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1296650314361
another son.
'Heartbroken' judge faces
scrutiny after Khalil Leak's However, Davidson — Westchester Family Court's
supervising judge — citedmedical reports that she
death said might explain his injuries. The baby boy had a
vitamin K deficiency, which causes bleeding and
bruising. He had been hospitalized several times in
Family Court Judge Kathie Davidson held the fate of his first months of life; some of the injuries were
2-year-old Khalil Leak in her hands. weeks old and had not been detected by doctors
before.
Westchester County authorities said the boy, who
had a bleeding brain and broken bones, had been
beaten badly. But Davidson found that the county The judge criticized the doctor who testified for
didn't prove its case, offering medical evidence that DSS, saying the doctor hadn't looked at many of the
she said required "mental gymnastics" to boy's earlier medical records. And she spoke
understand. favorably of the parents, saying they showed an
"appropriate level of concern" for Khalil and did
So she sent the toddler home to the parents their best to get him timely treatment.
suspected of abusing him, ruling on the case after
acknowledging she knew the New Rochelle boy's The judge noted the boy's law guardian, Lisa Colin,
grandmother. supported his return. She made no mention of
Richard Leak's criminal past and seemed to
Seven months later, Khalil was dead. His father, downplay the fact he had tested positive for
Richard Leak, is charged with murder, accused of marijuana days earlier.
smashing the boy against a hard surface, fracturing
his skull and ribs. Though the county DSS had supported the long-
term goal of reuniting Khalil with his parents, it
The tragic outcome has made Davidson a target of opposed the judge's decision to return him in June.
criticism despite her reputation as a fair, caring
judge. Even her most ardent supporters are second- The agency filed an appeal that was pending when
guessing her decision. the boy died. DSS representatives are scheduled to
discuss the case with a county legislature committee
"She was trying to be fair and judicious, but this was Tuesday.
just a bad mistake," said Orial Redd, former
chairwoman of the Black Democrats of Westchester, Cathryn Lavery, who chairs the criminal justice
who nominated Davidson for county clerk in 1997. department at Iona College, questioned Davidson's
"I'm sure she just regrets it." connection to the child's grandmother, calling it "a
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Davidson has been described by a court official as
"heartbroken" over Khalil's death.
Boy's bruises
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"I want to let her know I love her and that I'm so
sorry that this happened," she said. "The practice of
law is not a perfect science."
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judgments cry out for more scrutiny. old daughter. (Vincent DiSalvio/The Journal News)
'Terrible accident'
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Three days later, Leak bought more than $800 worth The mother called a baby sitter who lives in the
of merchandise with three credit cards that did not same building, 345 Main St. She went to their
belong to him. apartment to perform cardiopulmonary resuscitation
on the boy and called 911 at 1:15 a.m. Sunday,
Then, on Jan. 4, 2006, the ex-girlfriend got an police said.
order of protection against him.
Khalil was then taken to the hospital and
She later told police that he repeatedly called her on pronounced dead at 2 a.m.
her cell phone and at work for the next two weeks in
violation of the court order, demanding to see their The Westchester Department of Social Services
son and threatening to hurt her. removed Khalil from the home in early 2009 after
the boy was treated at the hospital for brain, rib and
Leak was arrested in mid January and eventually leg injuries.
charged in all three cases.
He stayed with a relative while an investigation
He pleaded guilty later that year to second-degree
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assault, fourth-degree criminal possession of stolen
property and criminal contempt, and was given two
consecutive one-year jail terms.
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proceeded.
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Richard Leak
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