The Family Court in this case is doing precisely what the constitutional guarantee against compelled self-incrimination forbids: It is exerting the court’s coercive power to force Ms. Pritchett to give testimony that could expose her to criminal prosecution
On
Thursday, the Brooklyn Family Court judge asked the woman the question for the
seventh time:
Where was
Jacob?
Jacob
Pritchett, an 11-year-old so small that his neighbors in Brooklyn thought he
was no older than 7, had not been seen for months. The police and a child
welfare case worker, prompted by a call to 911, had gone to his Brownsville
apartment on Oct. 1 to find him. But the woman who answered the door,
Jacqueline Pritchett, told them she had never had a child, reported The New York Times.
The
apartment was spotless and had the pungent scent of cleaning products, and the
police could see toys in the bathroom and in the closet, according to court
transcripts. But Ms. Pritchett, 50, continued repeating her claim even after
Judge Dawn Marie Orsatti issued a civil warrant on Oct. 10, charging her with
contempt for not revealing where her boy was, and sent her to Rikers Island.
Ms.
Pritchett has been brought back to court repeatedly, and on Thursday, Judge
Orsatti tried again.
“If you
tell the court the whereabouts of Jacob, I will release you from
incarceration,” Judge Orsatti said.
Ms.
Pritchett, dressed in brown sweatpants and sweatshirt, sat next to her lawyer
and looked back silently. Her lawyer, Daniela Mancini, leaned over and said her
client was invoking her Fifth Amendment right against self-incrimination.
Judge
Orsatti sent Ms. Pritchett back to Rikers.
The case
has flummoxed detectives who scoured three months of surveillance footage taken
from the building, looking for any sign of the boy. They traveled 330 miles to
upstate New York to search a landfill where the garbage from the Brooklyn
building was taken. They have interviewed neighbors and relatives, but no one
has been able to help them figure out where Jacob, whom the police and
neighbors have described as nonverbal, could be.
The answer
appears to lie with Ms. Pritchett, but she has resisted giving one despite the
efforts of the court, the police and the city’s Administration for Children’s
Services.
Brooklyn
Defender Services, the public defenders representing Ms. Pritchett, declined to
comment about the boy’s disappearance or whether his mother knew anything about
it. It has filed court papers arguing that she should be released immediately
from Rikers Island, calling her detention a “constitutional violation.”
”The
Family Court in this case is doing precisely what the constitutional guarantee
against compelled self-incrimination forbids: It is exerting the court’s
coercive power to force Ms. Pritchett to give testimony that could expose her
to criminal prosecution,” wrote Brian A. Holbrook, a lawyer for Brooklyn
Defenders, in a Dec. 2 petition.
It is
unclear whether Jacob went to school. Before this fall, Ms. Pritchett did not
appear to have a history of involvement with child welfare agencies in New York
State, according to someone who viewed some of her social service records and
spoke on condition of anonymity because they were not authorized to discuss the
case.
The police
once made a check on Jacob in 2017 after a 911 call, according to court
transcripts. The Police Department said it is continuing to investigate the
case.
The 911
call that sent the police and A.C.S. to the Brownsville address this fall came
from a worried neighbor, according to a law enforcement official with knowledge
of the case who was not authorized to discuss it.
Police
officers went to the apartment in a three-story red brick building on Howard
Avenue on Oct. 1 for a wellness check.
Ms.
Pritchett told officers that she lived alone and “became loud and boisterous
during the interview,” according to an internal police document.
During a
hearing on Oct. 10, an A.C.S. caseworker, Gabriel Martindale, said that when he
and the police arrived, he went inside and saw two mattresses. The apartment
was dark and the electricity had been shut off.
The smell
of cleaning products, he said, was “very strong.”
When Mr.
Martindale asked whether the toys belonged to Jacob, Ms. Pritchett said they
were hers. He then presented her with Jacob’s birth certificate and asked
whether that was her son.
“She said
she’s never had a child, that she has never had a period, that she’s never been
with a man,” Mr. Martindale said. She then said “that she is Jesus Christ.”
Ms.
Pritchett was taken to Brookdale University Hospital nearby for psychiatric evaluation.
Neighbors said they had seen the police checking the building’s dumpsters. A
police dog that later searched the apartment “got a hit” from the refrigerator
inside the kitchen, the internal document stated.
On Oct. 9,
the police were in Perinton, N.Y., near Rochester. Wearing white coveralls,
they fanned out across the High Acres Landfill. The official said investigators
went there after they learned the garbage collected at the Brooklyn apartment
was sent there.
Neighbors
said in interviews in October that they had not seen the boy in months, but had
noticed that Ms. Pritchett, who had grown thinner, had lesions on her skin and
sometimes talked to herself.
Shamik
Burchet, who lives in the building and often saw Ms. Pritchett and Jacob, said
the child “seemed really neglected.”
When the
boy was younger, Mr. Burchet said, his mother sometimes left him sitting in a
stroller alone in the building’s lobby.
“Sometimes
I’d have to sit with him,” he said. “Eventually she’d come back around.”
Evelyn
Rolon, who lives nearby and works as a bartender, said the mother and son moved
into the building about seven years ago.
“I would
hate to think that a mom would hurt her own child,” said Ms. Rolon, 49, who
often saw Ms. Pritchett and her son. “I’m hoping she gave him to somebody
because she got overwhelmed.”
Sometimes,
Ms. Pritchett would meet neighbors at block parties. The boy was usually not
with her, but at a cookout in early September, Ms. Rolon said she gave the
woman two burgers — one for her and one for Jacob.
“He would
be making sounds. He wasn’t formulating words,” Ms. Rolon said.
Ms.
Pritchett was often seen out alone. Other times, they could hear her screaming
at Jacob in the apartment.
“We’d tell her, ‘Stop yelling at the baby like that.’ You know how someone yells at a grown person? That’s how she used to yell at the baby,” Ms. Rolon said. “You could tell she was overwhelmed.”
In
October, when officers from the crime scene unit were searching the apartment,
they sealed the door with a neon green warning sign that forbade anyone from
coming inside without police authorization. Affixed just below that sign were
several pink and yellow stickers with happy faces.
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