Home
--> AJ's Story
--> AJ's
Story: Newspaper Articles --> 1994
Page 4
A.J.'s Story
- Newspaper Articles
The following links take you to various articles in AJ's story as it
appeared in the South Florida media.
PLEASE DO NOT COPY THE INFORMATION
ON THIS SITE BEFORE ASKING.
Thank you!
|
|
In Loving Memory Of
Andrew James "A.J."
Schwarz
April 24,1983 - May
2,1993
"Beautiful Child
who has found love from the angels...RIP..."
|
|
This
page contains articles from the Palm Beach Post and The Sun-Sentinel
from the year 1994. |
If you are interested in reading
the FULL DETAILS of this case aside from what is posted
here, please purchase "No One Can Hurt Him Anymore"
by Carol J.Rothgeb and Scott H. Cupp. Mr. Cupp thinks it's the book
that nobody will read...please show your support and show him that you
care about AJ, too by ordering his book by clicking on the cover image
below.

Stepmother:
AJ Had Emotional Problems (8/31/94)
Daughter Denies Schwarz Abused AJ (8/31/94)
Stepmother at Trial Denies Abusing AJ: Woman Grilled by
Attorneys for Second Day (9/1/94)
AJ's Stepmom: I'm Strict, Not Abusive (9/1/94)
Jury Convicts Stepmom: Jessica Schwarz Faces 70 Years for
Abusing AJ (9/2/94)
Schwarz Guilty of Abuse (9/2/94)
AJ Saga Still Has Way To Go: Criticism of HRS Likely To
Increase (9/3/94)
Ramifications From AJ Case to be Seen in Weeks to Come
(9/3/94)
Stepmom Was Sly Manipulator: Jessica Schwarz Successfully
Concealed AJ's Abuse From HRS (9/4/94)
Brief Life of AJ Schwarz Filled With Violence, Custody
Problems (9/4/94)
AJ's Birth Mother Has Many Regrets (9/4/94)
STEPMOTHER: A.J.
HAD EMOTIONAL PROBLEMS
Sun-Sentinel
August 31, 1994
MIKE FOLKS Staff Writer
On the witness stand on Tuesday, Jessica Schwarz did not resemble the
monstrous stepmother who prosecutors say emotionally and physically
abused her stepson until his nude, lifeless body was found in a backyard
swimming pool in May 1993.
When she talked of her 10-year-old stepson, Andrew "A.J."Schwarz,
the former truck driver referred to him as "my son" and "Andrew."
Jessica Schwarz began her testimony late Tuesday. She will testify again
today when her trial on seven counts of child abuse continues. Her trial
for second-degree murder in A.J.'s death will be held later.
Guided by her defense attorney, Rendell Brown, Jessica Schwarz, 39,
talked about her upbringing in Long Island, N.Y., her childhood dream
of becoming a truck driver and how she and her current husband, David
"Bear" Schwarz, gained custody of A.J. and his half-sister
in November 1990.
Jessica Schwarz said state Department of Health and Rehabilitative Services
officials placed the children in their home west of Lantana after their
biological mother's boyfriend was accused of abusing A.J.'s half-sister.
What HRS officials didn't tell them was the extent of A.J.'s emotional
problems and his need for counseling, she told the jury.
A.J. soon started exhibiting behavioral problems in school and at home,
she said.
"I believed he needed more help than I could give him," Jessica
Schwarz said, explaining she called school and HRS officials who did
nothing.
During a dependency hearing in Broward County for the children, Jessica
Schwarz said she learned of A.J.'s emotional problems. "I told
the court, I told everyone, that this child needed therapy."
When Jessica Schwarz got no action, she began helping him with his school
work and disciplining A.J. when he got out of line. "I was just
running with common sense," she testified.
During an open house at A.J.'s school in the fall of 1992, Jessica Schwarz
said she warned her stepson's teacher of his behavior problems, but
denied she belittled A.J. in front of the boy during the discussion.
A.J. played outside while she talked with his teacher, Mary Idrissi,
she said.
Idrissi testified last week that she was shocked when A.J's stepmother,
in the boy's presence, called him a "liar" and a bad boy who
plays "head games."In speaking of the embarrassed A.J., Idrissi
told the jury, "His little eyes never left the floor."
Jessica Schwarz told the jury a different version.
"I told [Idrissi) she had to be on her toes, that he was a liar
... and that she had to keep her eyes open," she testified. "I
knew Andrew had problems and I needed help because she was going to
be with him most of the day. When I speak, I speak pretty blunt. I expected
her to pay attention to what I was saying."
Jessica Schwarz also denied telling Idrissi not to give A.J. books because
he would lose or destroy them.
"How can I stop the school from giving a child a textbook? I don't
have that power," she told the jury.
Before taking the stand, Jessica Schwarz listened as her daughter from
her first marriage, Lauren Cross, 11, and her mother, Helen Woods of
Palm Bay, testified in her defense.
Both denied A.J. was ever abused.
Lauren, who now lives with her grandmother, denied she had talked with
her mother about the case. But the girl said she had talked to her mother
once after prosecutor Scott Cupp pressed her on the issue.
Cupp then questioned her about a videotaped conversation that police
have between Lauren, her half-sister Jackie Schwarz and their mother.
The conversation was captured by a camera at Palm Beach County Sheriff's
headquarters the day A.J.'s body, with more than two dozen scrapes,
cuts and bruises, was found in the family's above-ground pool by David
Schwarz.
"Your mom told Jackie and you, while you were standing right in
that room, she said, `Don't tell them anything because Mommy could go
to jail,' didn't she?" Cupp asked Lauren.
"Yes, because my sister [Jackie) makes up stories," Lauren
said, weeping as she testified.
"She told Jackie she had a big mouth and told Jackie to say, `I
don't know, I don't know,' didn't she?" Cupp asked.
"I don't remember," Lauren said.
"Then you told your mommy, `I told them [investigators) lies,'
didn't you?" Cupp asked.
"No, I don't remember that part too well," Lauren said, wiping
away tears with a tissue handed to her by a guardian ad litem seated
at her side.
Jessica Schwarz has also been charged with two counts of witness tampering
based on the video, which Cupp said he may introduce as part of the
state's rebuttal case in the abuse trial. A trial on witness tampering
charges has yet to be scheduled.
In her testimony, Woods was adamant that her daughter was a good mother
who loved A.J. like her own child.
As she left the witness stand, Woods passed her daughter, mouthing the
words, "I love you."
Back To Top
DAUGHTER DENIES SCHWARZ ABUSED A.J.
The Palm Beach Post
August 31, 1994
VAL ELLICOTT
Jessica Schwarz's daughter emphatically rejected the abuse allegations
against Schwarz Tuesday and offered a convincing and strikingly sympathetic
portrait of the woman accused of cruelly mistreating her stepson.
The testimony from Lauren Cross, 11, delivered the first potentially
damaging blow to prosecution claims - backed by numerous witnesses -
that Schwarz made her stepson's life a daily hell of endless chores
and humiliating emotional abuse.
Andrew ``A.J.'' Schwarz, who was 10 when his body was found in his family's
backyard pool in May 1993, enjoyed an essentially normal life at the
Schwarz's Lake Worth home, where he shared housekeeping duties with
other family members and received presents and a party on his birthday,
Cross said.
She delivered a loud ``No'' each time defense attorney Rendell Brown
asked whether Schwarz had committed one of the allegations listed in
charging documents, including charges that she made her stepson eat
on the floor next to a litter box, put tape on his mouth, hit him, or
subjected him to other sadistic punishments.
``She'd never do that, she never did,'' Cross said, responding to a
claim that Schwarz once punished her stepson by making him walk naked
inside the house.
Schwarz, 39, a former truck driver who grew up in Long Island as the
daughter of a shipping company executive, began testifying in her own
defense Tuesday. She said she realized soon after taking custody of
A.J. - the son of her second husband, David ``Bear'' Schwarz - that
he had serious behavior problems and badly needed counseling.
But state health officials and teachers at A.J.'s school ignored her
persistent demands that her stepson receive special therapy, she told
jurors. ``All I wanted to do was help my son and they more or less turned
their backs on me,'' Schwarz said.
Before Tuesday's developments, which included testimony from Schwarz's
mother, jurors had heard little to refute the state's claims that Schwarz
is guilty of seven counts of child abuse. Schwarz also is charged with
second-degree murder in A.J,'s death, but she will be tried separately
on that charge.
Cross broke down in tears Tuesday when prosecutor Scott Cupp pressed
her on whether she had lied to a police investigator who questioned
her about A.J.'s home life while looking into the boy's death.
``I didn't lie to him, I promise you, I didn't,'' Cross sobbed.
But a video camera at the police station caught Cross telling her mother
she had lied to the investigator, Cupp says. He plans to show jurors
the tape later in the trial to prove Cross would willingly lie to protect
her mother.
The same videotape shows Schwarz ordering her other daughter, Jackie,
not to talk to investigators. Schwarz is charged with witness tampering
in connection with those statements. That charge will be decided by
the jury that hears the murder case against her.
Back To Top
STEPMOTHER AT TRIAL DENIES ABUSING A.J.
WOMAN GRILLED BY ATTORNEYS FOR SECOND DAY
BY MIKE FOLKS
STAFF WRITER
Sun-Sentinel
September 1, 1994
Jessica Schwarz repeatedly told a jury on Wednesday that she never emotionally
or physically abused her 10-year-old stepson, declaring she loved him
"as if he was my own son."
Schwarz, 39, wearing a green print dress and white cardigan sweater,
spent her second day on the witness stand fielding questions from her
defense attorney and a prosecutor.
For the most part, Schwarz was calm while delivering her testimony,
shedding no tears for her dead stepson, Andrew "A.J."Schwarz.
Jessica Schwarz, on trial for seven counts of child abuse, also faces
a trial for second-degree murder in A.J's drowning and tampering with
a witness. That trial has yet to be scheduled.
On Wednesday, Jessica Schwarz glided through her direct testimony conducted
by defense attorney Rendell Brown, denying she ever abused A.J.
Jessica Schwarz testified the boy had severe emotional problems when
he and his half-sister were placed in the Schwarz home west of Lantana.
State Department of Health and Rehabilitative Services officials had
removed the children from their biological mother's home in November
1990 after the half-sister was abused by their mother's boyfriend.
A.J. needed hospitalization, not once-a-week counseling, she told the
jury.
"I wanted for [A.J.) to be happy at the house with us and grow
up there," Jessica Schwarz testified.
When cross-examined by Prosecutor Scott Cupp, Jessica Schwarz appeared
unnerved by some questions, snapping back several times with curt answers.
Cupp hammered away at the 200-pound former truck driver, attempting
to pick holes in her denials that she was a monstrous stepmother who
tortured her 60-pound stepson until his nude, lifeless body was pulled
from the family's backyard pool on May 2, 1993.
Her denials were lies to cover up the horrific abuse she forced the
affection-starved boy to endure during his brief life, Cupp maintained.
That abuse ranged from forcing him to edge the lawn with scissors and
running nude through his neighborhood to wearing a T-shirt that read,
"Don't talk to me, I'm a worthless piece of s---," and forcing
the boy to eat a cockroach, Cupp said.
Citing the testimony of one of A.J's teachers, 17 neighbors and Jessica
Schwarz's stepdaughter, all of whom said they saw Jessica Schwarz abuse
the boy, Cupp asked her why they would lie.
"It's a big conspiracy, isn't it?" the prosecutor asked.
"I don't know what this is," Jessica Schwarz said.
When Cupp pressed her on her stepdaughter's assertions that she rubbed
A.J.'s face in urine-soiled sheets, Jessica Schwarz bristled.
"I didn't even do that to my dog. I never did that to my child,"
she testified.
"Just to Andrew?" Cupp asked.
"No," Jessica Schwarz said.
"Isn't it true the pets got treated better in your house than Andrew?"
Cupp asked.
"No," she testified.
Cupp then questioned Jessica Schwarz about the testimony of two neighbors,
who called HRS officials after seeing A.J. with two blackened eyes and
a possible broken nose. One of those witnesses said Jessica Schwarz
"laughed hysterically" at A.J.'s face when the neighbor asked
him how he had been injured.
Jessica Schwarz denied she laughed at A.J. in the presence of the neighbor,
but said she laughed when he came into the house and explained how he
had injured himself. She said the boy told her he was riding his little
half-sister's tricycle when his shoelace became entangled in the spokes,
causing him to smack the bridge of his nose on the handle bars.
"I just thought it was funny," Jessica Schwarz said, noting
A.J. was not bleeding, his eyes had not turned black, but his nose "was
growing" due to swelling.
Cupp maintained the stepmother used a clenched fist to punch A.J. in
the face, causing the injury.
"He fell. No one struck him in any way, shape or form," Jessica
Schwarz said.
When Cupp said she had fooled police, HRS caseworkers and A.J.'s guardian
into thinking she hadn't struck the boy, Jessica Schwarz scoffed at
the notion. "That would have kept me real busy. I didn't fool anyone,"
she said.
The prosecutor then said Jessica Schwarz wanted A.J. to leave her home,
calling an HRS worker once and telling the worker, "get [A.J.)
the f--out of my house."
Jessica Schwarz denied ever saying that to an HRS worker.
Cupp dismissed Jessica Schwarz's testimony that she loved A.J. "as
if he was my own son," comparing the sparse bedroom the boy slept
in with his sisters' bedrooms, one of which contained a television and
water bed and the other had a Nintendo game and numerous other toys.
"You're trying to imply that I kept things from Andrew and I didn't
do that," Jessica Schwarz testified.
Cupp asked why she had no pictures of A.J. in their home, but numerous
photos of her daughters and stepdaughters. Jessica Schwarz said she
had three of A.J. on the walls of her home, and the photos of her daughters
were given to her by her father, who had compiled a collage for her.
After completing her testimony, the defense rested, but Cupp presented
one rebuttal witness, Palm Beach County Sheriff's Deputy Barbara Hopper-Kanych.
Hopper-Kanych testified she was inside the home on May 2, 1993 after
A.J.'s body was found and no pictures or photos of the boy were in sight.
A.J.'s room was furnished with a single bed and a dresser. The only
toy she saw was a plastic police car. "It was depressing,"
Hopper-Kanych told the jury.
When she looked into A.J.'s sisters' rooms, she was shocked to see the
disparity. "It was like two opposite ends of the world," Hopper-Kanych
said.
Closing arguments are scheduled to begin today and will be followed
by jury deliberations.
Back To Top
A.J.'S STEPMOM: I'M STRICT, NOT ABUSIVE
The Palm Beach Post
September 1, 1994
VAL ELLICOTT
Palm Beach Post Staff Writer
Jessica Schwarz described herself Wednesday as an unaffectionate but
caring parent victimized by ``four years of gossip'' among neighbors
who say she subjected her stepson to sadistic emotional abuse.
Schwarz, dressed in a floral print dress and a white cardigan, spoke
articulately in a soft, even voice, but the bluntness of her responses
projected an image of uncompromising toughness.
``Do you have a bad temper?'' Scott Cupp asked Schwarz during more than
an hour of cross-examination.
``I have a temper,'' Schwarz responded.
``And you're loud.''
``Yeah.''
``And you're crude.''
``I can be.''
Schwarz, 39, conceded she was ``a strict disciplinarian'' with Andrew,
the stepson she is accused of abusing, as well as with his half-sister
and two stepsisters.
But she flatly rejected each of the seven counts of aggravated and felony
child abuse against her, ascribing some to misinterpretation of real
events and others to outright lies by her accusers.
``This is a big conspiracy, isn't it?'' Cupp challenged her, after listing
the witnesses - including other residents of Schwarz's Lake Worth neighborhood,
Andrew's third-grade teacher and his court-appointed guardian - who
backed the abuse allegations.
``I don't know what this is,'' Schwarz answered.
In composed, largely emotionless testimony, Schwarz maintained that
she loved her stepson as much as she loved her two natural daughters
and ``wanted him to be happy and stay at the house and just grow up
there with us.''
She answered with a simple ``No,'' when Cupp asked her, ``Is it true
that pets got treated better in your house than Andrew?''
Cupp and defense attorney Rendell Brown will make their closing arguments
today.
Andrew, also known as ``A.J.'' was found dead in his family's backyard
pool in May 1993, shortly after his 10th birthday.
Schwarz faces a separate trial on a second-degree murder charge.
Jurors hearing the abuse case against her must decide whether Schwarz
rubbed her stepson's face in his own urine-soaked sheets, demeaned him
with obscenities and subjected him to bizarre punishments, such as keeping
him home from school to do chores and forcing him to eat from a plate
next to the cat's litter box.
Final testimony in the case came from a sheriff's deputy who described
A.J.'s room the day he was found dead as barren and ``very depressing.''
His room and the rooms where his stepsisters lived ``were like two opposite
ends of the world,'' deputy Barbara Hopper Ka-myuch said.
Back To Top
JURY CONVICTS STEPMOM
JESSICA SCHWARZ FACES 70 YEARS FOR ABUSING A.J.
Sun-Sentinel
September 2, 1994
MIKE FOLKS Staff Writer
Staff Writer Stephanie Smith contributed to this report.
After nine days of hearing in Palm Beach County Circuit Court how she
intimidated and berated her 10-year-old stepson, Jessica Schwarz on
Thursday was convicted of six of seven counts of child abuse.
A three-woman, three-man jury deliberated for 5 1/2 hours before finding
the former truck driver guilty of four counts of aggravated child abuse
and two counts of felony child abuse.
Schwarz, whose sentencing hearing has not been scheduled, faces a maximum
70 years in prison. She also must still stand trial on charges of second-degree
murder in the May 2, 1993, drowning of her stepson, Andrew "A.J."Schwarz,
and witness tampering.
Flanked by her two defense attorneys, Schwarz, 39, sat stoically as
she heard the first verdict, which declared her not guilty of forcing
her stepson to eat from a paper plate placed on the floor next to a
cat litter box.
Schwarz remained stone-faced as the remaining six verdicts - all guilty
- were announced. She declined comment as she was taken from the courtroom
by deputies.
A.J.'s biological mother, Ilene Soini-Schwarz of Fort Lauderale, periodically
kissed a gold crucifix she wore around her neck while waiting for the
jury to return. She said Jessica Schwarz deserves more than prison time.
"She should get the same treatment she gave my son: beating, belittling,
humiliating, degrading for the rest of her life," Soini-Schwarz
said.
Soini-Schwarz also criticized the defense for calling A.J. brain damaged
and a "crack baby" during the trial. "That was a total
fabrication. I don't know where that came from," she said.
Noticably missing during the trial was A.J.'s father, David "Bear"
Schwarz.
Soini-Schwarz, David Schwarz's ex-wife, said on Thursday she learned
this week that David Schwarz moved two weeks ago from the home he and
Jessica Schwarz shared west of Lantana. "I don't know where he
is," she said.
For jurors in the case, the abuse that Jessica Schwarz put A.J. through
in his brief life was unsettling.
"It was a difficult case," said juror Diane K. Melvin of Palm
Beach Gardens. "That child was going through a living hell. No
one should be treated that way."
Melvin said jurors had asked to have testimony read back to them concerning
the criminal count that accused Jessica Schwarz of forcing A.J. to eat
from a plate near a cat litter box. The timing of the alleged act, she
said, was not proven, resulting in the not guilty verdict on that count.
Juror Stanley B. Misroch of Boynton Beach said he knew nothing about
the case before the trial because he avoids reading such stories in
the newspaper, preferring to turn to sports or world affairs.
"It came out [during the trial) the poor child is dead, I know
now. Here's a child, 10 years on this earth, and it doesn't sound like
he ever had a good day," Misroch said.
"I don't think any person, especially a parent, can stand such
stories," Misroch said. "It certainly was difficult and unpleasant
but it was necessary."
Before beginning their deliberations, the jury heard closing arguments
presented by Jessica Schwarz's defense attorney, Rendell Brown, and
prosecutors.
Brown warned the jurors to not fall victim to the state's attempt to
play on their sympathy because the crimes involve a child. "There's
an effort here to paint a picture that doesn't exist," he said.
The defense attorney argued that the horrific tales of abuse that witnesses
testified to seeing were rumors or tales concocted by those who did
not like Jessica Schwarz.
Brown argued that caseworkers from the state Department of Health and
Rehabilitative Services, who visited the Schwarz home numerous times,
never saw any evidence of abuse.
HRS workers also failed to inform Jessica Schwarz that A.J. was brain-damaged
and was born a "crack baby" and refused to heed her requests
to get the boy help, Brown said.
Discipline tactics Jessica Schwarz used on A.J. were those she learned
in a 12-week parenting class she completed after gaining custody of
A.J. in November 1990. The boy and his half-sister were placed in the
Schwarz home after Soini-Schwarz's husband was accused of abusing the
girl, Brown said.
The defense attorney said there is no proof that his client ever abused
her stepson. "She didn't do anything to hurt this child. She loved
him."
In his closing, Prosecutor Joe Marx called A.J.' "a boy starved
for love."
Marx methodically covered each count of abuse that Jessica Schwarz faced,
comparing it to the testimony of 17 neighbors and A.J.'s teacher. Each
said they had witnessed the stepmother's wrath against the boy.
The prosecutor said that Jessica Schwarz was "cloaked in a veil
of innocence" when the trial began. "We slowly removed that
veil, and what did we find? A monster, a bully, an intimidator and a
liar."
Marx cited how Jessica Schwarz forced A.J. to eat a cockroach, run naked
through his neighborhood when he got home late from school and edge
the lawn with a pair of scissors. He also said she belittled and cursed
him in public, rubbed his face in urine-soiled sheets and kept him home
from school to do endless chores.
"[Jessica Schwarz) had a built-in slave, a little butler,"
Marx said.
HRS failed to help A.J. when he needed it most, Marx said. "They
bungled this case, right from the start. [Jessica Schwarz) did these
things and they didn't catch her."
The litany of abuse resulted in A.J.'s admission to a Vero Beach psychiatric
hospital two years after moving in with his stepmother, Marx said. He
pointed to A.J.'s hospital discharge report, saying it "reads like
a combat victim" because he was diagnosed as having post traumatic
stress syndrome.
In ending the final argument for the state, Proscutor Scott Cupp described
the case as "sickening."
"She was no mother," Cupp said, pointing at Jessica Schwarz.
"[A.J.'s) psyche had been battered, bruised, ripped and shredded."
Cupp then reminded the jury that he had called the Schwarz home "an
asylum" when the trial began. He was wrong, he said.
"In an asylum, there's hope," Cupp told the jury. "This
was a concentration camp. In a concentration camp, there is no hope."
Back To Top
SCHWARZ GUILTY OF ABUSE
Palm Beach Post, The (FL)
September 2, 1994
VAL ELLICOTT, Palm Beach Post Staff Writer
Jessica Schwarz was convicted Thursday of six of seven counts of subjecting
her stepson to vicious and demeaning emotional abuse, ending a week
of testimony so disturbing at times that it moved witnesses and spectators
to tears.
Jurors expressed relief their ordeal was over.
``I'm almost trying to forget the thing, it was so unpleasant,'' Stanley
Misroch of Boynton Beach said.
The state's case detailed specific instances of child abuse that claimed
Schwarz rubbed her young stepson's face in his urine-soaked bedsheets,
forced him to wear a T-shirt on which she had written a humiliating
obscenity and tortured him with other punishments that, according to
testimony, crushed the boy's spirit and left him in a near-constant
state of anxiety and fear.
``She came here cloaked in a veil of innocence,'' prosecutor Joseph
Marx said of Schwarz in his closing arguments. ``We slowly removed that
veil, and what did we find? A monster, a person who's a bully, a manipulator
and a liar.''
Misroch agreed Schwarz is a ``rough, tough, crude individual.''
``But that didn't make her guilty,'' he added. ``We were not dictated
by gut reactions. We had a long discussion on each count.''
He and the other five jurors, who deliberated 5 1/2 hours, acquitted
Schwarz of an allegation that she once forced Andrew, or ``A.J.,'' to
eat from a paper plate on the floor next to a pet's litter box.
That charge was based solely on testimony from one of Schwarz's neighbors,
Gail Ragatz, who admitted disliking Schwarz.
``We felt there was a motive there,'' Misroch said. ``We felt it (Ragatz's
testimony) wasn't as much in the interest of Andrew as it was against
Jessica.''
The other counts were less problematic, jurors said, because they were
backed by credible testimony from two or more witnesses.
``There were so many other things that clicked together,'' juror Diane
Melvin said. ``There was just no doubt.''
Schwarz's lack of feeling for her stepson - Marx described her in closing
arguments as ``a stone'' - was unmistakable during hours of testimony
in which she insisted she loved A.J. as much as she loved her two daughters,
Melvin said.
``She never once got emotional talking about A.J.,'' she said. ``There
was nothing there.''
Schwarz, 39, glanced at her attorney, Rendell Brown, and shook her head
as the guilty verdicts were read. It was the same reaction she showed
during testimony from neighbors, teachers and others who encountered
A.J. during his brief life.
Brown said he will appeal.
``I don't think the evidence was strong,'' he said. ``I felt it was
far too weak for a conviction in this case.''
Schwarz, a former truck driver and antiques dealer, had claimed A.J.
was a serious behavior problem. She testified she badgered indifferent
state officials and others to provide him long-term counseling. She
attributed much of the state's case to mean-spirited gossip among her
neighbors, some of whom said they were terrified of her.
Schwarz did not comment as sheriff's deputies led her from the courtroom.
Her mother, Helen Woods, also declined to comment.
Schwarz still faces trial for second-degree murder in A.J.'s death.
The 10-year-old's bruised body was found floating in his family's backyard
pool May 2, 1993. Autopsy reports showed head injuries so severe that
had he not drowned, he would have died from the blows.
The case of A.J. - an intelligent boy described by teachers, neighbors
and his court-appointed guardian as starved for love and pathetically
eager to please - stirred tremendous anger and sadness in those who
knew him and had experienced his stepmother's violent, bullying nature.
``They should make her cut the grounds with scissors and wash out the
latrines in prison with a toothbrush,'' said Beth Ann Walton, who lives
near the Schwarz house on Triphammer Road in Lake Worth. ``There's not
enough you can do to this woman. We want to see her tortured. We want
to see her on the rack. I was afraid if I looked at her, I would leap
across the room and slap her.''
Under state sentencing guidelines, Schwarz faces a nine-year sentence
on the six abuse convictions - four counts of aggravated child abuse
and two counts of felony child abuse - according to prosecutor Scott
Cupp.
Cupp, who described Schwarz's trial as ``the most disgusting thing I've
ever had to go through,'' said he will ask Circuit Judge Walter Colbath
to depart from state guidelines and add more time to her sentence.
He also said state health officials, one of whom faces charges in connection
with her handling of A.J.'s case, deserve much of the blame for A.J.'s
hellish life in the ``concentration camp'' he called home.
``Anyone who sat in on this trial can see how abysmally they did their
job,'' Cupp said.
Palm Beach County sheriff's Sgt. Mike Waites, who visited the Schwarz
house the morning A.J.'s body was found and spent months investigating
the case, held his head in his hands as the verdicts were read Thursday.
When the first not-guilty verdict was announced, Waites looked up quickly,
then dropped his head back into his hands as the court clerk read off
the guilty verdicts.
David ``Bear'' Schwarz, Schwarz's husband and A.J.'s natural father,
did not attend the trial. The family of Ilene Soini, A.J.'s natural
mother and David Schwarz's first wife, said they heard he left the Lake
Worth house two weeks ago and has not been seen since.
David Schwarz called a Palm Beach Post reporter late Wednesday and left
a message saying he did not testify for his wife because prosecutors
would accuse him of being afraid of Jessica and would misrepresent his
true feelings.
Soini, whose own reportedly cruel and neglectful treatment of A.J. was
a key element of Schwarz's defense, also did not attend most of the
trial. She was barred from the courtroom as a potential defense witness,
but she did listen to closing arguments.
``She deserves the same treatment she gave my son,'' Soini said of Schwarz,
``by being belittled and degraded for the rest of her life.''
Staff writer Jenny Staletovich contributed to this report.
Back To Top
A.J. SAGA STILL HAS WAY TO GO
CRITICISM OF HRS LIKELY TO INCREASE
Sun-Sentinel
September 3, 1994
MIKE FOLKS Staff Writer
Sixteen months after his lifeless, battered body was found in his family's
backyard pool, 10-year-old Andrew "A.J."Schwarz is still affecting
a number of lives.
The boy's stepmother, Jessica Schwarz, 39, sits in the Palm Beach County
Jail without bail after her Thursday conviction on six counts of child
abuse against her stepson.
Prosecutors are preparing for Schwarz's trial on a second-degree murder
charge in A.J.'s May 2, 1993, death and a witness tampering charge.
Barbara Black, a Department of Health and Rehabilitative Services abuse
investigator, is awaiting her October trial on a charge of extortion
by threat. Prosecutors have accused Black of threatening to remove children
from the home of one of Schwarz's neighbors, who called HRS to complain
of suspected abuse against A.J.
On Friday, Schwarz's attorney, Rendell Brown, said he is planning to
appeal her conviction and is confident he will gain an acquittal in
her upcoming trial.
Her conviction, Brown said, "reinforces our earlier argument that
we cannot get a fair trial in Palm Beach County."
"It's a shock to her," Brown said, describing Schwarz's reaction
to her conviction. "We are absolutely convinced we will be successful
in winning this appeal and vindicate her ... We absolutely believe she
is innocent of these charges."
Schwarz was convicted on Thursday of being a monstrous stepmother who
emotionally abused her stepson from November 1990 until his body was
found in the family's above-ground pool.
The stepmother was convicted of forcing A.J. to stay home from school
to do chores, wear a T-shirt that read, "I'm a worthless piece
of s---, don't talk to me," edge the lawn with scissors and making
him run down the street naked. She also was found guilty of rubbing
the boy's face in urine-soiled sheets and berating him in public.
Schwarz's two daughters, Lauren, 11, and Jackie, 6, were removed from
the family's home by HRS shortly after A.J.'s death. The daughters now
live with Schwarz's mother, Helen Woods of Palm Bay, Brown said.
Brown would not confirm reports that Schwarz's husband, David "Bear"
Schwarz, has moved from the couple's home. Brown did say that trial
strategy was the deciding factor for not calling David Schwarz, A.J.'s
father, to testify for the defense.
For prosecutors, the Jessica Schwarz abuse trial was a victory, but
a difficult one to handle.
"This has been the most disgusting thing I've had had to go through,"
Prosecutor Scott Cupp said after the jury reached its verdict.
Cupp also lashed out at the role the HRS played in the case. "Anyone
who sat in on this trial can see how abysmally they did their job,"
he said.
Palm Beach County State Attorney Barry Krischer said on Friday that
when Black goes on trial, the actions of HRS in the case will be under
scrutiny.
"When you listened to Mrs. Schwarz's testimony that the number
of agencies that marched through her home ... it just makes it difficult
for me to understand how [the abuse) could have gone on for so long,"
Krischer said.
Krischer criticized HRS for going on the defensive once the details
of A.J.'s case were made public, resulting in a grand jury indicting
Black. That same grand jury issued a scathing report, slamming the HRS
system and its handling of A.J's case.
"[HRS) has taken a put-the-wagons-in-a-circle-mentality instead
of looking at these problems and making changes to set it right,"
Krischer said. "Had it not been for this boy's death, no one would
ever have known [the abuse) was going on there."
"She's entered a plea of not guilty. We're going to trial and we're
continuing to investigate the case," Duncan said.
In the Schwarz neighborhood in the former Concept Homes development
west of Lantana, neighbors said the conviction was good news. It has
brought a sense of relief, said Beth Walton, who testified during the
trial that she once saw A.J.'s stepmother "shake him like a rag
doll."
"I think everyone in the neighborhood is really pleased. Hopefully,
she won't get out on appeal," Walton said.
The children in the neighborhood "seem more relaxed," Walton
said. "This has really affected them. Jessica has joined the ranks
of the neighborhood bogeyman."
Neighbor Ida Falk, who told jurors she suspected abuse but feared retaliation
by Schwarz if she called HRS, had little to say about the outcome of
the trial. "I'm just glad justice was done," she said.
Back To Top
RAMIFICATIONS FROM A.J. CASE TO BE SEEN IN WEEKS TO COME
Sun-Sentinel
September 3, 1994
MIKE FOLKS Staff Writer
Sixteen months after his lifeless, battered body was found in his family's
backyard pool, 10-year-old Andrew "A.J."Schwarz is still affecting
a number of lives.
The boy's stepmother, Jessica Schwarz, 39, sits in the Palm Beach County
Jail without bail after her Thursday conviction on six counts of child
abuse against her stepson.
Prosecutors are preparing for Schwarz's trial on a second-degree murder
charge in A.J.'s May 2, 1993, death and a witness tampering charge.
Barbara Black, a Department of Health and Rehabilitative Services abuse
investigator, is awaiting her October trial on a charge of extortion
by threat. Prosecutors have accused Black of threatening to remove children
from the home of one of Schwarz's neighbors, who called HRS to complain
of suspected abuse against A.J.
On Friday, Schwarz's attorney, Rendell Brown, said he is planning to
appeal her conviction and is confident he will gain an acquittal in
her upcoming trial.
Her conviction, Brown said, "reinforces our earlier argument that
we cannot get a fair trial in Palm Beach County."
"It's a shock to her," Brown said, describing Schwarz's reaction
to her conviction. "We are absolutely convinced we will be successful
in winning this appeal and vindicate her ... We absolutely believe she
is innocent of these charges."
Schwarz was convicted on Thursday of being a monstrous stepmother who
emotionally abused her stepson from November 1990 until his body was
found in the family's above-ground pool.
The stepmother was convicted of forcing A.J. to stay home from school
to do chores, wear a T-shirt that read, "I'm a worthless piece
of s---, don't talk to me," edge the lawn with scissors and making
him run down the street naked. Schwarz's two daughters, Lauren, 11,
and Jackie, 6, were removed from the family's home by HRS shortly after
A.J.'s death. The daughters now live with Schwarz's mother, Helen Woods
of Palm Bay, Brown said.
Brown would not confirm reports that Schwarz's husband, David "Bear"
Schwarz, has moved from the couple's home. Brown did say that trial
strategy was the deciding factor for not calling David Schwarz, A.J.'s
father, to testify for the defense.
For prosecutors, the Jessica Schwarz abuse trial was a victory, but
a difficult one to handle.
"This has been the most disgusting thing I've had had to go through,"
Prosecutor Scott Cupp said after the jury reached its verdict.
Cupp also lashed out at the role the HRS played in the case. "Anyone
who sat in on this trial can see how abysmally they did their job,"
he said.
Palm Beach County State Attorney Barry Krischer said on Friday that
when Black goes on trial, the actions of HRS in the case will be under
scrutiny.
"When you listened to Mrs. Schwarz's testimony that the number
of agencies that marched through her home ... it just makes it difficult
for me to understand how [the abuse) could have gone on for so long,"
Krischer said.
Krischer criticized HRS for going on the defensive once the details
of A.J.'s case were made public, resulting in a grand jury indicting
Black. That same grand jury issued a scathing report, slamming the HRS
system and its handling of A.J's case.
"[HRS) has taken a put-the-wagons-in-a-circle-mentality instead
of looking at these problems and making changes to set it right,"
Krischer said. "Had it not been for this boy's death, no one would
ever have known [the abuse) was going on there."
"She's entered a plea of not guilty. We're going to trial and we're
continuing to investigate the case," Duncan said.
Neighbor Ida Falk, who told jurors she suspected abuse but feared retaliation
by Schwarz if she called HRS, had little to say about the outcome of
the trial. "I'm just glad justice was done," she said.
Back To Top
STEPMOM WAS SLY MANIPULATOR
JESSICA SCHWARZ SUCCESSFULLY CONCEALED A.J.'S ABUSE FROM HRS
Sun-Sentinel
September 4, 1994
DEBBIE CENZIPER Staff Writer
Staff Writer Mike Folks contributed to this report.
She has been called a master manipulator, street smart and sly, a rough-and-tumble
former truck driver capable of intimidating neighbors, family and social
workers.
Jessica Schwarz appeared in Palm Beach County Circuit Court last week
wearing sundresses and lipstick, calling herself a victim of conspiracy
among spiteful neighbors, a mother who loves her children but believes
in strict discipline. Her testimony, though, wasn't enough to win over
jurors, who on Thursday convicted Schwarz on six of seven counts of
child abuse against her dead stepson, Andrew "A.J."Schwarz.
Prosecutors in the nine-day trial called in a parade of neighbors to
recount horrific stories of Schwarz's physical and emotional abuse against
the 10-year-old, 60-pound boy who loved Ninja Turtles and Steven Seagal
movies. His nude body, pulled from the family's pool west of Lantana
in 1993, and had more than 24 bruises, cuts and scrapes. How did Schwarz
get away with the abuse for so long?
There are no easy answers, psychologists and social service workers
say. No one person or agency is to blame.
"There are a whole group of people who make decisions in this system,"
said Nancy McBride, executive director of the Adam Walsh Center/Florida.
"You've got attorneys, judges, doctors, HRS."
One thing is certain. Like many child abusers, Schwarz, 39, seemed to
thrive on controlling and intimidating everyone around her, experts
say; enough perhaps, to thwart the system.
There was intimidation among neighbors: "I was afraid of what she
might do if we tried to do anything," said Ida Falk, who told jurors
she always saw A.J. doing chores and once saw him working in the yard
with masking tape over his mouth.
Beth Walton said Schwarz managed to unnerve the entire neighborhood.
"The neighborhood seems to be pleased [with the conviction), and
the kids seem to be more relaxed," Walton said on Friday.
There was intimidation among family members: "Don't tell these
people anything," Schwarz was videotaped saying to her youngest
daughter in a police interrogation room after A.J.'s death. "Just
say, `I don't know.'" There was intimidation, some say, among social
workers.
Several neighbors reported the abuse to the state Department of Health
and Rehabilitative Services, but the state never saw fit to take A.J.
away. One HRS caseworker is awaiting trial on a charge of threatening
to take away the children of one of the women who reported Schwarz abusing
A.J.
"She [Schwarz) refused to cooperate with HRS," Ilene Soini-Schwarz,
A.J.'s biological mother, said on Friday. "She would go into meetings
all angry, and then she would turn herself into this polite, quiet woman,
all agreeable, like this split personality. She threw everybody off.
Everybody was terrified of her."
While the need to intimidate people can be found among some child abusers,
Schwarz took that trait to an extreme, said Sandy Owen, an HRS program
administrator.
"I've read our records 1,000 times and she comes across as very
domineering," Owen said. "Her attorneys have done an excellent
job fixing her up for court because when we [HRS workers) saw her, she
tended to wear T-shirts that read, `Cops are pigs.'" Her husband,
David, once had Schwarz arrested on domestic assault charges after the
pair had too much to drink, according to Sheriff's Office reports. She
now faces charges of witness tampering for telling her daughter not
to talk to the police about A.J.'s death.
Schwarz still must stand trial on charges of second-degree murder in
A.J.'s drowning.
"Some child abusers thrive on mind control," said Barbara
Ullman, with the Center for Children in Crisis in West Palm Beach. "The
person makes everyone around them afraid, afraid of what they'll do,
the violence. Neighbors may not want to get involved because they don't
want to harm themselves. There are parents, like Jessica Schwarz, who
are very violent and angry at everyone. Another kind of parent can be
very quiet and kind of insidious in manner."
People who want to control others generally felt extremely vulnerable
at one point in their lives, said Felicia Romeo, a professor and clinical
psychologist at Florida Atlantic University in Boca Raton.
Most don't trust anybody, and the only way they feel safe is to have
the upper hand on those around them, she said.
"Often, people who manipulate and control don't have the capacity
to empathize with other people, to feel their injury and pain, the hurt
they're doing to another person," Romeo said.
While some experts did not want to talk specifically about Schwarz because
they don't know details of the case, all agreed on general traits among
child abusers: lacking effective social skills, little empathy for children
and spouses, overly critical of children, often coming from abusive
homes themselves, believing in the necessity of harsh punishment, and
complaining that life is always a crisis.
Experts said they do not know of any specific studies on whether stepchildren
are a more likely target of abuse than natural children, but they say
blended families in general present a whole new set of problems.
Some parents simply find they don't like one particular child, biologically
related or not.
"Abusers tend to find children aversive and they don't feel they
have any control over anything," said Leslie Terry, a child abuse
researcher at the FAU Davie campus. "They are more emotionally
reactive to misconduct. If a child just broke a cookie jar, a normal
mother would say, `I wish you wouldn't do that.' The abusive mother
would fly off the handle. They overreact."
Through the trial, Schwarz maintained that she loved A.J., but said
he was a hard child to handle.
He would wander on his way to and from school and accept rides from
strangers, she said.
Schwarz said she would discipline him, but that didn't make her a bad
mother.
"At night, he always got hugs and kisses and, `Sweet dreams. Sleep
with the angels.'"
Back To Top
BRIEF LIFE OF A.J. SCHWARZ FILLED WITH VIOLENCE, CUSTODY PROBLEMS
Sun-Sentinel
September 4, 1994
Court documents and testimony trace the life of Andrew "A.J."
Schwarz: A.J. was born on April 24, 1983, to David and Ilene Schwarz
of Fort Lauderdale.
The couple divorced in 1985 and A.J.'s mother, Ilene Schwarz, received
custody of A.J. and her 5-year-old daughter from a previous relationship.
His mother remarried in 1989 to Thomas Luke, who beat her and was sentenced
to jail for sexually molesting A.J.'s half-sister _ at least once in
front of A.J.
HRS deemed Ilene Schwarz an unfit mother for failing to protect her
children.
The children first went to foster care after living with their aunt.
The foster mother reported they arrived with lice and were wearing outgrown
and dirty clothes. They were placed with A.J.'s father and stepmother,
David and Jessica Schwarz, west of Lantana, in November 1990.
The couple had met on the road as truckers and were married in 1989.
David "Bear" Schwarz continued to spend a lot of time on the
road, leaving child-rearing to Jessica, who was a day-care worker at
the time.
Besides A.J. and his half-sister, then 7 and 11, the family included
Jessica Schwarz's 8-year-old daughter from a previous marriage and the
couple's own daughter, who was 2.
In September 1991, a Broward County Circuit judge was reviewing the
case to decide whether A.J. and his half-sister should be returned to
their biological mother. He heard conflicting reports.
The children "are reported to be thriving in their current placement,
where David and Jessica Schwarz are providing a loving, nurturing and
stable home," an HRS worker wrote.
But a counselor from the Center for Children in Crisis painted another
picture: "I cannot recommend this placement without reservations,"
the counselor wrote. "I have serious concerns because of allegations
made by [A.J.'s half-sister) concerning physical abuse by Mr. Schwarz.
She also disclosed what appeared to be excessive and inappropriate punishment."
A.J. also had told a psychiatrist, "My family treats me like ...
I'm a little Dumbo."
Despite the reports, the judge decided to keep the two children with
A.J.'s father and stepmother.
Family life rapidly deteriorated after the judge's ruling.
Near Christmas 1991, stepmother Jessica Schwarz left a screaming message
on an HRS counselor's home answering machine, saying she wanted the
two children out of the house, but David Schwarz called back and said
it was a misunderstanding.
In January 1992, A.J. was hospitalized for six weeks at the Psychiatric
Institute of Vero Beach. The family said A.J. had been riding his bike
into traffic, jumping off ladders and trying to drown his younger half-sister.
While A.J. was at the hospital, his older half-sister was removed from
the home after David and Jessica Schwarz complained they could no longer
handle her.
Just weeks after leaving David and Jessica Schwarz's home, the half-sister
told her mother "her stepmother had slapped her and given her a
bloody nose," the mother told HRS workers.
A.J. by this time was an 8-year-old functioning more like a 5-year-old,
evaluators found. He sucked his thumb, hid his face and suffered from
"post-traumatic stress disorder," his psychiatric evaluation
said.
A.J. was released from the hospital in March 1992.
In May, a neighbor said, Jessica Schwarz hit A.J. with a keychain. HRS
found no marks on him, but reports cautioned, "There is something
very suspicious about this incident. ... Whoever receives this case,
keep your eyes and ears open."
More abuse reports surfaced, including at least eight that HRS said
were unfounded.
A psychosocial evaluation in February 1993 recommended that HRS consider
placing A.J. in a foster home to ensure he was not being emotionally
abused.
About the same time, Ilene Schwarz _ A.J.'s mother _ began stepping
up efforts to get A.J. back. The mother complained frequently to HRS,
alleging abuse at her ex-husband's home. The pressure was getting to
stepmother Jessica Schwarz.
"Jessica states this whole mess with A.J.'s custody being in question
again has really created a chaos for her," caseworkers reported
in April.
A month later, A.J. was dead.
Back To Top
A.J.'S BIRTH MOTHER HAS MANY REGRETS
Sun-Sentinel
September 4, 1994
GARY STEIN
If she were somehow given a chance to do it over again, Ilene Soini-Schwarz
said she would take her kids and run.
Yeah, when the state Department of Health and Rehabilitative Services
and the courts wanted to take her son A.J. and A.J.'s half-sister from
her house in 1990, after the girl was molested by one of the men in
Soini-Schwarz's life - that would have been the time to run.
When HRS said Soini-Schwarz hadn't done enough to protect her kids,
that's when she said she should have fled.
"[But) I obeyed every rule," she said, sitting in her sparse
Fort Lauderdale apartment.
"I just feel there's something I could have done. I should have
just run with the kids. If I had it to do over again, I would have gotten
my kids out of Florida.
"You know," said the 35-year-old Soini-Schwarz, "I've
been through a lot of abuse at the hands of men in my life. But nothing
compared to what she did to my son."
Abuse was unspeakable
"She" is Jessica Schwarz, found guilty last week on six of
seven counts of child abuse.
She faces a possible 70-year sentence for the abuse of her stepson A.J.
- and still faces a murder charge in A.J.'s drowning.
In the 13 years I've been writing columns here, I have never heard of
a worse case of child humiliation.
According to court records, A.J. was forced to eat a cockroach. He was
forced to run through the Lantana neighborhood where Schwarz and A.J.'s
father had a home, and wear a T-shirt reading "Don't Talk to Me,
I'm a Worthless Piece of S---."
One witness said Schwarz forced A.J. to write, over and over, "I
should have never been born."
There were black eyes and a broken nose and so much more.
"Here's a child, 10 years on this earth, and it doesn't sound like
he ever had a good day," one juror said.
And it doesn't sound like the agencies who were supposed to be looking
out for A.J. had many good days, either.
Ilene Soini-Schwarz eventually got her daughter returned to her home,
but she never could get A.J. back.
In fact, she said she was prevented from even talking to her son the
past two years.
"He was a happy, loving playful kid," Soini-Schwarz said.
"He loved to get held and hugged. He wanted to be a wrestler.
"I think I was a good mother. I made a mistake being with bad people."
Indeed.
Soini-Schwarz has been married three times - and is now engaged. Surely
A.J.'s life with her was not perfect.
But nothing could match the unspeakable horrors he was subjected to
when he went to live with his father and Jessica Schwarz.
"I didn't think anybody was capable of doing those things to a
child," Soini-Schwarz said.
Plenty of hatred
Ilene Soini-Schwarz was in the Palm Beach County Courthouse throughout
Schwarz's trial.
"Every time I heard [the atrocious charges), I hated her more and
more," she said. "[And) his father didn't protect him like
he was supposed to.
"Now is the time for her to pay. Some people say she should fry,
but I say no. Then her suffering's over. I hope she goes through a living
hell just like A.J. did."
Soini-Schwarz said she will move in with her mother in Fort Lauderdale
for a short time, then try to get on with her life.
And she'll continue going to the cemetery in Fort Lauderdale to visit
A.J.'s grave.
"I would go to the cemetery each week and tell A.J. I'm sorry,"
she said.
"Now, I'll tell A.J. that we got her."
If only someone could have gotten to A.J. before these horrors took
place.
Local columnist Gary Stein's column appears Sunday, Wednesday and Friday.
Back To Top