[sanjuro]

The child abuse is bad enough, but when you name your kids Xctasy and Hennessy...

Legal twist added to abuse case
Fathers of Xctasy Garcia, brother plan lawsuit; trial on alleged mistreatment expected in November

By ANNE MILLER and MIKE GOODWIN, Staff writers
Click byline for more stories by writer.
First published: Thursday, September 7, 2006

SCHENECTADY -- The fathers of two children involved in the Xctasy Garcia case plan to sue the county and the motel where the child abuse occurred, according to one of their attorneys.

The two children -- Xctasy and her brother, Hennessy Velazquez -- have been placed in foster care in the wake of allegations that her mother's boyfriend severely beat and nearly blinded the girl.


A Times Union/NewsChannel 13 investigation this summer found that motel residents and the motel owner knew abuse might have occurred and that phone calls to Schenectady County's Department of Social Services warned of the abuse.

Since then, the fathers and other family have been seeking custody of the children -- 4-year-old Xctasy; 8-year-old Hennessy; and Damien Munoz, 7 -- in Family Court. On Thursday, Judge Mark Powers ruled that a trial will be held Nov. 2 to determine whether abuse and neglect occurred and then he will decide where to place the children.

The children had been at the Twins Motor Inn on State Street in June when police arrested their mother, Delia Hernandez, and her boyfriend, Jose Munoz, on felony abuse charges.

Mark Gaylord, who represents Hennessy's father, Luis Velazquez, in Family Court, said he expects to file paperwork on Friday in the suit against the motel and county. Gaylord also is expected to represent Avin Garcia, Xctasy's father.

Gaylord said he has 90 days from the incident to file a notice of claim, alerting the county that a lawsuit is in the works. He said the fathers want to cover the children's hospital bills and will seek damages. The claim does not have to specify how much money his clients want, Gaylord said.

DSS had placed Hernandez and the children in the motel temporarily. Munoz was not supposed to be there.

"We know that the manager of the Twins had information that Mr. Munoz was in that hotel room in the middle of the night," Gaylord said.

Xctasy was taken to St. Clare's Hospital on June 12 after parishioners at a local church noticed her eyes were swollen shut. Hernandez, who took the girl to church, initially told police Xctasy had been injured in a fall down the stairs.

Authorities allege that Munoz broke the girl's left forearm and right shoulder, nearly blinded her with bleach, tried to drown her and attempted to sell her to strangers. Doctors initially feared Xctasy would be permanently blind, but her father said she can see and her broken bones are healing.

Xctasy and her brothers, who authorities have said were also abused but to a lesser degree, have lived with a foster family since June. Family Court proceedings have been delayed because the relatives seeking custody live in Massachusetts, and authorities there needed time to examine the custody requests and submit a report to Schenectady officials.

So far:

Hernandez's sister, Ruth Hernandez, has sought custody of all three children.

Luis Velazquez, who initially sought custody of just Hennessy, has amended his petition to take all three.

Avin Garcia and his mother, Nancy Mestre, are seeking custody of Xctasy.

Ruth Hernandez was absent from the courtroom Wednesday and Powers said, "The information we received was not altogether favorable."

At a previous hearing, Powers discussed giving Velazquez custody of his son, or at least visiting rights, contingent on him finding a new place to live. Velazquez told the judge in August that he lives in a one-bedroom apartment with his mother -- and she sleeps in the bedroom.

Velazquez has now rented a two-bedroom apartment and will move in about two weeks. Gaylord said it looks likely that Velazquez will be granted weekend visits with Hennessy and Damien.

Attorney Stephen Rockmacher of Schenectady, who represents Delia Hernandez, said he spoke with his client about the boys visiting Velazquez and she said "that would be good for her sons."

As for Garcia, who has a history of drug abuse, he had said he was clean for months but was arrested July 29 on drunken-driving charges. He is out on $500 bail awaiting a return court date of Sept. 19 at Fitchburg District Court in Massachusetts.

Kevin Burke, an assistant county attorney who represents the Schenectady County Department of Social Services, said officials also had explored whether Munoz's relatives in Puerto Rico could take the kids. "(The kids') memories of their time in Puerto Rico with the relatives and Mr. Munoz are all very negative," Burke said.

Munoz and Hernandez, both 26, are being held in isolation at the county jail while they await trial. Hernandez is due back in Schenectady County Court on Tuesday.

 

[luelling]

I've always been in favor of a test (or a class, I need one) or something of the sort to be a parent.....the problem is that anyone can get pregnant on purpose or by accident.

Let just hope more good parents have kids to make up for these idiots.

 

[amydalayna]

poor kids. the are bound to live the crappiest lives ever.

 

[Secret Squirrel]

On the bright side....if the girl ever goes into porn, she won't have to come up with a different, more appropriate name....And the boy will never have to ask for a whiskey....

"Hennessy?"
"Yep, pour one right here..."

 

[jimmydean]

That's some good stuff right there.

There was a foster child that lived next door who's name was "HP". I never thought much about it until I was talking with my wife one day and she told me what it stood for.

"Higher Power"! Are you serious? Man, I though hippies and mega-rich celebs named kids poorly until I heard this. He's a meth baby with no chance of survival, but the name only adds to the issues.

 

[luelling]

That's some good stuff right there.

There was a foster child that lived next door who's name was "HP". I never thought much about it until I was talking with my wife one day and she told me what it stood for.

"Higher Power"! Are you serious? Man, I though hippies and mega-rich celebs named kids poorly until I heard this. He's a meth baby with no chance of survival, but the name only adds to the issues.

Those meth heads are crazy!!

 

[ALEXIS_DH]

there are some seriously funny names in that story.
xctasy, henessy, gaylord...

it sounds almost made up

 

[JohnE]

Cocaine is a helluva drug...

 

[llkoolkeg]

Drug abuse is no excuse whatsoever for harming or neglecting a child. Those responsible should be boiled and peeled like crawdads.