April 7-16 - The Family of Kayla Yvonne Allen have worked for five years to seek justice for their murdered little girl. Heather could only cry, "MY BABY! MY BABY! I TRIED To Save Her." The picture of Kayla's lifeless body, lying in a steel cold drawer in the morgue is forever burned into our minds.
We have a renewed faith in District Attorney Mike Maultsby and his side-kick, Assistant DA Ernie Lee! These men put their hearts and souls into fighting for Justice for Kayla!
All evidence pointed to the only person who was in the home on the morning Kayla died,
DA Maultsby and ADA Lee gave their closing arguments to the jury, leaving everyone to wonder whether justice could be served in the Superior District Court in Jacksonville North Carolina.
The jury never knew about the Taylor Michigan Police Report because once Kayla was returned to Futrell, Kayla recanted.
The jury never knew about the bruises all over her body, only 14 months before she was murdered.
The jury was told that if Futrell was convicted of First Degree Murder, she would spend the rest of her life in prison.
The jury was not allowed to know what was the sentence for Involuntary Manslaughter; judge denied their request.
The jury never knew how hard Kayla's Aunt Heather had tried to protect Kayla. The jury never saw this sample of legal documents Aunt Heather has maintained throughout Kayla's short life.
We feel certain that many of the jurors are extremely disturbed that the decision they made, based on the limited information they were given, allowed the murderer of a child to be set free! They were not allowed to know the whole truth.
As teachers cried, explaining they had reported abuse of Kayla (who begged them not to tell Futrell), therapist reported Kayla had a black eye and the response from Futrell did not make sense, but each time the abuse was reported, Kayla remained in the home with Futrell and she recanted at ages 3, 4, 6, and 7. How many times does a child have to be abused before NC DSS actually gets involved?
When a child has a black eye and the response does not make sense, who cares enough to find the truth?
When a 6 year-old is covered with bruises and the explanation for the bruises that are in various stages of healing are obviously not from roller skating, who cares enough to investigate?
When a child (previously reported to DSS for abuse) begs their teacher not to tell their caregiver the tike has misbehaved at school, because she was obviously terrified of what would happen when "Mommy Dearest" learns the 49 lb., 6 year-old misbehaved at school, who will get involved?
When all the information is put together, why would NC DSS ignore the repeated reports of visible abuse of Kayla Yvonne Allen?
All RED Flags were ignored by NC DSS. NC Department of Social Services was the gatekeeper to Kayla's safety. No one could protect Kayla without going through NC DSS.
- Age 18 months - Futrell slapped Kayla in the mouth for back-talking her, although Futrell testified that Kayla did not talk at 18 months.
- Age 2 - Black Eye Report
- Age 4 - Black Eye Report
- Age 5 - School reports abuse
- Age 6 - Taylor MI Police Report of Abuse
- Age 6 - When asked by the therapist to write all the good things and all the bad things about Mommy Dearest, and the child will not state one negative word about Mommy Dearest, HELLO!! (Every child has at least one thing they do not like about their parents!)
- Age 7 - School Report: Futrell slammed Kayla into the door-frame for asking for lunch money ("Please don't tell 'Mom.'")
The most horrendous testimony described Kayla's last hour of life.
Atroban is not a knock-out drug, so she had to live after consuming over 50 ml (amount found in stomach content). Kayla had time to cry out for help. Her throat was too swollen for EMS to get the trachea tube down her throat. Her mouth and throat were "on fire" from the hydrocarbons in Atroban. She experienced extreme pain in her stomach. She threw up in her bed, she threw up in two places in the hallway, but who would she cry out to?
Futrell testified that during this time, Futrell was doing laundry, eating popcorn, watching TV, and taking a shower before going to church at 11 a.m.! The 911 call was made at 11:14 a.m. No one, except for Carolyn Futrell, knows when Kayla actually died.
Futrell testified that she left her friend with Kayla's lifeless body lying in the doorway and drove to the church to ask the pianist to help her. The pianist testified that when she arrived, Kayla was lying in the doorway to her bedroom; Charless was on the phone, and Carolyn was standing beside Charless; and Kayla's body was cold.
STILL Seeking Justice For Kayla Yvonne Allen!
UPDATE: January 9, 2008 - Carolyn Futrell's defense attorney's motion to suppress the evidence of Kayla's poisoning was denied on Jan. 8, 2008. The trial of Carolyn Futrell has been set for April 7, 2008. (News Reports)
UPDATE: May 14, 2007 - Late last week, the defense attorneys for Futrell were contacted. There are disagreements in scheduling between the DA and defense in this case. On October 4, 2006, defense said they could be ready by June 25, 2007 but now indicate that due to change in circumstances, they cannot be ready in June. The judge indicated that he will be in Onslow County on June 25 to decide any motions and scheduling issues. This case will not be going June 25, 2007.
Update April, 2007: The trial has been set and reset since Futrell's arrest, but appears she will go to trial on June 25, 2007. If convicted, Futrell could be sentenced to Life Without Parole.
The Tombstone Project needs your assistance to pay for the exhumation and move of little Kayla's body to Michigan Memorial Park, to be buried near her grandmother who tried to save Kayla's life 14 months before Kayla was murdered. When the trial is over, Kayla's body will be returned to the state of her birth. The office of Victims of Crime will not help pay any expenses because Kayla died over 12 months ago.On May 20, 2004, Carolyn Futrell was indicted by the Grand Jury of Onslow County, Richlands, North Carolina, for capital murder, felony child abuse in the death of 7 year-old Kayla Yvonne Allen.
March 8, 2007 Chief Assistant District Attorney Ernie Lee filed a "notice to not seek the death penalty" in Onslow County Superior Court.
Seven Year-Old Kayla Yvonne Allen was found unresponsive, lying face down in her own vomit on August 24, 2003. The autopsy reported finding a red and gray granular pesticide poison in her stomach; Atroban, used for pig, sheep, and cattle farms. Further toxicology reported finding two psychotropic medications in her heart tissue. When she vomited, the pesticide aspirated into her tiny lungs, bursting the air sacs.
Kayla's Aunt Heather of Michigan made reports to North Carolina Department Social Services, beginning when Kayla was two years old with an unexplainable black eye, and the last report she made was on July 17, 2003; Kayla was dead on August 24, 2003.
A water bottle containing the liquified Atroban was found under Kayla's pillow and Carolyn Futrell was the only person present in the home with Kayla. Atroban is a Permethrin, Xylene, Ethylbenzene based pesticide and more noxious than gasoline. Toxicologist, Dr. Daniel Sudakin said the mist from mixing the granular pesticide with water, would burn the skin off a grown man's arm.
In January 2003, Hope4KidZ received a message that Kayla Yvonne Allen's court appointed guardian was in danger of seriously harming the seven year-old child.
Hope4KidZ believes that anyone who would intentionally murder a child is capable of doing anything, yet Carolyn Futrell, indicted by the Grand Jury for the Capital Murder and Felony Child Abuse of Kayla, walks the street, free of any restrictions while out on bond.
- Imagine what the liquified form of Atroban would do to a child's skin of they attempted to drink it!
- IF Kayla drank the liquid content of the bottle found under her pillow, the natural gag reflex would cause her to immediately vomit this noxious pesticide.
- IF Kayla drank the liquid content of the bottle found under her pillow, she could not have put the bottle back under her own pillow.
- IF Kayla drank the liquid content of the bottle found under her pillow, why did the coroner find red and gray granular pesticide in her stomach.
Kayla's young mother was in the military and realizing she could not care for Kayla, asked her brother to take care of Kayla. Kayla's Uncle married Carolyn Langford, Oschoa, Allen, Futrell and when they divorced, Carolyn kept Kayla.
While visiting in North Carolina, Kayla's Grandma Diane found Kayla covered with bruises from head to buttocks. Grandma Diane took Kayla from North Carolina to her home in Michigan. She left a letter to Carolyn in NC, telling Carolyn that she would never allow her to harm Kayla and that Kayla was hugging her as she wrote the letter. Kayla obviously felt safe with her Grandmother and this love empowered Kayla to feel safe enough to tell the Taylor MI Police, in this Police Report of June 2002 exactly, step-by-step, how "Mom-Aunt Carolyn" had inflicted the bruises on her head, face, arms, and buttocks.
Detailed Police Reports from the Taylor Michigan Police force taken 14 months prior to Kayla's death, reports from school officials, and reports made by Kayla's mother and Aunt Heather fell on DSS' deaf ears. NC DSS was the gatekeeper to Kayla's safety and they repeatedly refused to investigate or determined the allegations did not fit within their profile. As a result of "gatekeepers" ignoring pleas for Kayla, Kayla was poisoned with a granular pesticide poison.
DSS did not put the poison in Carolyn Futrell's hands but they repeatedly did not protect Kayla.
Kayla was such a bright spirit and loved by many
She Did Not Have To Die