BrandonWilliams' dad seeks $7M in his death

Five-year-old Brandon died March 22 as a result of a skull fracture, but he also had a large amount of over-the-counter medication in his system.

His mother, Diane Marsh, and a roommate, Flower Tompson, have been charged with his death.

Tompson's boyfriend, Mark Moss, was also arrested in the death but was never charged. Last week, his attorney filed a notice in Superior Court, saying Moss will not provide any testimony in the case without immunity; otherwise he will invoke his right to silence.

Documents have shown CPS was concerned about Brandon months before he died because the boy disappeared from school and was believed to be living in a motel with his mother. CPS documents describe her having mental and physical health problems.

Despite the concerns, CPS never took Brandon into temporary custody and failed to find him.

A week before Brandon died, Pima County Sheriff's Deputy Lillian George did see Brandon after responding to a missing persons report filed by a family friend and Marsh's father. George was able to find Marsh and Brandon, but despite seeing that Brandon's legs were covered in bandages, George did not contact CPS.

Both CPS spokeswoman Liz Barker Alvarez and Sheriff's Department spokeswoman Deputy Dawn Hanke declined to comment on the claim, citing the likelihood of a lawsuit.

Efforts to reach Melvin Williams, Brandon's father, or his attorney, Carter Morey, were unsuccessful.

Also included in the claim are CPS workers Cindy Graupmann and Caryn Strober, as well as supervisor Janet Lake.

The three "negligently failed to locate Brandon, to take Brandon into temporary custody pursuant to Arizona law, to file a petition regarding Brandon pursuant to Arizona law and to protect Brandon and keep him safe from the obvious neglect and abuse that led to his death," the claim states.

"George negligently failed to immediately contact CPS on March 15, 2007, and report Brandon's condition, to stay with Brandon until CPS could respond, investigate and take appropriate action, and to help CPS remove Brandon from the custody of (his mother)."

To bolster the claim, Morey cites documents from CPS and related agencies showing concern about Brandon's placement with Marsh and subsequent disappearance.

For example, in September of last year, Assistant Attorney General Pennie Wamboldt sent an e-mail to Graupmann and other CPS workers saying, "I am VERY concerned about Brandon remaining in her (Marsh's) care. Cindy Graupmann reports that mom is still staying in a motel, and that a neighbor told Cindy that mom has been moving stuff out of the family home. Please continue at least doing welfare checks on Brandon with the school."

And last November Lake, the supervisor, wrote, "Initially there were no allegations as to Brandon. However, due to escalating concerns as to (mother's) behavior, department was considering filing on Brandon but allowing him to remain as long as he was safe. Whereabouts of Brandon not known at this time as (mother) has fled. . . . Regular attempts to locate Brandon must be made and assessment of his safety completed."

It wasn't until March that Deputy George found Brandon at a Northwest residence.

There she noted that Brandon's legs and feet were heavily bandaged.

"Diane Marsh stated her son had been playing in the backyard and had fallen in the gravel and got cut up on the cacti," George wrote in her report. "I had my own concerns both for her safety (Marsh) and the safety of her child and that I would be forwarding this information to Adult Protective Services and Child Protective Services for them to follow up on."

There is no indication CPS ever received those concerns.

The claim seeks $4 million from the state and CPS, and $3 million from the Sheriff's Department.