Daycare operator gets 2.5 years

By Kevin O’Brien

Before being sentenced to two and a half years in prison for endangering the safety of children in her care, former daycare provider Naomi Koniecnzy heard directly from a mother whose three kids were among the victims. “Neglect, fears, lack of food, hatred — that is what you have taught my children,” said mother Nicole Samplawski at a sentencing hearing in Clark County Court last Friday. “That will now permanently hold a mark in who they are and how they are wired now.”

Samplawski urged the judge, Richard Radcliffe, not to let the system fail their children, as “we have already been failed by one of our own community members.” She said Konieczny “knew exactly what she was doing,” and it took the children themselves to “unveil a dark secret that was hidden for far too many years.”

“Anything less than the maximum sentence would greatly depreciate the seriousness of these offenses,” she said.

Judge Radcliffe did sentence Konieczny to the maximum of 10 years on two counts of recklessly endangering safety, but a majority of that sentence — seven and a half years — will be spent on extended supervision outside of prison. The sentences will be served concurrently (at the same time) so the time spent behind bars will not be added together.

The sentence handed down by Judge Radcliffe also includes one and a half years in prison on two counts of felony child neglect and nine months each on six misdemeanor child neglect charges. All of these sentences will be served concurrently with the two and a half years in prison for reckless endangerment, so that is the maximum time she will spend in prison unless she violates the terms of extended supervision. She was also ordered to pay $6,356 in restitution to the victims, plus court costs.

The prison sentence was three years short of what was requested by district attorney Melissa Inlow.

Naomi Konieczny will spend less time in prison than her daughter, Rachel Konieczny, who was sentenced in May to four years in prison, also for felony reckless endangerment. Her husband, Gary, was given probation for his role in operating a daycare in which kids were routinely confined in bedrooms for hours at a time without food or supervision.

Last Friday’s sentencing hearing was the conclusion of a two-year criminal case that started with an inspection of the Koniecznys’ home-based daycare in April of 2019 that uncovered evidence of child neglect and abuse. In two of the home’s bedrooms, children were found strapped in to high-chairs and car seats, and one child was found inside a packand- play with a piece of plywood on top that had nails sticking out.

Inlow said Naomi had been providing daycare services for 20 years and deliberately took steps to hide what she knew was wrong. She would not allow parents into the bedrooms and she lied to investigators about how many children she was watching at one time.

“This is not someone who got in over her head during the first time running her daycare,” Inlow said. “This is someone who took children in for money and then failed to provide the care that their parents expected from them.”

When addressing the court, Samplawsky discussed how Naomi took advantage of parents like her who were desperate to find daycare for their kids.

“Childcare is extremely hard to find, especially in Colby-Abbotsford,” she said. “My child is 11 years old now, and I am still on a waiting list for a newborn spot for him to get daycare. It’s ridiculous and sad to say, but it’s now happening everywhere.”

Inlow displayed photos of the heavily cluttered bedrooms where the children were kept, including one that had a mound of clothing situated above a young girl confined inside a crib.

“That pile looks like it could collapse at any minute, which could have basically killed this little girl,” she said. “It could have suffocated her. The doors were shut to these back rooms and nobody had been checking on them.”

Inlow also described how children were routinely given Benadryl in order keep them sedated while they were kept alone for hours at a time.

“Instead of actually providing a safe and caring environment, they drugged the children so they were malleable and quiet,” she said.

Naomi’s defense attorney, Wright C. Laufenberg, depicted her as someone overwhelmed by all of the children under her care. Laufenberg said his client’s biggest mistake was “her inability to say no” to parents looking for childcare and her failure to admit that she couldn’t handle all of the kids at her house.

“It is a case of neglect,” he said. “We’re not here on a case of abuse.”

Laufenberg also pointed out that Naomi faced two major traumas in her life, the death of her son to cancer at the age of 13 and the sudden disability of her husband following a car accident.

“So, she’s had to deal with significant events in her life,” she said. “In my assessment of this case, judge, she didn’t sufficiently address those and she made poor choices in not dealing with that depression and that anxiety.”

Pre-sentence investigations by both the prosecution and defense show that Naomi has a very low chance of re-offending, Laufenberg pointed out. He also noted that she has gone on to get another job at a hotel, continues to support her husband and attends counseling.

“Obviously this is not a human being that we need to lock away to protect the public from,” he said.

Still, the defense attorney acknowledged that his client had committed a serious betrayal by mistreating the children in her care.

“The parents trusted her, and she failed that trust,” she said. “That’s a huge thing.”

The district attorney dismissed any notion that Naomi was somehow incapable of stopping herself from committing the crimes she was charged with.

“She is not the victim here; the 31 children in her care are the victims,” Inlow said.

In arguing for prison time, Inlow emphasized the need for deterrence.

“We need to let other daycare providers know how seriously we take these offenses,” she said. “They need to know that they cannot simply neglect the children and rake in the cash.”

Inlow also asked the judge to consider the lasting impacts of mistreatment on the young victims.

“Children are resilient, but we may never know the extent of the harm imposed on them,” she said.

Laufenberg took issue with this line of argument, repeating the phrase “children are resilient.”

“To say there is going to be longterm consequences is pure speculation at this time, judge,” he said.

Naomi read a brief statement of apology to the courtroom.

“I am deeply sorry for my actions and choices. I let down the children and the parents. I betrayed the trust placed in me,” she said. “I take full responsibility. I look forward to proving to the community that I am a good person and accept any and all consequences.”

The judge rules

Prior to announcing his sentence, Judge Radcliffe made it clear that he was not going to be influenced by the sentences handed down to the other two defendants in the case.

“While I’m aware of those two other sentences, those two cases are not going to impact my decision today,” he said. “I am sentencing this defendant on these charges and on these facts and circumstances that are presented to me.”

Judge Radcliffe also noted that the presumption in most cases like this — where the defendant has no prior criminal history — is that probation is the most appropriate course of action.

However, in cases where the gravity of the offense is serious enough, he said a period of incarceration is justified.

“In other words, in harsher cases, probation is not an option,” he said.

This case is made more serious by the fact that the victims were children who could not defend themselves, he said. The sheer number of victims is also an aggravating factor, the judge noted.

Judge Radcliffe also spoke about the violation of trust against parents who struggled to find daycare for their kids.

“Desperate parents want to believe in the people who are caring for their children,” he said. “In this case, Mrs. Konieczny took that trust, she fostered that trust and she used that trust to her advantage.”

The judge also outlined steps Naomi took to hide her crimes, such as “having them picked up in the living room, presenting them as if they were clean and happy and fed.” He also said the length of time the neglect went on is an indication of intentional wrongdoing.

However, the judge said he had to consider some of the “mitigating factors,” including Naomi’s past traumas and her cooperation with investigators.

Judge Radcliffe referred to Naomi as a “model defendant” based on the fact that she remained out on bond for two years without one violation.

“That just tells me that she doesn’t have the character of a criminal,” he said. “She doesn’t have the criminal thinking.”

The judge said he would normally place someone like this on probation, but the wide-ranging impact of the crimes compelled him to order incarceration.

“Everybody in the community suffers a little bit when there’s a crime of this nature in their community,” he said. “Everybody feels a little bit less safe. Other daycare providers are probably a little more guarded.”

Judge Radcliffe said he wanted to strike a balance between sending a message that “this is absolutely horrible” and not punishing Naomi more than what is necessary.

“Two and a half years of initial confi nement is sufficient to punish her,” he said. “It is sufficient in my mind to send a message to other individuals in similar occupations that this type of behavior will not be tolerated.”

The judge gave Naomi until Sept. 10 to report for her sentence so that she had time to make care arrangements for her disabled husband.