I FRIDAY, OCT. 29, 2010
Audit:
By Mark Scolforo
ASSOCIATED PRESS
HARRISBURG, Pa. The state
agency that collects and conserves
Pennsylvania's history can't locate
more than 1,800 artifacts, including
sculptures and Civil War items,
according to a study released
Thursday.
The state auditor general's office
said it found lax oversight and an
antiquated inventory system within
the Pennsylvania Historical and
Museum Commission and the state
Railroad Museum that the commis
sion administers.
"These missing artifacts are
pieces of Pennsylvania history that
are likely lost forever, either through
mishandling or theft," said Wagner,
who recommended a development
director be hired to seek funding for
a modern bar-code inventory track
ing system.
Wagner said the missing items
include a Turkish gold ring that is
nearly 800 years old, a Civil War rifle
and a pair of plaster sculptures by
Robert Tait McKenzie. He said audi-
Judge upholds manslaughter charge
After the death of a dis
abled client. counselor faces
manslaughter charges.
By Maryclaire Dale
ASSOCIATED PRESS
PENNDEL. Pa. A worker
charged with leaving a disabled
client to die in a blazing hot van
should not become the scapegoat for
a "systemwide failure" at the vic
tim's residential facility a defense
lawyer argued Thursday.
A judge nonetheless upheld invol
untary manslaughter charges
against counselor Stacey Strauss. 40.
of Philadelphia in the death of a
severely autistic man after a group
outing on a 97-degree day
"She left him in the van with his
Happy Meal, and that's where he
stayed until he died. - Assistant
District Attorney Robert James said
of 20-yearold.
Bryan Nevins. who went unnoticed
behind the parked van's tinted win
dows for five hours on July 24.
Defense lawyer Robert Lynch
believes several co-workers at
Woods Services share in the blame,
and said the Langhorne facility did
not do enough to keep tabs on their
clients or ensure their safety
Nevins, given his severe condition,
was supposed to be within arm's
length of a counselor at all times, yet
was put in the van's third row, beyond
the reach of Strauss in the driver's
seat and a second counselor seated
next to her the other counselor testi
fied.
The counselor assigned to Nevins
at his residence building left for the
day without seeing the client or ask
ing if the group had made it back.
according to that counselor's testi-
Pa. agency missing artifacts
"These missing artifacts are pieces of Pennsylvania
history that are likely lost forever, either through
mishandling or theft."
tors found an Internet reference that
the sculptures were auctioned in
New York for $42,000.
Commission spokesman Kirk
Wilson said that after the agency
received the list of missing artifacts
on Thursday, employees were able to
locate at least 300 items. He said
auditors may have been using an out
dated inventory list, and noted that
just because the pieces are missing
does not necessarily mean they were
stolen.
- More than likely, a greater major
ity of them would be in our posses
sion," Wilson said.
Wilson said the Historical and
Museum Commission has been
hard-hit by budget cuts, losing more
than one-third of its staff and nearly
half its budget the past four years.
mony The group had returned to
campus at about 12:45 p.m.
And Strauss' supervisor, who had
organized the trip, acknowledged
that other problems that surfaced
that day kept her from finishing her
rounds to residence buildings.
Supervisor Michelle Bova added that
the checks are not required.
Strauss, who is free on bail, must
now stand trial on charges of felony
neglect of a care-dependent person
and two misdemeanors, involuntary
manslaughter and reckless endan
germent.
Strauss called the case a tragic
accident and said he does not think
anyone should he criminally
charged.
"Unfortunately, there's a public
outcry ... and you need a scapegoat,"
defense lawyer Robert Lynch
argued.
"The entire facility as a whole
failed Brian Nevins that day. It's a
systemwide failure."
The autopsy report also lists the
manner of death as accidental, while
concluding that Nevins died of hyper
thermia and autism, the latter
because he was unable to get himself
out of the van.
.At best, there was a freak tragic
accident, that she forgot this child
that she cared for;" Lynch said.
Strauss had worked at the facility
for nine years.
According to testimony, Bova that
morning assigned Strauss and a sec
ond counselor, Gerald Douglas, to
take four students to the park.
Nevins was a late substitution
because another client did not have a
bathing suit, Douglas said.
He was also the most disabled of
the four, diagnosed as both autistic
and profoundly mentally retarded,
according to the testimony
While Bova and another witness
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But his efforts were mostly thwart
ed Thursday by successful objec
tions.
"It goes to the heart of it, to the
clarity of who's really supervising
someone at this point," Lynch
argued.
Not long after the group got to
Sesame Place, Nevins began acting
out, trying to bite and scratch himself
and others in the group, Douglas tes
tified. Strauss called Bova and was
told to return home.
After a quick stop at McDonald's,
Strauss dropped off Douglas and his
two charges. She later made it back
to Building 138 with one of the two
remaining passengers from the van's
third row.
Nevins, who lived in adjacent
Building 13A, never did.
His body was found about 5:30 p.m.
Strauss returned voluntarily to cam
pus after learning the news.
According to police, she made con
flicting statements that night about
whether she was responsible for
Nevins.
Nevins and a triplet brother had
lived at Woods Services for five
years.
William Nevins of Oceanside, N.Y.,
a retired New York City homicide
detective, has said he was previously
satisfied with his sons' care at the
facility
The nonprofit Woods Services
serves about 1,400 clients from sev
eral states at facilities in suburban
Philadelphia.
The center had no immediate
comment on Lynch's accusations,
spokeswoman Cheryl Kauffman
said.
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STATE
Jack Wagner
Pennsylvania general auditor
"The recommendations are wor
thy of consideration, but there again,
it comes down to the resources avail
able to us," Wilson said.
Wagner's auditors found 1,588 arti
facts missing from the commission,
and another 295 from the Railroad
Museum.
He said hundreds of other pieces
may be unaccounted for within a col
lection estimated to contain about 4.5
million items.
An electronic database system
bought a decade ago is not complete,
and the agency does not know pre
cisely how many items it has.
The survey also found inadequate
preservation and security, including
soine artifacts hanging from over
head pipes and others stored in base
ments with no climate control.
said Bova specifically assigned
Strauss to supervise Nevins and
another client, Lynch suggested in
cross-examination his intent to chal
lenge that claim.
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Use the same chanting cadence. And do it again
whenever WE ARE...PENN STATE concludes.
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lend your vocal support for this grassroots effort
to honor Coach Paterno by renaming the stadium
Joe Paterno Field at Beaver Stadium.
Thanks To "Students for Paterno Field Committee': Meg Hill, Chair
Saturday night, let's hear the stadium echo with
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Pennsylvania Gov. Ed Rendell praised the state's rank of
26th in overall tax burden.
Pa. ranked 26th
in tax burden
The Associated Press
HARRISBURG, Pa. Gov. Ed Rendell defended
Pennsylvania's business tax climate on Thursday. citing a
new report that ranks the state 26th in overall tax burden.
Rendell said the state would have scored even better on
the Tax Foundation's rankings if the organization had fac
tored in the number of businesses using the so-called
Delaware loophole. The term refers to the practice of com
panies incorporating in another jurisdiction, often
Delaware, to escape their state's tax on profits.
"This is proof of what I've been saying all along, that we
do not have an unfriendly business climate. In fact. we have
a very friendly business climate. particularly for an older.
northeastern state." Rendell said. noting Pennsylvania has
been among the leading states this year in creating jobs.
Rendell, a Democrat, said the state's businesses have
saved $7.2 billion in taxes thanks to reductions made during
his eight years in office.
Pennsylvania scored much better than five neighboring
states, but worse than Delaware.
Pennsylvania Chamber of Business and Industry
spokesman Gene Barr said there was an important distinc
tion between the relatively modest tax rate that small busi
nesses pay and the 10 percent corporate net income tax
rate.
He said many of the companies that do not pay the cor
porate net income tax are defunct or were never set up to
make money, using a real-estate holding company as an
example.
"If you can be a large corporation coming into
Pennsylvania and not pay any taxes, why are we not seeing
the large moving vans coming into this state . 7 Barr said.
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