State will not charge mother

The State Attorney’s Office announced on Friday no charges will be officially charged against Erin Markes, the 19 year old mother of a four-year-old critically ill child. Markes was scheduled to appear in court for her criminal arraignment today.

Markes was arrested on March 28 after lawmen in Santa Rosa County alleged she neglected her son. At the request of the State Attorney’s Office her arraignment had been postponed multiple times. Assistant State Attorney Will Nelson had said the State needed additional time to complete its investigation into the allegations of felony neglect. 

President of the National Lissencephaly Network Dianna Fitzgerald had planned to travel to Santa Rosa County along with other representatives from the national organization to support Markes during her criminal trial. Fitzgerald says “We are still behind Erin 100%.”

In a press release sent out on Friday, Assistant State Attorney Anne Patterson said “Further investigation into the facts and circumstances surrounding the alleged offense has revealed insufficient evidence to prove the charge [of neglect] beyond a reasonable doubt.”

According to the State Attorney’s Office, the investigation revealed Markes had been a caring and efficient caretaker up until moving to Florida from Missouri. “The initial investigation by law enforcement and DCF seemed to indicate that since coming to Florida, Erin’s efforts to provide for Jaden may have waned.

“While sufficient evidence existed to satisfy the probable cause requirement to secure a lawful warrant for arrest, the state faces a much higher burden of showing proof beyond a reasonable doubt that the alleged crime was committed,” says the SA’s office.

Markes’ family had been hopeful the court would dismiss the case. 

“I hope they have realized they made a mistake and drop the whole thing,” Markes’ stepfather Mark Rodeman had said after one of Markes’ court appearances.

DCF is still actively involved in the child neglect allegations although the state has dropped their criminal investigation. “It is important to note that Family First Network and Children’s Medical Services were assisting the family before and have continued to support them since this case’s inception. 

Through the dependency court system, they remain involved with the family to insure that Jaden’s needs are met and will continue their assistance even after the criminal case is resolved,” says Patterson.

Markes’ son remains in hospice care in stable condition at this time. Patterson states the child has been thought to be near death on several occasions while under hospice care. Patterson also says Markes continues to visit with her son while he remains under the custody of the state. 

“It is noted that Erin visits him regularly, if not for long periods of time, and that significantly Jaden knows when she is there,” says Patterson. “It is still the consensus of the medical personnel that Jaden is at the end stages of this syndrome [Miller-Deiker form of Lissencephaly].”

Markes is scheduled to appear in dependency court again on June 2 at 9 a.m. and the child will remain under the custody of the Department of Children and Families until the court makes a decision to change this. 

At the last pre-trial dependency hearing DCF officials had expressed concern over the emotional state of Markes. 

“We have some concerns about the mental status of Markes, she has fallen off with cooperation and contact with us and now we have heard from the hospital that she is being hostile and angry,” says the official from DCF.

A phone call to DCF for an update on the status of the dependency case was not returned on Friday.