assigned to take Lindsay to the cafeteria for lunch and would watch her eat."At times, we couldn't get her to eat anything," Sferrazza said. "She didn't like to eat. She would chew and chew and chew, and she appeared to have difficulty swallowing.""I was instructed to encourage her to eat," Sferrazza added.