Stephen's v. McQuiston

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On August 11th and 12th of 2008, the case of Stephens V. McQuiston was presented before Judge Michael J. McShane in the Circuit Court of the State of Oregon. Notably, Qadira Stephens was not present at the trial. Here, we delve into Karellen Stephens' witness accounts from her book, providing insight into the personal and legal challenges they faced during the trial. Here are key excerpts from Karellen's testimony:

Pre-Trial Expectations:

• "Scott kept telling me as we neared the trial date 'oh I know Rudy; he’ll probably just lean over and offer to settle for about $40,000.' If that’s what Scott thought then I was going to go along with it. I just listened to him and trusted him. He assured me that Qadira’s case was cut and dry and he made it seem like the trial wasn’t really going to happen. I believed him. The dance that he was doing with Rudy was just all part of the process. Why wouldn’t I believe him? The one thing we knew for sure was that Todd and Aimee had been at the very least, negligent." (Pg. 67)

Protecting Qadira:

• "But we didn’t want to put Qadira through a trial. We knew that for sure. I honestly did not think she could handle it. She had been through enough and the school year had been extremely difficult. Todd and Aimee had continued to volunteer in her class after Aimee burned up Qadira and she had had to endure the stress of seeing them at school throughout the entire ordeal. I have no idea how she did it. I personally could not stand the sight of those people but politely kept my opinion to myself thinking this would all resolve itself through the legal process." (Pg. 68)

Jury Selection Concerns:

• "I couldn’t imagine what it would be like for her to recount that horrible night in front of those people.  She had already been put through that at her deposition with Aimee staring her down.  I didn’t want her to have to go through that again in front of 12 strangers.  We worried that an all-white jury might not be so sympathetic to Qadira’s plight if she didn’t attend the trial.  But Scott easily disabused of that notion." (Pg. 68).

• "On the day of the trial we told Qadira very little about what was happening.  She was only 9 at the time so we didn’t want to worry her.  I remember feeling so small in the courtroom.  Here I was a 30 year old woman with 4 children and I had never once set foot in a courtroom... When the jury members flooded in for jury selection I was surprised to recognize one of the jurors from Hayhurst... All of the potential jurors were white just as we had feared they would be. I was a little discouraged by that. Two of the prospective jurors told stories of family members who they knew had been burned but they made sure to add that no one had ever sued anyone over it." (Pg. 69)

Trial Witnesses and Strategy: The witnesses for this trial included Aimee McQuiston, Todd Burkholder, Sophie Burkholder, Karellen Stephens, Renee Stephens, and Qadira Stephens via her deposition. Notably, Scott F. Kocher chose not to call any medical professionals to testify, nor did he include either Audrey Lloyd or any of Karellen's neighbors as witnesses.

Impact and Subsequent Actions: The testimonies of Todd, Aimee, and Sophie, contrasted with Qadira’s deposition, ultimately compelled Karellen and Renee to formally report Qadira's injury to the police. Concerns also arose about the admission of a PPS School Program into the trial as an exhibit, reflecting the concerning nature of the legal proceedings.

Documentation and Further Analysis: For those interested in a detailed review of the trial proceedings, testimony, and exhibits are provided in the following sections, with the Burkholders' and the Stephens' testimonies organized separately for clarity.

In preparation for the civil trial, Scott F. Kocher compiled crucial visual evidence to support the case. We have provided images that are essential for understanding the context and severity of the incident:

The Bathroom: Photographs of the bathroom where the Burkholders claim the accident occurred illustrate the scene of the incident.

The Couch: Images of the couch where Qadira was placed after being scalded, where she remained for an undetermined amount of time, highlighting the immediate aftercare or lack thereof.

The Tea-Kettle: The tea-kettle allegedly used to scald Qadira, a key piece of evidence in understanding the mechanics of the incident.

Injury Documentation: A current photograph of Qadira’s knee by the time of the civil trial, showing the long-term physical effects of the burn.

These images serve as a stark reminder of the physical context and the tangible elements involved in the incident. As you review the testimony from the trial, keeping these images in mind will provide a more comprehensive understanding of the events and the environment in which they occurred.

During the trial of Stephens V. McQuiston, Aimee McQuiston’s testimony in open court diverged notably from her earlier deposition. Notably, she acknowledged the relevance of "Little House on The Prairie" to the incident—a detail previously omitted in her deposition. Her testimony, under both direct examination by Scott F. Kocher and cross-examination by Rudy R. Lachenmeier, included an admission that she was responsible for burning Qadira, though she contended she was not negligent.

A significant and contradictory detail emerged when Aimee mentioned that Qadira did not scream when her leg contacted the scalding water, a point that may raise questions about the accuracy or consistency of her account when considered later in this analysis.

 Karellen Stephens, present in the courtroom, heard Aimee McQuiston recount the events for the first time. This was a profound moment for Karellen, who had never before set foot in a courtroom and had only recently been appointed as Guardian Ad Litem. Her accounts reflect the intensity and emotional weight of witnessing the testimony, providing insight into her perceptions and reactions as a novice in legal proceedings and as a mother deeply involved in the traumatic events surrounding her daughter's injury.

"After Rudy and Scott made their opening statements Aimee was called up to the stand.  She sat up there and told everyone that she had burned up Qadira. But now she claimed that Qadira hadn’t slipped off the edge of the bathtub.  Instead she claimed that Qadira had been standing behind her on the floor and that Qadira had jumped into the stream of boiling water. She was suddenly telling a story I had never heard before and she said all of this as if she believed that a kettle full of scalding water in a bathroom was just totally okay." (Pg. 69)

She said they had been playing Little House on the Prairie and she said that Qadira had had a bath at their house before.  WAIT!  What? Did I hear that right?  SLAP, KICK, PUNCH! Then she claimed that she had called us multiple times which again was not true.  WHAT WAS HAPPENING?  There were phone records to prove that and I had given those to Scott.  Why wasn't he contesting anything she said?  Then she was saying that they had just been getting ready to take Qadira to the hospital when I came. " (Pg. 69)

"LADY STOP LYING!  STOP IT!  Everything she said was a lie and Scott questioned none of it.  She just sat up there and lied and Scott said nothing.  And then she said she wasn’t responsible for what happened to Qadira at all.  So whose fault was it?  What the fuck was going on?  My heart was just pounding away in my chest.  What was this woman saying?  She was lying.  Why was she lying?" (Pg. 70)

"I was heated when she got off the stand.  My heart was pounding so hard I thought I might have a heart attack.  I told Scott I wanted to talk to him right away.  He took me out in the hall and said that we weren't going to make this a 'a pissing match.' He said that it didn't matter where Qadira had been standing because Aimee was negligent regardless. He was completely calm so I tried to calm down to.  But Aimee was lying.  Why was Aimee telling lies?" (Pg. 70)

"Scott told me that none of that mattered. And I told him I had never heard about this other bath. He told me very calmly that everything was fine. I felt horrified and terrified all at the same time. My heart was pounding!  He brushed it off and told me to stay calm. He made me feel like I was going to ruin everything for Qadira if I couldn't remain calm and at this point we didn't have much time to talk."  (Pg. 70)

"It was a pull yourself together moment for Karellen. I needed to focus if I wanted a good outcome for my daughter. I wished so badly that Renee was there so I could talk to him but they wouldn’t let him be in the courtroom while any of us testified so he wasn’t going to come until it was his turn which wasn’t until tomorrow. I needed to breathe and take a step back." (Pg. 70)

"This trial was just about damages and Scott reminded me again I had to stay looking nice in front of the jury.  Everything was so confusing.  He said it wouldn't do any good to try and make Aimee look bad.  Why should we be worried about Aimee looking bad? I could hardly catch my breath.  I had so many questions that I didn't know how to ask and the clock was ticking so fast." (Pg. 70)

"I wanted so badly to do right by Qadira, and Scott was telling me my attitude in front of the jury was going to ruin things for her.  Scott was Qadira’s attorney and of course he was doing his job.  I needed to stop being paranoid about everything but still something seemed very very wrong.  There just wasn’t any time for me to think and Scott was already ushering me back into the courtroom.  Everything was a huge blur." (Pg. 70)

During the trial of Stephens v. McQuiston, Scott F. Kocher's handling of key aspects raised concerns. One significant instance was his decision not to object to Aimee McQuiston's testimony, despite Karellen Stephens’ urging. As the Guardian Ad Litem for Qadira at the time, Karellen's directives were crucial, and Scott's failure to adhere to her wishes represented a breach of his professional obligations to represent the interests of his client effectively. This oversight highlights a potential neglect of duty, undermining the legal advocacy expected for Qadira.

During the Stephens v. McQuiston trial, Todd Burkholder openly testified to the events that led to Qadira being burned. His testimony was a crucial element of the trial, particularly given the conflicting narratives previously presented.  Karellen Stephens, present in the courtroom, witnessed Todd’s testimony firsthand. Her insights are invaluable for understanding the emotional and factual impact of his statements on the court and on herself as a mother and Guardian Ad Litem. Here are key aspects of Karellen’s witness account: 

"I had to watch Todd sit up there and tell the jurors that he knew all about burns and that Qadira’s burns hadn’t been that bad.  Excuse me but Todd was not a doctor.  What did he know?  He hadn’t dealt with Qadira’s burn injury, we had!  He hadn’t changed her bandages, we had! Who was he?" (Pg. 72)

"He said that the reason the girls were naked is because they were playing “Little house on the prairie” and that he played that game with Sophie all the time. Who does that?  What the fuck did he know? What was all this sudden talk of “Little house on the prairie?”  Rudy had even opened with that assertion when he had made his opening statement and Scott had followed suit in his."  (Pg. 72)

"This whole thing was making me feel very upset and confused.  Todd talked about how it was him who boiled up the kettle and gave it to Aimee.  He said that he was sure that Qadira had taken a bath at their house before on another occasion." (Pg. 73)

"Then he talked about his master’s degree and where he worked and how he volunteered all the time up at the school and how he thought I hadn’t gotten Qadira to the hospital fast enough. WHAT THE FUCK?  Suddenly everyone was acting like I hadn’t taken Qadira’s burn injury seriously.  WHAT THE HELL WAS GOING ON?  Things were happening so fast and it was one big blur and they were saying so many things I had never heard before.  Rudy even played some video of Qadira dancing at an Odyssey Program function." (Pg. 73)

Key Points from Todd Burkholder’s Testimony:

•  Admission of the Incident: Todd Burkholder acknowledged his role in the events that resulted in Qadira’s burns. The specifics of this admission, however, need careful scrutiny against earlier statements and evidence to gauge consistency and responsibility.

• Details of the Event: Todd’s account of how Qadira came into contact with the hot water and his actions immediately following the incident were central to understanding the sequence of events and determining negligence.

• Timing of the Incident: On page 146 of his testimony Todd claimed that the incident occurred approximately thirty minutes before Karellen's arrival at the Burkholder home. This timeline, if assumed to be accurate, could influence perceptions of the severity of the situation and the urgency of medical attention.

Sophie testified to witnessing Qadira being burned, Karellen was present for this testimony, here is her witness account.

"Sophie was the last to testify all dressed up in her new yellow shoes.  She also claimed that Qadira had taken a bath at their house before.  My blood boiled in my ears!  She talked about how Qadira had been crying that night to go home and how her mother had burned Qadira.  She said Qadira wanted to take a bath to wash off because she was allergic to cats which was totally not true.  I was so confused at this point.  There were so many things being said that I had never heard before.  I needed some time to process.  I didn’t understand why Sophie was even there.  Wasn’t this trial supposed to be about the fact that Todd and Aimee had burned up Qadira?  Scott hadn’t prepared me for any of this.  I was at a complete loss." (Pg. 73)

Sophie Burkholder's testimony during the trial of Stephens v. McQuiston introduced several key details regarding the incident involving Qadira's burn. Here are the main points from Sophie's testimony:

Qadira's Request for a Bath: Sophie claimed that Qadira initiated the idea of taking a bath because she wanted to wash off cat hair, as she was allergic to cats. This assertion provides insight into Qadira's motivations for being in the bathtub and potentially sheds light on the circumstances leading up to the incident.

Prior Bathing Experience: Sophie stated that Qadira had bathed at the Burkholders' home before, implying a level of familiarity with the environment and routine. This detail could be relevant for assessing Qadira's comfort level and behavior in the bathroom.

Qadira's Explanation for the Slip: According to Sophie, Qadira explained that she tried to jump onto the tub, which resulted in her slipping and sustaining the burn. This account diverges from Aimee McQuiston's testimony, where she claimed that Qadira jumped in front of the tub while she was pouring hot water.

Response to the Burn: Sophie asserted that Qadira screamed when she was burned, contradicting Aimee McQuiston's earlier testimony, where she claimed that Qadira did not scream upon contact with the hot water. This inconsistency raises questions about the accuracy and reliability of the witnesses' recollections.

Sophie Burkholder's testimony provides a different perspective on the events leading up to Qadira's burn, offering additional details and contradictions that may impact the court's assessment of the case.

Karellen's was called to the witness-stand after Aimee McQuiston testified, here is her account of being questioned by Rudy R. Lachenmeier.

"When I got on the stand Rudy let into me hard.  First things first he wanted the jury to know that I wasn’t employed.  His words were cold and hard.  He wanted to know if I thought Qadira had changed in any way since the burn.  He wanted to know what her teachers and our neighbors thought about changes in her personality since she was burned. He was asking questions that I couldn’t even answer.  How could I tell him what someone else thought?  He asked about the meaning of Qadira’s name and if she had a best friend in Tigard.  Qadira didn’t have a best friend in Tigard.  What was this guy talking about?" (Pg. 71)

"He asked a ton of irrelevant questions that seemed geared at painting me as an unreasonable person.  At one point I even found myself saying out loud “I don’t see how that’s relevant.”  I couldn’t see what he was doing but I could feel it. He seemed to be attacking me as hard as he could and even made the suggestion that I had taken too long getting Qadira to the hospital because I had chosen to take her to Providence hospital.  Even Judge McShane had to jump in to remind the jury that failure to get quick medical care wasn’t a claim.  What was happening?" (Pg. 71)

"Then Rudy was throwing some more irrelevant questions at me about some disagreements that we had had with some neighbors that had nothing to do with Qadira being burned and making a big ass deal out of them.  He was literally comparing Qadira’s burn to some petty disagreements that had nothing to do with anything.  Like Qadira’s burn had been no big deal and we had just sued Todd and Aimee because we were shitty people.  I felt completely alone.  Scott said nothing.  I felt like I felt during the depositions.  I could barely breathe." (Pg. 71)

During the trial, Qadira was not present but her deposition was read aloud to the courtroom in order for her to have a presence.

"After my testimony was done Rudy’s assistant Betsy Fernley was called to the stand by Rudy to read Qadira’s deposition.  I listened to her drone away and butcher our kid’s names but I was glad Qadira was somehow there in spirit.  The sound of her words comforted me.  Her voice came through strong in the deposition and surely the jury would take note that Aimee had been lying about what happened.  Her version of what happened and Qadira’s version were different.  Qadira had been standing on the lip of the tub and she had never had a bath at their house before and she had told Rudy so in her deposition." (Pg. 72)

"And when it came time to put pictures of Qadira’s burn on the projection machine Scott suddenly couldn’t get his computer to work so he said he couldn’t do it.  I felt very upset when this happened but I didn’t know what to say.  He gave the jury some pictures of the burn to look at but I couldn’t tell which ones he gave them because he had put a bunch of photos in identical looking folders.  Some of the folders just contained pictures of Qadira after she was burned and some of them contained pictures of her burn at different stages. I couldn’t get a good sense of anything that was happening in front of me." (Pg.72)

Renee's testimony was taken after Todd had been questioned. Renee primarily testifies regarding what it was like to care for Qadira's wound, though he was also asked about his personal life as well.

"When Renee finally took the stand Scott asked him a bunch of questions about Qadira’s burn and our care of the wound.  He made sure to ask Renee where he had been working at the time.  “Nike” he replied.  And then there were superficial questions about what Renee thought Qadira felt about her injury.  On the cross examination Rudy made sure to ask what my husband was doing for work currently like that had anything to do with the fact that Aimee had burned up Qadira.  “Unemployed” he replied." (Pg. 73)

They were painting one nasty picture.  SLAP, KICK, PUNCH!  He asked about whom Qadira’s teachers at school were; and brought up other irrelevant information he had gathered along the way.  Mostly he asked about the same issues that we had had with our neighbors that he had asked me about that had nothing to do with the burn or Todd or Aimee.  Scott never said a word.  It all seemed very out of place." (Pg. 73) 

 Karellen Stephens provided crucial testimony during the trial of Stephens V. McQuiston, offering her firsthand account of the events surrounding Qadira's burn and its aftermath. Here are the key points from Karellen's testimony:

Arrival at the Burkholders' Home: Karellen described arriving at the Burkholders' residence and immediately observing Qadira in extreme distress, with visible skin coming off her leg. This visual evidence underscores the severity of Qadira's injuries and the urgent need for medical attention.

Limited Interaction with the Burkholders: Karellen testified that she spoke very little to the Burkholders upon her arrival, opting instead to inform them that she was taking Qadira out of their home. This decision reflects Karellen's prioritization of Qadira's well-being and her swift action to remove her from a potentially harmful environment.

Emergency Room Procedure: Karellen detailed the procedures she witnessed at the emergency room that night, providing insight into the immediate medical care Qadira received following the burn. This testimony helps establish the timeline of events and the steps taken to address Qadira's injuries.

Impact on Qadira's Personality: Karellen noted a significant change in Qadira's personality following the burn, indicating that the traumatic experience had lasting effects on her behavior and demeanor. This observation underscores the profound impact of the incident on Qadira's emotional well-being.

It's important to recognize that Karellen's and Renee's testimony reflects their perspectives as concerned parents witnessing their daughter's suffering. While their assessments of the medical care and Qadira's condition may lack professional expertise, their observations provide valuable insight into the immediate aftermath of the incident and its lasting effects on Qadira's life.

During the trial of Stephens v. McQuiston, the jury, comprising 12 individuals, played a crucial role in determining the verdict for Qadira's case. Chaired by Susan L. Glossor, a professor at Lewis and Clark, the jury was tasked with carefully considering the evidence presented by both sides and reaching a fair and just decision.

As part of their deliberation process, the jurors were provided with exhibits submitted by the attorneys representing each party. Rudy R. Lachenmeier, representing the Burkholder family, presented several exhibits to the jury. One concerning detail is that these exhibits included images of the PPS Odyssey school program and video footage of PPS events. These materials likely aimed to provide context and support for the Burkholders’ claims regarding the impact of Qadira's injury on her education and overall well-being.

Karellen's accounts of the trial verdict speaks for itself.

"And suddenly the jury was filing back into the jury room laughing really loudly.  SLAP, KICK, PUNCH!  A huge shock to my system.  Why were they laughing?  WHY WERE THEY LAUGHING?  WHAT THE FUCK?  What was so funny?  What the fuck was so funny? I could feel hot tears streaming down my face.  What about looking at pictures of my burned up daughter was so funny?  I was just standing there encased in a cloud of confusion and I felt like my heart would pound its way out of my chest and land on the floor in front of me.  The lead juror was called to read the verdict and she faced me with a horrifically nasty expression on her face.  I knew she was going to deliver bad news. (Pg. 73)

"Scott had warned us over and over to have no reaction when the verdict was read and I was trying to remain calm but something evil seemed to be taking up all the space in the room.  'We the jury find the defendant not negligent and it was unanimous!' That word 'unanimous' it hurt so bad like nails on a chalkboard. It was a unified front. I was sick, sick, sick! Susan Glosser’s voice had a piercing accusatory tone and she looked at me as if to say “that’s what you get."  It was a harsh blow to the gut." (Pg. 73)

"I could hear ringing in my ears and I struggled to breath.  It was quiet where my mind went and my body was enveloped by a strange energy as if someone had just covered me in an invisible blanket.  I couldn’t see Renee but for him he said it was like a loud 'pop' and then a deep silence.  And then the judge was talking." (Pg. 74)

"I was back in reality and I started to scream Qadira’s name.  I couldn’t contain myself and I ran out of the courtroom.  I heard Renee come out after me.  He grabbed me and hugged me tight like the night of our car accident so long ago.  He dried my eyes.  He calmed me down and reassured me.  We sat on the bench outside of the courtroom.  Neither of us wanted to hear anymore." (Pg. 74)

"And then Scott was there acting apologetic.  He said that Todd and Aimee had about 8,000 dollars of attorney’s fees that we “owed” them but that he could probably work something out with Rudy since Renee was just a welder.  SLAP, KICK, PUNCH!" (Pg. 74)

"It was pure torture of the worst kind.  And Scott took it upon himself to remind me that this was my entire fault.  I had been Qadira’s “guardian ad litem” he said, and I had made the final decision to come to a trial.  I thought I must be going insane.  Was Scott really sitting there telling me that we “owed” Todd and Aimee money for burning up Qadira?  What the hell?  What was even happening?  This had not been what I had expected at all and suddenly I was being told that I was responsible for the whole thing." (Pg. 74)

"It’s all 'your' fault Scott reminded me.  And I was left questioning myself.  Had I, as Qadira’s 'guardian ad litem' done something wrong?  I wanted to die.  Please God just let me die!  I begged the universe to kill me.  I wanted the floor to open up and swallow me whole.  I felt drained.  I couldn’t think or talk.  My body was breathing but I couldn’t feel anything.  I wanted to disappear but I didn’t know how.  I needed to get home.  I didn’t want Scott’s apologies and I didn’t want to hear the “I’m so sorry” from his assistant.  I didn’t understand what had happened in that courtroom." (Pg. 75)

The ruling in favor of Aimee McQuiston, absolving her of responsibility for Qadira's injuries, despite the evidence presented during the trial, is deeply concerning, particularly considering the severity of Qadira's injuries and the circumstances surrounding the incident. As Guardian Ad Litem, Karellen had a crucial role in advocating for Qadira's best interests and ensuring that her rights were protected throughout the legal proceedings.

The outcome of the trial, which effectively blamed Qadira for her own injuries, highlights systemic failures within the legal system to properly address cases of child abuse and hold perpetrators accountable. It also underscores the challenges faced by child victims in seeking justice and receiving adequate support.

Despite the disappointing verdict, it's important to recognize the resilience and strength of Qadira and her family in navigating such a difficult and traumatic experience. Moving forward, it's imperative to continue advocating for reforms to improve the handling of child abuse cases and ensure that victims receive the justice and support they deserve.