Dad's retrial begins in death of 20-day-old son (Dayton, Tennessee)

Dad MICHAEL WAYNE POE is being retried on murder charges in the death of his 20-day-old son. The baby died from blunt force trauma/shaking, and had broken ribs, bruising around the neck, and internal bleeding. Dad actually prevented the mom from leaving the house or calling 911 (she had to leave the house and do so the next morning). Dad had a history of child abuse against another baby that the mother was unaware of. Naturally, there was a history of violence against the wife as well.

http://www.solid-state.com/display_news/133193495/5/pennwellsolidstatetech/Poe's_Retrial_Starts_Today_in_Son's_Death

Poe's Retrial Starts Today in Son's Death
July 21, 2009 -- By Todd South, Chattanooga Times Free Press, Tenn.

Jul. 21--A jury in Dayton, Tenn., today will begin hearing evidence against Michael Wayne Poe, who is being retried on murder charges in the death of his 20-day-old son in 2006.

A jury in January found Michael Wayne Poe not guilty of premeditated first-degree murder but could not reach a verdict on charges of felony first-degree murder and aggravated child abuse.

This time the charges are felony first-degree murder, a lesser included offense of second-degree murder and aggravated child abuse, records show.

A jury was chosen from Franklin County on Monday and sequestered, the same procedure used in the January trial.

Assistant District Attorney Jim Pope is scheduled to begin proceedings today. Mr. Pope and Larry Roddy, defense attorney for Mr. Poe, said the trial could last three days or more.

Mr. Poe is accused of killing his son, Matthew, on Aug. 18, 2006.

An autopsy showed that Matthew died from blunt-force trauma and/or shaking.

The child's mother, Tammy Poe, who was then married to Mr. Poe, told authorities that her son fell off a sofa after Mr. Poe had been drying the baby.

She said Mr. Poe refused to seek treatment for the boy until the next day. Matthew was pronounced dead when he was brought to Rhea Medical Center.

Records show that Mr. Poe was convicted in 2002 by a Hamilton County jury of abusing his then-12-day-old son Taylor Poe. After an appeal, Mr. Poe was placed on unsupervised probation.

An affidavit showed that Taylor had six broken ribs, a broken leg, a broken collarbone and bruises when taken to T.C. Thompson Children's Hospital in 2001.

Matthew was born premature and spent nearly two weeks in the hospital before coming home that August, Mrs. Poe told the Chattanooga Times Free Press in 2006.

On the evening of Aug. 17, Mr. Poe gave the boy a bath and laid him on the edge of the couch to dry him, she said. Mr. Poe walked away and the boy rolled off onto the floor, striking his head, Mrs. Poe said.

She said there was no phone in the house and Mr. Poe locked the door and would not let her leave to call 911. Mrs. Poe said she went to bed, but Mr. Poe didn't come to bed and told her he slept on the couch.

The next morning, Matthew wasn't breathing and she left the house and called 911. Operators coached her through infant CPR.

"He opened one eye up, and then he closed it," Mrs. Poe said in 2006.

An autopsy report showed the baby suffered internal bleeding, four broken ribs and bruising around his neck.

The Herald-News in Dayton reported that Mrs. Poe told Tennessee Bureau of Investigation agents that she slept through the night, but during the January trial she testified that she woke at 3 a.m., saw Matthew was not breathing, then went back to sleep until 10:30 a.m.

Mrs. Poe told the Times Free Press in 2006 that she never knew of her then-husband's prior child abuse conviction.

Mr. Poe was charged with domestic violence against her in December 2004, but
the charge was dismissed after he completed a domestic violence program through the Rhea County Sheriff's Office.