Howard's murder trial
for killing Carrie Lynn Gaines

Carrie Lynn Gaines was brutally beaten by Richard Lee Howard

6 jurors picked for Howard's murder trial
July 26, 1997
Rockford---Six jurors were chosen Monday for the trial of a Rockford man accused of beating to death his girlfriend's toddler. Testimony in the trial of Richard Lee Howard, 42, for first degree murder likely won't begin for another week, said Mark Karner, assistant state's attorney.
Associate Circuit Judge Rosemary Collins set aside the rest of this week for jury selection in the case, which has recieved considerable local publicity since the discovery of Carrie Lynn Gaines' body Oct. 24, 1995.
The 22-month old child had been buried for five years. Six more jurors and three or four alternates remain to be seated. Assistant Public Defender David Doll said usuallly only two alternates are needed, but "given the amount of time and the extinsive problems with publicity in this case, we are going to pick a couple of extras." Doll estimated testimony could take one or two weeks.
Prosecutors say Howard beat Carrie Lynn Gaines to death in March 1990, then buried her body in a friend's back yard.
Public Defender Gary Pumilia said the defense will attack the credibility of the prosecution's main witness, the baby's mother, Sherri Gaines, who remained silent about the death for five years.

----· Approximately 70% of the men who abuse their female partners also abuse their children
(Wilson, 1997).------

Jury told family was extremely messed up
August 4, 1997 By Antionett Taylor-Thomas
* Psychiatrist testifies: Sherri Gaines' dysfunctional' childhood and abusive boyfriend made her fearful and passive.
Rockford---A psychiatrist testified Wednesday that Carrie Lynn Gaines' mother grew up in "one of the most dysfunctional families" she has encountered in her 20-year career.
(Great Aunt Donna to Carrie says)
In my opinion....we the family had our problems, BUT, I would not say we were totally dysfunctional. We as children never knew violence. So of course, mom never taught us how to cope with it ! We just happened to marry into violence! ...We grew up in the "flower child" hippy freak" days !!!! Bell bottom pants!!! Mom never knew violence, so how could she teach us kids, against violence, and how to deal with violence??? I had wonderful parents, and I love them dearly!!!! They just didn't have the experience, or knowledge to teach us about violence and drugs, and abusive men, (and or women) !!!! I grew up with loving parents, although divorced...I never knew violence! ..., until I married an abusive man...from there it continued on. My biggest question..that still remains unanswered...is if there is no violence in your childhood, how come you end up in a relationship with a violent abuser? There were 4 girls in my family, and all 4 of us ended up with abusive husbands! WHY???? Out of the 4, only one has gotten out of the abusive relationship, 2 are still unsure, and one still in the abusive relationship!
(Now back to the story)!
Anna Wilson, a domestic violence expert and an assistant professor at North Carolina State's School of Education and Psychology, also said the mother, Sherri Gaines, was suffering from "battered spouse syndrome" when her 22-month old daughter was beaten to death in 1990. Richard Lee Howard, 42, Gaines' former boyfriend, is accused of beating Carrie Lynn Gaines to death and burying her body in a shallow grave in March 1990. Police unearthed her body Oct. 24, 1995, after receiving an anonymous tip.
Prosecutors called Wilson as a witness in an attempt to explain why Gaines failed to seek medical attention for her child, never called police and continued to live with Howard after the child's death.

· Women who leave their abusive partners are at a 75% greater risk of being killed than
those who stay (National Coalition Against Domestic Violence, 1993).

· Reports by battered mothers indicate that 87% of children witness the abuse
(National Coalition Against Domestic Violence Fact Sheet, 1993).

Mom's childhood crippled reaction to death
"Sherri Gaines family is extremely dysfunctional," said Wilson, who interviewed Gaines and family members. She said Gaines' parents smoked marijuana and drank alcohol in front of their children, and that her father abused his wife and the children.
Wilson said the family lived in tents and basements, and Gaines' parents expected to live off welfare. She said Gaines, 28 grew up believing using alcohol and marijuana was normal in a family.
Wilson explained how victims of battered spouse syndrome exhibit characteristics such as passivity, resignation, loss of hope and minimum coping skills. She said Gaines duplicated her parents' relationship and the environment she grew up in when she married John Gaines, Carrie's father, and again in her relationship with Howard.
"She was battered in past relationships, which increases passivity," Wilson said. "Battered spouse syndrome for Sherri was already functioning by the time she met Rick as a result of relationships with Johnny Gaines and growing up in a dysfunctional family."
Winnebago County Public Defender Gary Pumilia challenged the contention Gaines was too passive to leave an undesirable situation. He pointed out that she had left Howard and returned to him after other incidents of abuse.
"We know she knew how to get up and leave because she did it to her parents," Pumilia said. "She did it to John Gaines, and she did it to Rick Howard."

( My opinion) Rick was worse than anyone she was ever with.....threats, demands, etc....and more violence than she ever knew!

Sherri Gaines brother Jerry, 27 also testified Wednesday. He said he used marijuana, LSD, cocaine and alcohol while living with his sister and Howard on Searles avenue. The toddler died while the family lived in that house. Jerry admitted he knew one and a half years after Carrie disappeared that she was dead, but his sister didn't tell him Howard beat the child to death.
Two family friends--- Cheryce Mercaitis, 27, and Jamerson Mayer, 17----testified they noticed bruises or marks on Carrie and her mother, but neither saw Howard hit them. Mayer and his mother lived with Gaines and Howard during spring 1990.
Mayer said Howard once asked him if he wanted to see Carrie cry......."When she got within two to three feet of him, she started crying, and went back to her mother," said Mayer, who was 9 years old at the time.
Mercaitis recalled an incident in 1990 when she said Howard poked Carrie's older sister with a cue while he was playing bumper pool. Mercaitis, suspicious that Gaines was collecting welfare for Carrie who had not been seen, has said she alerted the state, but social service officials found no record of the complaint.

Previous testimony
**Sherri Gaines said she cowered in fear as Richard Lee Howard threw her 22-month old daughter against a wall, grabbed her by the arm and kicked her in the chest and back five times, then kicked her across the room.**

**The couple decided to tell people the child had an accident and told anyone who asked that the toddler was staying with relatives in Wisconsin.**

*****A forensic pathologist said some of Carrie's injuries could have occurred after death.******

**Public Defenders representing Howard said forensic evidence cannot show conclusively how Carrie died.**

What's next
*The first-degree murder trial of Richard Lee Howard continues at 9 a.m. today in courtroom 478 of the Winnebago County Courthouse.*

*In an unrelated case, the father of Carrie Lynn Gaines is in jail awaiting sentencing for sexually assaulting a 12 year old child. Johnny Ray Gaines, 36, was arrested in March.*

Trial begins in 1990 death of young girl
Aug. 24, 1997 written by Antionette Taylor-Thomas
Rockford---Carrie Lynn Gaines' accused killer finally goes on trial this week. Nearly two years after the 22-month old's body was unearthed from a shallow grave, the man charged with beating her and concealing her death is about to face a jury.
The first-degree murder case is scheduled to begin Monday in 17th Circuit Court with juror selection. Richard Lee Howard is accused of battering his former girlfriend's daughter in March 1990 and burying her body behind a garage on the city's northwest side. In more than five years that followed, Howard and Carrie's mother, Sherri Gaines, told friends and anyone who asked that the child was living with relatives in Wisconsin. The truth finally emerged the night of Oct. 24, 1995. Tipped off by an anonymous letter, police found the toddler's remains wrapped in a blanket and buried in a back yard in the 1300 block of Arthur Avenue. While news of Carrie's death itself was shocking, it was even more troubling because the girl's disappearance had gone unnoticed so long. "This is certainly a very emotional case,and it's going to ge a difficult one for the community," said Winnebago County State's Attorney Paul Logli. "We are hopeful we have sufficient evidence to achieve a conviction."
From the tragedy sprung hope and compassion. A fund was established to provide a proper burial. A center for helping child-abuse victims was established and named in Carrie's memory.
Among the first
The Carrie Lynn Children's Center, 826 N. Main St., will be the first facility in Illinois and among the first in the nation to co-ordinate social service and law enforcement agencies' responses to abuse reports in one plan. Supporters hope the center, which is scheduled to open in November, can help prevent similar tragedies. Howard, 42, faces at least 20 years in prison if convicted of beating Carrie to death. Gaines,28, is the prosecution's key witness against her ex-boyfriend and father of their son, ________.
Gaines has not been charged, and Logli said he does not anticipate any charges against her. "She is voluntarily testifying in this matter," he said.
Winnebago County Public Defender Gary Pumilia, whose office defends Howard, does not believe the case against him is clear-cut. "We couldn't be trying the case if we didn't think we could win," Pumilia said. "Its a complex case with complex issues."
Abusive history
Gaines told authorities her relationship with Howard from 1989 to March 1995 was marked by physical and mental abuse, court papers show. The prosecution is expected to have a University of Texas professor and expert on "battered spouse syndrome" explain how it affected Gaines.
Howard also has declined to talk publicly about circumstances surrounding Carrie's death, saying he has become a scapegoat. He has remained in the Winnebago County Jail since his arrest, unable to post $500,000 bond.
"The reason it was never reported is knowing how DCFS (state social services department) works," Howard said in telephone interview from jail with the Rockford Register Star nearly two years ago. "Sherri and I didn't want to lose our daughter and son who was on the way. I cannot tell you what happened. The truth will come out."
According to court documents, Howard and Gaines have sharply different accounts of what happened one night in March 1990 in a rental house in the 3100 block of Searles Avenue. Howard, Gaines and her two daughters, ******* and Carrie, lived in the house, which has since been torn down. Gaines has never spoken publicly about her daughter's death. She could not be reached for comment.
Final days
The following account of Carie's final days---taken from court papers---is based on what prosecutors say Gaines and Howard told police and a Winnebago County Coroner's report: Gaines said she was lying in bed with Carrie the night Howard came home from work in a rage. He yelled at Sherri, then four months prgnant with their son, and struck her in the head. She tried to stand up, but he knocked her to the floor. When Carrie awoke and started to cry, Howard slapped her in the head. Gaines said she tried to protect Carrie, but again was knocked to the floor and kicked in the head and stomach. Gaines alleges that Howard threw Carrie against the wall. He picked her up by one arm and kicked her in the stomach and arm. He kicked her again in the stomach, sending her into the air and crashing to the floor. Sherri went to help Carrie, who was bleeding from the mouth. Howard left their home and threatened to harm Sherri and their unborn child if she told anyone what happened. Carrie vomited blood that night and the next day, when she also started having convulsions. Howard attempted CPR, but was unsuccesful. A day after her death, Gaines wrapped the child in a blanket she made, and Howard placed Carrie in a box and left. He took the body to a friend's house on Arthur Avenue, where Howard had dug a hole in the back yard. Police say the friend never knew the child was buried on his property.
His story
In Howard's account, also taken from court documents presented by the prosecution, Howard said he was giving Carrie and her 3 year old sister a bath the night Carrie died. When he went to check on them, Howard said, he found Carrie face down in the water. He took her out of the tub and tried to revive her. The next day, Carrie began having convulsions. Rick said he shook Carrie to clear the water from her lungs.
He said he buried Carrie because he knew police would find bruises on her legs and buttocks. Court records said he admitted physically abusing Gaines and the girls in the past and on occasion spanked Carrie and her older sister hard enough that they bruised.
After those days in March 1990, Carrie simply disappeared. When anyone asked where she was, Gaines and Howard said she'd had an accident in the bathtub, leaving her mental retarded. For that reason, they explained, she was living with relatives in Wisconsin.
Gaines told authorities she never reported Carrie's death to police because she feared Howard and losing her other children, according to court records.
While many who knew Carrie and her family have recalled wondering where she really was, nothing came of their curiosity. One family friend---suspicious that Sherri was collecting welfare support for a baby who was nowhere in sight---said she alerted the state, but social service officials found no record of the complaint.
Carrie's father, Johnny Ray Gaines, said in 1995 that he tried to stay in touch with his estranged wife and two daughters, but once Howard was on the scene, all contact stopped. Johnny Gaines eventually had four children with a woman he began seeing after he and Sherri separated in 1989.
Up to 30 years
Now 36, he also is in jail, awaiting sentencing for sexually assaulting a 12 year old girl. Johnny faces six to 30 years in prison for predatory criminal sexual assault charge.
The state took custody of Sherri Gaines' children, ------ and -----, following Howard's arrest. Howard said in a previous interview the children were living with foster parents. Gaines has been living with her mother in Rockford.
Carrie Lynn Gaines was reburied in Sunset Memorial Gardens Cemetery on Oct. 28, 1996.

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