Tampabay: Family questioned in mysterious death

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Family questioned in mysterious death

The mother has yet to talk to prosecutors, but her lawyers release photos of injuries they say she received in an attack the night her son died.

By AMY ELLIS

DADE CITY -- While Kristina Gaime remains silent about who may have killed her son Mathew Rotell, several members of her family were called to the county courthouse on Tuesday to answer questions about his mysterious death.

Prosecutors subpoenaed Gaime's parents, husband and brother in an attempt to unravel what happened in the hours before Mathew's body was discovered in the front seat of his mother's minivan on April 12.

Gaime's attorney, who has refused to allow detectives to question her, said he believes a grand jury investigation into the 6-year-old boy's death is imminent.

"What I've been told is that's where this is headed," said Angelo Ferlita, the Tampa attorney hired to represent Gaime, 34. "I don't know who they are looking at."

In Florida, grand jury indictments are required in all first-degree murder cases. Pasco sheriff's officials have labeled Mathew's death a homicide, although they have not named any suspects.

Authorities have complained publicly about what they say is a lack of cooperation from family members, many of whom have hired private attorneys since Mathew's death.

Meanwhile, attorneys for Gaime released photographs of injuries they say she sustained the night before Mathew's body was found.

The photographs, which show deep bruising and blisters on Gaime's heels, legs and buttocks, clearly demonstrate that Gaime was attacked, said attorney Bob Nutter.

Gaime's mother, Kathleen McDuffie, initially told authorities her daughter said she had fallen down the stairs. McDuffie later said Gaime thought there had been an intruder in her home. Gaime remains at University Community Hospital in Tampa, with family members keeping vigil by her side.

"I think it's important for people to understand that this young lady suffered some fairly serious wounds that appear to be more than falling down the stairs or anything that could possibly be self-inflicted," Nutter said. "She has lost skin and tissue in some places and is going to have to undergo additional surgery to help these wounds heal."

The case took yet another unusual turn Tuesday when a judge in Tampa issued a stern warning to members of Mathew's family, who have bickered in recent days over where to bury the Denham Oaks Elementary first-grader.

With funeral services just two days away, Circuit Judge Vivian Maye learned Tuesday that both sides of Mathew's family had purchased plots at Trinity Memorial Gardens in New Port Richey, along with clothes in which to bury the boy.

In a hastily called meeting, Maye ordered that Mathew be buried in the mausoleum purchased by his father and in clothes picked out by his mother, according to Jim Kramer, attorney for Mathew's father, Stephen Rotell. Anyone who did not abide by Maye's instructions was threatened with jail.

Maye has presided over several years of bitter custody hearings between Gaime and her former husband. Since Mathew's death, the battle has intensified over his brother Adam, 8, who is now in foster care.

"The judge apparently perceived there was some animosity between the family members and wanted to straighten it out," Kramer said. "My client is not angry at anyone. He is just grieving for his son."

Family members from as far away as Ohio and Pennsylvania will say goodbye to Mathew at separate funeral services on Thursday.

Gaime, still in a Tampa hospital with severe injuries, will attend under the close supervision of her physicians, said Ferlita. She likely will need a wheelchair or gurney, he said.

"She's not able to walk," he said. "She can barely sit up."

Gaime has said she was attacked in her home the night before Mathew's body was found. She has undergone surgery for injuries to her back, legs and feet and also may need a skin graft, Ferlita said.

Sheriff's officials have rejected Gaime's suggestion of an intruder, saying deputies were called to the home for a false alarm that morning and Gaime told them everything was fine. She appeared neither injured nor upset, authorities said.

Mathew's body was discovered about 30 minutes later by his grandmother, Kathleen McDuffie. McDuffie has backed her daughter's version of events, saying she found Gaime lying on the couch in obvious pain.

Prosecutors hope to get more answers from other members of Gaime's family.

Questioned behind closed doors for nearly two hours on Tuesday were Gaime's parents, Gary and Kathleen McDuffie; her husband, Jerry Gaime; and her brother, Shawn McDuffie.

Neither the McDuffies nor Gaime would talk to reporters after the meeting.

Phil Van Allen, the assistant state attorney handling the case, also would not comment. He declined to say whether a grand jury would be convened.

"I can't predict the future, and I'm not going to try," Van Allen said. "We are assisting the Sheriff's Office in this investigation, and we will carry that forward wherever the evidence leads us."

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