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First Anniversary of Jonathan Carey's Death

February 15, 2008
By Paul Merill

     

  Lisa Carey holds up pictures of her son
  Jonathan on the one-year anniversary
  of his death. The images show the boy
  with a black eye and swollen nose. The
  boy's parents say they used the law
  named after their son to find records
  showing he was alone with Edwin Tirado
  shortly before these injuries appeared.
  (Barry Sanders)

 

 


Friday marks the one-year anniversary of the death of Jonathan Carey, the 13-year-old autistic boy from Delmar who died after being improperly restrained by an O.D Heck Developmental Center aide.

"Lisa and I know where our boy is," says Michael Carey, Jonathan's father. "We know where Jonathan is and we know he's fine and that gives us incredible peace."

Michael and Lisa Carey are marking the sad date by demanding better access to healthcare records in New York State.

They Careys were successful in getting lawmakers to pass Jonathan's Law last year.

The legislation opened up four year's worth of patient records to the parents of people receiving care for disabilities.

Governor Eliot Spitzer signed Jonathan's Law last September but an amendement to the bill shut off access to records at the end of the 2007 calendar year.

On Friday, Michael and Lisa Carey joined with lawmakers, former healthcare workers, and the families of other disabled people to insist that Governor Spitzer introduce a program bill to extend access to records for another year.

The Careys believe that all of the records should be available all of the time.

Michael Carey is also asking Spitzer to lower the bar on the standards of abuse in New York State.

"There's less protection for the disabled children and adults than for animals currently," Carey says.

The Careys provided FOX23 News with pictures that show Jonathan with a black eye and swollen nose.

Lisa explains, "After obtaining Jonathan's records under Jonathan's Law, we found out that the very same man who killed our son Jonathan was alone with Jonathan the morning these injuries occurred."

Former O.D. Heck aide Edwin Tirado is currently serving a five-to-fifteen year prison sentence for killing Jonathan.

Edward and Connie Hussey of Brewster, New York were able to use Jonathan's Law last year to get details about the care their 11-year-old autistic son Joey is receiving.

"My son is non-verbal," Edward explains. "He can't read or write. He has no way to communicate if someone's hurting him."

The Careys say many families had no idea that they had access late last year to health records belonging to their loved ones.

Michael and Lisa say the New York State Office of Mental Retardation and Developmental Disabilities failed to notify many families of the changes until weeks after the access period had ended.

The Careys tell us the last time they met with Governor Spitzer was when he signed Jonathan's Law in September of 2007; they haven't had any luck in their attempts to meet directly with him since then.

Governor Spitzer's office sent FOX23 News this statement: "The Governor has met with the Careys several times, and both he and OMRDD Commissioner [Diana Jones] Ritter share their goal of ensuring the safety of all clients in OMRDD facilities."

The Office of Mental Retardation and Developmental Disabilities did not respond to FOX23's request for a comment on Friday.

 

 

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