Foster mom suspected Gomez of abuse

EPHRATA — Rafael "Raffy" Gomez's foster mom blamed Maribel Gomez for abusing the boy, photographed his injuries for proof and attempted to block reunification with his birth mother.

Denise Griffith, 42, the foster mom from Royal City who cared for Raffy during most of his 2-year life, testified Tuesday during Gomez's non-jury trial.

"(Raffy) just fit in like one of the family," Griffith told Grant County Deputy Prosecutor Steve Scott during questioning. "Raffy thought he was ours."

The Ephrata birth mother, Gomez, a 32-year-old illegal immigrant from Mexico, is charged with homicide by abuse and first-degree manslaughter stemming from Raffy's September 2003 death. She's pleaded innocent to the charges in Grant County Superior Court and her trial started Feb. 12.

Grant County Superior Court Judge John Antosz is responsible for making the final decision of Gomez's innocence or guilt.

Raffy spent the first 11 months of his life with Griffith, after he was born with drugs in his system. Raffy then bounced back and forth between Griffith and Gomez, during the last 14 months.

Griffith told the court she kept track of the time Raffy lived with her, saying he was never taken to a hospital or medical facility for injuries suffered during stints in her care.

She described Raffy as a normal, healthy and happy child.

Defense lawyer Bobby Moser, Moses Lake, claimed earlier in the trial that Raffy exhibited abnormal behaviors. Moser said Raffy banged his head a lot, was accident prone and self-mutilating.

Griffith said Raffy bumped his head at church one time and got a small cut. But the fall in church was a result of Raffy's having to learn to walk again, following a broken leg he suffered in Gomez's care.

She took pictures of Raffy's injuries after he was hospitalized in December 2002 with a broken femur, skull fracture, bruises and burns. He was returned to Griffith in a body cast, because of the femur injury.

She pointed Antosz to a picture she took of Raffy's left hand.

"There were six circular burns, they look like they may have been done by a cigarette," Griffith said. "I wanted to document what I felt was abuse."

Moser, during cross examination, asked why Griffith kept documents detailing Raffy's extensive medical history. Moser said Griffith was told to turn over the documents by state officials.

"I think it shows bias in what (Griffith) is willing to do over the instructions of the (state Department of Social and Health Services," Moser said.

"I kept copies of what I thought was pertinent to abuse," Griffith said.

The foster mother also took photos of an injury-free Raffy before returning him to Gomez, to prove he'd suffered no harm in her care.

Moser asked Griffith if she ever tried to communicate with Gomez, when the mother had Raffy, by placing letters in the diaper bag or sending mail.

"Absolutely not," Griffith said.

The defense lawyer, further trying to discredit Griffith, asked if she'd park outside Gomez's home or drive by and shout.

"I didn't even know where she lived," Griffith said.

She admitted to taking steps to prevent Raffy from going back to Gomez, including seeking help from state Sen. Alex Deccio, R-Yakima.

Raffy did go back, at the urging of social workers, to Gomez in March 2003. He died less than six months later of blunt-force trauma to the head.

Griffith was one of the final prosecution witnesses.

Following Tuesday's proceeding, Grant County Prosecutor John Knodell said they'd be discussing whether or not to rest their case today.

Gomez faces from 20 to 26 years in prison if found guilty of homicide by abuse. The manslaughter charge carries a sentence of eight years, Knodell said.