Erin Maxwell, 11 years old starved raped and strangled

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Arraignment for the Family of Erin Maxwell

The family of Erin Maxwell was back in court Wednesday morning as their arraignments continued for charges filed in connection with her murder
Wednesday, October 8, 2008

The Palermo man charged with killing his step-sister, Erin Maxwell, appeared before a judge Wednesday. Alan Jones faces second degree murder for strangling the 11-year-old to death this past August. His lawyer, Salvatore Lanza, had asked the judge to reduce bail.

"So he has cooperated in every perspective, again he indicated his innocence to me but I think most importantly here is that after the house was condemned and they were living in the town of Volney, he could have fled the jurisdiction anytime," said Lanza.

That request was denied, so bail remains at $100,000. Lanza has also asked the judge to recuse himself because of on ongoing dispute with the District Attorney's office. But in the meantime Jones is scheduled back in Oswego County Court December 8th. Maxwell's father and stepmother, who face multiple counts of child endangerment are scheduled to appear in Palermo court the same day.

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Police: 'Today is about Erin Maxwell'

FULTON, OSWEGO COUNTY -- State Police Captain Mark Lincoln led off a news conference Tuesday by saying, "Today is about Erin Maxwell."

More than a month after the death of the 11-year-old sent a shockwave through Oswego County, State Police made their arrests. The three people closest to the Erin Maxwell, her own family were placed in cuffs, arraigned and sent to jail. Facing a charge of second degree murder is Erin's stepbrother Alan Jones. The indictment claims he killed the girl by strangulation with a rope, but Erin's death certificate cites "sexual trauma" as a contributing factor. On that point, Captain Lincoln was evasive,"Sexual trauma is not addressed in any court documents. We are aware that is out there. We don't anticipate charging any other subjects in this case at this time."

Also charged are Erin's father, Lindsey Maxwell and stepmother Lynn Maxwell. Both face six counts of endangering the welfare of a child, accused of forcing the little girl to live in a house described as deplorable full of animals, garbage and feces with an overwhelming odor. "It identifies different forms of conduct over a series of months that support endangering her welfare." said District Attorney Donald Dodd.

Action News obtained the court documents accusing the Maxwells of endangering the welfare of a child. Palermo Town Justice Robert Wood blacked out Erin's name. The six counts are identical for both Lindsey and Lynn Maxwell and stem from statements from the Maxwells and acquaintances. On August 29th, 2008, both are accused of locking Erin in her room which may seem more like a cage, "by means of a wooden half door which included a barrel lock as well as a screen door made of screen and chicken wire with included hook and eye locks and a latch. These locks were all on the outside." The endangerment charge claims the locks "prevented ...escape in the event of an emergency." they're also charged with locking erin in her room during a family cookout on August 15th.

What the charges don't mention is the police claim the Maxwell's may have starved the child. "Our investigation also revealed that Erin was provided only minimal amounts of food." explained Captain Lincoln, "It's also been revealed that Erin was routinely locked in a small bedroom at approximately 5:30 pm where she was to remain overnight each evening."

The other charges on August 29th, August 15th, April 1st and February 1st, accuse the parents with forcing Erin to live in a home with "approximately 100 live cats, live chickens and birds with 20 dead kittens stored in the kitchen freezer" Police say it created an "unsanitary environment... injurious to the health and well being" of the girl.

Alan Jones is due to appear in court Wednesday morning. The Maxwells were sent to jail in lieu of $2,500 dollars cash bail or $5,000 bond.

Watch the news broadcast HERE

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Stepbrother charged in upstate NY girl's slaying

FULTON, N.Y. - A 27-year-old man was charged Tuesday with strangling his 11-year-old stepsister, who police say was starved by her parents and lived mostly in a locked room inside a house filled with garbage and more than 100 cats.

Alan Jones is accused of using a rope to strangle Erin Maxwell while he was home alone with her on Aug. 29. The girl was found unconscious in her bedroom with a green cord around her neck, one end caught on a nail in a window frame. She died the next day.

Jones was indicted on a second-degree murder charge and was being held in the Oswego County Jail.

Lindsey Maxwell, 35, the girl's father, and Lynn Maxwell, 53, her stepmother, were each charged with six counts of endangering the welfare of a child.

At a news conference two weeks ago with their lawyer, the Maxwells and Jones proclaimed their innocence, suggesting Erin accidentally hanged herself while acting out a scene from her favorite movie, "Pirates of the Caribbean: At World's End."

Defense attorney Salvatore Lanza said Tuesday his clients continue to maintain their innocence.

"It's their contention that this unfortunate incident is a horribly tragic accident," Lanza said.

State Police Capt. Mark Lincoln said authorities were suspicious of the relatives from the beginning because their accounts and explanations didn't match what investigators were seeing at the scene.

"Erin was being raised in a home with over 100 cats, as well as caged poultry. The home reeked of animal urine. There was animal feces over 18 inches deep in one of the rooms," Lincoln said.

Investigators found that Erin was given "minimal amounts of food" and routinely locked every night at 5:30 p.m. in a small bedroom where she remained overnight.

Each endangering charge against the Maxwells deals with a different form of conduct over different times, said District Attorney Donald Dodd.

Despite her living conditions, Erin was a "bright, warm and friendly 11-year-old," Lincoln said. She stood 4 1/2 feet tall but weighed only 65 pounds, he said.

Lincoln said the three defendants showed no reaction or emotion when they were arrested at 8 a.m. at their new home in Fulton. Jones, who was ordered held on $100,000 bail at his arraignment, was due back in county court Wednesday.

Second-degree murder carries a maximum penalty of 25 years to life in prison. The endangering charges are misdemeanors punishable by up to a year in jail.

It took authorities more than a month to make an arrest in the case _ a delay that caused a public outcry. Dodd said authorities needed "accuracy and reliability of the facts" before they could bring charges. State police don't expect to charge anyone else, Lincoln said. All three defendants have provided DNA samples.

Erin's death sparked weekly vigils and protests from area residents who said the county's Social Services Department knew about the home's deplorable conditions but did too little to help the girl.

After Maxwell's death, county social service officials reviewed the handling of her case by social workers. A report found that the Maxwell family had been investigated three times _ in July 2003, November 2004 and March 2006.

Each of those times, social workers reported conditions in the home were marginal but that the Maxwells complied with their directives to remove some of the animals and clean the house. Social workers concluded each time that Erin was in no danger and they had no lawful reason to remove her from the home.

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Man charged with strangling starved stepsister

FULTON, New York (AP) -- A man was charged Tuesday in the strangling death of his 11-year-old stepsister who was starved by her parents and slept in a locked room inside an upstate New York house filled with garbage and more than 100 cats, police said.

Alan Jones, 27, was indicted on a second-degree murder charge in the death of Erin Maxwell on August 29. The girl died a day after she was found unconscious in her bedroom with a green cord around her neck, one end caught on a nail in a window frame.

Lindsey Maxwell, 35, the girl's father, and Lynn Maxwell, 53, her stepmother, were each charged with six counts of endangering the welfare of a child.

"Erin was being raised in a home with over 100 cats, as well as caged poultry. The home reeked of animal urine. There was animal feces over 18 inches deep in one of the rooms," State Police Capt. Mark Lincoln said.

Investigators found that Erin was given "minimal amounts of food" and routinely locked every night in a small bedroom. She weighed only 65 pounds, Lincoln said.

Defense attorney Salvatore Lanza said Tuesday his clients maintain their innocence. They earlier had suggested Erin accidentally hanged herself while acting out a scene from her favorite movie, "Pirates of the Caribbean: At World's End."

"It's their contention that this unfortunate incident is a horribly tragic accident," Lanza said.

The Maxwell family had been investigated by social workers three times from 2003 to 2006, according to a report by county social service officials. In each of those times, social workers reported conditions in the home were marginal but found that Erin was in no danger and that they had no lawful reason to remove her from the home.

Second-degree murder carries a maximum penalty of 25 years to life in prison. The endangering charges are misdemeanors punishable by up to a year in jail.

Jones was being held in the Oswego County Jail on $100,000 bail. He is expected in county court Wednesday.

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Erin was lonely, hungry

Relatives, teachers and others who knew Erin Maxwell paint a picture of her living a lonely life in a house of horrors.

The accounts, from court papers released Wednesday, tell of an 11-year-old desperate for food and being locked in her bedroom every night. She had no playmates and spent hours alone.

Her stepmother, Lynn Maxwell, didn't like her and didn't want her around.

Erin arrived at school each day wearing clothes reeking of cat urine. A school nurse provided her with clean clothes, but at the end of the day school officials saw to it that Erin put her putrid garments back on to comply with her father's wishes that she not be helped.

These are just a few of the details provided to state police in statements taken over several weeks from a number of people who had contact with the girl.

The depositions include statements from Erin's immediate family: Alan Jones, the stepbrother charged with Erin's murder; stepmother Lynn Maxwell and her husband, Lindsey Maxwell, Erin's father. The Maxwells have each been charged with six counts of endangering the welfare of a child.

Investigators also obtained statements from several others including Bryan Belrad, Lynn Maxwell's other son, and his wife, Rebecca Belrad; Kathie Hetko, Erin's fifth-grade teacher at Michael A. Maroun Elementary School in Phoenix; Marilyn Alt, the school nurse; and Nancy Brown, the school's principal.

Erin died at University Hospital at 4:20 a.m. on Aug. 30. An autopsy listed the cause of death as asphyxia. Sexual trauma was listed as a contributing factor.

Here is what some of those interviewed told state police.

Lindsey Maxwell, Erin's father

Less than 24 hours after his daughter died, Lindsey Maxwell suspected his stepson, Jones, had something to do with her death.

"I do not believe she hung herself. I can't even see her doing that accidentally. I can't believe Alan would hurt her, but, he was the only one who was in the house with her when we left. No one came over after we left, so who else could it be? I've got a lot of questions but few answers. The only one who can provide those answers is Alan."

Lynn Maxwell, Erin's stepmother

She said her son, Jones, and others were distraught after Erin's death.

"He (Jones) was very upset and I was crying too. He didn't say anything else about what happened last night. Everyone was just really upset. Erin has always been an upbeat girl. She always seemed happy and I do not think she would intentionally try to hurt herself."

Alan Jones, Erin's stepbrother charged with her murder

Less than an hour after Erin was taken to A.L. Lee Memorial Hospital in Fulton, Jones was being questioned by state police.

"From everything I saw in Erin's behavior or what she said, I saw no indications of suicidal tendencies. The only real problem I can think of that Erin was having is that there were no kids around her age to play with."

Bryan Belrad, Alan Jones' stepbrother

He, too, said Erin was lonely.

"I guess the closest thing to depressed I have seen Erin is when she talked about missing her grandparents who live in Nevada."

"I never saw Erin have friends over, and aside from my kids, I know she had a couple of friends at school, but she kept losing them because she kept stealing things from them."

Rebecca Belrad, Bryan Belrad's wife

She described the relationship between Erin and Lynn Maxwell.

"Lynn and Lindsey have locks on the outside of her (Erin's) bedroom door, so they can deter her from getting out and getting into things. I don't believe that though. It was a well-known fact that Lynn didn't like Erin and didn't really want her around. So, I think the locks were put on her door to control her and to deter her from getting into things. I didn't like that, but there wasn't anything I could do about it. They had been investigated by Oswego County DSS (Department of Social Services), due to the condition of the house, so what could I do?"

She also had harsh words for Lindsey Maxwell.

"If Lindsey was any kind of father, he would have left a long (time) ago and gone back to Nevada. Erin did not deserve (to) live in what she did."

Marilyn Alt, school nurse

She said Erin did not appear to be depressed.

"There were times when she looked sad, but I would not describe her as depressed. I would say that there were times when she was hungry. I have animal crackers in my office and she would always ask for some."

Alt also said that in her 34 years as a school nurse she has had many students with hygiene issues. She called Erin an "extreme case."

Kathie Hetko, Erin's teacher

She told investigators that Erin was stealing food from other students. The stealing ended, she said, when a teacher's aide brought in food for Erin to eat.

"It was arranged with Erin that she could come up to my desk in the morning when other kids were having their breakfast and help herself. That seemed to solve the problem with Erin stealing food."

Although Erin was in the school band and chorus, her parents never attended any school concerts, Hetko said.

"Erin's parents did not attend. As a matter of fact I have never met the parents. They never attended any of the conferences or functions."

Nancy Brown, school principal

Brown said she tried to get Erin enrolled in the school's free and reduced lunch program.

"Her father refused this three times. We even mailed an application for free/reduced lunches but he never mailed it back in."

Brown said she ended up personally paying for Erin's lunch.

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Palermo, NY -- Accounts of 11-year-old Erin Maxwell's life, from court papers released Wednesday, tell of a little girl desperate for food who was locked in her bedroom every night.

Here's what some of the statements to state police had to say:

She kept losing her friends at school because she stole food from them, until a teacher's aide brought in food for her to eat. Her principal paid for the girl's lunch out of her own pocket after Erin's parents refused to enroll in the school's free and reduced lunch program. A teacher recalls never seeing Erin's parents at school concerts when the girl performed. She had no playmates and spent hours alone, and her stepmother didn't like her and didn't want her around.

The school nurse, who has seen many students with hygiene issues, called Erin an "extreme case." The nurse gave her clean clothes to change into once she got to school every day, but at the end of the day Erin had to change back into her smelly clothes to comply with her father's wishes that she not be helped.

Erin Maxwell died Aug. 30; an autopsy listed the cause of death as asphyxia. Sexual trauma was listed as a contributing factor. Erin's stepbrother, Alan Jones, is charged with second-degree murder in the girl's death. Her father, Lindsey Maxwell, and stepmother, Lynn Maxwell, are charged with six counts each of endangering the welfare of a child.

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OSWEGO COUNTY -- Since the tragic death of 11-year-old Erin Maxwell, the community has been quick to point fingers at the Department of Social Services, however, the Department says it followed state guidelines, which didn't call for Erin to be removed from her home at the time.

"Our role is not to go in and, you know, tear apart families. Our role is there to protect the child and to secondly then do what might need to be done in order to keep the family intact. Keep them together," said Frances Lanigan, the Oswego County Social Services Commissioner.

They visited her home three times. They didn't find any cause to pull her out of the home, but that's a pretty high standard," said Assemblyman Will Barclay. "And frankly, they may be correct in that standing, but clearly something did not go right here and if the laws were followed, maybe we need to change the laws to prevent such a tragedy from happening in the future."

Across Oswego County, citizens are making it clear they think change is needed. The case is on the minds of officials in neighboring counties, who say the traditional notion of family court being designed to reunite a family should change.

"If we refocus that legislatively and said that the paramount purpose of family court, Department of Social Services and many other agencies should be the protection of that child, whether or not it involves reuniting that child with the family, that the paramount purpose should be the protection of that child, I think that that would be something that a lot of DSS workers would welcome and support," said Bill Fitzpatrick, the Onondaga County District Attorney

Lawmakers say it will take time to examine the case and decide if the system has to change.

"If we are overly, heavily reliant on trying to keep the families together, maybe we should look at changing the law, and maybe this Erin Maxwell case, if there's any good that can come out of this thing is that we can investigate that and see if that is the best policy going forth," said Barclay.

Assemblyman Will Barclay has already drafted legislation that would add an investigative review process to cases handled by social services.

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PALERMO -- When State Police were called to Erin Maxwell's home August 29th, they were appalled by what they found. They encountered an overpowering stench, more than a hundred cats and other animals, piles of garbage and excrement. Before they could investigate the homicide of the 11 year old girl, troopers called in the SPCA to clear out the animals.

Today the house outside the Village of Palermo is vacant. The Town has deemed it unfit to live in. Now that it's been cleared as a crime scene, a number of volunteers and workers from the SPCA have been in and out of the home and they've seen Erin Maxwell's bedroom.

No one was willing to talk to us on camera, but the witnesses to the inside of the house told me the door to the girl's bedroom was cut off at the top leaving a gap high enough for an adult to look in, but too high for a child to see out. The door had an exterior lock. In addition they told us the bedroom door was caged in by chicken wire with yet another lock on a gate.

The people who looked in the room told Action News it was neater than the rest of the house but said it was "more like a cage than a little girl's room."

State Police Lieutenant Troy Little said Tuesday he "can't confirm" the description "right now", but he's "not going to deny it."

The SPCA says they've recovered 118 cats from the house and property along with a dog.

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SYRACUSE -- The biological mother of 11-year-old murder victim Erin Maxwell is "heartbroken and shocked" upon hearing the news that her daughter was killed and sexually abused. Yet Ryann Andress said she is "a little bit relieved to hear somebody has been arrested instead of just speculation" about her daughter's killer. Andress lives in Nevada and hadn't seen her daughter Erin in eight years because she terminated her parental rights during a difficult time in her life.

During an interview from her parents' home Andress said "I left eight years ago. I felt I was unfit and she'd be better off without that. And now, yeah, that hurts a lot." Andress became pregnant with Erin when she was 17 years old. Erin's father Lyndsey Maxwell told police the three of them moved in with his parents for a couple of years to get help raising Erin. Andress told Action News anchor Matt Mulcahy, "I terminated my parental rights because I was not in a good place emotionally. I didn't wish that on her."

Andress was aware that Lyndsey and Erin and moved to New York several years ago, but she thought everything was good there. She was not aware of the conditions in which her daughter lived. Then on August 29th she got a call from a family member who was told Erin was in the hospital. Within hours the second call came that she had died. Since then Ryan said, "some days I'm falling apart, other days I'm angry."

Over the years Ryan Andress thought frequently about the daughter she gave up, yet she held out hope "Erin someday, she might find me and I could give her some answers... that will never happen now."

Ryan Andress says it has been a long road for her getting her own life back on track. She has followed the story about her daughter from afar and has found comfort in the outpouring of community support in the name of her daughter Erin Maxwell.

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Stepbrother denies killing 11-year-old Erin Maxwell

Alan Jones has denied killing his stepsister, 11-year-old Erin Maxwell, on the night of Aug. 29, according to statements he made to New York State Police Investigators that night and during subsequent interviews.

He also told police that he, his mother Lynn Maxwell, and step-father Lindsey Warren Maxwell were pagans and that the family made fun of Erin for showing an interest in Christianity on at least one occasion, according to statements filed by police in Oswego County Courthouse.

Court documents reveal that Jones told investigators that the family does not practice any form of sacrifice related to their beliefs. He did acknowledge that he had been to ritual meetings where other area pagans who, on at least one occasion, sacrificed an animal.

Troopers and members of the Palermo Fire Department responded to the Maxwell home at 1678 N.Y.S. Rte. 264 after a 911 call was made at 5:21 p.m. Aug. 29. Suffering from serious injuries, Erin was taken by ambulance to A.L. Lee Memorial Hospital before being airlifted to University Hospital. She died Aug. 30 at the hospital.

Erin Maxwell died of asphyxia with a contributing factor of “sexual trauma,” according to her death certificate. That document indicated that Erin was “assaulted by another” in attributing the cause of her injuries. Onondaga County Medical Examiner Mary Jumbelic ruled the death a homicide.

Jones, 27, of 427 Silk Rd. Lot 12, Fulton, was arrested Oct. 7 for second-degree murder as a result of an indictment issued by an Oswego County Grand Jury, which alleges that he caused the injuries that later resulted in Erin’s death. The indictment alleges that death was caused by strangulation, State Police said.

The police investigation revealed that Erin was being raised in a home with more than 100 cats, as well as caged poultry, and the home reeked of animal urine. Nearly a dozen still-born kittens were found frozen in the kitchen freezer. There was animal feces over 18 inches deep in one of the rooms.

“When questioned about the cats in the freezer, (Jones) stated that his step-father had meant to bury them, but could not due to the ground temperature,” court documents state. “When pressed about the fact that it was now August, he stated that you could not bury anymore animals in the ground around the house because you could not dig down anywhere without hitting animals already buried.”

The police investigation also revealed that Erin was provided only with minimal amounts of food and was routinely locked in a small bedroom at around 5:30 p.m. every day where she was to remain overnight.

As the result of those conditions and the alleged treatment, her father and step-mother were charged with six counts of endangering the welfare of a child, a Class A misdemeanor punishable by up to a year in jail.

According to court documents, Erin used to have a later bed time, “but she had gotten into trouble a number of times” so they moved it back to 6:30 p.m.

Prior to the events leading up to his discovering his step-sister, Jones told police that he was playing an internet computer game called “Guild Wars” on his laptop computer in the kitchen. He then stated that he began to prepare some canned spaghetti with a cut up hot dog.

“I assume she was getting ready for bed,” Jones said in his statement. “I went to take Erin’s diner (sic) to her in her bedroom. When I walked in I saw Erin hanging from the screw that sticks out from the window frame in her room. There was a piece of green braided string around her neck that was attached to the screw. All of Erin’s weight was hanging on the rope around her neck.”

Jones told police that she was wearing a pink nightgown, possibly with a picture of Hannah Montana on it.

“I picked up Erin and pulled the rope off the screw and sat her down on her bed,” he said. “Then I pulled the rope off her neck. I noticed she wasn’t breathing so I went out into the living room and got the phone. I called 911 and then went back into the bedroom.”

Jones said he never has taken CPR classes but followed the instructions from the 911 operator.

“It was difficult because I kept taking the phone away from ear and then having to listen again,” he stated. “I noticed that when I breathing into Erin that it was really bubbly and when I did compression fluid would come out of her mouth. I kept doing CPR as best as a could until the paramedics arrived.”

State Police questioned Jones about the rope. He responded by saying he did not know where it came from and that he had never seen it. He was then questioned about how the rope was attached to the screw in the window frame.

Jones responded “by saying that it looked like the straight end of the rope got caught on the screw, like Erin may have been swinging the rope around and the screw got lodged in the braids of the rope,” court documents state.

He was then asked about how the rope was secured around her neck. Jones told police that the rope had a loop in one end and the rope had been threaded through the loop “like a slipknot.” After being asked, Jones told police that he removed the rope from her neck by loosening the rope and pulling it over her head.

In the court documents, Jones told police several times that it must have been an accident.

“I never heard Erin say anything that made me think she was suicidal,” Jones told police. “From everything I saw from Erin’s behavior or what she said, I saw no indications of suicidal tendencies. The only real problem that I can think of that Erin was having is that there were no kids around her age to play with. Erin never mentioned any boyfriends to me.”

A number of the affidavits filed by investigators refer to Jones’ demeanor during questioning about the death of his stepsister. During the course of one interview, police told Jones that Erin had died at the hospital. He reportedly showed no signs of emotion.

“Alan was questioned regarding his lack of emotion and responded by saying he did not look at death the way Christians do,” court documents state. “Alan was asked to explain that statement and responded by saying ‘Everyone dies…You are going to die, I am going to die. Everyone dies. It’s not big deal’.”

One investigator wrote, “Throughout the interview Jones displayed inappropriate behavior for the gravity of the circumstances including feigned laughter and disinterest... he appeared at times with a smirk on his face…I observed throughout the course of the interview that Jones’ non-verbal behavior was consistent with a person practicing deception. When questions were directed at him not directly related to the 8/29 events, he appeared comfortable in his seat…when questions were directed at him that pertained to the issue at hand and the 8/29 events involving Erin, Jones’ non-verbal behavior converted to defensive protective postures.”

The court document also reveal that Jones was questioned regarding his use of the internet, specifically if he had ever used the internet to meet people or do on-line dating. He acknowledged to police that he had a short “on-line” relationship with a male that end shortly after they met in person for the first time.

Investigators also asked Jones about his use of computers. One investigator wrote that Jones had admitted he viewed pornography in the form of adult and anime (animated) pornography, but stated he had never viewed child pornography.