One of the most respected radiologists and nuclear medicine physicians in the world scoffs at the allegation that little Natalie and Nathan Nowatney were victims of child abuse.
"While forearm fractures are not unusual in children, they are unusual in child abuse cases,"Dr. Harry Smith said. Both of the Nowatney children suffered forearm fractures, consistent with falls— common childhood accidents.
"Fracture locations that would raise suspician for child abuse would be the ribs, 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 basied on the radiological and scintigraphic findings is low to a degree of radiological certainty," Dr. Smith concluded.
Dr. Smith, a Ph.D. and an M.D., is with the Biodynamic Research Corp. in San Antonio.
It has now been more than six months since officials from the State Dept. of Children & Family Services (DCF) came to the home of Nick and Carrie Nowatney at the Key West Naval Air Station (NASKW) and took away Nathan, 1, and Natalie, 3. Nathan was breast feeding. They took him anyway.
The charge: Suspected child abuse and neglect. Somebody had called the DCF after it was learned that both children had suffered broken arms within a year.
Although the state has yet to make a case against the Nowatneys, officials still refuse to return the children to the parents' home.
The Nowatneys argue that the broken bones were accidental. The doctors who treated the kids agree. So do Army and Navy investigators who conducted independent investigations.
Nick is a medic in an Army Special Forces unit assigned to NASKW.
The results of both military investigations were the same: No abuse or neglect found. Case 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.
But no matter. Over the next five months, the DCF shuttled the children between three different foster homes up and down the Keys. Last month, however, Judge Mark Jones allowed the children to travel to Carrie's hometown of Emden, Illinois, to live with her sister while the legal wrangling continues.
Carrie is staying in Emden until the trial, scheduled to begin on March 27.
"I can visit the kids during the day," Carrie said. "But I'm not allowed to sleep there. I have to stay at my parents' house."
Nick remains in Key West, on duty at NASKW.
"When our children were finally turned over to Carrie's sister," Nick said, "Nathan had a diaper rash so serious that it was being treated with a prescription medicine. Diaper rash is caused by neglect. And the state allowed that to happen.
"Last week, Judge Jones suggested that he might consider allowing our kids to move back in with us here in Key West, pending a final decision at the trial," Nick said, "with maybe some periodic visits by the military and members of our church.
"But the lawyer for the DCF opposes that. She is demanding that, in return for allowing our children to be returned to us, we agree to allow representatives of the state to come into our home any time, unannounced.
"Why would we agree to that?" Nick asked. "State supervision is a sentence imposed on people who have been found guilty in a courtroom or who have admitted guilt. That's not us.
"From the very beginning, they told us that if we would just admit some level of guilt, they would return our kids— and put them under state supervision," Nick said. "But we can't admit to something we didn't do."
Although a mountain of evidence seems to be building in support of the Nowatneys, State Attorney Kirk Zuelch seems determined to try to prosecute anyway— but he finds himself in the position of trying to show that both parents are child abusers.
When Nathan fell off a couch last September and broke his arm, he was at home alone with his father. Carrie was at a yoga class.
When Natalie broke her arm in December 1998, she was home alone with her mother. Nick was on duty in Kuwait.
As many as two dozen witnesses who know the Nowatneys— neighbors, relatives, fellow soldiers, members of the family church— are scheduled to testify that the Nowatneys are loving, caring parents. (Neither drink or smoke. Savings accounts have already been established for both children, someday to be used for college or church missions.)
The doctors who treated the children and military investigators are also expected to support the Nowatneys.
The state reportedly has some out-of-town experts who are expected to testify that the children's' injuries "could" have been the result of child abuse.
But the defense is also bringing in out-of-town experts— such as Dr. Smith— who are expected to counter the prosecution's witnesses.
But even one of the prosecution's top expert witness reportedly told the DCF back in October that Natalie's injury was probably accidental.
"Neither Nathan's emergency room physician nor the orthopedic surgeon who examined him at the time thought that this was child abuse," said Carrie Nowatney.
"This is what is so frustrating about this situation," Nick said. "The DCF knew months ago that they didn't have the evidence to back up child abuse charges, but they bulled ahead anyway. And they continue to bull ahead.
"They don't seem to be concerned in the least about truth, justice or the fact that our children are still separated from us months after they had enoungh evidence to return them to us and say, `We're sorry.'"
Stay tuned. The trial is scheduled to start March 27,
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.