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Grandparents locked girl in bathroom for six years

Rivae L. Hart, 49, has been in the Montgomery County Jail since Jan. 27. She was indicted Feb. 4 on charges of kidnapping and third-degree felony child endangering.

Brian G. Hart, 50, has been in the Montgomery County Jail since Jan. 27. He were indicted Feb. 4 on charges of kidnapping and third-degree felony child endangering.

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By Lou Grieco, Staff Writer Updated 7:31 PM Thursday, February 10, 2011

DAYTON — Two Dayton residents have been accused of keeping an elementary-school aged girl locked in an apartment for six years, letting her out only to go to school.

Brian G. Hart, 50, and his wife Rivae L. Hart, 49, have been in the Montgomery County Jail since Jan. 27. They were indicted Feb. 4 on charges of kidnapping — a first degree felony punishable by up to 10 years in prison — and third-degree felony child endangering, punishable by up to five years in prison.

“There’s no viable explanation,” said Dayton Sgt. Larry Tolpin.

A common pleas judge set a $50,000 bond for both Harts on Tuesday, Feb. 8.

The girl, now 9, is the biological maternal granddaughter of Rivae Hart. The Harts were legal guardians of the girl and her 8-year-old brother since 2004, said Ann Stevens, spokesperson for Montgomery County Job and Family Services.

Four children lived at the family’s apartment at 4825 Hassan Circle, including the victim, her brother, and the Harts’ two biological sons, who are 12 and 14, Stevens said. All of those children are in foster care, she said.

The girl told a school nurse about her captivity, and the nurse contacted children services, Tolpin said.

Stevens said children services opened a case on Jan. 18. She said the girl was singled out for the treatment.

Tolpin said the girl was locked in a bathroom, barricaded behind two dressers, from the time she came up from school until the time she left again the next morning.

“Meals were inconsistent at best and basically the living conditions were deplorable,” Tolpin said.

The girl slept on a fold-up cot with a blanket but no pillow, Tolpin said.

The Harts told police that they started locking up the girl when she started exhibiting behavioral problems at age 3, Tolpin said.

However, a psychologist examined the girl back then and said her actions were normal for a 3-year-old, though the Harts disagreed, Tolpin said.

The Harts gave statements to police that corroborated key parts of the girl’s story, Tolpin said.

The girl is in the fourth grade and her development is normal Tolpin said. Earlier this month, a common pleas judge ruled she was competent to testify before the grand jury.

Apparently, the girl confided with some adults when she was in the first grade, but nothing happened, so she had a distrust toward adults, Tolpin said.

She was even locked in during weekends, Tolpin said. She would be allowed out of the bathroom during special occasions, such as when relatives were visiting, but police believe the last time was at Christmas 2007, Tolpin said.

The Harts have little history with the criminal justice system, according to records in Dayton Municipal Court and Montgomery County Common Pleas Court.

There was an investigation in 1998 after their then-2-year-old biological son arrived at Children’s Medical Center with seizures and minor bruising. The Harts told police that they believed the bruising came from a dog leash the boy liked to play with, according to the police report.

Tolpin said the Harts were never charged in that situation. The boy had developmental and physical disabilities that might have resulted in those injuries, he said.

Contact this reporter at (937) 225-2057 or lgrieco@DaytonDailyNews.com.

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