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Alleged neglect by uncle kills disabled girl


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POSTED: Friday, February 19, 2010

A disabled girl with Hawaii parents was found dead in Phoenix, the apparent victim of a caregiver uncle who told police he intentionally withheld medication and proper nourishment from her, knowing it would lead to her death.

Leonard Raymond Orta Jr., 47, of Phoenix was charged with first-degree murder in the death of Kaiya Kapahu, who would have turned 6 yesterday. Phoenix police found Kapahu dead Wednesday in Orta's two-bedroom apartment.

It is believed Kapahu had been dead for about four weeks, police said in documents filed yesterday in Maricopa County Superior Court.

Kapahu, who suffered from Rett syndrome, a neurological disorder that mostly affects girls, was unable to speak, required constant care and needed medication to treat seizures.

Kapahu's parents live in Hawaii and are going through a divorce, according to court documents. Her parents could not be reached for comment. Relatives in Arizona declined comment.

;[Preview]  Hawaii Girl Killed In Arizona
 

Young girl with special needs was killed in Phoenix and allegedly at the hands of her caretaker and uncle.

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At about 12:41 p.m. Wednesday, police responded to a call from Orta's father, Leonard Orta Sr., who said he got into an argument with his son after he would not let him check on his granddaughter, court documents said. The last time he had seen his granddaughter was in mid-January after he returned home from surgeries.

A stroke had left Orta Sr. with limited movement on the left side of his body. He also works the graveyard shift.

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Orta Sr. told police he noticed a foul odor in the apartment he shares with his son and granddaughter. He opened Kapahu's bedroom door, but Orta pushed his father away from the doorway, prompting him to call police, according to court documents. Orta Jr. fled the apartment before police arrived. Officers discovered Kapahu lying on Kapahu's bed.

Orta Sr. told police his son had been acting oddly. He noticed his son going into Kapahu's room more often but had not seen her come out for some time.

Orta Jr. told his father that Kapahu was admitted to Phoenix Children's Hospital and St. Joseph Hospital. Orta Sr. checked the hospitals and found she had not been admitted as a patient, court documents said. He confronted his son about what he had learned Wednesday and attempted to force his way into Kapahu's bedroom.

Orta Jr. had been Kapahu's legal guardian since July. He has previous experience caring for special-needs children, having served as a caregiver in Europe for 25 years, according to court documents.

Orta Jr. told police he intentionally withheld Kapahu's medication for 10 days and failed to provide proper nourishment, according to court documents. When he discovered she was dead, Orta Jr. hugged her for a few minutes and then “;positioned her in her bed to make it appear as though she died in her sleep with a feeding cup under her neck and shoulder area with the hopes of (Orta Sr.) discovering Kaiya deceased,”; court documents said.

An autopsy was to be conducted. Orta Jr.'s preliminary hearing is scheduled for March 1.