"Primary caretaker" dad gets 2 years for abuse; child now has developmental disabilities (Sheboygan, Wisconsin)

Yet ANOTHER case where dad was the "primary caretaker" (read: unemployed guy drafted into babysitting) while Mom was working. And as is often the case, Dad wasn't up to the task. Dad JUSTIN WIEBERDINK went into a "fury" when the baby "would not burp or stop crying." Result in the short run: 3 leg fractures, bleeding on three parts of the brain, and bruises to her nose, ear, and knee. Results in the long term: ongoing developmental disabilities and delays related to the brain injury. As a result, Dad will be doing 2 years in prison; he could have served 5, but got the 2 under a plea bargain.

http://www.sheboyganpress.com/article/20091103/SHE0101/911030416/1973/SHE0204/Father-gets-2-years-for-shaking-daughter

Father gets 2 years for shaking daughter
Child's injuries linked to developmental issues
By Eric Litke • Sheboygan Press staff • November 3, 2009

Justin D. Wieberdink was convicted of child abuse-recklessly causing great harm, a felony charge filed in September 2007 after the girl suffered three leg fractures, bleeding on three parts of her brain and bruises to her nose, ear and knee, authorities said. Prosecutors recommended the two-year term after reaching a plea agreement in July under which Wieberdink pleaded no contest.

Sheboygan County Circuit Court Judge Gary Langhoff imposed the prison sentence and four years extended supervision.

"The defendant may be, generally speaking, a good person, nonetheless he does have significant problems with anger management," Langhoff said. "Her injuries were harsh and unwarranted. Her father, the person who was to be providing care and protection, failed her and instead became her abuser."

Court records say Wieberdink was the girl's primary caregiver and took care of her while the mother worked. The mother, Sarah Lambries, was not in court Monday, but prosecutor Nathan Haberman told Langhoff she has reported the injuries are having ongoing effects on the child.

"Unfortunately, this child has now been set behind the curve, as the victim's mother, Sarah, describes … that the child is now developmentally behind and seems to be confused," Haberman said, asking Langhoff to "send a message" that child abuse will not be tolerated.

Wieberdink initially claimed he dropped the child when he fell asleep holding her, but he reversed course when doctors said that could not have caused the severe injuries. He admitted going into a "fury" when the child would not burp or stop crying, bouncing her hard and fast without supporting her head for at least 30 seconds.

Wieberdink's attorney, public defender Patricia Adelman, had asked for a 6- to 12-month jail term with lengthy probation. She noted Wieberdink had no juvenile record or drug and alcohol problems, while acknowledging his adult record that includes disorderly conduct convictions for having sex with an underage girlfriend and shooting a construction worker with a pellet gun.

Wieberdink, of 2748 N. 10th St., apologized and asked for the chance to show he has "changed and become a better person."

"I know that it will affect my daughter and anyone that could have been in her life if she could have had a normal life," he said. "I don't really know who the person was who did that, because that's not who I am."

Wieberdink had faced a maximum of five years in prison.

The incident occurred in September 2007, but the case went on more than two years due to four adjourned jury trials and three adjourned plea hearings, as attorneys sought additional time to investigate, examine records and consult experts, court records show.