Belated Action
Relatives of neglected D.C. girls go to court -- months after their deaths.

Saturday, April 12, 2008

THE FATHER of one of the slain daughters of Banita Jacks is seeking $25 million in damages from the District. Attorneys for other relatives of the four girls are exploring similar claims of negligence. There is no question that the city failed in its duty to protect these precious lives, but there is something unsettling in these demands. We can't help thinking: If only these family members had shown more interest in these girls when it might have made a difference.

The bodies of Brittany, 16, Tatianna, 11, N'Kiah, 6, and Aja, 5, were found in a Southeast rowhouse in January. They had been dead for months, and it was obvious that no one had seen any of them for a long time. The mother was charged with murder; it also turned out that city welfare workers had received warnings of the family's troubles but failed to respond adequately. Mayor Adrian M. Fenty (D) acknowledged that the city badly mishandled the case, and his admissions form the basis of a lawsuit filed this week by Brittany's father, Norman C. Penn Jr. Mr. Penn's claim is based on, among other things, "the financial loss, mental anguish, emotional pain and suffering, loss of society," caused by his daughter's death. No matter that his attorney really can't say how much of a presence he was in his daughter's life. Paternity wasn't established until Brittany was 10; child support was spotty, and eventually all contact was lost. Mr. Penn is said not to have known how to find his daughter; apparently the idea of hiring a lawyer occurred to him only after her body was found.

In meeting with lawyers for other relatives considering claims, interim Attorney General Peter J. Nickles posed some questions that bear repeating: What kind of effort did Banita Jacks's relatives make to contact her or see the children? How could months go by and relatives not be worried? Shouldn't they have done more? Alerted authorities?

By no means do the shortcomings of others absolve the District of its obligations. Surely though, family members must own up to some responsibility, and in seeking to hold the city accountable, they should take care not to turn a tragedy into an opportunity, particularly for any lawyer hoping for a fat contingency fee.