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Case ID: 14489

Classification: Hoarding

Animal: cat, dog (non pit-bull), chicken

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100 animals seized from home, murder investigation
Palermo, NY (US)

Incident Date: Friday, Aug 29, 2008
County: Oswego

Disposition: Not Charged

Abuser names unreleased

Case Updates: 3 update(s) available

Troopers found more than 100 animals, from cats to dogs, an emu, pig, birds, snakes, and more, and right now, the investigation can't begin until they are all out of the house.

This all started Friday afternoon at this home on State Route 264 in Palermo. Authorities responded to a medical call shortly after 5 p.m. and found 11 year old Erin Maxwell. She was taken to Lee Memorial Hospital in Fulton, and was later airlifted to University Hospital in Syracuse where she was pronounced dead a short time after.

Police will not release much information right now, and we do not know the extent of Maxwell's injuries that killed her. All State Police are saying right now is they are investigating a homicide at the home.

The investigation is at a stand still right now because the home was full of animals. Troopers spent the day removing them in cages, wearing protective suits, and masks.

The Oswego County S.P.C.A. Was called in to help assist the troopers, and right now they need your help caring for all of the animals. They are asking for donations, food, cat litter, or temporary shelter because they are all volunteer, and donation based and need help. Click on "news links" for more information on how you can help, or call Hilary McIntyre at 342-3050.

Police say they will remain at the scene as long as it takes, but they still believe more animals are inside, and hiding. The investigation into the murder will be held off until all of the animals are out of the house.

Case Updates

When State Police were called to Erin Maxwell's home August 29th, they were appalled by what they found. They encountered an overpowering stench, more than a hundred cats and other animals, piles of garbage and excrement. Before they could investigate the homicide of the 11 year old girl, troopers called in the SPCA to clear out the animals.

Today the house outside the Village of Palermo is vacant. The Town has deemed it unfit to live in. Now that it's been cleared as a crime scene, a number of volunteers and workers from the SPCA have been in and out of the home and they've seen Erin Maxwell's bedroom.

No one was willing to talk to us on camera, but the witnesses to the inside of the house told me the door to the girl's bedroom was cut off at the top leaving a gap high enough for an adult to look in, but too high for a child to see out. The door had an exterior lock. In addition they told us the bedroom door was caged in by chicken wire with yet another lock on a gate.

The people who looked in the room told Action News it was neater than the rest of the house but said it was "more like a cage than a little girl's room."

State Police Lieutenant Troy Little said Tuesday he "can't confirm" the description "right now", but he's "not going to deny it."

There are still no arrests in the killing of Erin Maxwell. The girl's stepbrother is still considered a person of interest, but is not in police custody.

The SPCA says they've recovered 118 cats from the house and property along with a dog. Workers and volunteers expect to take the chickens to a farm animal sanctuary possibly this evening. The Maxwell family has given the SPCA access to their property.

Source: WSTM - Sept 16, 2008
Update posted on Sep 21, 2008 - 12:34PM

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The state is now investigating the Oswego County Department of Social Services and its handling of the death of 11-year-old Erin Maxwell.

State police are calling it a homicide.

Monday, the Oswego County Commissioner of Social Services admits they investigated the Palermo house after a call to the child abuse hotline, years before her death.

They say "Our agency was satisfied that the parents had taken reasonable and necessary steps to rectify the situation, and the case was closed in May of 2006."

The State Office of Children and Family Services oversees Social Services. They got involved Monday, and will look in to their response to this call.

Neighbors and friends who knew the Maxwells have said they didn't think Oswego County Social Services did enough to prevent the girl's death, especially after state police investigators found more than 100 cats and deplorable living conditions inside the home.

Within 24 hours of getting a call to their child abuse hotline, the county is required to look into whether the call meets criteria that warrants an investigation. If it does, one is started immediately.

Under the Family Court Act, social workers that respond to a house being investigated for child abuse mainly look into three things � whether the parent is providing food, clothing and shelter; the statute doesn't define further what is meant by that.

That means it's looked into on a case-by-case basis. There's no standard for what's enough food, enough clothing or adequate shelter.

There's also two different ways in which a child is taken out of the home; Charles Carson of the state OCFS says there's an emergency removal, where the child lives with another family member while the issue is being addressed, or if it's not an emergency removal, Social Services seeks a court order to get the child into foster care, or to get assistance for the family.

The state is looking in to the county's response to the Maxwell call, but they don't know when results will be available. State police investigators have released few details about Erin's death since briefing us last week -- they say Maxwell's stepbrother is a person of interest at this time.

Oswego County Social Services says it won't comment on the Erin Maxwell situation, because of confidentiality rules. They say their main goal is to not have this happen again.

The department says it gets 1,700 phone calls a year to investigate child abuse or neglect cases.

If you believe a child is in danger, the State Office of Children and Family Services wants you to give them a call at 1-800-342-3720.

Source: 9WSYR - Sept 15, 2008
Update posted on Sep 21, 2008 - 12:33PM

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It's been two weeks since the bizarre story and the subsequent mystery surrounding the death of an 11-year-old Palermo girl. State police have ruled it a homicide, but on Friday say they have not made any arrests -- and won't even say how close they may be to one.

Police also said there was no reason for people living in the area to worry.

The house sits quiet on Friday; state police have finally been able to wrap up their work at the scene -- work made incredibly difficult by what they say were deplorable conditions.

Over 100 cats were roaming throughout the house -- in excess of 80 confined to the master bedroom, with several others in cages, another dozen roaming the house -- and 12 dead kittens in a kitchen freezer.

"In addition to that, it's apparent there is not any type of garbage removal for the house, and all the household garbage is still within the house and confined to the front porch area," says State Police Lt. Troy Little.

State police investigators say they are still treating this as a homicide, based on the facts they have from the autopsy along with their investigation. They won't comment on possible suspects, but did confirm they've interviewed the one person home with the girl that night.

"Erin Maxwell was home alone with her stepbrother, Alan Jones, and Alan was the one who placed that 911 call that night," Little says.

The DA stopped just short of calling Jones a person of interest, saying anyone who would have been at the house that night would be someone they would want to talk with.

State police say Child Protective Services had been called to the house, but wouldn't say how many times or when other than it was some time removed from the investigation. The Oswego County department of Social Services would not comment on the case.

In an interview with NewsChannel 9, Erin Maxwell's father, Lindsey Maxwell, says CPS was called to the home twice, once because a teacher complained that Erin smelled like cats, and another because of an argument with a person who was staying at their home.

Three state police investigators were either bitten or scratched by cats during their work at the home, they have started rabies treatment.

Source: 9WSYR - Sept 12, 2008
Update posted on Sep 21, 2008 - 12:32PM

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100 animals seized from home, murder investigationPalermo, NY (US)

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100 animals seized from home, murder investigation
Palermo, NY (US)