Diane Marsh

Case record: Diane Marsh

Background

Diane Marsh was the mother of 5-year-old autistic child Brandon Williams. She also had two other sons, aged 17 and 15, who had been removed from her custody by state Child Protective Services.

Melvin Williams was Brandon Williams’ father and Diane Marsh’s ex-husband. Mae West was Brandon’s paternal grandmother. Donald Marsh was Diane Marsh’s father.

Marsh was previously in the Air Force and had received a medical discharge after more than nine years of service. Melvin Williams later said Marsh had worked full time as a medical secretary when he married her in 1999, and that she was smart enough to attend Pima Community College and work as a medical secretary for five or six years. He also said she sold cosmetics on the side.

Marsh and Flower Tompson lived together as Tompson was described as Marsh’s live-in friend. Tompson was Marsh’s companion at times during Brandon’s death and was later described as having taken a plea deal to testify against Marsh.

Mark Lee Moss was Tompson’s common-law husband. He was described as a convicted child abuser. He had been charged with four counts of failing to report child neglect in relation to Brandon’s abuse and death.

Marsh had a history of child neglect before Brandon was born. Child Protective Services had found her guilty of misdemeanor child neglect of her two older boys when they were ages 4 and 5. Agency staffers had worked since 1995 with Marsh to improve her parenting skills. In 2005 and 2006, CPS placed Marsh’s two older sons in foster care after one child was accused of assaulting Brandon and Melvin Williams was charged with choking one of the teen boys; he received four years probation.

Marsh was diagnosed with fibromyalgia, chronic pain, and depression and became unable to work. After Brandon’s death and later sentencing, Marsh sought leniency and said she was not psychotic, not immature, not addicted to drugs, and was not in denial; she said she was seeking community services.

Glenda Jackson, a member of Marsh’s church, came to court in a wheelchair to show Marsh support during sentencing.

The offence

Brandon Williams, age 5, was an autistic child. Investigators and court proceedings described repeated abuse and a fatal head injury.

At the time of his death, investigators described ligature marks on Brandon’s wrists and ankles showing he had been tied up at times. They also described blisters on his feet and some bleeding.

Autopsy findings described more than 30 flat skin lesions on Brandon’s shins, feet, the bend of his arms, his neck, forehead, upper arms, and elsewhere. These marks were described as hypopigmented macules, meticulously measured and noted in Dr. David C. Winston’s autopsy report. Pima County Medical Examiner Bruce Parks said the lesions were areas of “abnormal skin” that may have been the site of earlier healing and said “That’s the big question,” adding: “If (Dr. Winston) knew the cause, he would have said so.” Parks said causes of bruises on the boy’s forearms and bends of his arms at the elbow could include “pressure by a ropelike object,” and Parks said “I’m not saying that’s what caused it.”

Dr. Winston’s autopsy report and Parks’ comments were described as declaring Brandon’s death a homicide and the result of blunt force trauma to the head, which fractured the back of his skull and caused his brain to bleed. Initial police reports stated he died from a suspected overdose of adult cold medication. However, the autopsy showed recent skull fractures and brain bleeding sufficient to cause death.

Prosecutors described that besides head injury, Brandon’s feet had been scalded in hot water, he had numerous healing and healed wounds on his skin, and he had been tied and suspended from a bed frame.

In March 2007 events described:

• Tompson called 911 at about 11:30 p.m. on March 21, 2007, to report that Brandon had stopped breathing.
• Brandon was pronounced dead shortly after arriving at a local hospital.
• Sheriff’s Bureau Chief Richard Kastigar said that on the night Brandon died, Marsh told detectives she had given Brandon cold medicine and 12 Tylenol PM pills around 7 p.m. Wednesday.
• Kastigar said Marsh had told detectives she had bound Brandon and at times immersed his feet in “scalding hot water” to discipline him and gave him large amounts of sleep-inducing pain medication described as five or six adult strength pills in the morning and a similar dose at night.
• Kastigar said a forensic pathologist called to the hospital after Brandon died said the medications given would be an overdose amount for a child.

Marsh told investigators she tied Brandon up to discipline him and put his feet in scalding water, but Parks said “if there were obvious signs of burns that would have been noted.”

In court testimony, Marsh testified that every bad act that happened to her son—being tied to his bedposts, his feet scalded in hot water, and dying from a blow to the head—resulted from Flower Tompson’s power over her. Marsh also testified that she met Tompson through a mutual friend in August 2006, and that by month’s end Tompson had convinced her she was involved in a satanic group that Marsh feared would kill Brandon.

Marsh testified Tompson told her: “satanic groups had to kill a family member, persons who were true blood.” Marsh testified she became estranged from everyone she knew, including a pastor she was convinced was part of the satanic group. She testified they took a three-day trip to New Mexico, Colorado and Utah searching for “high priests,” and she testified that she never met the probation officer and only heard about him through Tompson. Marsh testified she told friends she feared Brandon would be killed by the satanic group and said: “I was told Brandon was worth $3.4 million dead.” Marsh testified: “The groups wanted to kill him.” When Sonenberg asked “Groups?” Marsh said: “(For a) sacrifice.” Sonenberg asked: “Did you believe that?” and Marsh responded: “Yes,” according to the account of the testimony.

Marsh testified that in late February or early March Tompson told her to stick Brandon’s feet in hot water to teach him a lesson about disrespecting her. Marsh testified Brandon began crying and she took his feet out. Marsh testified: “Flower said, ‘Get out of the way, I will show you how to do it.’ She picked him up and stuck him in there,” and she testified Brandon was screaming and thrashing for several minutes while the skin burned from the bottom of his feet and she testified: “I just stood there frozen.”

Prosecutors and the judge rejected the satanic group explanation. Judge Hector Campoy told Marsh he did not believe witchcraft or occult were at fault and said Marsh made up that defense as the case went on. Campoy said the court rejected claims made at trial about Marsh’s fear and responsibility shifting to Tompson.

Investigation

Sheriff’s Bureau Chief Richard Kastigar, head of investigations for the Pima County Sheriff’s Department, described that at the time of Brandon’s death there were marks on wrists and ankles showing ligature marks, blisters on the feet, and some bleeding. Kastigar said Marsh was arrested that morning on suspicion of first-degree murder.

Clothesline rope was among items taken from Brandon’s home by investigators executing a search warrant, according to Sheriff’s Department records.

Marsh told detectives that she gave Brandon medications described as large amounts of sleep-inducing pain medication and later cold medicine and Tylenol PM pills. Marsh’s live-in friend Flower Tompson told detectives that she helped “medicate” the boy and had seen Brandon’s mother beat him at times with a clothing hanger. Tompson told detectives she never reported the abuse because she and Moss had been homeless and were taken in by Marsh, and Marsh and Moss had lived arrangement issues.

Kastigar said that at times she helped “medicate” the boy and that Tompson told detectives she did not report abuse because of the living arrangement with Marsh. Kastigar said he did not suspect Moss of abusing the child but said he never reported the abuse he witnessed as required by law.

Moss told detectives shortly after the death that he heard the child bang his head against the wall in his bedroom for 25 minutes and did not help. Moss told detectives he was watching TV and that some weeks before the death he changed the lock on Brandon’s bedroom door so Brandon couldn’t open it from the inside.

CPS involvement issues were described in relation to whether Child Protective Services could have prevented injuries and death. Liz Barker Alvarez was described as the state’s spokeswoman for Child Protective Services and she said the agency did not have an open case file on Brandon at the time of his death. A sheriff’s deputy investigating Brandon’s death wrote that a CPS investigator told him on March 22 that CPS had an “open” case file as of Oct. 31. Rick Unklesbay, chief trial counsel in the Pima County Attorney’s Office, said the county attorney had “no legal authority over CPS” and that the county attorney wrote to CPS asking it not to release information that “would be detrimental to the prosecution of the (Brandon Williams murder) case.” Barker Alvarez said she could not disclose why a CPS investigator tried to visit Marsh’s home in October 2006 after Brandon failed to show up for school for eight days. Barker Alvarez said the investigator said Marsh’s vehicle was lost in traffic once it entered Tucson police jurisdiction. Barker Alvarez said the attempt to see the boy in October was not the only one and that CPS investigators had made “numerous” attempts in the fall of last year to contact Marsh.

In the week before Brandon died, a sheriff’s deputy responding to a 911 call from Marsh’s father, Donald Marsh, and a family friend contacted Marsh and Brandon at their Northwest Side home. The deputy saw the boy wrapped with cloth bandages around the legs and noted Marsh appeared “nervous,” according to the report. Marsh told the deputy he fell on cactus, the report said. The deputy wrote that Marsh and Brandon appeared well fed and well rested and the deputy closed the “welfare check” case. The report was sent by regular mail and Parks’ account said Brandon was dead before it arrived.

Judge Hector Campoy later admonished Marsh for not telling the court the truth about who killed Brandon. Campoy said her recorded telephone conversations from jail showed no sorrow for Brandon and described talk about religion and casting out the devil.

Arrest

Brandon’s mother, Diane Marsh, was arrested on suspicion of first-degree murder on March 22, 2007. Sheriff’s Bureau Chief Richard Kastigar said Marsh told detectives she had bound Brandon and immersed his feet in scalding hot water to discipline him and gave him sleep-inducing pain medication.

Trial

Marsh faced charges including first-degree murder and child abuse. Tompson was indicted on first-degree murder and child abuse charges but did not testify at Marsh’s trial.

Marsh was tried for first-degree murder and child abuse. A jury convicted her Aug. 4 of negligent homicide and four counts of child abuse in her son’s death.

In earlier jury proceedings:

• Deputy County Attorney Shawn Jensvold said prosecutors would study whether Marsh could be retried for felony first-degree murder.
• Jurors did not indicate Marsh was not guilty of felony first-degree murder on verdict forms. Instead, jurors found Marsh guilty of the lesser negligent homicide charge on a second-degree murder form.
• Jurors indicated on the fourth child abuse count that they found the state had proved Marsh guilty beyond a reasonable doubt of giving her son too much adult sleep medicine in March 2007, but had not proved she caused the head injury that precipitated his death.

At trial, Marsh testified that Tompson’s power over her caused the abuse and that Marsh was not directly harming Brandon. She testified about her fear of satanic groups and claimed coercion by Tompson. Her defense attorney Steve Sonenberg argued in closing that Marsh “She loved her son” and that she “was a victim herself of mind control.” Jensvold told jurors in closing that Marsh “probably snapped” because she was not taking her medications for depression and was not giving Brandon his medications, causing him to be more hyperactive. Jensvold labeled Marsh’s testimony about the satanic cult as a smoke screen. Jensvold also told jurors: “There’s no excuse for tying a boy to a bed frame, whether it’s to get out the satanic influences or teach him a lesson, or put a child in scalding water until the skin on his feet peel off. And it’s certainly no excuse for pushing a child down on a tile floor and killing him.”

Jensvold described that besides those acts, the jury findings included conviction for negligent homicide and four counts of child abuse.

Marsh told the judge later: “I’m not the same person now that I was then.”

Sentencing

Marsh was sentenced to 10 years in prison on September 17, 2008. The sentencing took place before Judge Hector Campoy in Pima County Superior Court.

During sentencing, Campoy said Marsh must pay for the repeated “torture of her vulnerable child.” Campoy said the boy looked to Marsh for nurture and instead “must have been bewildered” by her actions. Campoy stated he tried to imagine what the boy must have been thinking when he saw “the object of his love tie him down, allow him to be brutalized and to inflict a skull fracture.” Campoy said: “You may be a good person to (fellow church members), but you were a horrible person to Brandon. You are responsible for his homicide.” Campoy added: “His blood is on your hands.”

Defense attorney Steve Sonenberg asked for compassion and probation for Marsh on all charges. Sonenberg said Marsh was suffering the most from Brandon’s death and described her community support from individuals who “know Diane better than we could determine over the course of this trial.” Sonenberg described Marsh as “a source of inspiration to others in her efforts to better her family,” and said her pastor described Marsh as “always calm, gracious and quiet” and “a model of motherly love.” Sonenberg said Marsh “regularly participated in all programming that was available to her.” Sonenberg said: “She’s not psychotic, she’s not immature, she’s not addicted to drugs.” Sonenberg said: “She was not in denial.” Sonenberg said Marsh “was seeking the services of the community.”

Melvin Williams asked for a prison sentence for Marsh. Campoy told Marsh she was “in denial” if she believed her own testimony that she did nothing directly to harm her son. Campoy told Marsh: “You are responsible for his homicide.” Campoy also said her recorded telephone conversations from jail showed no sorrow for Brandon but talk about religion and casting out the devil. Campoy acknowledged Marsh’s “genuine remorse” and said the jury had shown her compassion enough by finding her guilty of the lesser charge of negligent homicide rather than first-degree murder.

Campoy admonished Marsh for not telling the court the truth about who killed Brandon, even at sentencing.

Marsh’s sentence included a credit for 543 days served in the Pima County Jail.

At the sentencing hearing, Campoy also discussed Flowers Tompson’s case in relation to Marsh. He said Marsh blamed her co-defendant Flower Tompson for the actions.

Appeals

No appeal information was provided in the case materials.

Outcome

A jury convicted Diane Lynn Marsh of negligent homicide and four counts of child abuse in Brandon Williams’ death. Marsh was sentenced to 10 years in prison.

Tompson pleaded guilty to one charge of child abuse and was sentenced to 10 years in prison. Moss faced charges that included four counts of failing to report child neglect, and charges against Moss were dropped due to insufficient evidence and because he invoked his Fifth Amendment right against self-incrimination. The text described that Moss refused to cooperate in the investigation without immunity from prosecution.

Aftermath

Melvin Williams described the circumstances of his marriage and divorce with Marsh. He said when he last saw Brandon was in September 2006 and that he paid $488 a month in child support for his son. He said when Marsh invited Moss and Tompson to live with her, they survived on the child support and her Air Force disability payments, and he said, “That’s how come she didn’t want to give him up.” He said he would have kept paying child support if Marsh had handed the boy over to him. Williams said Marsh knew he could bring Brandon to him or to his grandmother.

Glenda Jackson said Marsh “She’s a good woman. She got involved with the wrong people.” Jackson added: “She needs therapy, not prison.”

Mae West and Melvin Williams were described as furious that Marsh and Tompson would not receive more prison time. West said: “They tortured Brandon. They should get life.” West said: “God knows who did it,” and said the women would have judgment: “They still got their day set with the Lord. God will have a talk with them. God is looking down on them right now. They’re gonna suffer. Lord ain’t let you do something like that.”

Marvin Williams said Marsh called him from jail shortly after her arrest and took responsibility for the death. He said: “She said ‘I’m sorry.’ She said she couldn’t give me the details,” according to his statement.

David Berkman said Marsh could not be retried on the more serious first-degree murder charge because she could not be tried twice for the same crime.