A federal judge is allowing a wrongful death lawsuit against a court-appointed guardian ad litem concerning a teen's suicide to proceed.
U.S. Magistrate Judge Abbie Crites-Leoni denied a motion to dismiss in Cynthia Haynes v. Williams as to sexual assault and battery against defendant Charles Haynes and allegations of acting outside the scope of GAL duties against defendant Jennifer Williams and Spain, Miller, Galloway & Lee, a Poplar Bluff law firm that formerly employed Williams.
“If we can prove it and if the case survives, it will set the precedent that when a guardian ad litem violates criminal statute in performing their duties, a guardian ad litem will not be given immunity,” said Evita Tolu who is representing Cynthia Haynes.
Cynthia Haynes sued Spain, Miller, Galloway & Lee, Charles Haynes, and Williams in the U.S. District Court Eastern District of Missouri for the death of her daughter, Mikaela Haynes, who committed suicide at 14 years old on Nov. 24, 2018.
“Charles Haynes’ initial rape and sodomy of Mikaela was the tragic event that put it all into motion then Williams and her law firm came in and took it to the next level of egregiousness,” Tolu alleges. “Williams was supposed to protect her from sexual abuse. Instead, she advocated for Mikaela to be in therapy with Charles so they could be reunified. In what universe do we order minor victims of sexual abuse to be reunified with their sexual abuser?”
Charles Haynes, who is currently incarcerated at the Farmington Correctional Facility in St. Francois County, is Cynthia Haynes’ soon-to-be ex-husband. The Court found that Williams acted outside of the scope of GAL duties when she allegedly tampered with witness evidence.
“The witness tampering statute says you cannot obstruct evidence and you cannot threaten a victim or a witness in any way or try to deter witness testimony,” Tolu told the St. Louis Record. “Jennifer Williams obstructed and she threatened poor Mikaela Haynes, who was raped by her father, with being placed in his custody.”
Samuel Spain, a partner at Spain, Miller, Galloway & Lee, did not immediately respond to requests for comment.
Williams has since left the Spain, Miller, Galloway & Lee law firm and she did not immediately respond to requests for comment.
“We will uncover and present evidence that Jennifer Williams knew Mikaela was being sexually abused and still insisted on her being in her father, Charles Haynes’ custody,” Tolu added. “We will also uncover evidence that Williams placed Mikaela and her sister Sarah into Division of Family Services custody on Williams' false allegations of Cindy Haynes’ educational neglect of the girls. We have school records that show the girls performing ahead of their peers.”