Surviving triplet sues mother, DFS

KANSAS CITY, Mo. -- Jerry Bass was 8 years old when his mother fatally abused his triplet brothers in what authorities called one of the worst cases they had ever seen.

A lawsuit filed on the boy's behalf claims that Jerry, now 11, is entitled to compensation from the Missouri Division of Family Services for the loss of his brothers, Gary and Larry.

The lawsuit, filed last month in Jackson County Circuit court, also names as defendants the boys' mother, Mary Bass; her boyfriend, Tony Dixon; and two former workers with the Division of Family Services, Kimberly L. Rosa and Melissa Johnson.

It claims that the defendants' actions contributed to the deaths of Gary and Larry Bass and deprived the three brothers of constitutional rights. It does not specify the amount of damages sought.

"Jerry Bass has been denied the companionship, services, guidance, training and counseling of his brothers," the lawsuit reads. "He has suffered damages."

The Bass brothers were victims of abuse that included being starved and beaten with a belt. Gary and Larry died in October 1999 of malnutrition and infections caused by severe burns from being placed in hot bath water.

A jury in October 2000 convicted Mary Bass of murder and other charges. She is serving eight life sentences in prison. Dixon pleaded guilty to charges of child abuse and endangering a child and was sentenced to 20 years in prison.

During the investigation into the criminal case, authorities learned that the state agency had received several hot line calls about the Bass family and had been to the home several times to investigate.

Spokeswoman Deb Hendricks said Family Services officials could not comment on the lawsuit while it was in litigation.

Kansas City attorney D. Scott Forrester, a court employee, is listed in the lawsuit as a representative of Jerry Bass. The boy lives with adoptive parents.

Forrester said he could not comment on the case while it was in litigation. John E. Turner, who is listed as the plaintiff's attorney, also declined to comment.

Challenge for plaintiff

The lawsuit poses challenges for plaintiff's attorneys, said Ellen D. Jervis, a Kansas City attorney who has filed previous litigation against the Division of Family Services. Even though the wrongful-death portion of the lawsuit seems clear-cut because the mother and boyfriend were convicted of their crimes, the case against the state agency could be lengthy and more complicated.

"This was one of the most egregious cases we've seen in our area in a long time, but it's still going to be an uphill battle," Jervis said.