Day care provider charged with abuse
By DAVE CALDWELL, Staff Writer, dcaldwell@minotdailynews.comRUGBY A Rugby day-care provider has been formally charged with abusing children in her care.
Appearing Thursday in Northeast District Court in Rugby, Lori Ann Voeller, 47, was arraigned on six counts of child abuse or neglect, all Class B felonies. The charges stem from an investigation conducted by Special Agent Craig Zachmeier of the North Dakota Bureau of Criminal Investigation, who testified in court that Voeller admitted some of the abusive behavior to him during an interview.
Zachmeier said that he was contacted July 26 by Pierce County State's Attorney Galen Mack, who advised him that a 2-year-old boy referred to in court and in court documents as J.T. was picked up at day care the previous day, and it appeared someone had struck the child. Zachmeier said he contacted the child's mother, who was en route to Trinity Hospital in Minot with J.T. to have further examination conducted of the boy's injuries. Zachmeier met with J.T. and his mother on July 27.
"It was visibly obvious that he had injuries," Zachmeier said. He told the court that extensive bruising covered much of the boy's facial area, including inside the ears and nose.
Other witnesses testified Thursday that there had been no injuries to J.T. when he had been dropped off that morning at the day care.
Zachmeier had J.T.'s mother make a recorded telephone call to Voeller.
"She stated during the phone call that she doesn't know what happened to J.T., he might have fallen into a toy box," Zachmeier said.
Zachmeier testified that he interviewed about 15 other children who had spent time at the day care.
Assistant Attorney General Jonathan Byers, who is prosecuting the case, asked Zachmeier if all 15 said they had seen Voeller strike J.T. Zachmeier stated they had not.
"How many children did say they had seen her strike J.T.?" Byers asked.
"Roughly 10," Zachmeier said.
Zachmeier said that many of the children testified that Voeller would become upset with kids when they wouldn't eat. He said Voeller punished the children by hitting, kicking or throwing them.
He testified that when he interviewed Voeller, she at first denied the allegations.
"It turned from, 'He might have fell into the toy box,' to 'He did fall in,'" Zachmeier said.
Eventually, Zachmeier said, Voeller admitted to some of the allegations, although her admissions were sporadic.
"She said, 'I did it shut me down. I'm a bad day-care provider,'" Zachmeier said. When he explained she would likely go to jail, Voeller allegedly said, "Just get me counseling."
Zachmeier told Voeller that J.T.'s injuries corresponded with a pair of handprints squeezing his head.
"She said, 'He frustrated me that day. I didn't think I did it that hard,'" Zachmeier said.
Thursday's hearing involved testimony on only two of the six counts against Voeller. She waived preliminary hearings on Counts 2, 3, 4 and 6. Voeller's attorney, Scott Thompson of Devils Lake, also asked that Count 5 be dismissed because the parents of that child referred to as K.H. did not wish to pursue a criminal case against Voeller.
Byers argued that the responsibility of the state in this case doesn't necessarily represent any one person.
Zachmeier testified that several individuals, including one adult, testified that K.H. had been struck, thrown and kicked across the floor on occasions.
The adult indicated to Zachmeier that Voeller hit K.H. in the head "hard enough to make the sides of the high chair come off" when the child wouldn't eat.
Judge John McClintock Jr. ruled that there was probable cause to charge Voeller on all six counts.
"There was at least one adult that witnessed her strike K.H.," McClintock said. "The state is responsible for more in this case than just what the parents want for the child."
Voeller entered pleas of innocent on all six charges. She remains free on $5,000 bond. Byers asked McClintock to reinforce to Voeller that one of her bond conditions prohibits her from contacting prosecution witnesses, which Byers said Voeller has done.
"This is an extremely public matter," McClintock said to Voeller, referring to the more than 50 people gathered in the courtroom. "There are people in here that would rather have you just wait in jail."
The case now awaits scheduling for pretrial and trial proceedings.
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Moffermann
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11-21-08 3:59 PM
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It'd take a lot for me not to let my husband go ape on someone who was beating our boy.
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Brossart
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11-21-08 2:32 PM
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This makes me wonder what kind of parents wouldnt prosecute this woman. I dont feel she should be out of jail on any kind of bond. Its amazing to me none of these children were killed.
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