Mother held in beating death of child

GARDNER -- About a week before a 2-year-old Gardner girl died from injuries sustained in a beating the Department of Social Services was called to her home to investigate allegations that the child was being abused, an agency spokeswoman said.

Caseworkers devised a plan to have the girl live with her mother and grandmother and never be put in the care of the mother's boyfriend, who was on probation for indecent assault and battery. DSS said it was satisfied the plan would keep the child safe.

But yesterday, the mother, Michele Lepkowski, 32, was charged in Gardner District Court with beating the child, and the boyfriend, Luke Malizia, 21, who was at the home during the alleged assault, was charged with doing nothing to stop her.

Doctors who examined the girl, Raelynn Mascal, said she had died after suffering severe trauma to the head, face, and torso, according to court documents. Judge Patrick A. Fox said in court papers that Lepkowksi's beating "result[ed] in death of a 2-year-old child."

DSS spokeswoman Denise Monteiro said Lepkowksi was never considered a threat. "There was never a question of her abusing the child, up until this," Monteiro said in a telephone interview yesterday. "There was no history of any abuse alleged against the mother."

It was not the first time the agency had investigated Raelynn's family. In 2005, caseworkers received a complaint of domestic violence in Raelynn's home, said Monteiro. After they investigated, Lepkowski took out a restraining order against Raelynn's father, Patrick Mascal. He was later imprisoned, though it was not known yesterday on what charges. Caseworkers arranged a plan to put Raelynn in day care and provide counseling for Lepkowski. In 2006, the agency closed the case.

"We felt that the family had been strengthened and was independent," Monteiro said. "The child was in day care, doing well and thriving, and mother was doing well, engaged in services."

Two weeks ago, the agency was called again. Caseworkers came to the home and after talking with Lepkowksi and her mother, told Lepkowski that she could date Malizia outside the home only, Monteiro said. They told her that Malizia could not supervise Raelynn or DSS might be forced to remove the child, Monteiro said. Lepkowski's mother offered to take care of Raelynn, and Lepkowski agreed to live with her mother for the time being.

"We felt safe with that," Monteiro said.

Police were the next to hear from the family. Friday at 11:30 a.m., Lepkowski called 911, and reported that Raelynn was unresponsive. Paramedics took her to Heywood Hospital in Gardner, where she was pronounced dead. Lepkowski was also hospitalized, because she was distraught, according to her lawyer, Michael S. Hussey.

Yesterday, Lepkowski stood with her head bowed as prosecutors charged her with assault and battery on a child and reckless child endangerment. She pleaded not guilty and was ordered held on $100,000 bail. Malizia was charged with reckless endangerment of a child. Court papers said he "was present during an assault of the child and failed to act."

Malizia pleaded not guilty and was released on $2,500 bail. He was ordered to stay at home, keep away from children under 16, and wear an electronic monitoring device until his next court date June 18.

The district attorney said he is considering additional charges but did not specify them . Outside the courtroom, Hussey said that Lepkowski, an unemployed nursing home aide, is not sure how Raelynn was injured.

"She's extremely sad and distraught," Hussey said.

Hussey said Lepkowski's other child -- whom Worcester District Attorney Joseph D. Early Jr. identified as a 9-year-old girl -- was not living with her mother at the time of Raelynn's beating, because it was "in the best interest of the child." Hussey would not elaborate.

Darline Oligschlaeger, 53, a neighbor who runs a day-care business that Raelynn attended, said she was shocked at the charges. She said she had never seen Lepkowski mistreat the girl.

"She was a very good mom, very devoted," Oligschlaeger said. "I still don't believe she had anything to do with it."

Oligschlaeger said she had taken care of Raelynn for about two months last year in Munchkinland Daycare, which she runs from her home. She said Raelynn, who would have turned 3 next month, loved to play with a stuffed Elmo and blocks. "She was a sweet little girl," Oligschlaeger said.

"It's hard when you hear anything like this," Oligschlaeger said. "It's even harder when you know the child. You get very attached when you take care of them. It kills you. It really does. How can you hurt a little person like that? They look to us to protect them."

Michael Levenson can be reached at mlevenson@globe.com.