The DSS Investigation of John Wilson

[Documents regarding the DSS Investigation of alleged sexual abuse of Peter Hanes (alias) by John Wilson (alias). In what follows, I will also replace information that might identify the informant (reporter) with XXXXX.]


Department of Social Services


CHILD ABUSE AND NEGLECT REPORT FORMF amily Number: 010-000-983 Family Name: Hanes

Date and Time Report Received: 1/17/85 11:15 a.m.

Name of Person Receiving Report: Sue Dunning

Caseworker #: 001 010 015 Unit: Protective 499-7370
Region Area Worker TElephone #

INFORMATION ON CHILDREN RESULTS OF RECORD SEARCH
Name: Peter Hanes Reported: X Yes Existing Record Found
First Last Sex: X Male X Yes X Open MSPCC
Date of Birth: 11 00 80 4 yrs.
mm dd yy
Current Location Address: XXXXX Foster Home
XXXXX, Chesire

Name: George Hanes Reported X No Existing Record Found
First Last Sex: X Male X Yes X Open MSPCC
Date of Birth: 05 00 85 19 months
mm dd yy


Name: Julie Hanes D.O.B. or Approx age: 21 Existing Record Found

First Last X Yes X Open MSPCC

Address: 21 Faulkner Place, Pittsfield Sex: X Female

Relationship
to Children: Mother 447-9100
Telephone #

Primary Language Spoken: English
Ethnicity: White

Name: John Wilson
First Last

Address: Sex: X Male

Relationship
to Children: Mom’s Boyfriend


INFORMATION ON THE REPORTERFamily Number: 010-000-983

Mandated

Reporter’s Name: XXXXX Telephone: XXXXX

Reporter’s Address: XXXXX

Reporter’s Occupation: XXXXX Reporter’s Relationship to Children: Foster Mother

Has the reporter informed family that s/he will be making report? NO

Describe the role of the reporter with respect to this family? (i.e., how long has the reporter known this family, what opportunity has the reporter had for direct observation, and any other information bearing on the reliability of this reporter).

Reporter insists on remaining anonymous.

SCREENING — FAMILY NARRATIVE

Type of Report: Sexual Abuse

Names(s) of Alleged Perpetrator(s): [Left blank]

Describe the allegation, (i.e., what the reporter said about child(ren) being abused or neglected, including name(s) of alleged perpetrator(s)).

Peter came home Sunday from visitation on Sunday and asked XXXXX to take him to the bathroom where he grabbed his genitals and said that his mother told him that they were getting big and strong. Later that day he put his penis in a hole in a magazine rack and masturbated it. The following morning he mentioned that “Bernie touched my pee and my Mommy touches it too.” Then he said that John (Mom’s boyfriend) also touches him and that it was “bad touch like Bernie.” He said that John rubs him in the bathtub, and in his own bedroom, and at night when he sleeps with Mom. The child said that it was o.k. He sometimes won’t talk but when XXXXX asked who really touched him, he said “John”.

Reporter is also concerned about the baby who won’t allow her to change his diaper.


List below all persons other than reporter or those named in the report who provided information.

[None are listed.]

Screening Decision:

Screened-In/No Emergency Response Required

State Reasons for Screening Decision:

Screened in due to allegations of sexual abuse.

SIGNATURES CASEWORKER #’S DATE

Social Worker 001 010 015 01/17/85

Supervisor 001 010 907 01/17/85


Family Number: 010-000-983

Family Name: Hanes

INVESTIGATION ASSIGNMENT:

Name of Social Worker: William Baugham

Caseworker # 001 010 004 Unit Protective Telephone # XXXXX

Date and Time of Assignment 1/17/85 3:30 P.M.

Investigation Assigned by Supervisor Lance Lapointe

Caseworker # 001 010 907 Unit Protective Telephone: XXXXX

INVESTIGATION PROCESS:

Describe investigation activities, including home visit(s) or attempts to make home visit(s), with general observations and specific collateral contacts. For each reported child record whether each child was viewed and the nature and extent of alleged injuries and any indications of prior injuries, abuse or neglect. Also, include reason(s) for emergency removal, if necessary, during investigation. Date each entry.1/18/85 – 9:00 A.M. – 11:00 A.M.

For two hours, worker visited the XXXXX foster home. Present were the foster mother, XXXXX and the two foster children, Peter Hanes and George Hanes.

An excellent relationship appears to exist between the two Hanes children and their foster mother whom Peter calls “Mommie”. Both children sat on XXXXX’s lap several times and hugged XXXXX several times. XXXXX speaks to the children firmly but lovingly, making clear her expectations and insisting upon them but in a nurturing and accepting way.

The younger child, George, was too young to question, although an attempt was made late in the interview.

Upon worker’s arrival, both Peter and George clung to XXXXX’s legs in an exhibition of anxiety about who worker was, but within three minutes, both children became exceedingly curious about what was in the suitcase after telling them that Worker brought friends. Peter was the more aggressive of the two and found the dolls (anatomically correct dolls) inside the suitcase and whipped them out with laughter. Worker placed the three dolls on the couch next to worker and told Peter that the larger male doll was “John”, and the woman doll was “Mommie”, and the smaller male doll was “Peter”. At first, peter did not accept the names, saying “That’s not me”, but then accepted the names. Peter’s first act was to hit the “John” doll with his fists several times, and then separated the “John” doll from the others by placing it at the far end of the couch, so that only the “Mommie” doll and the “Peter” doll were sitting together. Peter said he “hates” John, and he hit the “John” doll again. Worker asked Peter why he hates John. Peter said “John touches my peepee.” XXXXX asked Peter if it was a good touch or bad touch. Peter said, “It was bad touch”. Worker asked Peter if it was bad touch like Bernie. Peter said, “Yup”. Worker asked Peter what Mommie did when that happened. Peter said, “Mommie hit John with soap”. Later in the interview, Peter identified this event as “a secret” and said, “John will get angry and break the house”, if anyone knows, and Peter said, “Mommie told me” when worker asked Peter who told him to keep it a secret.

Within five or six minutes, Peter decided to undress the dolls, and he chose to undress the “John” doll first. Peter laughed and became excited when he saw the doll’s penis, and ran with the doll to show it to XXXXX who was in the next room with George for a few minutes, and shouted, “Look at the peepee”. Peter rushed back into the room, with as much enthusiasm as if Santa Claus had just arrived, and ran immediately to the “Mommie” doll with gusto gleefully shouting, “See Mommie’s boobs! See Mommie’s boobs!”, as he quickly pushed up the “Mommie” doll’s blouse, and then gasped “Oooohh!”, as he gazed upon the “Mommie” doll’s breasts, upon which Peter shouted, “Look how big her boobs!”, then grabbed the doll and ran with it into the next room to show XXXXX. “Look how big her boobs!” Peter insisted that he did not want worker or Peter or any one to undress the “Peter” doll. Later he did, however.

Peter does not appear to have a good time reference. Everything, according to him, happened “last night” which, of course, is impossible, but everything means practically any question one asks him.

At one point, Peter put all three dolls in “bed” with each other (piled together under a chair) and said that he and Mommie and John are often in bed together. Peter said Mommie shares and John shares.

Peter exhibited marked defensiveness when asked about whether Mommie ever touches his peepee, at some time saying, “It’s good touch”, at other times shouting, “No! No! No!”

At one point, XXXXX got a bowl of water for Peter to demonstrate how John washes his penis. Peter requested both soap (a bar of soap) and a wash cloth. XXXXX held her hand over the bowl and stuck out her finger to represent Peter’s penis. Peter then rubbed the washcloth with the soap, and began to stroke XXXXX’s finger with the wash cloth with a downward stroking, the finger pointing downward. Peter stroked XXXXX’s finger with the wash cloth approximately a dozen times. XXXXX kept asking Peter if he understood that he’s demonstrating how John washes Peter’s penis, and Peter said, “Yup” each time.

Peter calls both the foster mother and his natural mother “Mommie”, but it was clear he was taking about his natural mother throughout the interview because he was referring to Mommie and John, and talking about the mother not present.

Much of the two hour interview was unproductive. Peter has a short attention span, buried his head in the couch a lot, shouted “No!” to many questions, including whether there was snow outdoors (which there was).

XXXXX told worker about how Peter had made copulating gestures with a metal magazine rack, and showed worker the rack. Peter did not want to replicate the gestures but he did say, “Yup” when asked if he did that and said “Yup” when XXXXX held the “Peter” doll up so that the penis penetrated the hole in the rack. XXXXX also demonstrated by thrusting her lips back and forth, and Peter said, “Yup”. XXXXX said this event occurred within the hour of Peter’s return from visitation with his mother and John.

At one point, Peter took the underpants off all four dolls and put four pairs of underpants on the “John” doll. Worker did not know what this represented but noted Peter’s insistence and persistence in accomplishing this task.

1/18/85 – 1.00 P.M.:

Supervisor John Whalen notified the natural mother, Julie Hanes, that visitation is cancelled for the week-end. Julie wished to meet with worker at DSS. A 2:00 P.M. appointment was established.

1/18/85 – 2:00 P.M.:

Julie Hanes visited worker at DSS. Julie stared at the floor as worker told her what Peter had said to worker. Julie paused for lengthy periods before denying each allegation. Julie said her boyfriend John Wilson “has never given Peter a bath”, and, “has never been alone with Peter”, and, “is never home when John Wilson visits”, and, “Peter has only seen John four times”. Julie expressed hostility against DSS and said everything is “bullshit” and “a game”. When worker asked about whether there are parties at her house, Julie said, “I’ve never had a party at my house.” Worker asked Julie why Peter talked about beer at her house. Julie stared at the floor silently. When worker said Peter indicates that John sexually abused him, and that she, Julie hit John and pledged Peter to secrecy, Julie sat silently, did not respond, and stared at the floor. Worker asked Julie to have John visit worker on 1/21/85 (on Monday, this being Friday).

1/18/85 – 4:00 P.M.:

John Wilson and Julie Hanes visited worker at DSS. John denied all allegations. Worker asked John how often he has seen Peter. John said “four or five times since the E.C.D.C. thing” and “maybe thirty times over the past two or three years”. Worker pointed out that Julie had earlier said Peter has only seen John four times. John replied, “Why do you have to be such a prick?” Worker called an end to the conversation. John later returned to apologize. During the interview, John said, “If this ever makes the papers there’s going to be one sorry son of a bitch around here”. John denied ever having been in the bathroom when Peter took a bath.

At 4:00 P.M., DSS Social Worker, Pat Polumbo, told worker that Peter Hanes was “off the wall” during the competency hearing at the D.A/’s office, and attributed the child’s behavior to overload due to worker’s visit with Peter earlier in the day. The competency hearing was for the children testifying against Bernie, the alleged E.C.D.C. sex abuse perpetrator.

1/18/85 – Telephone

Worker called the foster mother, XXXXX at 6:00 P.M. to suggest that the foster parents should avoid getting into any arguments with Julie Hanes or John Wilson if they should call or visit, but parental visitation is cancelled. XXXXX said she was glad worker had called because, less than an hour ago, Peter disclosed that John had put his penis into Peter’s mouth and, in the child’s words, John “went to the bathroom” in Peter’s mouth and “it was yucky”.

1/21/85 – Visit:

At 9:00 A.M. on Monday, worker visited the XXXXX foster home. XXXXX told worker that later on Friday night, 1/18/85, Peter was in the bathtub and was amazed by the liquid soap which squirted out of the Ivory Soap dispenser, and then Peter smeared the liquid soap on the end of his penis and said it was just like what came out of John’s penis.

Worker, Peter and XXXXX sat at the kitchen table. XXXXX placed the Ivory Soap dispenser on the table. Worker asked Peter a number of related questions, to which Peter generally replied, “None” or “Nothing”. Then XXXXX invited Peter to squirt the liquid soap into his hand from the plastic Ivory Soap dispenser. Peter did. Peter gazed at the white glob of liquid soap in his hand. Worker asked Peter if John had soap like that. Peter said, “Yup”. Worker asked Peter where John keeps his soap. Peter said, “In his pee”. Worker asked Peter if he saw John’s pee. Peter said, “Yup”. Worker asked what John made Peter do to him. Peter said, “Kiss his pee”. Worker asked if that’s when Peter saw the soap. Peter said, “Yup”. Worker asked Peter where the soap came from. Peter said, “From John’s pee”. Worker asked Peter where the soap went. Peter said, “In my mouth”. Worker asked what Peter did. Peter said he spit it out. Then Peter said John “hurt me” and “scared me”, but the child did not explain. Worker asked Peter if Mommie knew that John did that to him. Peter said, “Yup”. Worker asked Peter what Mommie did. Peter said, “Mommie hit John”.

Peter does not appear to have a time-reference. Everything mentioned happened “last night”. Peter has been in foster care since mid-December. Peter also does not understand the words “first” and “second”. But, the child does appear to understand “one” and “two” with finger counting. This was tested out, and then child was asked who goes to bed first, by “one” and “two”. Peter said George (his 19-month old brother) goes to bed “one” and Peter goes to bed “two”. Peter was also accurate about who in the foster family always gets up “one” and who gets up “two” in the morning. Peter was then asked if John did the same thing to him Bernie did to him. Peter said, “Yup”. Peter was then asked who did it “one” and who did it “two”. Peter said, “John was one and Bernie was two”.

For all other children in the household not named in the report, record whether each child was viewed and any other pertinent information.

[Section left blank.]

SUMMARY OF COLLATERAL CONTACTS:

List below all persons other than reporter or those named in the report who provided information.

[Section left blank].


SUBSTANTIATION DECISION

:

Outcome of Investigation Reportable Condition SubstantiatedDate Report Received 01/17/85

Date of Home Visit 01/18/85

Date of Substantiation Decision 01/21/85

Indicate reasons for decision that facts do or do not substantiate the existence of a reportable condition for abuse or neglect.

Sexual abuse of Peter Hanes by John Wilson is substantiated by the child, Peter Hanes disclosing:

1. That he “hates” John because “John touches my peepee”.

2. Peter said John’s touching was a “bad touch”, and agreed with “Yup” when asked if John touched him the way Bernie touched him.

3. The mother, Julie Hanes, is identified as a co-conspirator by the child when Peter said his mother told him to keep it “a secret”.

4. The child Peter said that he and his mother and John have been in bed together.

5. The child Peter demonstrated with a bowl of water, wash cloth and soap how he says John washed his peepee, by stroking a finger of the foster mother a dozen times with the wash cloth.

6. Peter Hanes disclosed that John Wilson put his penis in Peter’s mouth and ejaculated.

Date and Time Family is Informed of Outcome of Investigation 1/21/85 2:00 P.M.

SIGNATURES

William Baughan 01/21/85
Social Worker

Supervisor 01/21/85


The Commonwealth of Massachusetts
Executive offices of Human Services
Department of Social Services
Area Office
141 North Street
Pittsfield, Mass. 01201TO: Federico Brid

Regional Director

FROM: Carolyn Burns
Area Director

DATE: January 21, 1985

RE: REFERRAL TO THE DISTRICT ATTORNEY

Hanes
(Case Bame or Family Name as it appears in DSS records or 51A Reprt).

NOTE: A copy of the 51A report must be attached to this referral sheet. If the 51B investigation has been completed, a copy of this investigation report must also be attached.

I belive that the above named case may be appropriate for referral to the District Attorney for the following reason (s):

XX Child has been raped

William Baugham 1/21/85
Signature of Social Worker Date
Supervisor Concurrent

(Illegible) 1-21-85
Signature Date

Supervisor II Concurrent

(Illegible) 1-22-85
Signature Date

Area Director Decision:

I have reviewed the facts in the above named case and I believe that the criteria for referral to the District Attorney have been met.

X Yes

Carolyn Burns 1/22/85
Signature Date

Regional Director Decision:

I have reviewed the facts in the above named case and I believe that the criteria for referral to the District Attorney have been met.

X Yes

F. (?) Brid 1-29-85
Signature Date

Attachements: 51A Report
51B Report

/mb
10/84

[The document is stamped:

RECEIVED
JAN 28 1985
Department of Social Services
Region 1 Regional Director
]


On 1/21/85, Jury selection began for the Baran trial. DSS was mandated to report Wilson’s alleged abuse of Peter Hanes to the DA’s office. Note the date of the following letter. 1/30/85 was the day that Bernard Baran was convicted.

The Commonwealth of Massachusetts
Executive Office of Human Services
Department of Social Services
Region 1
145 State Street
Springfield, Mass. 01103January 30, 1985

TO: Gerald Downing, Berkshire County District Attorney’s Office

FROM: Federico A. Brid, Regional Director

RE: D.A. Referral: Peter Hanes

Attached, in accordance with Chapter 288, please find a D.A. referral on behalf of Peter Hanes, d.o.b. 11/6/80, whom we believe to have been sexually abused by John Wilson, mother’s boyfriend.

As you may recall, Peter was one of the children involved in the E.C.D.C. series of referrals.

This investigation was completed by William Baugham. Supervisory contact is Lance LaPointe.

If you have any questions please feel free to contact me.

FAB/kg

Attachments

[The document is stamped:

BERKSHIRE COUNTY
DISTRICT ATTORNEY FEB 4 1985 RECEIVED___________]