No prison for Orofino grandma

By David Johnson Tuesday, March 18, 2008

OROFINO - She began serving her own life sentence, said Rita Johnston, the moment she realized she'd killed her 15-month-old stepgrandson.

"I couldn't imagine forgetting a child. But I did, and it could happen to anybody."

Johnston, 33, was sentenced Monday to three years probation, three months of house arrest and 100 hours of community service after pleading guilty to involuntary manslaughter.

Her stepgrandson, 15-month-old Patrick Graber Jr., was found dead July 4 in Johnston's locked car where he had been left for approximately five hours in heat approaching 100 degrees, according to court records.

"I don't think there's anything I can do to you to make you feel worse than you do," 2nd District Judge John Bradbury told Johnston before imposing a sentence that fell far short of the 10-year maximum by law. "I'm not Solomon, and I'm not sure I have an answer."

But the little boy's father, Patrick Graber Sr., offered his terse version of an answer. "To start, I want to make you feel how I feel," Graber told Johnston as the sentencing hearing began. "My son never got to show the world his greatness."

In an interview after being sentenced, Johnston confirmed what Bradbury said was a major determining factor in his sentence - she had been taking prescription drugs for bipolar disease at the time of the incident. And one side effect of the medicine is short-term memory loss.

"If I thought for a second you knew he was in the car," Bradbury said, "my decision would be much different."

In open court, Johnston said she stopped short of apologizing because it would sound like she was making an excuse. "I do ask their (family members) forgiveness." Her attorney, Clearwater County Public Defender Jack Hathaway, said his client had expressed deep remorse since he first talked with her in jail.

"I went in and saw her and all she wanted to do was plead guilty and go to prison," Hathaway said. He called no witnesses on behalf of Johnston.

Clearwater County Prosecutor Clayne Tyler told Bradbury he and his staff and "struggled immensely" with the case. "There is no compensation for a loss of this nature, none whatsoever." He said the case was "steeped in circumstances" that "perhaps make it somewhat understandable." For that reason, Tyler said, he would offer no recommendations and leave sentencing to the discretion of the court.

According to court records, Johnston told authorities on the day of the boy's death she had an argument with her stepdaughter's boyfriend. She had earlier picked up young Patrick from her other stepdaughter, Amanda Graber. After the argument, Johnston told authorities, she went to a friend's house and fell asleep, never even thinking about the child she left in her car.

"I believe that there's a lot of anger ... from specific people," Johnston said. "And I think that anger is a natural part of grief." She said unreasonable anger, however, turns to bitterness and she hopes all family members will eventually heal.

"I believe that everything that effects us in this life has an eventual outcome of complete healing," Johnston said.

Bradbury seemed to agree. "I think anger is a lot easier to deal with than guilt," he told Johnston.

The boy's parents, Patrick Graber Sr., and Amanda Graber, were separated at the time of the incident and are now divorced. The mother did not testify at the sentencing hearing. A family spokeswoman read a letter from the boy's paternal grandparents, however, that said, "The pain is too great and the hurt runs too deep to read this in court." The letter also asked "Why does God put stupid people on earth?"

Bradbury said Johnston's manslaughter case was his fourth and most difficult when it came to sentencing. In all the other cases, he said, the defendants had consciously done something risky that resulted in an unintended death. But with Johnston, the judge said, he was convinced the only conscious act she did was go to sleep after totally forgetting her stepgrandson was in the car.

"I can tell you that I wish I were somewhere else today," Bradbury told Johnston, "and I'm sure you do, too."

Johnston said she was about 16 years old when she started baby-sitting her eventual stepdaughters, who were 4 and 1 at the time. She said she and the girls' father, Rick Johnston, were married in 1995 and are still married. The youngest stepdaughter, Dawn, and her two children, still live with the Johnstons. Rick Johnston was in court with his wife during sentencing.

"I had some discipline difficulties with my daughters when they were younger," Johnston said about reports state authorities were called to investigate. "When I was spanking children, I became very angry."

Tyler told the court Johnston had a "nonexistent criminal record." Court records also indicate Johnston often cared for all four of her stepgrandchildren.

Johnston said she's learned much about herself since the death of her stepgrandson. "In order to take care of loved ones," she said, "you have to take care of yourself, first. I was far from taking care of myself."

She confirmed she's still under psychiatric care and taking prescribed medicine. "My mental illness is something that could have gone on for years and I'd never known it," she said. She said her health problems are not an excuse, but part of an explanation. Hathaway said Johnston's guilty plea was really a "plea of remorse" from a woman who continues to suffer. "This lady has been a contributing member to society," Hathaway told Bradbury. "Up until this incident a year ago, she was a model citizen."

As part of the sentence, Johnston must pay the child's funeral costs.

Johnson may be contacted at deveryone@potlatch.com or (208) 883-0564.

Originally published by the Lewiston Tribune