Mom Seeks Formal Review In Toddler's 2019 Death

PALATINE, IL — More than a year after James Ryker Biel died at just 2-years-old on Oct. 31, 2019, Biel's mother and many who love the toddler continue pushing for Palatine police to reopen the investigation into her son's death. Biel's mother, Kara Witkowski, recently reached out to Patch providing updates on the recent steps she's taken to find out exactly what happened to her son, and to protect her 5-year-old daughter.

Witkowski is pushing to get full custody of her daughter. The children were staying with their father and grandfather the night James died.

"It is imperative for the safety of my living daughter that we know what caused the trauma to James," Witkowski stated.

Months after a second autopsy performed on the toddler found that the boy's death was caused by trauma to his cervical spinal cord, Witkowski has been in contact with the Cook County Medical Examiner's Office regarding genetic testing to determine that what happened to her son wasn't just an accident. The Cook County Medical Examiner's Office suggested the testing back in February following the results of the first autopsy.

But according to the physician and forensic pathologist's findings, the trauma hindered the toddler's ability to breathe, and led to hypoxia, brain swelling and death.

Witkowski said she always knew she was going to have a second autopsy performed after the initial autopsy completed by John Walsh, a forensic pathology fellow at the Cook County Medical Examiner's Office, concluded James’ cause of death was undetermined.

Witkowski said the police report mentioned nothing about any sort of incident, and wonders how could this be an "accident," adding that some of her son's organs were also kept by Walsh and the medical examiner's office "without any reasoning," according to a recorded phone call she had with Walsh.

Witkowski said when her forensic pathologist did the independent (second) autopsy, the neck organs weren't present. This is also noted in the autopsy report shared by Witkowski.

According to Witkowski, the heart and brain were kept for further testing, but Walsh had "no reason" to keep the neck organs. Thanks to the help of a civil attorney, Witkowski said the pathologist obtained the organs, though eight months later. Passing time and health restrictions due to the coronavirus led to challenges in the second autopsy.

In a February letter shared with Patch to Witkowski from Dr. Ponni Arunkumar, Chief Medical Examiner for the Cook County Medical Examiner's Office, Arunkumar wrote, "In some cases, such as this, where no definitive cause of death is found in a young person, sudden death can occur because of an abnormality in person's genetics, or DNA," adding that "genetic testing can sometimes determine a cause of sudden death."

According to the letter, the Cook County Medical Examiner's Office chose to partner with Northwestern University in Chicago and Lurie Children's Hospital for the testing, at no cost to the family, in an effort to understand why "sudden death happens."

In September, Witkowski spoke with Lindsay Taute, Assistant Cook County Medical Examiner, regarding the genetic testing for Biel and initiating a formal review with the Cook County Medical Examiner, which would include any new evidence since the first autopsy and reasons for review.

According to emails shared by Witkowski, Taute said she was working with Invitae, a medical genetic testing company, in hopes of testing for arrhythmias and cardiomyopathy (heart problems), and seizures. Taute added that Witkowski mentioned wanted testing done for defects in bleeding/clotting, according to the email, and also told Witkowski she would work with the genetic testing company to "to determine which tests would be the most reasonable for these concerns."

According to Witkowski, Taute also asked for photos and supporting documents from the second autopsy to be sent to the CCME to be used as evidence during the review.

About two months later, Witkowski reached out to Taute, asking whether the organs reviewed by the pathologist who performed the second autopsy were still at the Office of the Cook County Medical Examiner, to which Taute replied, "Yes, they should still be here."

Justice Sought One Year After Palatine Boy's Death

"Can you please inquire with Invitae if they can do a dna test on the organs, with all the mistakes in this case, I would like to be sure the organs belong to my son," Witkowski replied in the email exchange. "If this is not something Invitae can do, please let me know of a referral."

Witkowski claims she spoke to a representative from Invitae, who informed her there was something wrong with the sample provided for the testing. In an email shared with Patch, Taute said she also received "an email saying as much" and that she would contact the company.

Nearly two weeks later, Witkowski told Patch the CCME is refusing to get the genetic testing done, after Taute told her in an email that Invitae claimed they do not perform identity testing, only diagnostic testing, therefore not the testing Witkowski requested. In addition, Taute told Witkowski it sounded like the DNA they were able to extract was of "too low quality to run testing," and that she wasn't sure there is "much else to do to obtain testing from Invitae, which is a shame."

In emails shared with Patch dated Dec. 8, Witkowski shared that Taute claimed she received 3 discs of photos from the doctor who performed Biel's second autopsy.

"I would like to have it confirmed that now that you have the photographs, a full review will be completed of James autopsy," Witkowski wrote to Taute on Dec. 8. "I would also like the date for when this will be taking place. Happy Holidays and thank you."

Patch has reached out to the Cook County Medical Examiner's Office and will update this story accordingly.

Unanswered questions

Witkowski told Patch she's still waiting for the Palatine Police Department to reopen her son's death investigation and for county and state officials to continue looking into child neglect and abuse claims.

According to a letter shared with Patch by Witkowski, a report of suspected child abuse and/or neglect filed by the physician and forensic pathologist was determined in August to be"unfounded," following an investigation by the Department of Children and Family Services (DCFS).

According to emails shared to Patch, the physician and pathologist told Witkowski she originally contacted the DCFS and only discussed the toddler's autopsy report, and was confused why the letter lists the daughter.

According to court documents shared with Patch, Witkowski has accused Thomas of failing to protect their daughter. An order was entered giving Thomas Biel, the children's' father, parenting time, but not allowing Jerry Biel, their grandfather, to have contact with the children.

However, on May 2, 2019, court documents state Witkowski's April 2019 petition was denied, and additional parenting time was set for Thomas. Nearly two weeks later, he followed up with a petition to restrict his parenting time and other relief against Witkowski, to which the court granted him "temporary majority" and outlined supervised parenting time to her. Witkowski and Thomas were ordered to undergo psychiatric evaluations, court documents state.

For Witkowski, it's been a battle since.

Witkowski told Patch in September she was ordered to attend a court hearing for contempt, for speaking out regarding a gag order, and threatened her with prison time for claiming that officials "had her back against the wall" and forced her into a 50/50 custody agreement.

The Death of James Ryker Biel: What we know thus far

Police responded around 9:50 p.m. on Halloween to the 1300 block of East Evergreen Drive in Palatine for a medical emergency, according to a news release from the Palatine Police Department.

According to a police report — and the only investigation done since the boy's death (according to Witkowski) — the boy was on a bed in the master bedroom playing with an electronic device after his father, Thomas, left for work. A woman in the family caring for James went to take a shower, and when she returned, she thought he was asleep on the bed, according to the report. But the woman noticed James' lips were blue, and she called for help, the report notes.

The report says the child's father, Thomas, told police he left for work at 9:35 p.m., during which James seemed to be healthy and "responsive." Biel added that before leaving, James felt warm, and he was going to take him to the pediatrician the next morning. Biel said he then left James in the woman's care and went to work.

Police noted they saw "a small red bubble" coming from James' nostril, and red-colored foam in his mouth. He was taken to Northwest Community Hospital in Arlington Heights, and despite resuscitation efforts by paramedics and then hospital personnel, James was pronounced dead, according to the police report.

Related:

• Mom Wants Case Reopened In Son's Death After Independent Autopsy
• Palatine Mom Holds Protest, Wants Investigation Into Son's Death
• Police Investigate Death of Boy, 2, in Palatine
• 'The Sweetest Little Boy': DCFS Looks Into Palatine Boy's Death
• Autopsy Sheds No New Light On Palatine Boy's Death

Witkowski said the police report mentioned nothing about any sort of incident, and wonders how could this be an "accident."

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Until someone is held accountable for her son's death, Witkowski told Patch she will continue to demand justice for her little boy, adding that both Palatine Police Department and the Illinois Department of Children and Family Services have been informed more investigation is required.

"My son's death was found to be accidental because there wasn't enough done during the police investigation and time had passed," Witkowski told Patch. "That in itself is neglect."
Witkowski also launched a Change.org campaign to urge police to reopen the case.

More:

• Autopsy Finds Boulder Hill Child Died Of Drug Overdose
• 1 Year Later, AJ's Memory Lives On

Patch will continue updating this developing story.