Father Wins Protection Case Mother’s Boyfriend, Who Was Caring For 2-Year-Old When He Died, Is Denied Contact With Girl, 4

An Athol man can’t go near his girlfriend’s 4-year-old because he’s been charged in the death of her 2-year-old.

Under the terms of an out-of-court agreement Tuesday, Kevin Merwin will not be allowed contact with Jessica Buss.

Her mother, Michelle Buss, unhappily agreed to visit the child only every other weekend under full-time supervision of a trusted aunt.

The arrangement ends a campaign by Jessica’s father, Donald Buss, to keep the child away from Merwin, Michelle’s live-in boyfriend.

Donald Buss said Tuesday’s agreement finally will allow him to relax. “At least I know, now, that my daughter will be safe,” he said.

Merwin has been charged with injury to a child in the July death of 2-year-old Alexander Buss. Alex died under Merwin’s supervision.

Sheriff’s deputies say the boy died from an injury to the back of his head. They have not said how they think Merwin harmed the boy.

Merwin told police the child fell from a bed, but police say that’s inconsistent with the child’s injuries. Michelle Buss was at work at the time.

Donald Buss has not allowed Jessica to visit her mother since Alex’s death.

“It’s a crock,” Michelle Buss said Tuesday. “But what else could I do?”

Tuesday, in return for her limited, supervised visitation rights, Michelle Buss canceled a court hearing. She had sought a return to the informal, equal custody rights she’d had before the death.

But tensions mounted Tuesday when all three adults appeared outside a courtroom where the hearing had been scheduled.

Donald Buss and his mother appeared with photographs of Alex pinned to their shirts. A scowling Michelle Buss appeared with Merwin at her side.

“I don’t have a choice, I’ve been forced into this,” Michelle Buss said.

Friends pulled her and an angry Merwin away before the couple answered other questions. Fred Loats, whom friends identified as her attorney, declined to take a reporter’s telephone calls.

Since the death July 18, Donald Buss has lobbied authorities, prosecutors and social workers for help in keeping his daughter from Merwin.

Donald Buss said social workers told him there was little they could do until a judge ruled on custody of the child.

“I don’t care what anybody says, I didn’t want her in harm’s way,” Donald Buss said. “Now she’s not.”

, DataTimes