$5,000 bail set for Middleborough mom in child 'torture' case

March 27, 2008 02:49 PM Email| Comments (0)| Text size – +

By John R. Ellement, Globe Staff

WAREHAM -- The woman whose 7-year-old son was allegedly burned with cigarettes by her boyfriend is no longer a danger to her child and can be freed from jail if she posts $5,000 cash bail, a district court judge ruled today.

Michelle Henry, 30, is charged with reckless endangerment of a child for allegedly allowing her boyfriend, David Privette, to slap her son with a belt and burn his penis, buttocks, and pelvic areas with cigarettes. The abuse allegedly occurred between Dec. 19, 2007 and March 17, the day the child told a Middleborough school nurse that he had been harmed.

During a dangerousness hearing today, Middleborough police Detective Timothy Needham testified that the boy told investigators that his mother saw him bleeding from his buttocks after Privette had beaten him with a belt. The boy also told investigators that his mother had warned him to keep silent about the attacks, according to Needham's testimony.

The Department of Social Services and the Middleborough school superintendent have both admitted they failed to properly protect the child. DSS now has custody of the boy and his 3-year-old half sister.

While openly skeptical of DSS, Judge Brian Merrick said Henry cannot be considered a threat to her children because she no longer has access to them. He set bail at $5,000 and ordered Henry to stay away from her children or all other children.

Henry's defense attorney, 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.

Plymouth Assistant District Attorney Laura E. Weierman said DSS was alerted five times between Dec. 19 and March 17 that the boy was in danger. She also said Henry called police three times in the past -- but not once to protect her son.

The boy's biological father, Delgardo Henry, attended the hearing. He said he is looking for an attorney to help him regain custody of his son. He said he has not seen his son in three years because his estranged wife obtained a permanent restraining order against him in Brockton District Court.