Stephens v. McQuiston

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The lawsuit filed by Scott Kocher contends that Aimee McQuiston was negligent in failing to take reasonable precautions, which resulted in heated water being poured on Qadira. The suit seeks $6,024 in economic damages and $300,000 in non-economic damages. Aimee McQuiston and Todd Burkholder retained Rudy R. Lachenmeier of State Farm as their defense attorney.

Karellen and Renee were not aware of the details of this lawsuit until much later, when they accessed Scott Kocher’s records following the trial. At the outset, the only fact known to them was Karellen’s role as the Guardian Ad. Litem. However, since Scott had petitioned for her appointment despite her lack of qualifications, Karellen, unaware and inexperienced, did not review the case files or understand what to look for.

During the Stephens v. McQuiston case, both the Burkholders and the Stephens were deposed. We'll first review the deposition of the Burkholders, highlighting discrepancies and concerning aspects in their account of the incident involving Qadira.

Todd Burkholder's Deposition Details: The deposition took place on February 26th, 2008, conducted by Scott Kocher at the Law Office of Lachenmier, Enloe Rall, & Heinson. Both Scott Kocher and Rudy Lachenmeier were present, but Karellen and Renee Stephens were not.

Key Claims Made by Todd Burkholder:

• Previous Bath: Todd claimed that Qadira had previously taken a bath at their home.

• Incident Context: He attributed Aimee handling a hot tea-kettle around Qadira to an activity related to "Little House on the Prairie."

• Incident Description: He claims that while he was walking toward the bathroom, he saw Qadira’s back going down into the tub

• Sequence of Events: He handed the hot water to Aimee, who took it to the bathroom. Todd left and upon returning, found Qadira burned, with no screams heard in the interim.

• Immediate Response: Todd Burkholder took Qadira down to the basement, where he said he observed "nice, big blisters" on Qadira and applied frozen peas and aloe vera, also treating her for shock by elevating her feet, he also put on Lilo and Stitch for her to watch.

• Communication: Aimee called the Stephens, and Todd contacted an Advice Nurse who reportedly suggested keeping frozen peas on the burn. He claimed Karellen appeared nonchalant upon arriving, remarking, "Accidents happen."

Omissions and Behavior: Todd's account lacks clarity on why Qadira and Sophie were bathing together and fails to explain why the Stephens weren't consulted about the bathing arrangements. He did not address why Qadira couldn’t walk after the incident, nor did Scott Kocher press on these issues.

Judgments and Accusations: Toward the end of his deposition, Todd criticized the Stephens' attitude toward the doctors and claimed The Stephens did not take Qadira's burn seriously. He also made disparaging remarks about Qadira's grandmother and suggested that the Stephens were more interested in financial gain from the injury than Qadira's well-being. He remarked that Qadira seemed unchanged since the injury, noting that he continued to see her at school where he volunteered.

Context for the Reader: It's crucial to remember that the Stephens were not present for this deposition and at this time, they were unaware of the legal potential for child abuse. This theme of being unsuspecting and naive is important to bear in mind as you continue through this section.

 Aimee McQuiston was deposed by Scott F. Kocher on the same morning as Todd. Here are the key details from her deposition:

• Previous Bathing: Aimee confirmed that Qadira had previously bathed at their home.

• Incident Context: She explained that she brought the tea-kettle into the bathroom because the bathwater had gotten cold.

• Incident Description: On the night Qadira was burned, Aimee claimed that Qadira unexpectedly jumped in front of her while she was pouring the hot water from the tea-kettle into the bathtub.

• Immediate Response: According to Aimee, she and Todd called a Kaiser Nurse, applied ice to Qadira's burn, and had her sit on the couch to watch a movie. Aimee also mentioned calling Karellen and Renee three or four times.

Omissions and Discrepancies:

• Aimee did not provide an explanation for why Qadira was unable to walk when Karellen arrived.

• There was no mention of "Little House on The Prairie" or an explanation for why Qadira was bathing with Sophie.

• In her full deposition, Aimee claimed she observed no changes in Qadira's behavior after the burn.

Judgments and Perceptions:

• Aimee criticized the Stephens' for requesting insurance information, describing their actions as strange.

• Both she and Todd portrayed the Stephens and Qadira’s grandmother as unreasonable and flippant.

Additional Context:

• Scott Kocher inquired if Todd had any relation to Rex Burkholder, a prominent politician in Portland running for City Council, District 3. Aimee confirmed that Rex is Todd’s brother.

Foreword: In cases involving severe physical injury to children, or when children witness such injuries, the standards for conducting interviews are significantly more stringent than those for adult depositions or testimony. We will delve deeper into this topic later in this section. However, it's crucial to note that the depositions summarized here fall short of the appropriate standards for interviewing children under these circumstances.

Sophie Burkholder's Deposition:

• Reason for Bathing: Sophie claims that they decided to bathe because Qadira wanted to wash off cat hair.

• Initiation of Bathing: She does not recall whose idea it was to bathe together.

Events in the Bathroom:

• Aimee McQuiston entered the bathroom with a tea-kettle.

• Qadira was standing on the bathroom floor as Aimee poured the water into the tub.

• Todd Burkholder then entered the bathroom.

• According to Sophie, Qadira jumped onto the ledge of the tub and slipped in.

Omissions in Testimony: Sophie makes no reference to "Little House on The Prairie," and does not provide details on why they ended up bathing together. She also does not explain why Qadira was unable to walk after the incident. For additional context, it is noted that Qadira Stephens is not allergic to cats.

Foreword: Prior to the depositions of the Burkholders, Rudy R. Lachenmeier conducted the deposition of Qadira Stephens. Karellen, Qadira's mother, was present during this process. 

"Lachenmeier asked Todd and Sophie to step into another room and Aimee suddenly came into the room.  She sat at the end of the table staring at me and Qadira.  SLAP, KICK, PUNCH!  My stomach was in knots.  Now that Aimee was in the room I was wondering what she was doing here?  Why was Aimee in the room?  Was Aimee going to stay in the room?  But I didn’t feel like I could ask any questions because I had never been in a situation like this." (Pg. 60)

"I didn’t like this man talking to my daughter about anything and wanted that woman who burned my daughter out of the room.  But who was I to question the process?  Should I say something or keep my big mouth shut?   I felt like I couldn’t breathe.  I didn’t understand what Aimee was doing here?  I watched Rudy ask my daughter all kinds of questions and each word spoken made me more and more uncomfortable." (Pg. 60)

"Qadira told Rudy the same story we had heard since she was well enough to tell it.  Sophie had wanted to take a bath because she wanted to show Qadira how her parents do this “teakettle thing.”  Qadira had wanted to call home to ask if she could take the bath but Sophie had begged her not to, afraid we would say no. When they were playing in the tub Aimee had come in with a teapot full of scalding water and the girls had stood on the lip of the tub when suddenly Todd out of nowhere came charging into the bathroom. Qadira was frightened and she tried to hide and slipped off the edge into the stream of boiling water. 

But she had sustained so much damage?  Why had Aimee kept pouring the water after she fell?  Why were the kids playing naked in the tub?  There were still a lot of holes in the story that Todd and Aimee needed to fill." (Pg. 61)

"As Qadira talked Aimee just sat there staring at us.  Her face was all red and flushed.  It was a very uncomfortable situation.  I kept looking at Scott but he just sat there acting like everything was just right as rain as Rudy interrogated our daughter.  I told myself that if something was wrong surely it was Scott’s job to speak up but he never did so what was I to think?  

This was a process that I knew nothing about.  Maybe I was just being paranoid about things I didn’t understand.  But it was a very intimidating circumstance especially with Aimee seated across the room glaring at me and my daughter and as the day went on things got even weirder." (Pg. 62)

"After that I was anxious to get out of there as fast as I could.  Scott took me out in the hall and told me that he would handle Todd, Aimee, and Sophie’s depositions by himself so it wasn’t necessary for me to stay.  Being in the presence of those people and talking about what happened had made me feel very angry and confused.  I was mad at Scott but somehow glad he was there to take over." (Pg. 62)

Notably, the deposition took place in the presence of Aimee McQuiston, the individual accused of causing the injury.

 Key Details from Qadira's Deposition:

• Prior Baths: Qadira confirmed that she had never bathed at Todd and Aimee's home prior to the incident.

• Initiation: According to Qadira, Sophie McQuiston suggested playing in the bathtub.

• Positioning: Qadira stated she was standing on the lip of the bathtub when the incident occurred.

Incident Details: 

• Aimee entered the bathroom with a tea-kettle full of scalding water.

• Todd subsequently came into the bathroom.

• Qadira slipped from the tub’s lip and fell into the bathtub, resulting in her burns.

• Following the incident, Todd and Aimee placed her on the couch and applied ice to the burn.

Omissions: There was no mention of "Little House on The Prairie" or a desire to wash off cat hair in her account, which contrasts with other testimonies.

Concerns Highlighted by Qadira's Deposition: The inconsistencies and gaps in the narratives provided by various parties are concerning, particularly the lack of detail on how both girls ended up naked in the bathtub and why Qadira was unable to walk post-incident. These aspects highlight potential issues with the reliability and completeness of the accounts provided.

Significance of Deposition Timing and Disclosure: These depositions, recorded on February 26th, 2007, were not purchased by the Stephens until significantly later. The trial provided the first opportunity for the Stephens to hear the Burkholders' version of events in detail, which we will explore in the subsequent section. 

Introduction to the Depositions of Karellen and Renee Stephens: For the purpose of continuity, we present the depositions of Karellen and Renee Stephens below. We have chosen not to highlight specific excerpts for two main reasons:

1. Credibility and Victim Status: We hold no skepticism towards Karellen and Renee; they, along with Qadira, are victims impacted by the consequences of child abuse.

1. Contextual Understanding: At the time of their depositions, Karellen and Renee were relatively uninformed and lacked authority, which shaped their responses. Their lack of intense dissatisfaction with the doctors, lawyers, law enforcement, or Todd and Aimee stemmed from a chronological confusion about the events they were experiencing.

Discrepancies in Interview Length and Depth:

Despite being least involved in the crime, Karellen and Renee were subjected to longer and more in-depth interviews than either Todd Burkholder or Aimee McQuiston. This disparity highlights ongoing social prejudice, apparent throughout the narrative and the broader story.

Misplacement of Testimony Context:

The nature of their testimonials, much like those of Todd and Aimee, suggests they belong in a criminal rather than a civil context. The civil trial often leveraged broad and general information against Karellen and Renee in a prejudicial manner, which you can explore further in the civil trial transcript.

Misuse of Testimony:

Over the years, the availability of Karellen and Renee’s depositions online has been misused to justify the actions of Todd and Aimee, sometimes even by law enforcement. This misuse underscores the importance of mandatory child abuse reporting laws and the role of mandatory reporters like Scott F. Kocher.

Reader Caution:

As you read these depositions, be wary of victim-blaming—a prevalent issue within abuse culture that perpetuates injustice despite legal and social efforts to combat such outcomes. The objective nature of child abuse and neglect necessitates rigorous adherence to reporting laws and the ethical duties of involved parties.

Introduction: Karellen and Renee were unfamiliar with the criminal implications of the events surrounding Qadira's injury. Their testimony during the depositions largely echoed what they had been told by Qadira: she was playing with Sophie in the bathtub, Sophie wanted to demonstrate something her mother did with a tea-kettle, and Qadira, standing on the ledge, slipped into the scalding water.

Invasive Questioning:

Rudy R. Lachenmeier conducted the depositions, extending their length with numerous unrelated and probing questions about Qadira’s life and the Stephens' personal circumstances. By law, he wasn't required to report the Burkholders' testimony as abuse, but the point still stands that these depositions were manipulative in nature, notwithstanding the scope of litigating a case.

Lack of Suspicion and Awareness:

A significant aspect of the Stephens' testimony is their apparent lack of suspicion that a crime had been committed. When directly questioned about the intent behind the burn, they simply answered no. However, the behavioral changes observed in Qadira—her withdrawal, shyness, introspectiveness, and memory issues—suggest underlying trauma. The continued presence of Todd and Aimee in Qadira’s school environment, and Aimee’s presence at the deposition, likely exacerbated this trauma.

Focus on Medical Treatment:

At the time, Karellen and Renee were primarily concerned with securing appropriate medical treatment for Qadira, believing that she was receiving the necessary care. Some interpretations of their actions suggest acquiescence, but this misunderstands the objective indicators of child abuse and neglect which mandate reporting, regardless of the parents' understanding or intentions.

Limitation of Information:

It is crucial to note that Karellen and Renee did not have access to the full depositions of Todd and Aimee at the time of their own depositions, which significantly limited their perspective and understanding of the full context of Qadira’s injury.

Qadira Stephens as a Potential Victim of Child Abuse: Qadira Stephens was identified as a potential victim of child abuse, highlighted by the application of ORS 419.B, the mandatory reporting law in effect at the time. This law dictates the necessity of reporting potential child abuse incidents discovered under certain circumstances.

Guidelines for Interviewing Child Abuse Victims: The handling of interviews with child abuse victims is governed by specific guidelines meant to protect the victim and ensure the integrity of the information collected. According to the 2004 edition of the Oregon Interviewing Guidelines:

"Child abuse interviewers should have several years of experience, training and continuing education in working with children through a background in mental health, child protection, law enforcement or social work. Training in child development and forensic questioning approaches is critical to supplement the interviewer's background training. Continuing education in the forms of peer consultation, literature updates, and legal updates also will be essential." (Pg. 7)

Failures in Interview Standards: Rudy R. Lachenmeier did not meet the necessary standards to conduct an interview with a child abuse victim. The guidelines emphasize the importance of the interview environment:

"Friendly, neutral verbal and nonverbal signals communicated by the interviewer to the child and the child's caregivers strengthen the structural integrity of the interview and promote the child's psychological well-being. The interview setting should be safe, supportive, comfortable and child friendly. In addition, the setting should minimize distractions, interruptions and contaminating influences." (Pg. 7)

Allowing Aimee McQuiston, a key figure in the incident, to sit directly across from Qadira, along with the presence of an untrained interviewer, compromised the deposition, further traumatizing Qadira and undermining the interview’s validity.

Mandatory Reporting Obligations: Scott F. Kocher, as a legal professional, was bound by the Oregon State Bar's "Questions and Answers About Mandatory Child Abuse Reporting For Lawyers," which clarifies reporting obligations:

"Child abuse reporting is a 24-hour-a-day, 7-day-a-week responsibility... mandatory reporters are never 'off-duty' for purposes of child abuse reporting." (Pg. 2)

The document further details what constitutes reasonable cause:

"The belief must be subjectively and objectively reasonable... The fact that there are possible non-abuse explanations for the injury does not negate reasonable suspicion." (Pg. 3)

Inadequate Legal Action: Despite being present during interviews that revealed the severity and dubious nature of Qadira’s injuries, Kocher failed to fulfill his legal duty to report these suspicions to law enforcement. This failure was compounded by the absence of a qualified Guardian Ad Litem, which might have redirected the course of action.

Testimonies from the Burkholders: In the upcoming part two of Stephens v. McQuiston, testimonies from the Burkholders reveal their admissions regarding the circumstances that led to Qadira’s scalding, further illustrating the complexities and challenges in addressing this case through the legal system.