The Misery Machine - The Case of Jeremiah Oliver
Episode Date: August 15, 2023This week, Drewby and Yergy head south to Fitchburg, Massachusetts, to discuss the case of Jeremiah Oliver, a sweet little boy who was failed by DCF. He was killed by his mother's boyfriend, Alberto S...ierra, and left in a suitcase in the brush along the side of the highway. It has taken over a decade now for Jeremiah to get the justice that he deserves. Support Our Patreon For More Unreleased Content: https://www.patreon.com/themiserymachine PayPal: https://www.paypal.me/themiserymachine Join Our Facebook Group: https://t.co/DeSZIIMgXs?amp=1 Instagram: miserymachinepodcast Twitter: misery_podcast Discord: https://discord.gg/kCCzjZM #themiserymachine #podcast #truecrime Source Material: https://www.legacy.com/us/obituaries/telegram/name/jeremiah-oliver-obituary?id=11783326 https://www.findagrave.com/memorial/121849984/jeremiah-oliver https://www.sentinelandenterprise.com/2015/04/18/timeline-in-the-jeremiah-oliver-case/ https://www.masslive.com/news/2013/12/social_worker_in_jeremiah_oliv.html https://www.cbsnews.com/news/mass-mom-boyfriend-arrested-in-disappearance-of-boy-5/ https://www.wbur.org/news/2013/12/18/jeremiah-oliver-caseloads https://www.dailymail.co.uk/news/article-2529024/Parents-arrested-police-search-boy-5-seen-September-reported-missing-week.html https://www.lowellsun.com/2014/04/21/jeremiah-olivers-dad-wants-justice-for-son/ https://www.nbcnews.com/news/us-news/i-want-answers-father-slain-5-year-old-boy-seeks-n85326 https://www.boston25news.com/news/timeline-the-case-of-missing-5yearold-boy-jeremiah-oliver/141817125/ https://www.wcvb.com/article/family-organizes-new-search-for-missing-fitchburg-boy/8194046# https://www.masslive.com/worcester/2019/02/ashley-cormier-admits-to-lying-in-connection-with-the-case-of-5-year-old-jeremiah-oliver-to-serve-1-year-probation.html https://www.telegram.com/story/news/local/north/2019/02/21/fitchburg-woman-on-probation-for-lying-to-investigators-in-jeremiah-oliver-case/5882095007/ https://www.cbsnews.com/boston/news/jeremiah-oliver-death-homicide-dcf-fitchburg-massachusetts/ https://www.sentinelandenterprise.com/2021/04/18/seven-years-later-still-no-justice-for-jeremiah-oliver/ https://www.telegram.com/story/news/local/north/2019/02/21/fitchburg-woman-on-probation-for-lying-to-investigators-in-jeremiah-oliver-case/5882095007/ https://people.com/crime/massachusetts-mom-elsa-oliver-pleads-abuse-son-dead-suitcase/ https://www.nbcboston.com/news/local/prosecutors-reveal-new-details-in-death-of-5-year-old-jeremiah-oliver/3054892/ https://www.bostonherald.com/2018/11/11/jeremiah-olivers-killer-still-walking-free/ https://www.dellisonlaw.com/massachusetts-dangerousness-hearings https://www.bostoncriminallawyer.com/dangerousness-hearing-pre-trial-order-of-detention.html
Transcript
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Jeremiah Oliver was born on December 8th, 2008, in New Britain, Connecticut to parents Jose and Elsa Oliver, who would eventually split.
He had four surviving siblings, Romeo, Juliana, Sixtoe, and Brandon.
His older brother, Jose Jr., passed away in 1998.
Jeremiah was described as a beautiful child who loved Spider-Man, the outdoors, playing at the park, and souped up cars.
He wanted to be a police officer when he grew up.
In September of 2011, when Jeremiah was just three years old,
the Department of Children and Families became involved with the Oliver family
after authorities first received a report about possible neglect in their home.
According to DCF officials, a caseworker from the department's Worcester office,
the family thrived under their supervision.
In October of 2012, the family moved to a department on Clarendon's,
in Fitchburg, Massachusetts.
Their case was eventually transferred to the North Central Area Office
and a new social worker was assigned to the case.
After the move, this new social worker conducted home visits in February and April.
These were the only home visits completed,
even though Massachusetts social workers are required to visit the home monthly
to ensure the child's well-being.
In May of 2013, 28-year-old Elsa Oliver began dating 22-year-old Alberto Sierra,
a man who already had a history of putting his life.
his hands on women and children. Just a year prior, a woman filed a restraining order against
Alberto, alleging that he hit her and their son and threatened to kill them both and burn down
her parents' house. The last time anyone from DCF saw Jeremiah was on May 20, 2013, when an investigator
met up with Elsa and the boy to follow up on a report of CA involving her oldest child, aged nine.
The investigator reported that Jeremiah was precocious, talkative, and articulate.
However, it was very clear that the family was in trouble.
In June of 2013, three reports of DV in the home and a threat of homelessness were never followed up on by DCF.
The report indicated that Jeremiah's preschool called the social worker to express concern that the child was coming to school hungry and that Elsa was considering moving to Florida.
In August of 2013, the family moved to a new apartment just a mile away, a 276 Kimball,
Street in Fitchburg, Massachusetts.
A month later, the social worker assigned to the Oliver family recommended that they be
released from state oversight.
September 14th of 2013 would be the last time anyone saw Jeremiah Oliver.
But of course, his disappearance would not be discovered for months.
On December 2nd of 2013, Jeremiah's seven-year-old sister,
told counselors at Rheingold Elementary School that Alberto had been beating her, her mother,
and her brothers with a belt and his fists.
Authorities were subsequently notified by the school, and in response, police executed a search
warrant at the family's apartment.
Worcester County DA Joseph Early would not give specifics on the evidence, but it was enough
to bring charges against the children's mother and her boyfriend.
He stated, quote, I don't want to speculate, but we're treating this as a homicide investigation
based on the facts that we have, end quote.
A neighbor in the family's building said she heard loud noises on December 12th,
the night before police showed up.
She said that she'd seen the two older children,
but in her two months of living there,
she had never seen Jeremiah.
On December 14th of 2013,
Alberto Sierra was arrested in charge with harming Jeremiah,
his sister, and their mother.
He faced two counts of assault and battery with a dangerous weapon,
with the weapon in question being a knife.
He also faced two counts of assault and battery of a child causing bodily injury.
He was held without bail pending a dangerousness hearing.
Now, a dangerousness hearing, for those unaware, in the state of Massachusetts,
is when the prosecution requests that a judge hold the defendant without bail for up to 120 days.
This is normally done surrounding crimes of violence, sorry, felony offense where the prosecution feels
that the defendant would be a substantial risk in harming another person if they're not.
they got out on bail. Some factors taken into consideration during one of these hearings include
the nature of the offense, history of mental illness, criminal record, and risk that the defendant
could threaten or injure witnesses to their crime. Elsa Oliver was arrested on December 16th in
charged with two counts of reckless endangerment of a child and two counts of accessory after the fact of a
felony. That same day, DCF fired the social worker handling Oliver's case. It was later
revealed that the social worker received a raise just before Jeremiah was reported missing.
In addition to this raise, the worker received a merit-based promotion on November 27th.
In all, four employees would go on to be fired or suspended for their gross in action with
regard to Jeremiah's case.
Elsa appeared in the Fitchburg District Court on the following day, or her lawyer requested
that she undergo a mental evaluation prior to her arraignment.
A judge granted that request, and Elsa was held without bail pending the results.
On December 24th, a judge ruled that Elsa could be released on $100,000 bail if she wore a
monitoring bracelet, resolved a contempt case in juvenile court which demanded that she produced
Jeremiah and deal with her mental health issues.
About 30 people attended the court hearing in support of Jeremiah's father, Jose, who expressed faith in the police investigation in his desire to find his son.
He stated, quote, the cops are doing a good job. Let them do their job. I just want to find my son. That is all.
That same day, police spoke with local tattoo artists looking to find any information about a tattoo that Elsa had recently acquired.
The tattoo of a butterfly had the date of September 25th.
2013 written next to it. As Jeremiah was last seen 11 days before that date,
investigators became curious about the date's significance. Unfortunately for Jose, he could not
keep himself out of trouble. On December 30th, the 41-year-old was arrested in New Britain,
Connecticut on felony drug charges after attempting to sell 30 baggies of heroin to an undercover
police officer. He was released on Bond on
January 2nd, 2014, and vowed to seek custody of his other two children that had been placed into
foster care. Later, those children would be sent to Florida to live with Elsa's family members.
The same day, the Worcester County DA's office announced that police and firefighters were digging
near the Nashville River in Fitchburg in search of Jeremiah. But they did not find him.
Miguel Flatis, a U.S. Navy reservist with a background and conducting search and rescue training,
organized various searches, which included rescue dogs.
He aimed to search areas of the city that had not been covered prior by police.
In early January, Miguel received a tip that Jeremiah was removed from his Kimball Street home in a black suitcase.
In fact, Miguel and his team came across a black suitcase off Route 2 by Mount Elam Road,
but an investigation by state police found it to not be linked to Jeremiah.
Between January 24th and March 27, 2014, a number of court hearings took place.
Elsa was found competent to stand trial in charges including reckless child endangerment.
Moments later, the boy's uncle, Sandrino Oliver, erupted in anguished rage.
He repeatedly wailed, where is my nephew, as his wife tried to hug him and cover his mouth.
Court officers and state troopers swarmed him and wrestled him out of the courtroom while
family members and friends tried to shield him.
The group spilled out onto the sidewalk still jostling and shouting with one another.
Sandrino ran down the street where he hunched against a building and began to sob.
A month and a half later, three more people were arrested in relation to the disappearance of Jeremiah Oliver.
Alberto's brother, 21-year-old Christian Sierra, his girlfriend, 23-year-old Kaylee Tebow,
and 34-year-old Ashley M. Cormier, all of Fitchburg, Massachusetts, were charged with lying to a grand jury about their activities and communications.
In addition, criminal indictments were handed up by a Worcester County grand jury against Elsa Oliver,
and Alberto Sierra.
Finally, Alberto was granted a bail of $250,000.
On April 18th of 2014,
a little boy's body was found along I-190 near Sterling, Massachusetts.
It had been wrapped in a blanket and stuffed inside a suitcase,
just as Miguel Flatus had predicted.
According to Worcester County District Attorney Joseph Early Jr.,
the body had not been positively identified as Jeremiah.
Still, the height and the weight of the body were consistent with Jeremiah's size.
A few days later, these remains were confirmed to be Jeremiah Oliver.
An autopsy later revealed that the little boy died of homicidal violence of undetermined causes.
According to his father, Jose, quote,
It hurts more now.
Now that I know that he's dead.
I would have preferred not finding him at all and have that hope alive than finding him dead.
It brings some kind of peace, but not.
no closure because he's dead.
I didn't get to enjoy him.
He was always happy.
He had that puppy dog look in his eyes and that smile,
just innocent, an innocent kid, end quote.
On August 22nd, 2014, Christian Sierra, Ashley Cormier, and Kaylee Tebow were indicted
on charges of lying to investigators and a grand jury about the Jeremiah Oliver case.
The three later went on to plead guilty, with sentences ranging from a year's probation,
to two and a half years suspended sentence with credit for time served.
In 2017, Elsa Oliver and Alberto Sierra were convicted in Worcester Superior Court
on charges related to the abuse and endangerment of Elsa's other two children.
Both Elsa and Alberto had received charges related to Jeremiah's death,
including kidnapping, assault, battery, and permitting injury to a child.
However, they were dropped to avoid double jeopardy while the homicide investigation
continued. On August 1st, 2017, Alberto pled guilty to harming Elsa and her children.
He was sentenced to six to seven years of imprisonment, with probation to follow. A week
later, Elsa pled guilty to CA. She was sentenced to seven and a half years in jail.
Both received credit for time served prior to their convictions. According to the Western
Massachusetts Regional Women's Correctional Center in Chiquipy, Elsa was released on January 10th,
Alberto was released from the North Central Correctional Institute in Gardner on March 25th of the same year.
However, hope was not lost here. On May 17th of 2023, new details of Jeremiah's death were released.
According to the prosecution, witnesses have come forward to the police over the years,
painting a picture of a violent relationship between Alberto and Elsa.
Jeremiah's mother revealed to investigators that in September of 20,
She and Alberto had a fight at their home where he headbutted her in the face.
When she went to clean up, Jeremiah, who was in a kitchen closet, came out and said,
Don't hurt my mommy.
That was when prosecutors claim, Alberto slammed the child's head into the floor.
Elsa said that her son was not moving after this, and when she tried to intervene, she was
attacked and she eventually passed out.
Jeremiah was often left in the kitchen closet because of perceived issues with disobeyed.
Jeremiah was placed back in the closet after this attack and was found not breathing the following day.
His mother kept the apparent date of his death in a journal.
Later, Alberto allegedly put Jeremiah's body in a bag and left it in a hole,
but later became concerned when the community began looking for the missing boy.
Allegedly, with the help of others, Alberto moved his body several times.
Alberto Sierra, now 32 years old, was arrested and held without bail.
He's currently facing charges of homicide and disinterring a body.
On May 26, he pled not guilty at his initial court hearing.
He is scheduled to reappear in court on June 28th.
As his case hits close to home, we'll watch for updates as Alberto's trial progresses.
Jeremiah's funeral was held on Saturday, May 3, 2014 at the Rollstone Congregational Church
at 199 May Street in Fitchburg, Massachusetts.
He was laid to rest at the Hope Cemetery in Worcester
beneath a headstone that his community crowdfunded for him,
which bore a variation of Jeremiah 29-11,
which reads,
For I know the plans I have for you, declares the Lord.
Plans to prosper you and not to harm you.
Plans to give you hope and a future.
A granite bench dedicated to Jeremiah's memorial
was installed at Cogsall Park in Fitcher.
near the children's playground in Mirror Lake.
As we always say, if you see something, say something.
Several witnesses knew what was happening in the Oliver household,
but it took years for anyone to come forward.
It shouldn't have taken a decade for Jeremiah to get the justice that he deserves.
