Social worker never saw Raffy's abuse

EPHRATA — One of the first child custody cases Murray Twelves ever handled was monitoring little Rafael "Raffy" Gomez, a foster child who doctors claim died of abuse.

Twelves, a Moses Lake-based employee of the state Department of Social and Health Services, testified Wednesday in the homicide-by-abuse case of Raffy's biological mother, 32-year-old Maribel Gomez of Ephrata.

Gomez, an illegal immigrant from Mexico, is charged with homicide by abuse and first-degree manslaughter, following Raffy's September 2003 death by blunt-force injury to the head. He was 2 years old.

"From what I saw, (Gomez) treated (Raffy) well and appropriately," Twelves told defense lawyer Bobby Moser during questioning.

Moser asked if Gomez treated Raffy differently than her other children.

"I didn't see any favoritism, either for or against," Twelves answered.

Grant County Deputy Prosecutor Steve Scott said Twelves acted as Gomez's advocate and ally, not Raffy's. Scott said Twelves was biased, in favor of Gomez, and closer to her than any other client.

"You just believed whatever the defendant told you," Scott said to Twelves.

"We had a good mutual respect," Twelves said. "I wished this family well."

Scott accused the social worker of describing Gomez as a great mom, always doing what's best for her children, to benefit himself.

If Gomez is acquitted, Scott said, then Twelves would feel vindicated and Raffy's death would no longer tarnish his professional record.

A child fatality review, completed by a team of 13 experts who spent six months investigating Raffy's death, was released by DSHS in 2004. The report placed much of the blame on Twelves.

The experts concluded social workers ignored evidence of abuse and acted with bias in favor of Gomez. Social workers kept pushing for reunification with Gomez when the risks were numerous, the report concluded.

Twelves no longer works child custody cases, after one year in the position. He was reassigned after Raffy's death. Twelves is currently employed as an intake worker for the agency, handling calls alleging abuse or neglect.

Grant County Superior Court Judge John Antosz is overseeing the non-jury trial. Gomez, who has five other children in foster care, faces up to 26 years in prison if Antosz finds her guilty of homicide by abuse.

Twelves monitored Raffy during the boy's final year, when he suffered four skull fractures, two broken legs, severe injuries to both shoulders, burns, numerous bruises and abrasions.

After Raffy received his first broken leg while in Gomez's care in September 2002, he was sent back to his foster parents in Royal City, where he lived, injury free, for the first 11 months of his life.

But Raffy was sent back to Gomez days later, until December 2002, when Raffy suffered a broken femur and was placed in a body cast. Raffy went to his foster parents, again, but was returned to Gomez in March 2003.

Raffy died less than six months later in Gomez's care.

Twelves visited the home about twice a month during his year as Raffy's monitor, starting in September 2002. He said Gomez kept the home clean and orderly, even though it was a busy place with people coming and going constantly.

"(Gomez) seemed to be able to juggle the needs of all the children around her without giving it much thought," Twelves said. "The mother made a point of making good, home-cooked meals. Her children were all very well behaved."

There were no signs any of the children feared Gomez, he said. Gomez openly answered his questions, he said, during his visits to the home.

"The communication was open," Twelves said. "They seemed comfortable with my being there."

Raffy's father, Jose Arechiga of Ephrata, was a very nurturing parent, Twelves told the court.

Twelves told the court he never saw the burns or the bruises Raffy suffered while in Gomez's care. He never looked, he said.

From March to September 2003, Twelves said he and Gomez frequently discussed what Gomez claimed were Raffy's abnormal behaviors.

"It was a subject of conversations most times when we talked," Twelves said.

Moser contends Raffy didn't die of abuse, but as a result of a minor fall. Raffy became increasingly fragile, Moser claims, after suffering numerous head injuries. Raffy inflicted injuries on himself as an accident-prone child and exhibited self-mutilating behaviors.

Twelves said he never saw the abnormal behaviors described by Gomez.

Following Wednesday's testimony from Twelves, Grant County Prosecutor John Knodell said they planned to call their final witnesses in the case today. He said they are discussing resting their case.

Arechiga is scheduled to testify today.