Gov. Crist signs bill releasing $1.2M to Immokalee teen raped by foster father

Gov. Crist signs bill releasing $1.2M to Immokalee teen raped by foster father
By AISLING SWIFT
Posted June 4, 2010 at 4:49 p.m.


Pierreisna Archille, upper left, her daughter, and Darlene Achille.
Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.

The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.

"The next step is obviously getting the money," said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. "I talked to Pierreisna and she is very happy. ... They're living in a small apartment. It's good news to them."

The sisters hope to purchase a home with part of the money, he said.

The Daily News normally doesn’t identify rape victims, but Achille gave the newspaper permission to identify her sister, who has a 40 IQ and the mental abilities of a first-grader. The sisters and girl have since moved to the Orlando area.

DCF settled the case in 2007 for $1.3 million, but most of it was sitting in DCF’s Federal Grants Trust Fund for two years because the Legislature must approve a claims bill before funds can be released.

On April 28, the House adopted Bill 195, sponsored by Rep. Peter Nehr, R-Palm Harbor, and a day later, the Senate passed Bill 60, sponsored by Sen. Ronda Storms, R-Brandon.

The sisters already received $100,000, the maximum allowed for a verdict or settlement without legislative approval. Filson agreed to accept less than lawyers usually receive for a lawsuit and hasn’t yet been paid.

Achille was juggling several jobs to care for her sister and niece, but the money will enable her to find transportation for her sister and part-time caretakers so she can focus on getting a full-time career as an athletic trainer.

"I know Darlene will say, because she's said it before, that this releases a lot of pressure off her," Filson said. "It's great to see them finally get the help they need."

The money will go into a special needs trust account and a trustee will be appointed.

The child was born after Pierreisna Archille had been repeatedly raped over two years; the sisters’ last names are spelled differently due to a typographical error on Pierreisna’s birth certificate.

Their 2002 lawsuit alleged DCF workers ignored past accusations about Velásquez and didn’t fully investigate. DCF didn’t dispute that the molestation and rapes occurred but it couldn’t be held liable just because a foster parent abused a child. Filson had to prove DCF was negligent.

His investigation showed that in August 1997, Achille told DCF workers she saw Bonifacio “Bennie” Velásquez molesting the 2-year-old girl that he and his wife, Josephine, were adopting from foster care. Achille also told DCF that Velásquez was “getting fresh” with her, touching her rear-end and peeking under her dress.

A DCF caseworker investigated and discredited her account, although Achille and her younger sister, Muriel, who also complained of abuse, were moved to another foster home. The toddler and Pierreisna remained.

Velásquez’s abuse wasn’t made public until 1999, when his wife died and DCF workers re-evaluated whether he could care for all the children in his home. DCF removed them, but recommended relicensing for boys only. Five days later, Archille’s new foster family alerted DCF that she was four months pregnant.

Velásquez, 74, was released from state prison in 2008 after serving 6½ years and still lives in Immokalee.

The caseworker was fired, but still has the same job working for an agency in the foster care system.

http://www.naplesnews.com/news/2010/jun/04/gov-crist-signs-bill-releasing-12m-immokalee-teen-/