$5,000 bail ordered for mother accused of allowing boy's torture

Juvenile judge is named state's 1st child advocate

Michelle Henry, 30, was barred from seeing her children if she posts bail. (ROBERT E. KLEIN FOR THE BOSTON GLOBE)

WAREHAM - A Middleborough woman accused of allowing her boyfriend to torture her 7-year-old son was ordered held on $5,000 cash bail yesterday as the Patrick administration appointed the state's first child advocate.

Plymouth prosecutors tried in Wareham District Court to have Michelle Henry, 30, declared sufficiently dangerous that she would have to be held without bail.

But after a hearing that lasted nearly an hour, District Court Judge Brian Merrick concluded that Henry poses no threat because her son and 3-year-old daughter are now in the custody of the Department of Social Services, and he ordered her held on $5,000 cash bail.

"She witnessed (at least) the long-term and repeated torturing of her young son," Merrick wrote in his decision. The judge barred Henry, who is on disability, from seeing her children if she posts her bail.

Henry has pleaded not guilty to reckless endangerment and assault and battery on a child causing serious bodily injury.

Her boyfriend, David Privette, 22, has been charged with burning the boy's genital area with cigarettes, beating him with a belt, and urinating on his head. Privette has pleaded not guilty and is being held without bail.

The boy reported being abused three times to school officials. DSS has acknowledged it failed to protect the child.

Yesterday, the administration announced the choice of Juvenile Court Judge Gail Garinger for the post of child advocate, a job created by executive order that is aimed at providing an independent voice on behalf of children and families inside the four main social service agencies, including DSS. "I don't expect miracles," Garinger said in a phone interview. "But I think if we all work together, maybe we can do some things that will better serve kids and families."

Garinger, who is accepting a $4,000 pay cut to take the job at $125,000 a year, would not comment directly on the Middleborough case, but said that if she concludes that the DSS or any other agency did not fully investigate its mistakes, she is prepared to launch an investigation.

Garinger is set to take over her new job April 28.

Henry's estranged husband, the 7-year-old boy's father, was in court yesterday and said he has not seen his son for three years because she obtained a restraining order barring him from contact.

Delgardo Henry said in an interview after the hearing that he was convinced that Michelle Henry knew what was being done to his son and called her evil, but also said he would post her bail if he had the money. Delgardo Henry, who works for a Rockland canvas making company, said he cannot afford a lawyer but hopes to find one willing to help him fight for custody of his son.

Also in court was Julie Tarr, a Brockton woman who said she was a friend of Henry's until these allegations surfaced. Tarr said she contacted DSS in January to report her fears that Privette was a danger to the children and that Henry would not protect them.

Tarr, who said she has been involved with DSS with her own family and considers the agency her lifeline, said she became concerned after Henry's daughter appeared fearful of Privette.

"I told them that her 3-year-old daughter told me that David . . . had hurt her and that I was worried for the children," Tarr said outside the Wareham courthouse. She said she was not concerned about the boy, however, and saw no signs of abuse at that time.

She said a DSS worker promised to contact her, but Tarr never heard back. She called the DSS office in Plymouth again in February and also never heard back.

A DSS spokeswoman said last night that the agency was investigating whether the 3-year-old girl had been abused and was trying to check its records regarding Tarr's allegations.

In court, Plymouth prosecutors said DSS had five reports of abuse or neglect filed between Dec. 19 and March 17, when authorities finally paid attention to the boy's assertions.

Detective Timothy Needham of the Middleborough police was the only witness at the dangerousness hearing. He testified the boy told investigators his mother saw him bleeding from the buttocks after he was allegedly beaten with a belt by Privette, but she did nothing.

After her arrest, Henry never asked about her children, said Needham. "All she asked was what was going on with her."

Henry's defense lawyer, Rachel E. Seeley-Ruel, said Henry has a history of mental illness and has been treated for bipolar disorder, chronic depression, and anxiety for several years prior to the alleged attacks on her son.

Delgardo Henry spoke proudly of his son, whose nickname is Rocky, for reporting the abuse.

"I think he is courageous," he said. "That's why I named him Rocky. He's a strong kid. I'm not worrying about him. He is going to be somebody. Maybe he will be a president. Who knows?"

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