McDonald also said Smart used his cell phone to videotape his "sickening" murder, and that it was the worst child abuse cas she's ever seen.
An autopsy found blunt force trauma caused Trinity's death in December 2020.
Our reporting first exposed caseworkers from Child Protective Services came to check on Trinity at her mobile home in Groveland Township the night before her death. Only, they chose not to remove her.
“As a community, we are accountable for not protecting that child," McDonald said.
Digging deeper, records show CPS had spent months investigating child abuse, yet the alarming bruises and filthy living conditions spelled out in police reports never led to a 911 call. CPS workers simply left Trinity with Smart.
"Do you still have any questions about why those workers left?” I asked the prosecutor.
“We failed this little girl. Of course, I want to know how and why," McDonald said.
“He got mad and lost control of his temper and we’ve lost her as a result," Osterberg said.
She's appalled by a lack of answers. In the report, police don't focus on whether or not CPS broke the law by leaving Trinity with Samuel. The Office of Children's Ombudsman has done a separate review, but won't release their results for another 2-3 months.
Despite several calls to Director Suzanna Shkreli appointed by the governor, our interview requests have been denied.
“I did to what I’m obligated to do. I referred this to the correct office for investigation and that took place over a year ago," McDonald said.
The Michigan Department of Health and Human Services, which oversees CPS, has also declined an interview.
In another bombshell, the department confirms two of the CPS workers who went home that night are still on the job. They won't say if they violated policy, were ever disciplined, or if any policies changed after Trinity's death.
“When they went over there the day before and she had marks on her, they could have removed her. But they didn’t," Cunningham said.
Furthermore, reports show CPS failed to take Trinity to the hospital to be examined for internal injuries the night before she died. State law speaks to the role of CPS having the authority to do so by saying, “The department shall have a medical evaluation made without a court order if the following occurs… The child's health is seriously endangered and a court order cannot be obtained…” -
“I believe they should be charged too because this went on from October to December. They kept leaving her there and could’ve called me," Cunningham said.
“I will continue to press for that investigation. Whether that’s a criminal investigation, I don’t direct," McDonald said.
Our reporting has grabbed the attention of State Sen. Jim Runestad, who is calling for a new law to hold CPS to a higher standard for transparency.