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State v. Combs9/25/2002
layed "rough," was "very clumsy," and "fell a lot on the pavement." She was outgoing, but did not have a boyfriend or any outside friends. Joseph also claimed that punishment of the Combs children took the form of restrictions on their television privileges and/or their liberty ("grounding") and that he had not spanked any of the children since they were small. Joseph informed McCauley that Esther was adopted, but he did not recall where the adoption occurred. Joseph was stuttering and shaking while McCauley questioned him. She asked him to sign a statement. He refused.
The statements Detective McCauley received from Evangeline Combs were very similar to Joseph's, to wit: she had never seen the scars; she was unaware that Esther had any scars; Esther was clumsy and slow; she fell a lot on pavement; she was outgoing and rough; she cooked a lot, which may have caused any burns that she suffered; the children had not been spanked since they were very young; and Esther was adopted. Evangeline did not recall where they had adopted Esther. She told McCauley that she would find out and give this information to her, but, according to McCauley, this never happened.
On March 5, 1997, shortly after her release from the hospital, Esther visited Dr. Stiefel for follow-up care. Joseph and Evangeline Combs accompanied her to Dr. Stiefel's office, and Evangeline went with her into the examination room. Esther did not give Dr. Stiefel any new information as to the cause of her hospitalization and she reported no additional problems, other than a recent burn wound on her right third finger. She returned three weeks later, on March 26th. The burn wound on her finger was healing.
At approximately 8:00 a.m. on March 24, 1997, McCauley accompanied a number of police officers and firemen with a search warrant for the Emanuel Baptist Church, the location of the Combs family residence. The search warrant permitted inspection of the premises for safety and fire code violations. They knocked on the doors and could hear people talking and moving around inside the building, but no one responded. The officers also telephoned the residence, but no one answered their calls. After attempting to gain entry for almost three hours, the officers finally forced the doors open with a crowbar and entered at approximately 11:00 a.m. The entire Combs family was inside the building and still wearing their sleepwear. Joseph and Evangeline Combs claimed that they did not hear any knocking on the door and that they were unaware anyone was outside. The police officers and firemen began an investigation of the interior and took photos which revealed, among other things, the following conditions: piles upon piles of trash bags, with pathways in between them; mice in the kitchen, some dead, with mouse feces scattered about; pools of black liquid in and under the kitchen sink; piles of dirty dishes and spoiled food; a large room with numerous beds and televisions; cats, birds, and other animals living inside.
On July 28, 1997, Detective McCauley filed a lawsuit on behalf of Esther Combs, the purpose of which was to appoint a guardian ad litem and conservator to ensure that Esther received medical care, education, medical insurance, opportunities for employment, a driver's license, and other standard personal documentation, such as a birth certificate, Social Security card, et cetera. In an order dated September 11, 1997, the court appointed attorney David William Tipton to act as Esther's guardian ad litem. A hearing date was set for October 3, 1997. On the day of the hearing, Esther failed to appear. David Tipton, Detective McCauley, and Joseph Combs were present, however. According to McCauley, Joseph claimed that Esthe
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