Another top medical expert has concluded that there was no child abuse when little Nathan Nowatney, 1, fell off a sofa and broke his arm last September.
"Based on reasonable medical and biomechanical certainty, Nathan Nowatney's proximal left radius fracture more likely than not occurred accidentally during the fall from the sofa, as described by his father," said Dr. Thomas M. McNish, principal consultant at the Biodynamic Research Corp. in San Antonio.
Dr. McNish was formerly Command Surgeon, Office of Air Force Reserve, at the Pentagon.
Last October, the head of the Child Protection Team for the State Dept. of Children & Families (DCF) concluded that 3-year-old Natalie Nowatney's broken arm, which occurred in December 1998, was probably accidental. She was home alone with her mother when the accident occurred. Nathan was home alone with his father when he broke his arm.
The fact that both of Nick and Carrie Nowatney's children suffered broken arms within a year was the trigger that prompted the DCF to take both children away from the parents last September. Judge Sandra Taylor approved the DCF's action— even though Nathan was still breastfeeding.
Dr. McNish concluded: "The attempt to associate the accidental forearm fractures of Nathan's older sister (which occurred several months previously and while under the care of an entirely different member of the parenting team) with Nathan's injuries to postulate some pattern of abuse, fails the tests of reason and credibility.
"Based on my experience as a family practitioner, a flight surgeon and hospital commander, the initial appropriate concern for the possibility of child abuse . . . quickly gave way to an overly aggressive effort to prove the suspicions true, without attending to the lack of supporting evidence," Dr. McNish wrote in his report.
Dr. Harry Smith, a respected radiologist and nuclear medicine physician, has also ruled out child abuse.
"While forearm fractures are not unusual in children," he said, "they are unusual in child abuse cases." Both of the Nowatney children suffered forearm fractures consistent with falls— common childhood accidents.
"Fracture locations that would raise suspicions for child abuse would be the rips, spine, collarbone and bones in the shoulder," he said.
And since neither child showed fractures in any of the "classical" locations, "the probability of child abuse . . . is low to a degree of radiological certainty," Dr. Smith concluded.
Because Nick is a medic with an Army Special Forces unit based at the Key West Naval Air Station (NASKW), both the Army and the Navy conducted separate, independent investigations into the child abuse allegations. Conclusion: No child abuse or neglect found. Both investigations have been closed.
Full body x-rays of both children revealed no evidence of child abuse.
Both parents voluntarily sat for polygraph examinations. No deception shown. Innocence indicated.
"None of the doctors who treated Natalie or Nathan saw anything that looked like child abuse," said Carrie Nowatney.
But State Attorney Kirk Zuelch is continuing to try to prosecute the Nowatneys on child abuse charges. The trial is scheduled to start March 27.
"They have told us from the beginning that all we have to do to get the charges dropped and get our kids back with us here in Key West is to admit some guilt at some level— and allow the state to `supervise' our family," said Nick Nowatney. "But we can't do that. We're not guilty."
For the first five months after the DCF took the kids on Sept. 3, they were shuttled between three different foster homes up and down the Keys.
But last month, Judge Mark Jones allowed the children to travel to Emden, Illinois, to live with her sister until the trial is over. Carrie is living with her parents in Emden. Nick is on duty as NASKW.
Two weeks ago, Judge Jones suggested that he might allow the children to return home here in Key West with military supervision. But Assistant State Attorney Janine Gedman opposed that. She said she wants state supervision. Then she went on vacation.
A hearing is scheduled for Monday. But the Nowatneys oppose any involvement by the state.
"State supervision is a sentence imposed on people who have been found guilty of child abuse," he said. "That's not us."
Stay tuned.
NOTE: The Nowatneys are determined to continue the fight to get their children back. But while State Attorney Zuelch has access to unlimited taxpayer dollars to try to build a case, the Nowatneys are being financially exhausted.
To help, a legal defense fund has been set up. It's called the "Mama, Am I Still In Foster Care?" fund— because that's what little Natalie asked her mother every time she saw her during the five months she and Nathan were forced to live with strangers.
Send checks % Key West The Newspaper, PO Box 567, Key West FL 33041. Questions? Call Dennis Reeves Cooper, 292-2108.