Lawsuit blocked in child’s death

AUGUSTA – For the second time in a month, legislative leaders blocked admission of a bill allowing Christy Baker to sue the state over her 5-year-old daughter’s death in a foster home.

With little discussion, the Legislative Council voted Wednesday not to allow Rep. Stavros Mendros to introduce the bill on behalf of Baker, a former constituent and mother of Logan Marr. House and Senate leaders from both parties voted against an identical proposal on March 28.

“It’s disappointing, but was expected,” Baker, of Dover-Foxcroft, said after the council’s 8-2 vote. The tally was four short of the minimum needed.

Logan died of asphyxiation Jan. 31. Police said duct tape had been placed over her mouth while she sat in a high chair. The foster mother, Sally Schofield, faces a manslaughter charge and has not yet entered a plea.

Council members on Wednesday cited the same reasons they gave March 28 for disallowing Mendros’ bill: With the criminal case against Schofield still pending, it is too early to go ahead with a civil case.

“We feel it’s way premature,” House Majority Leader Patrick Colwell, D-Gardiner, said after the council’s vote. He added that Baker “will have her day in court.”

“We all feel terrible about this tragedy, … for this mother’s loss,” Colwell said. But he added that he objected to Mendros’ “using this for a political football,” saying it would be best “to let the process work.”

Mendros, a Republican from Lewiston, announced earlier this month that he was considering a run for the 2nd District seat now held by U.S. Rep. John Baldacci.

Earlier this week, Baker threatened to sue the state in federal court for negligence and violating her daughter’s civil rights unless it settles her claim for $5 million.

The state protects itself from legal liability in negligence cases, so people with claims against it must get special legislative permission to sue. Mendros also needed approval to introduce his bill because the deadline for submitting legislation has passed.

Mendros told the council Wednesday that Baker’s federal case would “pierce the state’s immunity.”

After the vote, he said the council might be more willing to allow the bill next year, after more information about the case is made public.