Top health official resigns amid DHS scandal

A TOP city official who allegedly tried to stymie a homicide investigation into the slow, painful death of a disabled girl resigned yesterday to avoid being fired.

Assistant Health Commissioner Carmen Paris, who earned $110,845 a year, submitted her letter of resignation one day after the release of a blistering grand-jury report on the case of Danieal Kelly, a 14-year-old with cerebral palsy who starved to death while under the supervision of several city social workers.

The grand jury concluded that Paris tried to hush up the details surrounding Danieal's horrific death, instructing staffers at the city Medical Examiner's Office "not to speak to anybody" - not even homicide detectives - about the case. At the time of Danieal's death in August 2006, Paris was acting health commissioner and oversaw the Medical Examiner's Office.

Paris, who did not return phone messages or a note left at her Mount Airy home last night, is not charged with a crime. During a Thursday news conference, however, District Attorney Lynne Abraham said she hasn't ruled out the possibility that Paris could be charged.

"We felt that although she might be charged, we might not be able to secure a conviction," Abraham said. "We have to prove beyond a reasonable doubt that her act interfered with and attempted to cover up a crime, and we're not there yet."

After reading the grand-jury report, Donald Schwarz, deputy mayor and health commissioner, said he conducted his own informal inquiry. Schwarz said he spoke with staffers at the Medical Examiner's Office who confirmed the accusations against Paris.

On Thursday, Schwarz suspended Paris with the intention of firing her. She appeared before him yesterday morning at a Civil Service hearing, where she was given the opportunity to defend herself against the allegations. Instead, Schwarz said, she handed him her resignation letter, ending nearly three decades as a city employee.

The grand jury found that Paris "improperly interfered" at least twice in the criminal investigation of Danieal's death and "was not entirely truthful" with jurors.

On Aug. 4, 2006, paramedics and police were called to Danieal's home in the city's Parkside section. Upon opening the door to Danieal's stifling-hot room, they were immediately hit with the stench of decay.

Danieal's curled, grossly underweight body lay on a dirty mattress. Hard stool lay on the floor around the mattress, indicating that Danieal continually defecated in bed and someone merely flicked the feces onto the floor. Her back was ravaged by maggot-infested bedsores. She was left on the mattress for so long that when paramedics lifted her, the shape of her body was imprinted into the mattress, according to grand-jury testimony.

Edwin Lieberman, the doctor who performed Danieal's autopsy, and David Quain, a supervisor at the Medical Examiner's Office, told the grand jury Paris spoke with them on speakerphone on Aug. 15, 2006. According to Lieberman and Quain, Paris said she didn't want them to talk to anyone about Danieal's case.

"Mr. Quain said that he was unsure how to deal with Ms. Paris's order since 'an assigned detective would have to know that information,' " the grand-jury report states.

The grand jury found that Paris again tried to interfere with the criminal investigation in November 2006, after Lieberman formally ruled Danieal's death a homicide. Paris called Lieberman and wanted to know why he changed the manner of death from "undetermined" to "homicide."

Paris also tried to get information about the investigation from homicide detectives. She spoke with Sgt. Anthony McFadden and asked McFadden what information his detectives had provided to Lieberman that prompted him to rule Danieal's death a homicide. McFadden told Paris that he couldn't discuss the investigation with her, citing grand-jury secrecy rules, McFadden testified.

But Paris further pressed McFadden, saying the City Solicitor's Office was asking her questions about the case and she needed answers. She wanted to know if anyone was going to be charged and arrested, McFadden testified.

In testimony before the grand jury, Paris said she did "not recall" telling Quain or Lieberman not to give out information. She said she merely asked them to keep her abreast of the case and to tell her about any information provided to others. And she said she couldn't remember why she called the police department, though she admitted calling, the grand jury found.

Though jurors didn't believe Paris, the evidence was "insufficient to prove that she obstructed justice," the report states.

The grand jury approved criminal charges against nine people:

* Danieal's mom, Andrea Kelly, was charged with murder. She is being held without bail.

* The girl's father, Daniel Kelly, was charged with endangering the welfare of children. His bail was set at $50,000 yesterday.

* DHS worker Dana Poindexter, who allegedly failed to investigate at least five abuse and neglect complaints about Danieal, was charged with endangering the welfare of children and reckless endangerment. Poindexter turned himself in to police yesterday. As of 8 p.m. last night, Poindexter had yet to have a bail hearing.

* DHS worker Laura Sommerer, who allegedly failed to supervise outside contractors hired by DHS to make sure Danieal was going to school and getting medical care, was charged with endangering the welfare of children and reckless endangerment. Bail was set at $50,000.

* Mickal Kamuvaka, director of MultiEthnic Behavioral Health, an agency hired by DHS to provide social services to Danieal, was charged with involuntary manslaughter, forgery, conspiracy, and six other crimes. Kamuvaka is accused of fabricating a year's worth of reports to cover up the fact that MultiEthnic workers didn't do their jobs. Bail was set at $200,000.

* Julius Murray, the MultiEthnic social worker paid to visit with Danieal twice a week, faces the same charges as Kamuvaka. Bail was set at $50,000.

* Three others, Andrea Miles, Marie Moses and Diamond Brantley - all friends of Danieal's mother - are charged with perjury. They allegedly lied to the grand jury when they told jurors that they saw Danieal just before her death and the girl seemed fine.

Staff writers Bob Warner and Catherine Lucey contributed to this report.