Tort claim alleges state negligent because of botched inquiry

The paternal grandparents of a girl who was tortured and abused to death plan to sue the state for her wrongful death.

Frank and Marrian Turner of Sandy, whose granddaughter Oleander 'Lil Andie' Labier, 5, was killed April 2010, filed a tort claim notice this week stating their intent to sue the Oregon Department of Human Services for negligence.

Such tort claim notices are required involving suits against government agencies.

About a year before the Gresham girl died on April 13, 2010, a state child welfare worker concluded the child was safe and that a January 2009 report of neglect and malnutrition was unfounded.

State documents released last month show that the caseworker violated her department's policy by failing to interview the girl, who also was not physically examined.

The Turners also were not interviewed by the caseworker, as is required.

'Due to the failure of DHS to follow its own investigative procedures, or otherwise perform effective investigative methods, DHS failed to uncover real and life threatening abuse which should have been easily discovered and which abuse lead to Oleander's Continuous injuries and ultimate death,' reads the tort claim notice, drafted by the Turner's attorney Patrick D. Angel. '… DHS was negligent in numerous ways which directly contributed to Oleander's death. …'

Gresham police called the little girl's case the worst instance of child abuse and neglect they'd ever seen.

Medics who tried to save the girl's life described her as looking like someone out of a Nazi concentration camp. At 5 years old, she weighed 28 pounds. Cuts, scrapes and scratches covered her from head to toe.

The medical examiner ruled the cause of death battered child syndrome and documented a broken thighbone and four broken ribs in various stages of healing.

The girl's father Christopher 'Andy' Rosillo, 24, pleaded guilty earlier this year to murder by abuse. He is serving a life sentence in prison with possibility of parole in 25 years.

His Sandy High School classmate and longtime girlfriend, Guadalupe 'Lupé' Quintero, 24, also abused the girl - who was not her biological daughter - and did nothing to prevent her fiance from starving, torturing and abusing the child. Quintero pleaded guilty to manslaughter and criminal mistreatment and is serving a 20-year prison sentence.

Reporter Mara Stine can be reached at [email protected] or by calling 503-492-5117.

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