Jury selected in Toddler's death
August 28, 1997
Rockford---Jury selection for the trial of a man accused of beating his girlfriend's toddler to death was completed Wednesday. Since Monday, prosecutors and public defenders agreed on 12 jurors and four alternates to decide if Richard Lee Howard, 42, is guilty of first-degree murder in the death of 22 month old Carrie Lynn Gaines. Testimony is scheduled to begin Tuesday.

In a column written by Judy Emerson she writes:
'We just need some justice' for Carrie Lynn
In the heart of Sunset Memorial Gardens is Baby-land, a place of small plots and close-set graves; where people bring stuffed animals, plastic-wrapped cupcakes, flowers, tears and memories.
Here in Babyland, Carrie Lynn Gaines rests, at last, at the end of one row beneath a flat heart shaped bronze marker bearing her name and the years of her birth and death---1988 and 1990.
On Thursday morning, a tall woman with long blonde hair comes to the grave and drops to her knees, still for a moment. She leans forward to pluck two wilted yellow and pink carnations and some baby's breath from the urn attached to the nameplate.
She brushes grass clippings away from the marker, then puts her fingers flat to her mouth and presses a kiss on the name. She is Sherri Gaines, Carrie Lynn's mother, one of two people in the world who knows for certain what happened to this 22 month old child. During the next two weeks, she will tell a jury of eight men and four women that her former boyfriend viciously punched and kicked this tiny girl in March 1990, causing injuries serious enough to kill her.
That man is Richard Lee Howard, 42, a 6-foot, 2-inch, 240-pound hulk whose trial for first degree murder begins in earnest Tuesday morning; Associate Judge Rosemary Collins will preside in Room 478 of the Winnebgago County Courthouse. Howard has pleaded not guilty to the charge.
According to court documents, his story of what happened is much different from Sherri's account. He told authorities the child died after a bathtub accident. Whichever story is true, the coroner's report says Carrie Lynn suffered for at least a day and maybe longer, before dying of multiple blunt trauma to her body. Howard put Carrie Lynn in a box and buried her behind a garage on Arthur Avenue. The couple told anyone who asked about Carrie Lynn that she was living with relatives in Wisconsin. Howard and Gaines lived together for five more years. Gaines told authorities she concealed her daughter's death because she feared what Howard would do to her and her other children.
In October of 1995, police received an anonymous tip and discovered Carrie Lynn's body in the makeshift grave on Arthur avenue. Howard was charged and jailed on $500,000 bond. Gaines has not been charged, and she is expected to testify for the prosecution.
Questions Asked during jury selection this week foreshadow elements of this trial. Potential jurors were asked if they would be less likely to believe a witness knowing that a person had abused drugs. Would evidence of domestic abuse sway them for or against the defendant, Howard? How much or how little faith had they in evidence that might be presented by psychologists? The prosecution is expected to present psychological testimony that Gaines remained silent because of "battered spouse syndrome. " The portrait that will emerge of the home in which Carrie Lynn lived won't be pretty or peaceful. Coroner Sue Fiduccia was relieved when, a year after Carrie Lynn's body was discovered, the child was buried in Babyland. But closure on the case hasn't come.
"She's at peace," Fiduccia said. "Now, we just need some justice for her."

Mom details fatal beating
Wednesday, Sept. 3, 1997
Murder trial: Sherri Gaines testifies that Richard Lee Howard kicked her daughter across the room.
Rockford---The mother of a toddler buried for five years before anyone reported her missing testified Tuesday that she lay on the floor in fear as her boyfriend fatally beat her daughter.
Sherri Gaines, 28, told a jury that Richard Lee Howard, 42, was drunk when he threw the 22-month old against the wall, grabbed her by the arm and kicked her in the chest and back five times, then kicked her across the room. Minutes before he turned his rage on the child, Howard had knocked Sherri, who was 3 and a half months pregnant, to the floor, the mother said.
"I did nothing," Gaines said. "I was scared to get back up. I was hurting." Tuesday was the first day of testimony in Howard's trial for first-degree murder. Last week was spent selecting a jury, which is made up of eight men and four women. Carrie Lynn Gaines is believed to have died in mid or late March 1990. Gaines led police to the child's body on Oct. 24, 1995, after an anonymous tip to CrimeStoppers started an investigation into the baby's whereabouts.
Gaines' voice was shaky at the beginning of her testimony. Most of the three hours the slender woman with long, blond hair was on the stand, she was subdued. Gaines descibed her daughter as "a chubby, blonde with big blue eyes." She cried only when she told of holding the child after she died and Howard left the house. "I stayed with her off and on," Gaines said of the 24 hours after the death. "She was cold. She didn't move anymore. She was real heavy. I wrapped her in a blanket."
Gaines said Howard told her it was too late to call the police. He got a stereo box, closed the bedroom door and then left with the box, she said. When she went back into the bedroom, Carrie was gone, Gaines said.
For several days, Gaines and Howard didn't talk about Carrie, she said. Then they decided to tell people the baby had an accident in the bathtub which left her retarded and they'd sent her to live with relatives in Wisconsin, Gaines testified.
Five years went by before she told her family and some friends about the death, Gaines said. She told them she was planning to go to the police after spending one more holiday season with her other daughter and a son by Howard. Gaines, who admits she concealed the death, has not been charged with a crime and testified she doesn't have an agreement guaranteeing her immunity from prosecution. Prosecutors are opposing her attempts to get custody of her two other children, now ages 8 and 5. Both are in foster care.
"I'm not afraid to go to jail any more," Gaines said. "This needs to be over. Twenty-two months ago (when police questioned her), I expected to go to jail, and I feel the same way now."
Public defenders David Doll and Gary Pumilia attacked Gaines' credibility. They questioned her daily use of marijuana at the time of Carrie's death, her lies about the child's whereabouts, her collecting welfare on Carrie for several months after the death and her admission she used cocaine beginning after the birth of her son in late 1990. "The evidence is Sherri is a fraud," Doll told jurors during opening statements. "Sherri is a liar. She is the only one in this courtroom who will tell you Richard Howard is a murderer."
Doll also challenged Gaines' statements that she feared Howard. The public defender said she stayed with him for five years after Carrie's death, bailed him out of jail when he got in trouble and left her son with him unsupervised. Gaines said she left Howard in March of 1995 after deciding to kick her cocaine habit. Forensic evidence cannot show conclusively whether Carrie died from a beating, drowning or some other cause, public defenders said. Forensic pathologist Lawrence Blum testified Carrie had five rib fractures and a broken thigh in various stages of healing, he said. In addition, she had three new fractured ribs and a broken collar bone. Blum said the injuries show a pattern called "battered child syndrome." The injuries are inconsistent with defense contentions the baby's ribs were broken by an amateur performing cardio-pulmonary resuscitation or death by drowning, Blum said.
On cross examination, Blum said the fresh fractures could have occured after death and the cause of death couldn't be determined based on the autopsy alone. Two witnesses who socialized with Howard and Gaines and said they saw either Carrie or Sherri with bruises while they lived with Howard. Candy 25, who lives with Gaines' brother said she often saw Gaines with black eyes, cut lips and bruises. Candy said she saw Howard strike Gaines and once throw an ashtray at her.
Assistant State's Attorney Mark Karner is arguing that Gaines didn't get help for her dying baby or leave Howard because she suffered from post traumatic stress resulting from repeated beatings by Howard. Gaines said Howard broke her eardrum, cut her eye lid and knocked out four of her teeth during an average of three beatings a week.

In an article written by Judy Emerson
Wednesday Sept 3, 1997
She says.......
Carrie's mom must be held accountable
Twenty eight year old Sherri Gaines testified Tuesday that the Winnebago County state's attorney's office has made her no promises in exchange for her testimony in the trial of the man accused of murdering her daughter in March of 1990. If that's the case and if her other testimony is true, she should be charged with concealing the death of her 22 month old daughter for more than five years and face whatever other charges are appropriate. In the opening day of Richard Lee Howard's trial in the death of Carrie Lynn Gaines, the child's mother told how she cowered on the floor while the 250 pound man struck and threw the 35 pound child against the wall. Gaines testified that Howard, who was wearing hiking boots at the time, repeatedly kicked Carrie Lynn in the stomach and back. The last kick, she said, sent the child flying four feet before she crashed, bleeding from the mouth and whimpering, on the floor. Carrie Lynn died at home two days later. At no time during those two days did Gaines seek medical help or call the police. She continued to live with Howard for five more years and concealed the death.
Sherri Gaines testified---and the defense has admitted----that Howard is a mean, vicious man. She said he beat her an average of three times a week. She testified that he also beat her daughters, Carrie and ********, hard enough to bruise them on numerous occasions. A forensic pathologist detailed numerous healed or healing fractures Carrie Lynn suffered during her short life, in addition to "fresh" fractures. Sherri says there were reasons she didn't call police or seek medical help for Carrie Lynn----fear of Howard, fear of jail, fear of losing custody of her other children.
The prosecution will try to explain her inaction on behalf of her children and her failure to report the death by introducing testimony about the behavior of battered women.
It is pitiful when a woman keeps going back into an abusive situation, but it's reprehensible when she puts her children in danger. Abused women I've spoken with over the years have told me they could suffer the personal abuse, but as soon as the violence was turned on their children, they got out of the situation. Few people are without choices, no matter how bleak certain situations may be. Gaines chose to continue living with a man who showed himself to be physically violent two weeks after they moved in together. That was four months before Carrie Lynn died. Gaines chose to use drugs and alcohol with Howard, before and after Carrie's death, which probably affected her judgment. She chose not to seek help for her helpless children. Some will say Sherri Gaines has suffered enough at the hands of Richard Howard. Some will say she has more than paid for her inaction on behalf of Carrie Lynn, and that she will have to live with her conscience for the rest of her life. I don't dispute those assertions, but they are inadequate reasons for not holding her accountable. Few parents need the threat of prosecution to make them protect their children from obvious harm. For those few, we have laws. It's too late for the legal system to save Carrie Lynn, but there are other children to think of, children who need the protection and concern this one mother did not give.

Howard guilty in child's murder
Friday, Sept. 5, 1997 written by Antionette Taylor-Thomas
Defendant said he tried to revive 22 month old Carrie Lynn Gaines
Despite tearfully claiming he tried to revive 22 month old Carrie Lynn Gaines by pounding on her tiny body, Richard Lee Howard heard a jury declare him guilty of first degree murder Thursday night. The jury of eight men and four women started deliberating the case about 3:30 p.m., after Howard testified for one and a half hours during the morning. The jury delivered the verdict three hours later. Howard, who wiped at his reddened eyes during his testimony, sat motionless as Associate Circuit Judge Rosemary Collins read the verdict. Gaines' supporters and relatives sighed in relief and whispered "Yes" with clenching hands. Winnebago County Assistant State's Attorney Mark Karner described the victory as "bittersweet."
"A 22 month old kid lost her life," Karner said. Howard, 42, could face 20 to 60 years in prison for beating Carrie to death and burying her body in a shallow grave in March 1990. The body remained hidden until police unearthed her remains Oct. 24, 1995, after receiving an anonymous tip. Howard is the former boyfriend of Carrie's mother, Sherri Gaines. Gaines, 28, has not been charged and testified during the trial that she was not given immunity.
Public Defender Dave Doll asked the judge to poll the jury. All 12 jurors affirmed their yes votes. Doll said he was disappointed with the verdict. "Essentially, this was a one witness case," Doll said, referring to Sherri Gaines. "I did believe in our case."
I do believe in our case."
Howard testified Thursday morning that he found Carrie face down in the bathtub and attempted to revive her by pushing and pounding on her back, chest and stomach. He said he did not have CPR training and used techniques he saw on television. "I was trying to get her to breathe, trying to save her life," said Howard, who took the stand on the third and final day of his first degree murder trial. Howard, clean shaven and wearing a dark blue suit, broke into tears as he related a story that differed starkly from the brutal beating Sherri Gaines described in her testimony. Howard said he and Gaines were at home talking to a former roommate while Carrie and her older sister were in the bathtub. He said they had gotten into trouble for splashing water on the floor and standing in the tub on different occasions. He said they heard water splashing and yelled at the children several times and checked on them at least once before finding Carrie submerged in water.
Pulled her from tub
Howard said he pulled Carrie out of the tub and placed her face down on the floor. He turned her head to the side, and Sherri held her arms up over her head. Howard said he pushed on Carrie's back to force water from her lungs, and she spit out a mouthful of water. He picked up Carrie and noticed she wasn't breathing, so he put her on the floor and tried pushing on her stomach, hitting her on the chest and breathing into her mouth. Howard said he worked on Carrie for about 30 minutes before she started breathing again. He said she was wrapped in a blanket or towel and taken into the couple's bedroom. "Something was wrong, but she was breathing on her own," he said. About 30 minutes later Howard said, Carrie had a seizure. He said her muscles tightened, her eyes stared upward and her jaws locked. He said he and Gaines pried Carrie's mouth open and stuck a comb inside. "I was afraid she'd bite her tongue off or swallow it," Howard explained. The seizure lasted at least two minutes and Carrie's muscles relaxed. He removed the comb, and the couple stayed with her throughout the night, during which her breathing was intermittent. The next day, Howard said Gaines told him she feared John Gaines, Carrie's father, would get custody of the girls if anyone found out what happened. "It was made very clear to me unless it's a have to situation that she did not want anyone involved or informed because she was still married to John Gaines and she didn't want him to have the girls." Howard said he left the house, and when he returned Carrie started spitting up a brown froth. He said he held her upside down and shook her to force fluids out. She had another seizure, defecated on herself and stopped breathing. Howard said he jerked Carrie up by her feet and started pounding on her back again. She never recovered. When defense attorney Gary Pumilia asked what Sherri was doing, Howard said, "Sherri was doing nothing..I told her shes got to get help as soon as she started spitting up." Howard said he made Gaines promise to stay together. He admitted that at some point during the day, Gaines said they should have called the police. He said he told her they should have called police earlier and it was too late. When asked why he didn't call a doctor, Howard said, "I have no good reason." Howard said, "He also said it was a joint decision to bury Carrie. Howard admitted, under cross examination by Karner, that he smoked marijuana daily and had a drinking problem in March 1990. He also admitted he abused Carrie and her sister for about a month after losing his job in December 1989.
Feared for children
Howard admitted he didn't call police because he feared being arrested and losing the children because Carrie had bruises on her legs from previous punishments. Also testifying Thursday was Gaines' mother, Janet who said she lied when she initially gave police a statement that more closely coincided with Howard's account of what happened. Janet originally told police Gaines came home from work and Howard told Gaines that Carrie had an accident in the bathtub. Janet also told police Howard tried CPR, and Carrie was black and blue all over. "I lied about that statement," said Janet, whose eyes filled with tears. "That is what I told her (the police officer) but that is not true." Janet said she feared being charged because she knew about the beating and did nothing about it. Howard's former girlfriend, Meredith McClure, testified that once she went ino Gaines' room and saw Carrie with a puffy eye and blood around her mouth. McClure and her four children were living with Howard and Gaines in the Searles Avenue residence where Carrie was beaten. McClure said she was told Carrie got into a fight. "I told her (Gaines) if she wanted to take her to a doctor or hospital, I would take her," McClure said. "It was up to her." McClure said Gaines did not ask her to take Carrie to the hospital.

Father of slain girl faces jail sentence
Carrie Lynn's father: While his daughter's murderer was convicted Johnny Ray Gaines faced a sentencing hearing
Rockford---While the man accused of killing a toddler was on trial in one courtroom Thursday, the baby's father was in another facing 30 years in prison for sexually assaulting a child. Johnny Ray Gaines,36, of Rockford has admitted having sex with a 12 year old girl at least 30 times over a six month period. Gaines is the father of 22 month old Carrie Lynn Gaines, whose skeletal remains were found in a shallow grave in 1995. During Gaines' sentencing hearing in Room 316 Thursday afternoon, prosecutor Mark Karner was in Room 478 winding up his closing statements to the jury that decided Richard Lee Howard is guilty of murder in Carrie's death. Gaines pleaded guilty to a count of predatory sexual assault in July. In return for the guilty plea, prosecutors dropped four other sexual offenses involving three children. The sentencing range for predatory sexual assault is between six and 30 years. But Assistant Winnebago County State's Attorney Ann Switzer asked Circuit Judge K. Craig Peterson to sentence Gaines to more than 30 years because of what she called aggravating circumstances. The victim, now 13 and her mother were both in the courtroom and began crying as Gaines, in a Winnebago County Jail jumpsuit was led in. He didn't look at them. The slight girl sobbed on a friends shoulder as her mother testified about her daughters disability, and Switzer argued for an extended sentence. In a written statement to the court, the victim said she is afraid to be alone and doesn't understand what is happening in her life. "I feel like I don't have a future," Switzer read. "I don't even exist. Sex is gross and sick. I never want to have it. It hurts." Defense attorney Patrick Braun asked the judge to sentence Gaines to the minimum of six years because he has no prior record and has admitted guilt. He also said Gaines wants to be rehabilitated, get substance abuse counseling and get an education. "He isn't giving up on himself," Braun said. "He is looking to the future."

'Explanations' of a child's brutal slaying
When little Carrie Lynn Gaines' body was unearthed in a shallow grave in October 1995, it already was too late to charge the man accused of killing her or the child's mother with concealing the 22 month old girl's death. Winnebago County State's Attorney Paul Logli took exception to my statement Wednesday that Sherri Gaines should face appropriate charges in connection with her daughter's death, including concealment of a homicide. She has not been charged with anything, and it's unlikely that she will be. The bizarre truth is that the statute of limitations in effect at the time Carrie Lynn's body was found required charges for concealing a homicide to be filed within three years of the day the crime was committed. The toddler died in March 1990, five years before police discovered her body. Because of this case, Logli said, Illinois law has been changed. Under a new law effective Jan. 1, 1996,there is no statute of limitations on concealment. Also, Logli said, by the time Carrie Lynn's death became known, the time period had long passed in which he could have filed charges related to Gaines' failure to protect her child or seek medical help that coould have saved her life. The only thing Gaines could be charged with now is murder, Logli said, and he doesn't anticipate doing that. As neglectful and immoral as Gaines' actions were she's probably not guilty of murder.
Richard Lee Howard,
Gaines' former boyfriend, was found guilty Thursday night of first degree murder in the child's death. He was accused of coming home in a drunken rage and brutally kicking the child in the stomach and back, causing fatal injuries. Whatever the outcome, many people will feel there are loose ends to Carrie Lynn's tragedy. There were numerous adults, including grandparents, who could have tried to protect this child, but didn't. These people will have to answer to their consciences or, possibly, give an account in the great beyond, but they won't be hauled into court for their inaction. Laws simply don't cover the many flavors of human stupidity, cruelty and immorality evidenced by the people who were supposed to be watching over Carrie Lynn.
I Feel Somewhat sorry for Gaines because she's had a lousy life. The prosecution presented compelling testimony from an expert witness who said Gaines displays characteristics of "battered spouse syndrome," brought on by her upbringing in a violent, drug affected home and her own abusive relationships in adulthood. The expert testified that the syndrome explains why Gaines neglected her daughter's welfare and stayed with Howard for five years after Carrie Lynn died. The passivity of abused women is well documented and generally accepted, but most people buy it only up to the point of where that passivity endangers other people, particularly children. I'm at that point. Assistant State's Attorney Mark Karner seemed to recognize that some jurors might be at that point, too. In his closing argument, he told the jury: "There are no excuses for Sherri Gaines. There are only explanations." Understanding more about why Carrie Lynn was doomed doesn't make this case any easier to take.

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