Key West The Newspaper - April 21, 2000

UPDATE: THE NOWATNEY CASE

The Witness That the DCF Doesn't Want To Testify

STATE-SELECTED PSYCHOLOGIST LISTED AS WITNESS FOR DEFENSE. NOW STATE SAYS SHE SHOULD NOT TESTIFY. TRIAL RESUMES APRIL 27

by Dennis Reeves Cooper

When the State Dept. of Children & Families (DCF) first accused Nick and Carrie Nowatney of child abuse last September, one of the first things DCF officials wanted them to do was undergo a psychological evaluation. So they went to a qualified psychologist who would accept their military insurance coverage.

Nick is a medic with an elite Special Forces unit assigned to the Naval Air Station here. He, Carrie and their two children— Natalie, 3, and Nathan, 1— live in military housing on the base.

The evaluation turned out to be favorable, so the DCF demanded that they do it again— this time with a psychologist on the state's approved list. That psychologist was Dr. Tanju Mishara.

She met with the Nowatneys in three sessions last month. Originally she was supposed to be a witness for the prosecution. But when her report also turned out to be favorable to the Nowatneys, Assistant State Prosecutor Janine Gedmin decided not to call her.

So the defense called her as a witness last Friday afternoon— forcing Gedmin to try to prevent Mishara from testifying after being originally recommended by the state as an expert.

A judicial ruling is pending as to whether or not she will be allowed to testify.

Here are a few excerpts from Mishara's 13-page report:

• "On the basis of the test results and both the psychosocial information gathered during this evaluation, allegations of child abuse could not be documented."

• The Nowatneys present "a picture of strong parental commitment and attachment between the parents and children."

• "Carrie and Nick Nowatney did not seem to exhibit characteristics associated with child abuse, such as substance abuse, highly stressful lifestyle, unstable chaotic family structure, frequent crises, isolation and no social supports."

• "This has been a very painful time for the Nowatney family. The allegations of child abuse disrupted little Nathan's breast-feeding relationship with his mother, terminating the infantile phase of his bonding with his mother abruptly with total deprivation of her presence in his life."

• "This examiner sees no reason to delay returning the children back to the care of their parents."

DCF officials charged the Nowatneys with child abuse last September when they learned that both children had suffered broken arms within a year. They removed the children from the parents' home. And when Nowatneys refused to plead guilty to abuse or neglect, kept the kids in foster homes for five months.

"We were desperate to get our kids back, but we hadn't done anything wrong," Nick said. "The kids' injuries were accidental. We couldn't plead guilty."

The trial resumes next Friday, April 27.

"We want to call as witnesses some of our neighbors and others who see our children often," said Carrie, "people who know our children haven't been abused."