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Reason
Reason
Politics
Eugene Volokh

Grandmother of Dead Child May Post Child Protection Services Documents That Are Confidential Under State Law,

From Schrader v. Sunday, decided today by Judge Jennifer P. Wilson (M.D. Pa.):

This is an action seeking injunctive relief filed by Plaintiff Victoria Schrader … against David W. Sunday, Jr., the District Attorney of York County … and Josh Shapiro, the Attorney General of Pennsylvania …. According to the complaint, on December 20, 2018, the Commonwealth of Pennsylvania charged Tyree M. Bowie … with the murder of Dante Mullinix … a two-year old child. {The criminal case against Bowie remains pending ….}

Schrader is Dante's grandmother, who believes that the York County Office of Children and Youth Services … "failed to protect Dante and prevent his death." Similarly, Sarah Mercado …, Dante's aunt and Schrader's daughter, believes that York County CYS failed Dante and that Bowie is innocent of Dante's murder. {Mercado has two cases pending with the court seeking relief similar to that requested in the instant case ….} To advocate for these beliefs, Mercado maintains a Facebook group entitled "Justice for Dante" on which she posts her belief that Bowie is innocent, and that York County CYS was the party responsible for failing Dante, rather than Bowie.

During the course of discovery in his criminal case, Bowie received various documents concerning investigations into Dante's death, including documents from CYS. Before Dante's death, Mercado made a report to CYS expressing concern for Dante's wellbeing. Mercado's report, and the documents associated with the investigation stemming therefrom, were part of the documents available to Bowie in his ongoing criminal case. After Bowie received these documents, he sent them to Mercado, who posted them to the Justice for Dante Facebook page as additional evidence of CYS's alleged failings surrounding Dante's death.

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