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Erin Maxwell Was Not Playing Pirates

September 28, 2008 by impqueen  

Filed under: Child Murder, Child Neglect, Hanging, Murder, Rape, Sexual Abuse, Sexual Assault, Strangulation, Suspicious Death 

UPDATE 10/7/08 – Alan Jones has been arrested and charged with second-degree murder in the strangulation death of Erin Maxwell.  Jones is Erin’s adult stepbrother who was home alone with her at the time of her death.  Also arrested were Erin’s father, Lindsey Maxwell, and her stepmother, Lynn Maxwell. They are each charged with six counts of endangering the welfare of a child. Alan Jones is being held on $100,000 cash or $250,000 surety bond.  The Maxwells are each being held on $2500 cash or $5000 surety bonds. Warrants were issued FridayFriday reviewsFriday reviews after indictments were handed down by a grand jury in the case.

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Alan Jones, Lindsey and Lynn Maxwell

Our member RMiles has pics and video at his blog, Shadowscope – thanks, Richard, for the update!

Erin Maxwell on dreamindemon.com

Palermo, NY - Erin Maxwell died on AugustAugust reviewsAugust reviews 29, 2008.  She was eleven years old.  This week her cause of death was ruled a homicide, but her family says that the medical examiner is wrong.  They say that Erin’s death was a tragic accident caused by her roleplay of the opening scene from the movie PiratesPirates reviewsPirates reviews of the Caribbean: At World’s End.   That movie opens with a young boy singing the pirate’s shanty “Hoist The Colours” with a noose around his neck. At the end of the scene, the child is hanged.  Erin’s family says she must have been playing pirates.

But a child’s game doesn’t explain Erin’s official cause of death:  homicide by asphyxia with sexual trauma as a contributing factor.  I’m pretty sure that Erin Maxwell didn’t rape and strangle herself.

On the evening of August 29, Erin was at home alone with her stepbrother, Alan Jones, 27.  Jones called 911 at about 5:20 p.m., saying that Erin had tried to kill herself.  Jones told police that he had found Erin standing in her room, a green cord tied tightly around her neck.  Jones further said that a rope was tied to the green cord and then attached to a screw on Erin’s window.  Erin was alive, but only just.

Erin was taken to the hospital, where she died later that evening.  She was survived by her father, Lindsey Maxwell, 35; her stepmother, Lynn Maxwell, 53; and her stepbrother Jones.  She may also have had other siblings in the home, although I haven’t confirmed that.  Erin’s mother lives in Nevada.

Almost immediately, Erin’s death was investigated as a homicide.  For one thing, most eleven year olds don’t commit suicide.  But that alone didn’t do it – the evidence of recent rape did.  Erin wasn’t hanged; she was strangled.  So it’s not likely she was singing “Hoist the Colours”.  More likely, the little girl was praying for someone to save her.

When investigators arrived at the family home, they were appalled.  Over 100 cats were in the house.  The master bedroom was, by all appearances, a giant litter box.  No trash removal service was in place, so months of accumulated trash was piled on the porch.  The stench was overwhelming, and there was a three-foot pile of feces on the floor.  TwelveTwelve reviewsTwelve reviews dead kittens were being stored in the home’s freezer.  Also inside the house were two chickens and a snake.  Outside in a shed, police found an emu, a pot-bellied pig, several geese, and more chickens.

Makes you wonder why nobody called the Department of Social Services, right?  Oh, except they did.  Erin’s school hotlined her at least twice.  The last visit, in 2006, was closed out because social workers said that the family was cooperating, and that conditions were not bad enough to remove Erin from the home.

And yet Erin had allegedly been seen eating out of the garbage at school and hiding food.  Teachers have said they were washing Erin’s clothes themselves to help with the smell.  She was terribly thin, and sometimes kids threw soap at her.  But that wasn’t enough to get Erin help?

This poor baby reminds me of Rowan Ford.

The family has lawyered up.  They say Erin’s death was a Johnny Depp-inspired accident.  Their attorney is brushing off the rape findings, saying that the ought to be looking at her maternal family, since Erin visited her mother in Nevada from late June until early August.

But I noticed that the picture I’m using of Erin is the only one I could find that wasn’t a blur – and it was taken by her mother’s family in Nevada.   The house in which Erin is sitting in that picture is clean.  There is no rope around her neck.  In the picture above, Erin looks happy.  I’m wondering why they didn’t just go to court to keep Erin there.  Did they not know things at home were so bad?

Fact of the matter is, Erin got home alive and just fine on August 11.  Three weeks later, she was left alone with her adult stepbrother, was strangled and raped, and died. Johnny Depp didn’t do it.   But maybe, just maybe, someone closer to Erin did.

Alan Jones, Lindsey Maxwell and Lynn Maxwell have all been named persons of interest in Erin’s death.  Their house has been condemned by the city of Palermo.  And their actions – or inactions – are being condemned here.  You hateful bastards.  Couldn’t you care a little bit more for Erin than to let her live like that?  Couldn’t you care a little more than to let Erin DIE like that?

ShameShame reviewsShame reviews on you, Lindsey and Lynn Maxwell.  Shame on you, Oswego County DSS.  Shame on you, Erin’s mother.  Shame on everyone who thought it was being handled, or didn’t want to get involved.  And shame on you, Alan Jones.  Because I suspect you might have killed Erin to cover up your sins.

Nobody has yet been charged in Erin Maxwell’s murder.

Hippiepoet is using the eff word about this case in our forums with SoUncool – thanks!

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Comments

  • yogaluvr
    Dad and stepmom serving 2 years in county jail for child endangerment.

    Stepson found guilty In September and sentenced to 25 years to life on November 16, 2009.

    Interesting reading on the following link... I hate to say it, but at least in this article these people sound halfway literate and certainly not what I expected. I don't really have an opinion on the case, one way or the other, because I didn't follow it closely enough to form one. However, it doesn't seem to have been as simple as what I think most of us assumed from the beginning. For example, there was no DNA on the rope, other than Erin Maxwell's.

    http://www.syracuse.com/news/index.ssf/2009/11/...
  • Reputable
    I apologize if this is a repeat news article.

    Do Something
    Child protective officials must be held accountable for protecting kids
    http://blog.syracuse.com/opinion/2009/03/do_som...

    I really have to wonder if the people responsible for the welfare of children really care? Is it a paper shuffle job? Did anyone even go out and investigate or was a phony report written up? Maybe they should give everyone involved from state agencies with this case and other cases lie detector tests to make sure they are telling the truth and really doing their jobs before tragedies like this happen.
  • thatsmallgrl
    That, I live near there too…. It’s nice to know that if I and my future wife have kids, we can lock them up and keep them in crap conditons, just don’t strave or beat them


    No No, you don't have to feed them in this area. According to our wonderful CPS your children only need one meal a day. That apparently suffices.
  • Kdogg
    That, I live near there too.... It's nice to know that if I and my future wife have kids, we can lock them up and keep them in crap conditons, just don't strave or beat them
  • thatsmallgrl
    I live about 20 minutes or so from where this happened, so I've been following this horrific story closely. And if you needed anymore anger towards CPS here you go. They released their reports on the two visits they made to her house 2 years ago. It's a shame, clearly from this report she should've been taken out the FIRST time they were there, let alone having to go back a second time and still thinking this was ok. http://content.news10now.com/syrcontent/pdfs/Ma...
  • Radly
    woman looks like the mom from the Goonies.
  • Kdogg
    The saddest thing about this case... is the message it sends... if my cousin's kids ticked me off enough (and I NEVER would in a millon years, EVER) I could just do what the "dad" and stepmonster did and get charged with a misdomner. Anybody else (*&&ID) off by that?!
  • rebecca rose
    I am so sorry baby girl. I am so sorry for you. I do not know you but my heart is broken for all that you have had to endure. I'm sure no one can even begin to imagine what you have probably been through. I hope wherever you are now that you are happy. There were obviously people who were worried and cared and if they could have, they would have saved you.
    It is disgusting to think that the wrong people had the opportunity to help. They should be disgusted with themselves. I cannot believe that this has happened to you and can not wrap my brain around how someone could have done this to another human being. Know that your life has meant something and that you have affected people who don"t even know you. That we care and have shed tears for you. You are beautiful and did not deserve this. Damn them all to hell for what they have done to you. They are monsters who do not deserve anything less than the worst. I have to believe there is something better after death so I at least can take comfort in the fact that you are better off and surrounded by all the love that you have always deserved. You are and always have been and angel. May god bless you and keep you always.
  • justmeintn
    in case anyone is intrested, here is a link from my local paper. http://www.syracuse.com/oswego.....amp;coll=1Oh yes, the family is trying to raise bail for her “dad” and worthless stepmother. Is it any wonder none of them cared about her abuse?


    After reading that article I am speechless. Someone should has pressed CPS to keep investigating.

    From the article:"It was arranged with Erin that she could come up to my desk in the morning when other kids were having their breakfast and help herself. That seemed to solve the problem with Erin stealing food." "Brown said she ended up personally paying for Erin's lunch."
    The principal paid for this kid's food.

    I see everyone tried to help her. That article has gotten to me. Poor Erin, may you live happily now in God's arms.
  • Kdogg
    in case anyone is intrested, here is a link from my local paper. http://www.syracuse.com/oswego/index.ssf?/base/...
    Oh yes, the family is trying to raise bail for her "dad" and worthless stepmother. Is it any wonder none of them cared about her abuse?
  • Kdogg
    As someone who lives near the area, this arrest has been a long time coming. This poor girl would be locked in her room for periods of time with no way to get out. Many times she was locked away when relatives came to visit. Apprently CPS missed that as well. This case angers me to no end. There were so many chances to save this girl and people that tried to help but apprently if she wasn't being beaten and was given the minimal amount of food she was fine.
    This case is tragic on so many levels but to me also shows why some abused children kill their abusers. When the system fails them, what are they supposed to do?
  • Zibarro
    Hopefully they (at least the stepbrother) will be convicted. What concerns me is the fact that she was strangled AND raped. Obviously if they had more evidence Jones would have been charged with Rape as well as 1st degree murder.


    It's possible she wasn't raped at all. There was a case years back where someone was charged with sexual assault on a child and that person fought tooth and nail to have another examination - claiming innocence. Turns out -- they were innocent. It was some kind of infection in the genital area... but conclusions were jumped to. Perhaps that is what happened here? I mean.... if that poor kid lived in that kind of filth.... and her teachers are having to wash her clothes (and this is summer break - no teachers = no clean underwear) perhaps... just perhaps this child had a raging infection from her living conditions? Perhaps the initial thought was rape (over zealous M.E.?) Just a thought as to why he wasn't charged with it. I could be wrong.... Or... could be both... and that would make it "inconclusive" which means tough to prove.

    Well I’m 51 and my wife is 33. Her mom is only about 6 years older than me. But that woman looks a lot older than 53! People think I’m in my early 40’s.


    There's a huge age gap between me and my fiance` as well. Some guys like older women.. and visa versa. However --- WTF did he see in HER? She looks more like his grandmother!!
  • Moonlight
    Anyone think the age gap between dad (35) and step mom (53) was a little odd? I mean the dad is closer to the son’s(27) age than his wife’s.


    Well I'm 51 and my wife is 33. Her mom is only about 6 years older than me. But that woman looks a lot older than 53! People think I'm in my early 40's. :)

    I didn't think their ages were that odd, but that she looks so old.
  • Wonder
    the dirt is depicable - how on earth did CPS allow anyone to stay in that residence?
    in the main article it says rmiles has videos on his blogs can you explain where to find them please.

    This is the link given http://www.shadowscope.com/

    help plz ;)
  • mjmsepm
    YAY!!! I am so happy they are being charged. It was clear the step-brother did it! Now he will be raped in prison where he belongs!!!!
  • Hopefully they (at least the stepbrother) will be convicted. What concerns me is the fact that she was strangled AND raped. Obviously if they had more evidence Jones would have been charged with Rape as well as 1st degree murder.
  • Scooter
    I am glad this is solved.
  • sugarglider
    Good.
  • Jnett
    Why!@#$% Reading this made me cry, and thenI read about her living conditions on top of that. Her so called family deserves worse than rotting in hell!
  • ScotchyScotch
    Awesome!!! Justice is heading their way...
  • Thanks - article updated with a link to your blog and a hat-tip to you.


    Thanks. I certainly appreciate it. Dumbass me, I know all their names but when I originally published my entry I titled it "Did Alan JACKSON kill Erin Maxwell". Thanks to Steve Huff for catching me so i could correct that.
  • Look at that sweet child...

    Fucking people, fuck courts, just take them out back and strangle them. Eye for an Eye.. Let's sit in prision, waste our hard earned money, while you get everything paid for, while we struggle...

    Get people like this off of the earth.
  • State Police have arrested Lynn and Lindsey Maxwell on six counts child endangerment each and Erin’s murdering fuck step-brother Alan Jones has been charged with 2nd-degree murder.


    Thanks - article updated with a link to your blog and a hat-tip to you. :)
  • State Police have arrested Lynn and Lindsey Maxwell on six counts child endangerment each and Erin's murdering fuck step-brother Alan Jones has been charged with 2nd-degree murder.
  • Nerdzilla78
    This story actually reminds me of Dave Pelzer (and Richard Pelzer), who wrote, "A Child Called 'It'" and it's follow up books. Horrendous living conditions, an unfed child, etc... ugh.
    Poor girl, I hope she's at peace now, and that every single person who failed her pays for that, and that every single person who tried to help her can find comfort in what they tried to do for her.
  • Wonder
    reminds me of jaileen the Hottie o_O lol
    awww lets not forget Amy Moolic with the Crazy eyes even O__O

    or

    Jean Lewelling & Donald Collins Are In Deep Shit

    http://www.dreamindemon.com/2008/05/16/jean-lew...

    Very sad day for Erin's Love Ones ... so very horrible - haven't the faintest why this stuff goes on...... grrrr I hate Evil People !!!
  • lapsus.lingua
    And if all these animals were still alive…they were at least eating something….while Erin was searching through the garbage?


    Excellent point! And now that you mention it, step-monster and her way-too-old-to-be-living-at-home son don't look like they've missed any meals, either.

    I tip my horns to those who take on this profession and manage to never give up!


    Thank you. It's not easy, anyway, but when you have one hand tied behind your back most of the time, it's extremely frustrating.

    As a teacher, I had a student who came to school daily REEKING of animal piss, excrement & just plain dirty rumpled old clothes. The stench was over-powering & gag-inducing.I called the family - mom claimed it was a “medical” issue on the little girl’s part…. a cat pissing on your clothes & you not washing them is a MEDICAL issue??? Mom ignored my calls/notes.I call Family & Children’s - she was fed, not abused…. so the stink was not taken seriously. Nothing was done.I washed her clothes, provided deoderant, had a public health nurse in who did a unit on hygiene…to no avail.I bet those teachers DID call about the lack of food & stink, got NOWHERE (as I did)… and did what I did - fed her & tried to clean her as best they could to minimize her trauma….Sometimes…. there just isn’t enough you CAN do…..It sickens me.


    This happens because of the definition of "physical neglect" in the family code. It's not broad enough! Basically, if the child has food, clothing and shelter, there is not a lot CPS can do about them being stinky, because that does not fit the statutory definition of neglect. Blame the legislature. Sad, but true. And damned frustrating.
  • lapsus.lingua
    Oh, Holy GAWD! The house was so bad that it was condemned by the city...yet CPS felt it wasn't bad enough to remove the child?!? What is their employment criteria in NY?I understand that "filthy" is subjective, but SHEESH! Sounds like a little better pre-employment screening, or perhaps some major in-service training, is in order in NY.
  • LL44
    As a teacher, I had a student who came to school daily REEKING of animal piss, excrement & just plain dirty rumpled old clothes. The stench was over-powering & gag-inducing.
    I called the family - mom claimed it was a "medical" issue on the little girl's part.... a cat pissing on your clothes & you not washing them is a MEDICAL issue??? Mom ignored my calls/notes.
    I call Family & Children's - she was fed, not abused.... so the stink was not taken seriously. Nothing was done.
    I washed her clothes, provided deoderant, had a public health nurse in who did a unit on hygiene...to no avail.
    I bet those teachers DID call about the lack of food & stink, got NOWHERE (as I did)... and did what I did - fed her & tried to clean her as best they could to minimize her trauma....
    Sometimes.... there just isn't enough you CAN do.....
    It sickens me.
  • gm OF 10
    These three are fucking human waste// Did you see their pic's??? We have skunk lady, her boy=toy husband, and what the hell is the 27 year old living with them ?? He belongs in the Renasssance fair, he lives in their fantasy world..This POOR little girl, my heart grieves for her, what she had to endure in her short little life is horrific. May she be happy and clean where she is now..
  • Cheeky, this is why I want back in.
    I had a client who was a "cat lady" and I know that smell. I can't believe the teachers didn't call anyone and demand help for this child.
    I am thinking what torment this poor little girl went through with no escape. If it wasn't her loved ones at home, it was the heartless cruel peers of hers in school. I am sickened by what she went through and that's not even adding in the physical abuse/molestation. OMG! This poor baby.

    When people sit back and do nothing or as soon as one door is closed and they give up, they become part of the problem. I would never let doors shut in my face when it came to my clients.
    So many workers are burned out and that is sad. On the same note, some just stopped caring about their jobs.
    When a CPS worker sleeps at the wheel, they should be charged accordingly. OK I'm going off on a tangent...anyway....

    Cheeky, I know your passion and I feel that you are a great service to others. I wish you the best and I pray that this does not change who you are. I know you will always fight for the good guys!

    Also, her case reminds me of this girl I read about back in early 90'. The child also had lived in deplorable conditions. Her mother chained her in the house and often the child would miss weeks of school as a punishment. CPS turned a blind eye to the entire thing and if it weren't for the little girls teacher being so persistent, this child would have died.
    Her mother bit off part of her ear. She had scars on her neck, wrist and ankles from being shackled. It was horrible. The girl (with help from others) sued CPS and was offered a settlement in exchange for a gag-order. She declined. Her story was told in a magazine I read. Can't remember which magazine I read it in and I want to search on her to see how she's doing now but I can't remember her name. She's probably in her early 30's.
    If anyone's heard this story, please let me know.
  • CassieMomma
    Anyone think the age gap between dad (35) and step mom (53) was a little odd? I mean the dad is closer to the son’s(27) age than his wife’s.


    That's the first thought that popped into my head and I actually read it twice to make sure I wasn't transposing my numbers.....

    Damn. Just damn. Everyone let let this little girl down. If I had been her teacher, I would have called every damn day. If i’d seen a child eating out of the garbage, i’d have called every day. If I had been a neighbor i’d have called every day.


    I agree, they were washing her clothes, but that wasn't enough. I actually cried a little bit at the end of this story. So preventable and so horrific for someone to live that way. Where was her mother??????
  • Peeperann
    Cheeky, you can’t finish your degree quick enough to suit me, either.


    Amen. Hurry Cheeky.........

    Damn. Just damn. Everyone let let this little girl down. If I had been her teacher, I would have called every damn day. If i'd seen a child eating out of the garbage, i'd have called every day. If I had been a neighbor i'd have called every day.

    WTH people?? Where the fuck was the bio mom? Why was she so bad she didn't have custody of Erin? How could she have not known how Erin lived?

    And DSS said the housing problem was "A change of lifestyle"???

    I have called DSS on people before. It has helped once in awhile. But not often. People need to call everyday when something is like is. And if you threaten to alert the media, it usually gets a response.

    Erin God bless you. You're safe and happy now.
  • mammasweets
    WELL FUCK!

    I have a nice place in mind for this fuckers sword. She would have lived in more hygienic conditions in a damn tent in my backyard. Min standards of 1 meal a day? You mean at school when she was picking food out of the trash and hoarding food? Was it normal for her teachers to wash her clothes for her and to have kids throw soap at her? I don't recall ever having to put up with that even in my smelly kid stage.

    CPS pay scale needs an overhaul. While we are at it so do the Min Living standards they follow.

    We failed this little girl.
  • I don't read the front page on a regular basis, the things people do to each other and especially to children can be overwhelming.
    I don't have to imagine how hard it is for CPS workers to deal with these things on a daily basis, two of my best friends work for CPS & SAS (sexual assault services).
    They DON'T take their jobs lightly, they do everything they can on every single case, and are often as frustrated as the rest of us by the rules they have to follow, and the limits of what they can do to help.
    Never mind reading about these cases...try being the one responsible for investigating and making determinations on five (or more) of these cases at a time...it's not a job you can leave at the office.
    It doesn't surprise me that compared to other jobs there's an extremely high turnover/burnout rate, and guess what...the pay isn't all that great.
    There's no doubt that there are employees who have become so disillusioned by the system that they should no longer be doing this job however...
    I tip my horns to those who take on this profession and manage to never give up!
  • WTF???
    I am deeply disturbed at the fact that the family is Lawyering up. Protecting a rapist? I'd cut off his dick and sew it to his eye balls. MFr. Geeze!!!!! WTF is wrong with people these days?

    And that house...WTF is wrong with the Social Workers? Where the hell was someone to help this poor little girl???? Conditions weren't that bad?? Was the Social Worker named Nelda Merissant? http://www.dreamindemon.com/forums/showthread.p...

    As for the others involved in this child's life -Why didn't the teachers/principal call again? It's been 2 years and nothing. I want answers! If they have to wash the clothes due to the stench, that is reason to call in an investigation. I hope they all rot in hell for failing this child.

    I know what the smell of the litter box does with 3 inside cats. We should have stock in friggin Tidy Cat, we use so much. It's an endless cycle of scoop and dump. Lazy Mfr's. God this pisses me off.
    Yeah, go ahead and lawyer up people cause you're going to need it. Feeding your daughter to a wolf.

    As for the family in Nevada. Lawyers make me sick because they wouldn't had given a shit without that $2-$10k up front. Don't care about the child at all. Many people don't have that kind of money laying around. Family would have had to of shown proof of neglect which would have been hard if DSS in her state wasn't on doing their job. DSS in Nevada wouldn't had done anything either because it was out of state. Most they would have done was advise.

    Why didn't Erin's mother have custody?
  • Scooter
    This saddens me that people don't care about their children and want to hurt them. imo i think the step brother had something to do with her murder and rape, why is a 27 yr old living with his mom, seems to me he's a loser. They all are loosers!.
  • solange822001
    How fucking convenient:

    "First, I want to emphasize that Department of Social Services child protective investigation records are confidential from public disclosure. However, Social Services Law 422-a, known as Elisa’s Law of the Child Protective Services Reform Act of 1996, provides guidelines on the information that DSS can share in the event of a child’s death."

    Remember in the death of Danieal Kelly, the grand jury determined that was one of the many reasons why DCS can NEVER be held accountable for their fucking actions, because there is no transparency and they hide under the stupid confidentiality law???? Even though the child in question is DEAD?

    http://www.dreamindemon.com/2008/08/04/dana-poi...
  • solange822001
    "No one was willing to talk to us on camera, but the witnesses to the inside of the house told me the door to the girl's bedroom was cut off at the top leaving a gap high enough for an adult to look in, but too high for a child to see out. The door had an exterior lock. In addition they told us the bedroom door was caged in by chicken wire with yet another lock on a gate."

    http://www.wstm.com/news/news_story.aspx?id=192168
  • solange822001
    Second verse, same as the first....

    I dont even know what to say, I'm tired of my usual "what the fuck is wrong with the department of child services?!!". How many times can I say the same thing over and over....
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