Mom Wants Case Reopened In Son's Death After Independent Autopsy

PALATINE, IL — The mother of a Palatine boy who died Oct. 31, 2019 is adamant police reopen the investigation into her son's death after an independent autopsy determined his cause of death is attributed to complications from a spinal cord injury, leaving her with more questions than answers.

The independent autopsy shared by Kara Witkowski, mother of 2-year-old James Ryker Biel, determined Biel's death to be accidental, but notes "trauma is more likely" due to swelling in parts of the cervical spinal cord, hindering the toddler's ability to breathe, and therefore leading to hypoxia, brain swelling and death (hypoxic ischemic injury).

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, the boy was on a bed in the master bedroom playing with an electronic device after his father, Thomas Biel, left for work that evening. A woman in the family caring for James went to take a shower, and when she returned, she thought the toddler was sleeping 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 Biel, 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 "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.

Witkowski is holding a protest outside the Palatine Police Department at 5 p.m. Thursday after the autopsy — the second performed on the toddler — noted that further investigation by officials must be pursued to determine whether neglect by others caused this injury, or how it happened, according to documents shared by Witkowski.

"Nothing was mentioned in the police report about what caused the injury," Witkowski told Patch. "It's like they don't want to investigate. They basically took Tom and his family at their word."

Witkowski added that 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 the 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."

According to Witkowski, some of her son's organs were also kept by Walsh and the medical examiner's office "without any reasoning."

"He stated to me he put the organs back, but he didn't," Witkowski told Patch, adding that she has this information on a recorded phone call 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 autopsy.

"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 told Patch she'd been fighting a custody battle with Thomas and was only allowed supervised visitations in the months leading up to James' death.

"They never let me defend myself against any allegations made against me," Witkowski said.

Witkowski added that two weeks before James' death, she warned those involved in the custody case that something was wrong, and filed for an emergency motion, which was ignored.

Witkowski claimed her son had nine hospitalizations due to a prolapsed rectum during the months before he died, but the only answer she received was "constipation."

"I have the medical records," Witkowski told Patch. "I was also told four rape kits were done, but I've never seen any of them."

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Now, Witkowski has their daughter, who turns 5 on Aug. 23, four days out of the week, telling Patch that "things are obviously changing" thanks to the more detailed reported in the second autopsy, which she believes proves some involved in the case "were not doing their jobs, or that they were endangering the (my) kids."

Witkowski is asking for community members to sign a petition launched Tuesday calling for the reopening of James' death investigation.

Witkowski told Patch their daughter is traumatized, as she was there the night he died.

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

According to Witkowski, Thursday's peaceful protest will take place from 5 p.m. to 7:30 p.m. outside the Palatine Police Department.

Signs, Sharpies and masks will be provided; however, violence or unlawful actions against anyone are not condoned, encouraged or sanctioned, event details posted to Facebook state.

Patch will continue updating this story as more information becomes available.