REMEMBERING EAIN

Eain Clayton Brooks was born March 11, 2008, in Buffalo, New York, to Nora Brooks and Kyle Charette. Eain was remembered for his smile and his loving personality. The people who loved him had a special nickname for him: Love Bug. He loved swimming, music, camping and spending time with his family. He had a brother and two sisters and was surrounded by grandparents, great grandparents, aunts, uncles and cousins. Eain attended Gateway Longview School and was beginning kindergarten at Buffalo School 90. He was five years old. Behind the smile remembered by his family, however, there were growing concerns about what Eain was experiencing at home. Members of his family repeatedly tried to get help for him. Those warnings would become painfully important after his death.

EAIN’S STORY

Eain lived with his mother, Nora Brooks, in Buffalo. Nora’s boyfriend, Matthew Kuzdzal, was frequently responsible for caring for Eain. On September 15, 2013, Eain was alone with Matthew. Matthew had used heroin that day. During the day, Eain had a bathroom accident. Matthew later admitted becoming frustrated with the five year old, striking him and pushing him toward the shower. Eain suffered a devastating head injury. Matthew did not immediately summon medical help. When emergency assistance was eventually called that evening, Eain was taken to Women and Children’s Hospital of Buffalo. Doctors discovered much more than an accidental injury. Eain had suffered severe blunt force trauma to his head. His skull was fractured. Evidence also showed that he had been sexually assaulted. Eain remained hospitalized for two days. On September 17, 2013, five year old Eain Clayton Brooks died from his injuries. Matthew initially claimed Eain had been injured by falling down stairs. Investigators quickly determined that the explanation did not match the severity of Eain’s injuries. Matthew was arrested and charged with Eain’s murder.

SYSTEM FAILURES & WARNING SIGNS

Eain’s death prompted intense scrutiny of Erie County Child Protective Services because his family had repeatedly raised concerns about his safety before he was killed.

Eain had been the subject of multiple CPS investigations. Family members had contacted child protection authorities repeatedly because they were concerned about him and wanted him removed from the home. CPS nevertheless determined that Eain could remain there. After Eain died, the New York State Office of Children and Family Services conducted an intensive review of Erie County CPS. The review found serious problems in the handling of reports concerning Eain. At least five complaints involving him had been improperly consolidated into other investigations. The state found that minimal contact had occurred during those subsequent investigations and that allegations were not fully explored or addressed. The consequences within Erie County were immediate. Two child welfare employees were fired. Two supervisors were suspended. The leaders of the county’s Child Protective Services and Children’s Services divisions were reassigned. Eain’s case also triggered a much broader review. New York examined all 894 open CPS investigations in Erie County following his death. The review contributed to changes intended to make child protection investigations more thorough, although the additional requirements also exposed serious staffing and caseload problems within the system.

Eain’s family continued fighting after his death. His grandmother, Robin Hart, and great grandmother, Carolyn Spring Baker, participated in public discussions about reforming the child welfare system. Carolyn helped establish Eain’s Echo Foundation in his memory. Their testimony became part of New York’s examination of how children known to protective services could still remain in dangerous homes. Years later, Eain’s name continued to be invoked in the New York Legislature as lawmakers considered changes intended to strengthen child protection investigations. Eain had people trying to speak for him while he was alive. His family called for help. Reports were made. Investigations were opened. The system responsible for determining whether he was safe left him in the environment where he ultimately died.

JUSTICE FOR EAIN

Matthew Kuzdzal was prosecuted for Eain’s death and sexual assault. Following a two week trial, a jury convicted him in September 2014 of second degree murder and predatory sexual assault against a child. He was sentenced to an aggregate term of 50 years to life in prison. The legal case did not end there. In 2016, an appellate court reversed Matthew’s convictions because of concerns about the trial court’s handling of an allegation that jurors had made prejudicial comments. The Erie County District Attorney appealed rather than retry the case immediately. In May 2018, New York’s highest court reversed that appellate decision and sent the case back for consideration of the remaining issues. On July 6, 2018, the Appellate Division unanimously affirmed Matthew’s original judgment of conviction. A subsequent request for permission to appeal was denied in September 2018. His convictions and original sentence therefore remained intact.

Matthew Kuzdzal

Relationship to Eain: Mother’s Boyfriend

Conviction(s): Second degree murder; Predatory sexual assault against a child

Sentence: 50 years to life in prison

FOREVER REMEMBERED

Eain was five years old when he died, but the people who knew him remembered much more than what happened during the final days of his life. They remembered his smile. They remembered the little boy they called Love Bug. They remembered a child who enjoyed swimming, music, camping and simply being with his family. Eain had only just reached kindergarten. There should have been school pictures and field trips ahead of him. There should have been summers spent swimming and camping. There should have been years for his personality, interests and dreams to grow along with him. Instead, his family was left fighting to make sure the failures surrounding his death were understood. Eain’s name eventually reached hearings, investigations and the floor of the New York State Senate. But long before his name became associated with reform, it belonged to a little boy his family called Love Bug. That is the Eain who deserves to remain at the center of his story. Abuse Angels remembers Eain Brooks. Remembered. Honored. Never Forgotten.