Mother gets 3 years in son's beating death

Teen's medical care and courts also faulted
Saturday, June 03, 2006
BY ANA M. ALAYA
Star-Ledger Staff

A woman convicted of beating her son who later died of his neck wounds in a hospital was sen tenced yesterday to three years in prison.

Calling Matthew Calbi's death "a tragedy for the entire family," Superior Court Judge William C. Meehan told the weeping woman who was led away in handcuffs that she must now take on the responsibility she failed to show on Aug. 17, 2003.

"We all know that teenagers can be excitable people, but parents should take control of situations, not exacerbate them," Meehan said.

It was after a night of heavy drinking that Calbi tried to make amends with her angry 14-year-old son by bringing him breakfast in bed in her Old Tappan condominium.

Instead, according to Calbi's court admissions, the pair began fighting and Calbi kicked her son in the neck, rupturing an artery. He died 12 hours after he was rushed to Pascack Valley Hospital in Westwood.
"Linda Calbi was selfish, compulsive and immature, and she was weak," Assistant Bergen County Prosecutor Catherine Fantuzzi told the judge yesterday.

It was the first time Matthew and his younger brother, Dean, had stayed overnight at Calbi's home after the divorced mother tried to commit suicide, the prosecutor said.

The case at the time shocked the upscale Bergen County area where the Calbis lived and drew the attention of then-Gov. James E. McGreevey, who ordered an intense review of how the family had been handled by the state Division of Youth and Family Services. The agency had a 2 1/2-year history with the Calbis and an open file on the boy at the time of his death.

McGreevey called the crime "heinous" and promised that Linda Calbi would be prosecuted to the "fullest extent of the law."
Initially, Calbi was charged with murder and could have faced at least 30 years in prison if convicted. However, a grand jury indicted her on the lesser charges of aggravated assault and child endangerment -- based in part on medical reports that the hospital care was deficient.

In April, she pleaded guilty to aggravated assault.

Under the terms of the arrange ment, Calbi will have to serve 85 percent of her prison term and pay $14,205, partly to cover costs of Matthew's funeral.

In a Hackensack courtroom yesterday, Calbi's lawyer said his client was too distressed to speak, so he read a letter that the 49-year-old mother wrote to Dean:

"I love you and pray to God that when I am released from prison ... you will come to understand that what happened to your brother is not black or white, there were contributing factors here, he should not have died, he should be here with us now," she wrote.

Calbi's ex-husband, Christopher Calbi, who was not in the Old Tap pan home at the time of the fatal fight, expressed anger.

"The irresponsible reckless actions of this woman have opened up a hole in my heart that will never heal," Christopher Calbi told the judge. "Dean and I have suf fered an immeasurable loss."

Christopher Calbi criticized the family court system for "rewarding" his ex-wife instead of punishing her, by allowing her to go on vaca tion while the case was pending, and for ordering him to pay her alimony.
Meehan cut him short, however, noting that those matters are not handled by the criminal court.

Linda Calbi's lawyer, Ian Hirsch, said she has "cried every night" since her son's death. He said Mat thew suffered from attention deficit hyperactive disorder and had a history of fighting with his mother. He also blamed Pascack Valley Hospital, calling it "Death Valley Hospital," for Matthew's death.

"Matt languished in Pascack for 12 hours under superficial observation, every time he moved his neck or body tearing the subclavian artery (causing) little more leaking blood into his thorax and pericar dium sac protecting his heart," Hirsch said.

Three medical experts for the defense concluded that Matthew's life could have been saved if staff at Pascack Valley Hospital recognized the seriousness of his injury sooner. They were highly critical of the care given Matthew, who died from internal bleeding and heart failure.

Christopher Calbi is suing the hospital and treating doctor for malpractice.

Matthew Calbi's death focused renewed attention on DYFS, which was already under fire for its handling of other child abuse cases.

Calbi was investigated by the agency after a drunken driving ar rest and accusations that she beat Matthew, and again after overdos ing on a prescription drug.