A Liberty Township woman charged in the death of a foster boy in her care will have to continue abiding by a no-contact order for two of the adopted children in her home, at least until her next court date later this month.
Porter Superior Court Judge Mary DeBoer made the decision after a hearing Wednesday in the case of Jennifer Wilson, 48, charged with reckless homicide, a Level 5 felony, in the death of Dakota “Levi” Stevens, 10, in late April.
Wilson was charged in Dakota’s death on July 12 and the no-contact order, involving two of the three adopted sons she has with husband Robert, was issued on July 31. The children previously were in foster care in the home before they were adopted.
The two boys included in the no-contact order are biological half-brothers, according to testimony during the hearing from Robert Wilson and one of the couple’s two biological daughters, who identified herself as S.P. in court. S.P. told the court she has been staying in the family home to help care for the boys while her mother stays temporarily with the other daughter.
Jennifer Wilson’s lead attorney, Amanda Price, asked DeBoer to close the hearing for the privacy of the family and given the confidential nature of some of the information being shared, as well as for the Wilson family’s safety and security. Price also noted the potential for the information to taint a potential jury pool and Wilson’s right to a fair trial, if the case were to go to trial.
Court procedures to close the hearing hadn’t been followed, Mary Ryan, the deputy prosecutor assigned to the case, said.
“The state is aware of the potentially inflammatory things that could be disclosed today,” Ryan said.
DeBoer ruled that the hearing take place in open court since procedural steps hadn’t been taken to close the hearing, while also acknowledging the case’s nature.
“We all know this is a very emotional case, a very volatile case, but that doesn’t change due process,” DeBoer said. “There are many, many horrible cases held in open court.”
To protect the Wilsons’ adopted children, they were identified only by their initials during the hearing. The daughter who testified as a witness was identified by her initials for her protection as well.
Inside the courtroom, Jennifer Wilson wept through much of the hearing and her husband broke down when he took the stand.
Outside, Dakota’s supporters, who have been vocal about their view that the foster system failed the boy and their desire to see additional charges filed against Jennifer Wilson, wore orange shirts as a sign of unity and chanted “Justice for Dakota!” on the sidewalk in front of the courthouse.
The group cheered when they learned that the judge had upheld the no-contact order.
DeBoer recessed court briefly so she could watch three doorbell videos from the Wilson home that capture at least part of what happened to Dakota on April 25 when, according to court documents, Jennifer Wilson “laid on his midsection” for several minutes outside her home because the boy was “acting up.”
Wilson contacted the boy’s caseworker and her husband for video calls while she lay on the child until he stopped breathing; records state Wilson weighed 340 pounds and Dakota weighed 91 pounds.
Overruling an objection from Price, DeBoer allowed the doorbell videos to be admitted as evidence, though all parties agreed later that the video would remain sealed. Ryan told the court that one video was 16 seconds, another was 17 seconds and the third was six minutes.
Porter County Sheriff’s Detective Lt. Brian Dziedzinski testified that the first video starts after Jennifer Wilson and Dakota are already on the ground. The videos included three juveniles, two of whom are included in the no-contact order.
Price argued that the two children in the no-contact order were allowed to remain in the home with Jennifer Wilson until the order was issued at the end of July.
Robert Wilson, principal at Lake Ridge New Tech Middle School, and S.P., the couple’s daughter, both testified about the impact that being separated from their mother has had on the adopted children, including exacerbating many of the challenges the children already faced.
Robert Wilson said the boys are in counseling while S.P. and Robert Wilson try to maintain a schedule of school, extracurricular activities and therapy for the boys. The separation has been particularly difficult, family members said, for the middle son who had a special bond with his mother.
While one of the boys is not included in the order, Robert Wilson said the family keeps him separated from Jennifer Wilson as well.
“We don’t want to jeopardize or break any rules. We’ve always been rule followers,” he said.
Jennifer Wilson missed one of the boy’s first football games, her husband said, as well as the boy’s birthday.
“His birthday was the 18th and most of the day was consoling him,” Robert Wilson said through tears.
The boys’ demeanor has changed and they are depressed, angry and internalizing their feelings since they were separated from their mother, Robert Wilson said.
Ryan asked whether the boys were acting out because their mom wasn’t there or “rather, that they watched their brother die.”
Price objected; DeBoer let the question stand.
‘It retraumatized them,” Robert Wilson said. “I’m talking about abandonment and the loss of people, the general loss.”
Robert Wilson and S.P. both said they don’t have any concerns about the boys being with Jennifer Wilson.
“I wouldn’t be here if I had concerns, and I would go as far as to say many professionals don’t have safety concerns,” he said, noting the Department of Child Services and the family’s therapists.
DeBoer made her ruling after viewing the doorbell camera videos and other evidence presented during the hearing.
“I’m going to deny the motion to modify at this point. I’m going to leave it at that right now,” DeBoer said.
Jennifer Wilson’s next court hearing is at 10 a.m. on Sept. 24.
alavalley@chicagotribune.com
