One of the two women accused of tying a 7-year-old to a chair in a dark room without food and giving another 10-year-old marijuana will have her case heard before a Randolph County grand jury. Magistrate Rob Elbon ruled there was probable cause in the case and denied a bond reduction for Christina Adele Kisamore, 37, on Wednesday during a preliminary hearing.
Kisamore and girlfriend, Amanda Jane Lambert, 28, were arrested on Nov. 3 by the Elkins Police Department following an investigation. The pair are accused of tying the youngest child to a chair in a dark room without food for extended periods of time and stuffing a sock in his mouth if he would scream. The pair are also accused of giving a 10-year-old marijuana and having him help tie up the other child.
During the hearing, Randolph County Assistant Prosecuting Attorney Andy Mendelson called West Virginia Division of Health and Human Resources Child Protective Service Worker Allison Scott to the stand to give testimony. He asked Scott when she was first notified of the situation that led to the investigation. Scott said she first received a call on Oct. 22 from an individual who stated that the child was being confined.
According to Scott, she conducted interviews with three children "around" Oct. 25 in Bartow. Scott explained that the children had moved to Pocahontas County with their father after Lambert and Kisamore were evicted from their house in Elkins.
"He (the 7-year-old) gave us a wealth of information," Scott said. "He talked about being confined in his room for long periods of time."
Scott said she visited the couple's house in Elkins while the landlord was cleaning the property.
"Upon entering his bedroom, which was downstairs, the window was boarded up completely blocking any light," Scott said.
Scott said the younger child was disciplined by being locked in the room and all of his furniture, except a mattress, and toys were removed.
"There was a couch in front of one of the doors to the room," Scott said. "The other exit had a slide lock on the outside. He would be locked in with no exit."
She said that during the interview the 7-year-old talked about how he would be tied to a chair with four belts. Mendelson asked if the child identified the chair and Scott said it was described as a kitchen chair with arms.
"He said they would shove a sock in his mouth and if he spit it out they would Duct tape it in," Scott said. "He said his older brother helped tie him up one time."
Scott said the 10-year-old and another sibling, age 8, were also interviewed.
According to Scott, the youngest child said if he did not go to school he was not fed.
"He said there were times he would be locked in his room and scream for his mom out of fear and hunger," Scott said.
According to Scott, while interviewing the 8-year-old she was told he was aware the 7-year-old was being locked in the room and said he would be locked in the room with the younger child for behavioral problems.
"All three confirmed all the information," Scott said.
According to Scott, all the children were interviewed separately, from youngest to oldest. Mendelson asked if Scott was considered an expert witness in Randolph County courts to which she replied yes.
Mendelson asked Scott if the 7-year-old told her how he felt. She responded that he said, "sad and angry." He also asked if the three children were attending school regularly and Scott said she was still waiting on the records from Randolph County Schools.
When Mendelson asked why Kisamore was taking care of the kids and handing out discipline, Scott said Kisamore claimed during an interview that she provided most of the care because, "Lambert felt depressed and stayed in bed."
Mendelson asked if the 7-year-old recalled how many times he was tied to the chair.
Scott said the youngster recalled being tied up twice, once with his brother assisting Kisamore and another time with Kisamore and Lambert tying him to the chair.
She said the youth said he was locked in the room from "daylight to dark," but did not specify how long he was in the chair.
Several times during Mendelson's questioning, Kisamore would whisper and laugh quietly. Elbon stopped the questioning at one point and told defense attorney Matthew Fair to make sure his client stayed quiet throughout the rest of the hearing.
Mendelson asked Scott if the 10-year-old told her when he smoked marijuana. Scott said the child relayed that the pair handed him a "bowl that was red and black in color."
"He specifically said it made it easier to tie up his brother," Scott said.
During cross examination, Fair asked when statements were taken from his client. Scott said he did not know the exact date.
"It was after I interviewed the children and before they were present," Scott said.
Scott said the interview was conducted at the Elkins Police Department after she and EPD Patrolman W.D. Rowe went to the residence.
Fair asked if the person who first called Child Protective Services said if they saw something or if it was something they heard to which Scott responded, "both."
He then asked if Scott had spoken to any health care providers. Scott said she spoke with a representative at Youth Health Service who said the youngest child had some behavioral issues including hyper activity. He asked if she knew the child tried to start fires or broke windows
"During the interview, both Kisamore and Lambert had said he tried to set a peanut butter can on fire and that is why he was tied up," Scott said. "They said he previously broke a window in the house."
Fair then asked Scott how she knew a couch was blocking the door of the bedroom since the house was vacant and the items were removed when she visited. Scott said all three of the children and the landlord confirmed there was a couch there.
"You indicated there was a sock in his mouth," Fair said in questioning Scott. "How many times?"
Scott said the sock was placed in the 7-year-old's mouth once without Duct tape and once with Duct tape. Fair then asked where the children were interviewed and if it was recorded.
Scott said the interviews were conducted at the father's residence in Bartow on the front porch of the house with the West Virginia State Police present and that the interview was not video taped or audio recorded and that she did not take notes.
"Did he indicate the time he was locked in the room other than from daylight to dark?" Fair asked.
Scott said he did not indicate a time and there was no clock in the room.
Mendelson was then given the opportunity to ask followup questions. He asked if the child urinated on himself while he was tied up and Scott responded, "Yes." He also asked if the window that was boarded up was broken and Scott said it was not.
"Did you find the bowl?" Mendelson asked.
Scott said a bowl matching the description given by the 10-year-old was found in the couple's belongings when she and Rowe went to the residence where Kisamore and Lambert were staying.
After both attorneys ended their questioning, Fair made a motion to have Kisamore's bond reduced from $25,000 cash or surety to $5,000 cash only.
"She is no flight risk and is not a danger to the public," Fair said.
Mendelson said the state believed the magistrate considered everything and the bond was proper.
"I think it would be a slap in the face to reduce the bond to $5,000 cash only," Mendelson said.
Elbon said he was the magistrate who set the bond and his intention was to make it cash only, but made a mistake on the paperwork and it included surety.
"In light of the circumstances I am not going to reduce her bond," Elbon said. "It will remain $25,000 cash or surety."
Elbon ruled the state provided probable cause in the case and moved the case to Randolph County Circuit Court. Lambert's preliminary hearing will be Friday at 1 p.m.
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