Obesity: Crime or Disease?

KOBTV.com - Eyewitness News 4

Gag order lifted in case of overweight toddler, Family not ready to talk

A recent picture of Anamarie. Last updated: 01/24/2001 17:28:34 MST ALBUQUERQUE, NM For the first time in months, the family of an overweight toddler taken into state custody because she was so obese may be able to talk openly about what happened. On Wednesday, the New Mexico Supreme Court invalidated a gag order issued on the case of Anamarie Martinez-Regino by Children's Court Judge Tommy Jewell. Jewell's ruling had prevented all parties from talking about the case. However, at a press conference just after 5:00 p.m. Wednesday, the family's attorney, Troy Pritchard, said it appeared Judge Jewell still held jurisdiction over the case. He said the family wanted to talk with Jewell before speaking to the media to be sure of the judge's wishes. "I still have a lot of questions," said Anamarie's mother Adela Martinez. "I prefer to have council look at it and make sure we're doing the right thing before we do anything. I don't want to end up in court again. This is one experience I don't want to live again." The state took Anamarie Martinez-Regino from her parents on August 25th because the 3-year-old weighed 120 pounds, and officials were concerned she might die. She remained in state custody for two-and-a-half months. Jewell dismissed the case last month, but not the gag order. An attorney representing some media in the case questioned why the gag order was still in effect and asked the Supreme Court on Tuesday to rule on the gag order. It was not clear when the family would be ready to talk publicly about their experience.

 

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Saturday, November 11, 2000

ABQjournal Obese Girl Back Home

Obese Girl Back Home By Patrick Armijo
Journal Staff Writer
    Anamarie Martinez-Regino's face brightened when she recognized the woman approaching the van she rode to her homecoming.
    "Grandma!" the pigtailed 3-year-old exclaimed as Margaret Martinez approached to help bring the girl into the family's home.
    After more than two months in a foster home, Anamarie was returned Friday to her parents, Adela Martinez and Miguel Regino, under an agreement with the state.
    Children's Court Judge Tommy Jewell has said neither party admits wrongdoing in the agreement, but no other details — such as the medical treatment plan for the child — have been disclosed.
    It was not known if Anamarie's return means that her parents have regained legal custody.
    Before the girl returned home, family and friends streamed into the house with gifts, party decorations and toys. The house was decorated with purple and pink balloons. Anamarie's grandmother hung a "Welcome Back" sign on the front-porch railing.
    Anamarie's parents didn't comment to reporters and cameramen outside the home.
    Troy Prichard, the family's attorney, said a gag order in the case prevented him or the family from commenting or answering questions.
    "This is a very happy day for this family, and so we will appreciate your respecting this family's privacy, and let them enjoy themselves with this child in peace," Prichard said on the front lawn of the family's home.
    Anamarie had been in the custody of the state Children, Youth and Families Department since Aug. 25. She was 31/2 feet tall and weighed 120 pounds when she was taken from her parents. The state agency claimed the child's obesity was not being handled properly by the family, and it created a life-threatening situation.
    Her parents denied all the state's allegations.
    The child's weight Friday was not revealed.
    Two weeks ago, the state and the girl's parents came to an agreement calling for the return of the child.
    The Albuquerque Journal and four other news organizations have filed an appeal before the New Mexico Supreme Court seeking to overturn a gag order issued by Children's Court Judge Tommy Jewell in the case. The appeal is pending.
    Children, Youth and Families Secretary Deborah Hartz has told the Journal that state law prevents the agency from commenting on individual cases. Even if the gag order is lifted, Hartz said, her department would not discuss details of the case.
    Legal issues weren't the top priority at Anamarie's house on Friday.
    "They're so excited. They're so happy. I'm so happy for them," said family friend Renee Pacheco. "Our community has pulled together, and it's about time they get her back."

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