Child abuser cries, but returns to jail

James Whittle tearfully asked for forgiveness in court Monday and said he would trade places with “Lizzy” Goodwin if he could.

First District Court Judge John Mitchell forgave Whittle, but declined to release him on probation, instead sending him back to prison for at least another year of his 10-year sentence for breaking the leg of Lizzy while she was toilet-training.

Elizabeth “Lizzy” Goodwin died Oct. 22, 2002, after drowning in a bathtub in the Whittle household. Lizzy was autistic and the foster child of the Whittles through a private agreement with Lizzy’s mother.

Denise Whittle, James Whittle’s wife, also was convicted of felony injury to a child as part of a plea agreement after originally being charged with manslaughter in Lizzy’s drowning death. Last year, both Whittles entered an Alford plea, which means they acknowledged that the prosecution had enough evidence to convince a jury of their guilt, but they did not admit actual guilt.

Denise Whittle served six months of a 10-year prison term in a retained jurisdiction “rider” program. After six months, Mitchell released her on eight years of supervised probation.

But he left James Whittle in prison for another six months because of concerns regarding his temper. The hearing Monday was the second chance Whittle had to be released on probation.

Deputy Prosecutor Lansing Haynes said he did not oppose probation, as long as it came with an order to not contact Lizzy’s mother and two former caregivers of Lizzy. Whittle had previously threatened one of the caregivers when he was out on bond before his conviction, Haynes said.

Whittle told the judge in a voice cracking with emotion that he was sorry for the pain he’s caused his family and for being belligerent at his last court hearing.

“If I could change things, I’d do it in a heartbeat,” he said. “Every day I think of Lizzy.”

Mitchell said it appeared that Whittle had made some progress, but not enough to make him feel comfortable releasing Whittle on probation. A recent psycho-social report from the Department of Corrections reflected poorly on Whittle and noted that his marital relationship with Denise “appears to be a destructive relationship.”

Mitchell noted that if he freed Whittle, he would not allow contact with his wife or two biological children.

“I’m not sure who you’d be allowed to see based on this March 21 report,” he said. “What I see really corroborates why you pled guilty … You broke a child’s leg in a way that never added up to me to be less than willful.”

Whittle was sentenced to 10 years in prison, three of which were fixed. Because he has credit for 580 days already served, it will be a little more than a year before he is eligible for parole.

Whittle’s court hearing coincidentally came a day before children’s advocates in Kootenai County kick off a month of activities to raise awareness for child abuse prevention. Today at noon, dignitaries and organizations that serve families and children will hold a ceremony to remember victims of child abuse and rally the community to prevent future occurrences. The ceremony is at the Harding Family Center, 411 N. 15th St. in Coeur d’Alene.