Thursday, December 31, 2009

Dad charged with breaking ribs, arm of 3-month-old son; tells police wasn't ready for the "baby thing" (Fort Atkinson, Wisconsin)

Dad MATTHEW HYKE has been jailed on 3 counts of physical abuse of a child. The 3-month-old baby had bleeding on the brain, a left rib fracture that was at least 10 days old, and a fractured arm that was at least 2 weeks old. OF COURSE, dad inflicted all this abuse while Mom was at work. I assume that means that Dad doesn't work (or at least not much)? Dad blames his attention deficit disorder (ADD), his "anger" issues, drinking (indirectly), and the fact that he wasn't ready for the "baby thing" (poor little dear). The paternal grandmother thinks all of it was just "an accident." Of Course. Even though Dad admits he raised the baby above his head and slammed him down on the bed.

Reason #1,073 on why moms need decent maternity leaves and nitwits like this need to get a job or move on.

Fort Atkinson Man Charged With Child Abuse
The man told police he wasn't ready for the "baby thing" after allegedly breaking his son's arm and rib.
Reporter: Zac Schultz

Posted Thursday, December 31, 2009 -- 4:53pm
By Zac Schultz

Fort Atkinson: On December 18, Matthew Hyke's three-month-old son stopped breathing and was rushed to the hospital. At first Hyke said the child had just bumped his head on a baby monitor. His mother, Sue Wendling, believed him. "Matthew had said that it was an accident and I believed him."

Doctors found bleeding on the child's brain, a fracture to his left rib that was at least 10 days old and a fractured arm that was at least two weeks old. Dr. Barbara Knox said the baby's injuries were "definite question."

Ten days later, Matthew told police he had a "meltdown" and admitted he raised his son above his head and slammed him down on the bed.

Hyke has been charged with three counts of physical abuse of a child. According to a criminal complaint, the 21-year-old Hyke told police he wasn't ready for the "baby thing."

His mother lives across the parking lot in Fort Atkinson. "He's been going to a psychiatrist for his anger and ADD. But this is not what I expected of him. I thought at least he'd come to me for help."

Terri Smyth-Magnus works with Jefferson County Human Services as the Child and Family Services Division Manager. She can't comment on this case, but says many young parents don't know how to cope with a new child. "We see young parents also really struggling with this, just not knowing how to function daily; go to work, take care of their child, be in a relationship."

In this case the baby's 19-year-old mother was at work when the abuse happened.

Smyth-Magnus says abuse is not something others can predict. "Often when babies are shaken or seriously injured it's a situation that just flares."

Despite the baby's injuries, Sue says he's doing fine, and should be coming home to his mother soon. "No more bleeding on the head or nothing like that."

He had been in the custody of child protective services, but Sue says the mother passed the requirements to get her child back. "(She) has to be not drinking. None in the house. There has to be no drinking, and then (the mother) gets the baby home."

Matthew Hyke remains jailed on a $10,000 cash bond.

Dad with "history of violence" beats 3-month-old son on Christmas Day (Nantucket, Massachusetts)

Dad GERSON FRANCISO LOPEZ DELGADO has been arrested for assaulting his 3-month-old son (shaking him until he vomited) on Christmas Day. That was an encore performance. On Christmas Eve, Dad assaulted the baby's mother and waved a knife at her. Not surprisingly, Dad has a history of domestic violence and was on probation for assaulting the girfriend in 2008.

Cops: Nantucket dad beat baby on Christmas Day
By Edward Mason
Tuesday, December 29, 2009 - Added 1d 22h ago

A Nantucket man with a history of violence allegedly beat his 3-month-old baby boy on Christmas Day, police said.

Gerson Francisco Lopez Delgado, a 22-year-old from El Salvador, allegedly grabbed the boy by the head and shook him until he vomited, according to Nantucket police. The baby is being treated at Children’s Hospital in Boston, where police Lt. Jerry Adams said he’s doing well.

On Christmas Eve, Delgado allegedly assaulted the boy’s mother, who police would not identify, and waved a knife at her.

Delgado, who was arrested on Christmas, was arraigned today in Nantucket District Court on charges of aggravated assault and battery on the baby, and assault and battery with a dangerous weapon for the attack on his girlfriend.

He’s being held without bail.

At the time of the holiday attack, Delgado was on probation for a prior assault against the girlfriend in September 2008, Adams said.

Adams said a dangerousness hearing was set for next month.

A call to the Cape & Islands District Michael O’Keefe was not immediately returned.

Dad with history of domestic violence assaults Mum while he's holding toddler; dad gets "anger management" classes (Burnley, England, United Kingdom)

Oh, yes. We take violence against women so very, very seriously in Merry Olde England. Note that dad MICHAEL LEE HOYLE has an extenstive history of violence against his partner, including assaults against her while she was pregnant. Mum characterizes him as "extremely controlling" (I sure don't doubt that). Just recently, he assaulted the mum (pushed her over a chair) while HE held their toddler son. This guy is truly a habitual menace. But all he's getting from the courts is "anger management." How stupid can these magistrates be? Dad doesn't have a "managment" problem. He has a giant entitlement problem, and it's only going to get worse the more you coddle him.

Dad attacked partner with child in his arms

Published Date: 31 December 2009

A YOUNG dad who assaulted his partner is going to be sent for anger management, a court was told.

Pennine magistrates heard how Michael Lee Hoyle was said by victim Jessica Metcalfe to have started being violent towards her six weeks into their two-and-a-half year relationship.

The defendant pushed her over a chair as he held their 18-month-old child in his arms. She took the infant and ran off up the street.

Hoyle (23), of Charles Street, Colne, admitted assault by beating and was bailed for a pre-sentence report.

The court was told that Miss Metcalfe would say the defendant had been violent to her throughout the relationship and had assaulted her when she was pregnant. He was extremely controlling.

She was at a friend's house and the defendant turned up with their son. He went into the property and pushed her over a chair.

The victim put the toddler in his pushchair and left. Miss Metcalfe, who was now "a bit sick" of the violence, rang police and Hoyle was arrested.

Mr Graeme Tindall (for Hoyle) said it was accepted he had a problem with anger management and he wanted help. He fully co-operated with police.

Dad, suspect in triple-murder, returning to face charges (Kennedale, Texas)

Dad JOHN HUMMEL, who is accused of murdering his pregnant wife, their 5-year-old daughter, and his father-in-law, has been caught in California and is being returned to face charges in Texas.

N. Texas triple-murder suspect returning from Calif.
Associated Press
Dec. 31, 2009, 10:01AM

KENNEDALE — A man accused of killing his pregnant wife, daughter and father-in-law and then setting fire to their home is headed back to Texas.

Tarrant County Sheriff's deputies were expected to arrive Thursday from San Diego with 34-year-old John Hummel.

He faces capital murder charges in the deaths earlier this month of 5-year-old Jody Hummel, Joy Hummel and 57-year-old Clyde “Eddie” Bedford. Joy Hummel was stabbed to death; her father and daughter died of head trauma.

Dallas television station WFAA reports investigators found evidence of multiple fires inside the Kennedale home. According to an arrest warrant affidavit, an arson dog sniffed out the possible presence of accelerants.

Federal authorities arrested Johnny Hummel while he was attempting to re-enter the U.S. from Mexico.

Quadruple murder-suicide has lasting effect on community (Greenhill, Alabama)

Last April, dad KEVIN GARNER murdered his wife, his teenage daughter, his sister, and the sister's son. His wife was in the process of obtaining a divorce--a very dangerous time for those trying to escape especially violent abusers.

Story of the Year: Quadruple murder-suicide has lasting effect on community

By Tom Smith
Senior Staff Writer

Published: Thursday, December 31, 2009 at 3:30 a.m.
Last Modified: Wednesday, December 30, 2009 at 11:41 p.m.

GREENHILL - Lauderdale County Sheriff Ronnie Willis said he almost daily hears someone bring up the tragedy that shook the Greenhill community April 7.

He said the day likely will never be forgotten.

It's the day four people were slain inside a home on Lauderdale 73. The shooter, former Lauderdale County resident Kevin Garner, was found later in the day outside his home in Priceville. Authorities said he burned the house and then killed himself.

The story was voted by TimesDaily staff members as the Story of the Year in 2009.

"It's still talked about, not just in the Greenhill community but throughout the county and even in other counties," Willis said.

He said some people continue struggling to put the event behind them.

"There's still faded bows hanging on the road signs that no one wants to take down because they want to hang on to the memories," Willis said. "This is something that's not supposed to happen here."

Investigators said Tammy Garner, 40, and her daughter, Chelsie Garner, 16, a junior at Rogers High School, were among those killed at their house. Also killed were Garner's sister-in-law, Karen Beaty, 48, and her son, Bobby, 11.

Authorities said Kevin Lee Garner, Tammy Garner's estranged husband, drove to Greenhill during the early morning of April 7. He used a door key that was hidden at the house to enter and then shot the four victims before returning to Morgan County and killing himself.

Investigators said Tammy and Kevin Garner were in the process of divorcing. She and her daughter moved to Greenhill about a year earlier to be closer to relatives.

Beaty and her son, who lived in Lebanon, Ill., traveled to the area to testify in the couple's divorce proceedings, which were scheduled for court the morning after the shooting.

"The family was so well-respected in the community and Chelsie was so well thought of and loved by her classmates," Willis said. "That's one reason the community is still mourning over this."

The sheriff said the Greenhill community traditionally pulls together in a time of tragedy. He said residents did the same in April.

"They support each other because it is such a tightly knit community," he said. "People in the community, many of whom didn't know the victims or their families, grieved just like the families grieved."

Willis said the tragic loss of life as well as Kevin Garner's act of violence shocked area residents.

"You don't want to think a father would walk in and kill his daughter, wife, sister and nephew and then drive to another county, burn his house and kill himself," Willis said. "But it happened and it continues to affect people who weren't even connected to the deaths.

"This was something we never dreamed we would have to deal with, and we hope and pray it never happens again. It was a day none of us will likely forget; I know I won't."

Kids injured trying to save mom from dad's attack (Plant City, Florida)

Dad JOSE OLIVA was attacking his girlfriend, the mother of their children, when the three brave preschool age children tried to stop him. The children were injured but not seriously. Note that Dad used custody or abduction threats to try to keep the mom from leaving him.

Plant City kids injured trying to save mom from dad's attack, deputies say
By Kim Wilmath, Times Staff Writer
In Print: Tuesday, December 29, 2009

PLANT CITY — The kids watched their dad hold a knife to their mother's side. Then he punched her in the back, deputies said.

That's when the three young children, all around preschool age, tried to stop him, said Hillsborough Sheriff's Office spokeswoman Debbie Carter.

It happened Saturday night. Deputies said Jose Oliva, 25, of Plant City, attacked his girlfriend during an argument, injuring the couple's three young children when they tried to intervene.

The woman had been washing dishes when Oliva approached her with the pocketknife, Carter said. He took her phone away and threatened to take the children to Mexico if she ever left him, an arrest affidavit states.

When Oliva fell asleep, the woman took the children, ran away from the home and called the Sheriff's Office. The kids suffered bumps and bruises, the affidavit states.

Deputies arrested Oliva without incident Sunday afternoon.

He was being held in the Hillsborough County Jail on charges of domestic violence battery by strangulation, aggravated assault with a deadly weapon, child abuse and tampering with a witness, with bail set at $57,500.

[Last modified: Dec 28, 2009 10:34 PM]

Mom of 2 slain children seeking changes in the law (Kansas City, Missouri)

Tina Porter wants an appeals procedure when Amber Alerts are denied, and better record keeping on orders of protection. Her "estranged" ex-husband, DAN PORTER, murdered their two children in 2004.,0,6402009.story

Mother of 2 slain children among those seeking changes to protect Missouri children
By Associated Press
2:12 PM CST, December 25, 2009

KANSAS CITY, Mo. (AP) — A Jackson County woman whose estranged husband killed their two children has proposed changes to Missouri laws and procedures.

Tina Porter is seeking an appeals procedure when requests for Amber Alerts are denied. She also wants more complete record-keeping on orders of protection in police databases.

Law enforcement officials and state lawmakers joined Porter as she spoke at a recent news conference.

Porter says the proposed changes could have prompted faster action when her 7-year-old son and 8-year-old daughter failed to return from a 2004 visit with their father, Dan Porter.

It was later determined that Dan Porter shot both children and buried them in shallow grave.

Tina Porter says there's a "very short window" of finding missing children alive.

Armed dad takes 10-month-old hostage; police standoff ends peacefully (Fort Collins, Colorado)

UNNAMED DAD is quite a piece of work. Seems he choked one child in the morning, then took another one hostage after a "domestic dispute" (a stupid euphemism if ever there was one). Fortunately, the standoff with the police ended peacefully.

Police standoff ends peacefully in Fort Collins
December 29, 2009

A standoff if southwest Fort Collins appears to have ended peacefully after a father was taken into custody.

The father reportedly locked himself inside his home with a 10-month-old and reportedly had a gun after an apparent domestic dispute, according to reports aired this morning on police radios.

The home is located in a development southwest of the Trilby Road and Shields Street intersection. As of about 11:10 a.m. police were preparing to enter the home to retreive the 10-month-old who is sleeping in an upstairs bedroom, according to the child's grandfather, who called 911.

Ten minutes later, police said they had one person in custody and the toddler was still alseep upstairs.

Police scanner traffic indicates there was another child, age 6, who police have already removed from the home along with the grandfather. The grandfather has told police there were at least two guns inside the home, according to officer reports to dispatchers.

The grandfather told police that a third child was choked by the father earlier this morning and has since been taken to a hospital by the mother. According to police scanner traffic the father was in a room in the basement.

Dad charged with felony child neglect in abduction of 15-month-old son (Omaha, Nebraska)

This is what a real parental abduction looks like. Dad JAREZ WILSON breaks a window to gain entry into the house, yanks the 15-month-old son out of his mother's arms by grabbing the child's arm, and then (according to witnesses) carries the boy by the leg to the car. The child was recovered four hours later. Dad is charged with burglary and felony child neglect.

Documents Detail Tug-Of-War During Boy's Abduction
Jarez Wilson Charged With Felony Child Neglect

POSTED: 4:25 pm CST December 29, 2009
UPDATED: 5:22 pm CST December 29, 2009

OMAHA, Neb. --
A 15-month-old boy was caught in a literal tug-of-war Thursday as the father tried to yank the boy from his mother's arms, according to court documents.

The abduction set off an amber alert and a manhunt for the father, 19-year-old Jarez Wilson, who later turned himself in to police.

Court documents show that Wilson broke into the boy's house through a window, grabbed the boy by the arm and tugged him as the mother tried to hang on. Witnesses in the home said Wilson held the boy by a leg as he carried him to a car.

The boy was returned to the home on North 22nd Street four hours after the call for help was sent.

The boy is doing OK.

Wilson has been charged with felony child neglect and burglary. He awaits trial in lieu of a $25,000 bond.

Lawyer: Goldman only cares abou the money (Brazil)

After al the fawning attention and free goodies that dad DAVID GOLDMAN has received from the U.S. media during his custody fight, it seems only fair to present what the press in Brazil is saying, if only for a little bit of balance.

Goldman Only Cares About the Money, Says Lawyer for Sean's Brazilian Family
Written by José Wilson Miranda
Tuesday, 29 December 2009 22:46

For Sergio Tostes, the lawyer of the Brazilian family of American boy Sean Goldman, David Goldman's announcement that he intends to sue to get back what he spent - about half a million dollars - in his judicial battle to get his son back just shows what he says always was the American's objective: getting money from the rich Bianchis and Lins e Silva.

This "reveals the character" of Goldman, he told reporters in Brazil, adding: "It's just proof that all he ever wanted was money. This is the concern that moves him."

And he continued "This statement is not surprising and it only shows the pecuniary interest of Mr. David Goldman. All he did was not in the interest of the son, it was pecuniary interest."

Tostes noted that the Bianchis, the grandparents of Sean, had already paid the American father US$ 150,000 so he would end the lawsuit against the Bianchis in which they were co-defendants charged with kidnapping the child together with Bruna Bianchi, who went with the son to Brazil five years ago when he was 4.

She ended up dying a little over a year ago when giving birth to Chiara, her daughter with famous lawyer, João Paulo Lins e Silva whom she married.

The Brazilian lawyer also said he considers "ridiculous" all the exposure NBC TV is giving to the case. The network has shown Sean interacting with the father, arriving at his old house in New Jersey, opening Christmas gifts and getting back to his toddler time's bedroom.

Tostes stated that the last lawsuit in Brazil in favor of Goldman was filed by the Brazilian Attorney General and paid by Brazilian taxpayers' money: "The Federal Government spent Brazilian taxpayers' money and he is charging for his attorney."

Sean's Brazilian grandmother, Silvana Bianchi, didn't want to make a longer comment on Goldman's actions, saying only that she was "appalled."

She talked about her own feelings, however: "I'm terrified. I'm tired of watching TV, I'm very upset, I'd rather not see."

Bianchi revealed she spoke to Sean on Tuesday. The call, according to her, was made from David Goldman's phone and lasted about 15 minutes. "I asked if he was okay, he said he was missing us a lot. It was grandma's talk, concerned with her grandson's health. He said all was going well. My heart is with him, we think of him all day."

The grandmother said that she is waiting for a court decision to visit her grandson in the U.S. "I didn't want to let Sean go, but had to allow it because of the law. So, the same way there is a law for him there is a law for me," she added in a reference to the fact that she needs legal authorization to be able to see the boy in the United States.

Tostes informed that the judicial proceedings to get Sean back to Brazil will continue in the Brazilian courts despite the decision by Brazil's Chief Justice, Gilmar Mendes, who ruled that the American boy should be handed over to his father.

"The process is not over and we still have all the available appeals including habeas corpus. Gilmar Mendes's decision was what is legally called anticipated guardianship. It was against this decision I said I wouldn't appeal, because the risk of Sean being subject to seizure by police force was immense," the lawyer stated.

Brazil's Minister of the Special Secretariat for Human Rights, Paulo Vannuchi defended on Tuesday the Brazilian court's decision to hand over Sean to his father. According to a statement from his office, the Supreme Court's (STF) decision complied with the Hague Convention, of which Brazil is a signatory.

"Any child taken from the country in which he lives to another country, and who is retained without the consent of one of the parents, should be immediately taken back, so that all matters relating to custody and visitation can be decided in the country of habitual residence," wrote the minister in a note.

Custodial dad pleads guilty to striking 3-year-old son for waking him up (Sandpoint, Idaho)

Custodial dad SHANE ANTHONY KRALY has pleaded guilty to the charge of injury to a child. Kraly struck his 3-year-old son in the head and face, causing bruising, because the little boy woke up Daddy. The boy and his 4-year-old sibling were put in protective custody because "their biological mother lives out of state." So what the hell is that about, and why does this sleeping-beauty dad have custody?

Accused child abuser pleads
Posted: Wednesday, Dec 30, 2009 - 10:07:07 am PST

SANDPOINT — A Bonner County man accused of striking his 3-year-old son because the child woke him up is scheduled to be sentenced next month.

Shane Anthony Kraly pleaded guilty to reduced charge of injury to a child during a preliminary hearing earlier this month, court records indicate. Kraly is free on his own recognizance pending sentencing on February.

Kraly, 25, is accused of hitting the child in the head and face on Dec. 12 or the morning hours of Dec. 13. The child’s bruises were reported to the Bonner County Sheriff’s Office a couple of days later.

The 3-year-old and a 4-year-old sibling were removed from the home and placed in protective custody because their biological mother lives out of state, court records indicate.

The child told a sheriff’s deputy his father hit him because he was misbehaving, an arrest report said. Kraly admitted striking the child, but did not mean to cause injuries, the report added.

Kraly was originally charged with a felony, but the offense was reduced to a misdemeanor when he entered his plea on Dec. 23, court records show.

Dad fined $1,000 for beating 7-year-old son (Belize City, Belize)

Seems the 7-year-old son fell through a damaged ceiling while trying to retrieve a toy. But instead of making sure the child was okay after such a fall, dad JAMES LOCARIO HARVEY beat him with a metal object.

Father fined $1,000 for beating 7-year-old child
Written by Administrator
Wednesday, 30 December 2009 00:00
BELIZE CITY, Tues. Dec. 29, 2009

This morning a father was lucky not to be jailed after he was charged for beating his 7-year-old son so badly with a piece of metal object that the boy had to be taken to the KHMH for treatment.

On Wednesday, December 23, 7-year-old Joel Swasey, went into the ceiling of his house to get a toy and he fell. His father felt that he had no place being there at the time and that’s why he beat him as a means of disciplining the child.

But instead of being checked for injuries after such a great fall and making sure the boy was fine, his father, identified as 42-year-old James Locario Harvey decided to beat the child.

That disciplinary measure almost had him thrown in jail after he was charged in Magistrate’s Court this morning for wounding. Locario, a Mechanic and resident of #2 Myvette Street pleaded guilty to the charge despite not agreeing with the facts of the case. In court, Magistrate Lewis imposed a non-custodial sentence after she warned him of his action and noted that he went out of line in beating the child so badly after his falling incident.

In court, Locario claimed he beat the child because he got permission from the child’s mother to discipline the child. Locario said that he was at work when the child fell that day at around 2:00 p.m. Upon his arrival, he learnt that his son had gone up into the ceiling, and the ceiling, which has deteriorated, fell in with him. It was the child’s mother who reported to incident to the police which led to Locario’s arrest.

That day the child’s mother took him to the KHMH for treatment. A doctor who saw the child after the fall observed lacerations and abrasions to the lower back of young Swasey and classified his injuries as wounding. That’s when the mother reported that the child’s father had beaten him after the fall. Locario insisted to the magistrate that after he beat the child, there was no visible injuries and that the child was fine.

Despite his disagreement to the child not being injured, he pleaded guilty to the charge of wounding and said he did not want to waste the court’s time. For the guilty plea, Magistrate Lewis fined him $1,000 plus $5.00 cost of court to be paid by March 15, 2010 in default six months imprisonment. Locario also complained to the magistrate that his constitutional rights were violated after police held him in custody for five days. He claimed he was picked up on Christmas Eve and was brought to court five days later.

Dad, 12-year-old daughter booked for fake kidnapping prank (Lacombe, Louisiana)

Dad TIM WILLIAMS, apparently the Village Idiot of Lacombe, Louisiana. His wife has already divorced him. Can't imagine why....

Father and 12-year-old daughter booked after fake kidnapping prank
By Jeff Adelson, The Times-Picayune
December 30, 2009, 8:05PM

A Lacombe man and his daughter hatched an unusual practical joke to entertain themselves as they drove down Interstate 12: tie the girl's hands, duct-tape her mouth and watch the startled expressions as their fellow drivers noticed the apparent kidnapping in progress.

It was apparently a very realistic depiction. But the man's fellow motorists, who boxed the pickup in until law enforcement arrived, and the deputies who arrested him weren't laughing.

Tim Williams, 45, was returning to St. Tammany Parish with his 12-year-old daughter after
picking her up from his ex-wife at the Texas state line Wednesday afternoon when the two came up with the idea, St. Tammany Parish Sheriff's Office spokesman Cpl. Sean Beavers said. During the stunt, duct-tape was used to bind the girl's hands and cover her mouth, Beaver said.

"I don't know who in their right mind would want to play at a child abduction with their 12-year-old daughter," he said.

It's unclear when the two first started the stunt, but at least three motorists called 9-1-1 to report an abduction after seeing the girl bound and gagged in the front seat of the pickup about 3:50 p.m. as the vehicle passed the Louisiana 1077 exit on I-12, Beavers said. Deputies rushed to the highway as several motorists surrounded the truck in an attempt to keep the supposed kidnapper from getting away, he said.

The patrol cars caught up with Williams at the Louisiana 59 exit and learned it was all a prank when they pulled Williams over, Beavers said.

Because of the severity of the situation, Williams was booked into the St. Tammany Parish jail in Covington with criminal mischief and contributing to the delinquency of a minor before being released later in the day on a $3,000 bond. His daughter, who was not identified because she is a juvenile, was cited for criminal mischief and released to the care of an uncle, Beavers said.

"Their lives were put in danger as well as the lives of the general public," Beavers said. "Anything could have happened over that prank. That's why we felt he needed to go to jail for that, too many lives were put in danger to let him go on his way."

Though the situation ended up being far less serious than it initially appeared, Beavers said he was grateful for the keen eyes of the motorists on I-12 and said such alertness could prevent a tragedy in the future.

"Even though it was a false alarm, I'm very glad the public called us and I want them to continue to call us," Beavers said. Even though this was a prank, it could easily not have been."

Dad charged with felony assault for striking 10-month-old baby in the face (Waverly, New York)

Dad TYLER BARRETT is charged with felony assault for striking his 10-month-old daughter in the face. The baby was left with a swollen and bruised left eye and cuts on her nose. Police say the assault stems from a "domestic incident between the father and mother" (police doublespeak for father was attacking mother at the same time).

Baby Allegeldy Injured By Waverly Man
By WBNG News
Story Created: Dec 30, 2009 at 10:39 PM EST

(Story Updated: Dec 30, 2009 at 10:39 PM EST )
Waverly, NY (WBNG Binghamton) A man is arrested for allegedly injuring a 10-month old baby. Police say he struck it in the face with a baby bottle.

32-year-old Tyler Barrett is charged with felony assault.

Waverly Police say it stemmed from a domestic incident between the father and mother of the child on December 26th.

The baby suffered an injury to her left eye, leaving it swollen and black and blue.

She also suffered cuts to her nose.

Barrett was arraigned and sent to Tioga County Jail to await further court action.

His bail is set at $10,000 dollars.

"Estranged" father fatally shot after child taken hostage (Christiansburg, Virginia)

UNNAMED DAD apparently abducted his 2-year-old daughter in his pickup truck. Police pursued them until Dad crashed the truck into an off-duty law enforcement vehicle. Dad then held the daughter hostage in the vehicle until an officer fatally shot the dad.

'Estranged father' fatally shot in Christiansburg after child was hostage, authorities say
By Jorge Valencia and Amy Matzke-Fawcett The Roanoke Times

A standoff between police and an “estranged father” who held his 2-year-old daughter hostage in a vehicle Wednesday night in Christiansburg ended when an officer fatally shot the suspect, authorities said.

The girl was safe and unharmed after the incident, said Maj. Dalton Reid of the Christiansburg Police Department. No law enforcement officer was injured.

About 11:30 p.m., Montgomery County Sheriff Tommy Whitt said, “There is no indication of life in the suspect.”

The father and the girl were from Christiansburg, Whitt said. He declined to identify them.

Police received a call about 8:40 p.m. of an estranged father taking his daughter in his Dodge pickup truck. Police pursued the suspect through Christiansburg. The pursuit ended when the suspect crashed into an off-duty law enforcement vehicle in a wooded stretch of Ellett Road about a half-mile east of the U.S. 460 overpass. The incident concluded before 10 p.m. when a Montgomery County sheriff’s deputy shot the suspect , Whitt said.

Virginia State Police are investigating the shooting, which is common procedure in such incidents, said spokesman Sgt. Rob Carpentieri. Christiansburg police officers and Montgomery County sheriff’s deputies responded to the call.

After the incident, officers closed Ellett Road eastward from the U.S. 460 overpass, allowing only residents through.

Several residents of streets that intersect Ellett Road nearby said they heard sirens earlier in the night. Rosalie Paige, who lives on Blossom Road, said, “I just saw police car after police car racing down the road. Now I don’t know what happened and I can’t go to sleep.”

Incest dungeon may be filled with concrete (Amstetten, Austria)

I think that the destruction of this place is the best option.

Josef Fritzl's incest dungeon may be filled with concrete
London, Thu, 31 Dec 2009 ANI

London, Dec 30 (ANI): The dungeon that witnessed Elisabeth Fritzl's pain and agony at the hands of her father Josef may be demolished and filled in with concrete, it has emerged.

Along with Fritzl's other properties, his house in Amstetten, Austria was placed on the market. But even after many months, the place found no buyers.

Liquidator Walter Anzboeck is selling the house to cover Fritzl's mortgage and bank debts following his imprisonment for life on rape, kidnap and child killing charges, reports The Daily Express.

Also, Anzboeck has ruled out plans to open the home as a macabre museum or to rent it to a TV station for a documentary on the case, and is considering plans to demolish the house, and fill in the basement before selling it on as a building lot. Buyers for Fritzl's other properties have been found.

Fritzl raped his daughter 3,000 times, fathered seven children by her and held her prisoner in a 5ft-high cellar beneath the family home for 24 years. (ANI)

While dad sleeps, 3-month-old baby left to feed alone dies in crib (Naples, Florida)

Sounds like dad BENJAMIN ROBERTO GARCIA was in charge of caretaking, since he had to telephone the mother to report that the baby was "lifeless." (Was she working nights?) So what happened? Seems Dad didn't feel like holding the baby for the midnight feeding. So he propped up a bottle on the baby's chest using pillows, then went to watch a movie. He subsequently fell asleep. He didn't check on the baby till an hour and a half later. Not till he changed the baby's diaper did he discover the baby was "lifeless."

Once again, we see the fallout from a lack of decent maternity leaves in this country, coupled with a rather clueless paternal caretaker.

Infant dies after being left to feed alone in crib while father slept
Posted December 30, 2009 at 5:49 p.m.

Naples — Authorities are investigating the death of a 3-month-old baby who died early Tuesday after his father propped a bottle on the baby’s chest while the boy was in his crib, and then fell asleep while watching a movie.

“Supervision of the child is certainly something we will be looking at,” said Erin Gillespie, spokeswoman for the Florida Department of Children and Families, which is investigating the death with Collier County sheriff’s deputies.

The boy’s father, Benjamin Roberto Garcia, 33, of 1831 55th Terrace S.W., Golden Gate, called his son’s death “an unfortunate accident.”

Garcia told investigators that around midnight he began feeding his baby, Christian, according to an incident report. Garcia said he placed Christian in his crib, placed two pillows on top of the baby’s chest, and then propped a bottle up against them to allow Christian to eat, reports said.

While the baby was eating, Garcia laid down in bed to watch a movie and then fell asleep, reports said.

When he awoke an hour to an hour-and-a-half later, Garcia smelled Christian’s soiled diaper. He lifted the baby from the crib, placed him on the bed and then changed his diaper, reports said.

When he finished changing the diaper, he noticed that Christian was lifeless, according to reports. He began compressions on Christian’s stomach, and noticed baby formula coming out of his mouth. When he attempted to give Christian a rescue breath, reports say he noticed more formula coming from his nose.

Garcia attempted to call his girlfriend and Christian’s mother, Shannon Beverly Bermingham, 28, who didn’t answer. He called for emergency response around 2:22 a.m., reports said.

When reached on the phone Wednesday, Garcia said he wasn’t sure if Christian was alive when he initially picked him up to change his diaper. He said that when he placed Christian on the bed, his arms fell to his sides.

“I just thought that he was sleeping,” Garcia said.

When deputies arrived, they found Christian warm to the touch, slightly blue and without a pulse. Collier County EMS transported Christian to Physicians Regional Medical Center at Pine Ridge, where he was pronounced dead.

Christian was just starting to laugh and squeal, and smiled when his parents talked to him in a cute voice, Garcia said. He said he and his girlfriend are handling the situation as best they can, and are getting a lot of support from family, friends and the church.

He said the investigators “could have been nicer,” and were not very compassionate.

“The baby choked. It was a bad accident,” Garcia said. “The baby just choked. That’s about all I would want to say.”

Garcia said he placed a bottle in bed with Christian “on occasion, not all the time,” adding that the baby’s crib was right next to his bed so he could keep an eye on him. He said he didn’t intend to fall asleep, but it was late.

It is unclear if anyone will be charged with a crime.

“It’s still an open death investigation,” Sheriff’s Office spokeswoman Michelle Batten said.

Garcia said he has three other children, 12, 10 and 2 years old, and Bermingham has a 4-year-old and a 6-year-old. The children are staying with other family members while Garcia and Bermingham make funeral arrangements.

Gillespie said many parents aren’t educated about what can cause a young child to suffocate. Preferably, nothing should be in a crib with a child, she said, including blankets and pillows.

“Even propping a bottle up with pillows is a bad idea,” Gillespie said. “You just don’t want that kind of material around a child at all.”

Dad sentenced to 16 year in prison for killing 2-month-old daughter (Rockland, Maine)

Dad ROBERT E. HARTFORD JR. has been convicted of domestic violence manslaughter in the death of his 2-month-old daughter, and will spend 16 years in prison. The baby died from blunt force trauma to the head after Daddy threw her to the ground. Despite all that, you still have all these folks claiming Dad was a "caring, gentle individual." Delusion is a wonderful thing, yes?

Rockland dad gets 16 years in baby death

By Abigail Curtis
BDN Staff

ROCKLAND, Maine — Robert E. Harford Jr., of Rockland, was sentenced Tuesday to spend 16 years behind bars for killing his 2-month-old daughter, Ava Harford, in August 2008.

The proceedings at Knox County Superior Court were disrupted during the morning by an angry outburst from one of Ava’s relatives.

“[Expletive] murderer! [Expletive] murderer!” Justin Gushee shouted at Harford and jumped up from his seat in the courthouse gallery. He appeared to try to move toward Harford before he was escorted from the courtroom by armed bailiffs.

Ava, just 2 months old in August 2008, died of blunt-force trauma to the head after Harford threw her to the ground.

He pleaded guilty in October 2009 to domestic violence manslaughter. A murder charge was dismissed.

Justice Jeffrey Hjelm on Tuesday afternoon sentenced Harford, who was 24 at the time of his daughter’s death, to 25 years with all but 16 suspended. He will be on probation for six years after his release from custody, the justice said.

Defense attorney Steven Peterson had asked for a sentence of 10 years, and Assistant Attorney General Leane Zainea had recommended a sentence of 20 years with all but 17 years suspended.
Hjelm hastily left the courtroom after Gushee’s outburst, and the court took an unexpected recess of about 15 minutes.

“The incident that just occurred should serve as a profound reminder to us of why the court system was founded in the first place,” Hjelm said after reconvening the hearing. “To avoid exactly the type of vigilante response we saw a moment ago.”

Before Gushee jumped up to shout at Harford, he had spoken on behalf of Ava Harford, and her mother, Kirby Hayhurst. Gushee, is Hayhurst’s cousin.

“I can’t give justice,” he told Hjelm. “I have to depend on you to provide justice for my family. I hope that you will.”

Immediately after Gushee spoke, Hayhurst stood up to read a letter to the court.

“The last memory I will have embedded of my little angel is of her lifeless body,” she said. “Time will not heal the wounds or the pain I am experiencing.”

On Aug. 17, 2008, Harford and Hayhurst — then known by her maiden name of Gushee — lived together in a home on New County Road in Rockland. Hayhurst was working in the maintenance department of the Samoset Resort that day, and Harford was home alone with the baby.

Originally, Harford said that he accidentally dropped the baby from a standing position when he picked her up for an evening feeding. But on Aug. 20, he admitted to police detectives that he had, in fact, thrown her to the floor.

“[Harford] acknowledged that he threw Ava. As he threw her to the ground, he believed she hit the side of the refrigerator,” Zainea said in October.

The violence that evening seemed completely out of character to Harford’s family and friends, many of whom spoke to the court Tuesday about his gentle, generous nature, his strong Christian upbringing and his patience with children.

“I watched B.J. jump to shovel driveways for elderly and disabled people. I raised my children to have kind and forgiving hearts,” his mother, Denise Pelletier, told the court. “I watched my son cut [Ava’s] umbilical cord. ... He was really learning, and attaching and caring for his child.”

As Pelletier spoke, Harford sat with his head down, tears dripping onto his clasped hands. He quietly wept through much of the rest of the parade of character testimonials from people who asked the court for a lenient sentence.

Retired teacher Sue Thurston pleaded for mercy for a young life “that still has value.”

Longtime friend Ashley Carlton said she still would trust Harford with her 4-year-old child.

“I believe what happened that day was nothing more than a horrible accident,” she said.

Then the 25-year-old Harford walked haltingly to the lectern on shackled legs and spoke in a broken voice.

“Ava Renee Harford. So beautiful. So full of life. So full of potential,” he said. “I wish I could make you all understand how much I truly miss her. How much I love her. I would have traded places with her 10,000 times if possible. I always would have given my life.”

As Harford spoke, Kirby Hayhurst shook her head in apparent anger.

“I’m so ashamed of myself,” Harford went on. “I hurt so many people, and I’m sorry for that.”

Before announcing the sentence, Justice Hjelm said there would be no winners in the courtroom.

“Nobody will be happy, or satisfied or gratified,” he said. “This is a very human case. It’s human because it involves the unnecessary death of a 2-month-old infant at the hands of her father. Mr. Harford is also a human who has demonstrated a capacity of being a caring, gentle individual.”

Hjelm said that although Harford’s family support was a “powerful mitigating factor,” he nonetheless received a longer sentence because, despite his capacity to nurture, he did not do so with Ava on Aug. 17, 2008.

“It’s the tragic paradox,” Hjelm said.

Peterson said his client will give “serious consideration” to appealing the sentence. With time off for good behavior and counting time already served in Knox County Jail, it is likely that Harford will be released from the state’s custody in a decade, he said.

Kirby Hayhurst, who has moved to Tennessee, married and is studying occupational therapy, said she was glad the court process is over.

“Nothing will ever bring her back,” she said after the hearing. “I just wanted [Harford] to go to the prison. He’ll get his punishment.”

No charges were brought against Justin Gushee after the outburst in the courtroom, Deputy Wally Tower of the Rockland Police Department said Tuesday afternoon.

Dad expected to answer murder charge in beating death of 8-month-old son (Buffalo, New York)

Dad DARNELL MILLER is charged with second-degree murder in the beating death of his 8-month-old son.

Father expected to answer murder charge
Eight-month-old baby died in October

Updated: Wednesday, 30 Dec 2009, 7:59 AM EST
Published : Wednesday, 30 Dec 2009, 7:59 AM EST

Judy Moore
Posted by: Emily Lenihan

BUFFALO, N.Y. (WIVB) - A Buffalo father accused in the brutal beating death of his child, is expected to answer the charges Wednesday.

Darnell Miller, 26, was rushed to the hospital just before his arraignment in Erie County Court Tuesday.

There is no word on why he was taken in.

Miller is charged with second-degree murder in the October beating death of his eight-month-old son, Demario.

Mom shot during child custody exchange has died; Dad has history of terrorizing former partner as well (London, England, United Kingdom)

We've reported on this case just recently, the mom and 4-year-old daughter who were shot by dad ANDREW COPLAND during a child visitation exchange. The daughter died almost instantly, the mother was hospitalized in critical condition. Now we hear that the mother has died as well. And--what a surprise--we also discover that Dad has a history of terrorizing a former partner.

Family gunned down in murder-suicide
By Terri Judd

A father who shot and killed his four-year-old daughter and her mother had a history of violence and had been jailed after terrorising another former partner, it has emerged.

Julie Harrison died in hospital yesterday, 24 hours after being gunned down by her estranged partner Andrew Copland, 56, who also killed their daughter Maisie before turning the gun on himself.

Yesterday friends paid tribute to a quiet, gentle and bubbly mother who was intensely proud of her "funny, cheeky" little girl.

"She was a good laugh and we had an awful lot of fun when we were together. She was a bubbly personality and had a lot of friends," said her ex-husband Kevin Moody, 47.

Ms Harrison's father, Reginald, said: "Julie and Maisie were innocent parties in this awful tragedy."

He described his daughter as a "happy-go-lucky, bubbly girl" who was "completely devoted to her daughter Maisie, our beautiful granddaughter".

He added in a family statement: "Maisie was a confident, happy, chatty, active, animated, bright young girl who brought joy to our lives.

"The loss of our beloved Julie and Maisie has devastated our family and close friends, and this is something we are having great difficulty in coming to terms with. If there is any good to come from this tragedy it is that Julie has given the gift of life to many others by donating her organs."
Neighbours described Copland as an aggressive, volatile, man who had become particularly angry when Ms Harrison, 40, walked out on him seven weeks ago. A close family friend said the embittered painter and decorator had threatened to kill his ex-wife Christine when their marriage ended in the 1980S and vowed to do the same to her new partner, one of his younger colleagues. He was jailed after setting fire to her car, said the friend, who asked to remain anonymous.

He said: "Andy introduced Christine to another man called Billy when the two men worked together in the mid-eighties. After she split from Andy she started a relationship with this much younger workmate and Andy was absolutely devastated. He went around stalking them with a crossbow and threatened to kill them both.

"When he was harassing her she was so scared I believe she even had a panic button installed in her house. In the end Copland torched Christine's car and went to prison," he continued.

William Barr and Christine, 56, married in 1987 and had two daughters.

A neighbour in Aldershot, Rachael Bryan, said that Copland had also been angry and depressed since Ms Harrison left him on November 6, adding: "When I moved in, a neighbour told me Andy wasn't having a very good time because his partner had taken the child and moved out. Someone told me that he was obsessed with her. He struck me as someone who hated women."

She explained that Ms Harrison had left the engine of her red Renault running on Tuesday morning as she dropped Maisie off to visit her father. But the police were called when it seemed that she had been locked in the house by Copland.

"We went upstairs to my bedroom window and a police car with lights flashing came and a policeman knocked on the door. I suppose he must have seen something through the letterbox because he then started kicking in the door," said Ms Bryan. "At the next moment another police car sped in. It went right over the roundabout in front of us and he rushed in and then, looking very serious, he came out and used his radio and then the cavalry arrived with police cars and ambulances.

"Later we saw the mother coming out. She had her head strapped across the stretcher and she was put into an ambulance."

Ms Harrison - who had recently written on Friends Reunited that she was in a new relationship and "happily caring for my daughter" - was taken to a specialist neurosurgical unit at St George's Hospital in Tooting, but died at 9.30am yesterday.

A former care assistant, who separated from her husband in 1996, she had become a cleaner so she could devote time to looking after her mother, Betty, who had multiple sclerosis, in her final years and had an older brother, Chris. Sally Denny, 35, whose son Noah was in the same reception class as Maisie, said: "I have known Julie two-and-a-half years. She was a lovely reliable friend and a great full-time mum. She was a quiet and gentle person."

She continued: "Maisie was so full of life n a happy, funny and cheeky girl who knew how to bring a smile to people's faces. She loved to sing songs by Katy Perry in the car on the way home from school and enjoyed playing kiss chase with Noah. In that way she was a bit of a minx. My last memory of her was seeing her perform in the school nativity. She was dressed as a star but she will always be an angel."

Yesterday tearful mothers and children from Maisie's toddler group lay wreaths beside other floral tributes being placed around the end-of-terrace house as forensic officers continued to examine the scene. The vicar of local church, St Michael's, the Rev James Martin, said: "It's really just a shock it's happened and the toddler group decided that this is what they would like to do.

"Everyone is very upset and we are appalled by what has happened. This is a very stable community and what has happened is a real shock to everyone. It's made all the more poignant and upsetting by the fact that it is Christmas."

Liz Mathias, headteacher of Maisie's school, St Michael's Infants, in Aldershot, said: "We were absolutely devastated to hear about the tragic incident involving Maisie. She was a delightful little girl and a daughter that anyone could be truly proud of."


Dad accused in murder of mom, 13-week-old daughter caught in California (Seattle, Washington)

Dad DANIEL HICKS has finally been caught and arrested for the murders of his 13-week-old daughter and her mother, his girfriend.

Man Accused In Seattle Deaths Arrested In SC
Man's Girlfriend, 13-Week-Old Infant Killed

POSTED: 6:05 pm PST December 30, 2009
UPDATED: 9:41 pm PST December 30, 2009

SANTA CRUZ, Calif. -- A man accused of killing his girlfriend and their 13-week-old daughter was arrested in Santa Cruz.

Daniel Hicks, 30, made his first court appearance Wednesday in a Santa Cruz County courtroom.
While he's accused of carrying out the murders in his hometown of Seattle, he was picked up in Santa Cruz after police tracked him through phone calls.

His attorney said Wednesday Hicks is depressed and on suicide watch.

It was a crime veteran officers in the Seattle police force said they never before seen, 28-year-old mother Jennifer Morgan and her 13-week-old daughter Emma, shot to death.

"I don't think our department has seen such a brutal act of violence perpetrated against so young a victim," police said.

In court documents obtained by Action News 8, gruesome details of the murder are laid out. The mother was shot 12 times and the daughter was shot seven times. Both victims were airlifted to a hospital but declared dead on arrival. The mother and child murdered just four days before Christmas and their bodies discovered by the child's grandmother who went downstairs to ask about a Christmas gift.

"I'm really super numb inside, my mind's racing, can't hold still. I need to keep in constant motion. I grieve for my daughter and granddaughter," said Renee Morgan, the victim's mother.

Court documents also revealed that the accused killer, 30-year-old Daniel Hicks, was suicidal and depressed. It got worse when he learned his girlfriend was pregnant and he became outraged to learn his first child was a girl, not a boy. He even questioned whether he was the biological father. Relatives said Hicks was verbally abusive to his girlfriend and baby. He was asked to move out of the house just prior to their deaths.

On Monday, Santa Cruz police arrested hicks at a pay phone after Seattle detectives traced his phone calls.

"Pretty horrific murder, we're thankful the suspect now in custody," said police.

Prosecutors in Seattle said they charged Hicks with two counts of murder.

He was in a Santa Cruz courtroom on Wednesday to see if he plans to waive extradition back to Seattle. The hearing was continued to Thursday.

Prosecutors in Seattle told Action News 8 they haven't decided whether or not they plan to pursue the death penalty.

A Seattle judge has ordered Hicks held without bail.

Dad, son accused of beating, killing Ohio man (Kansas City, Missouri)

Dad CHESTER HARVEY JR.: Another inspiring father role model in action. Is it any surprise that in addition to torturing and killing a man (with Sonny's help), he held his wife and kids hostage?

Mo. dad, son accused of beating, killing Ohio man
Associated Press Writer
Published: Wednesday, Dec. 30, 2009 - 9:20 pm

KANSAS CITY, Mo. -- A trucker and his son told investigators they tortured and killed a 20-year-old Ohio man in the trucker's basement with the help of several other people, prosecutors said in a court filing Wednesday seeking first-degree murder and other charges against the men.

Authorities have been holding 38-year-old Chester Harvey Jr., of Laddonia, and 19-year-old Chad Michael Harvey, of Eolia, on one count each of abandonment of a corpse since shortly after finding the body of James William Boyd McNeely in the trailer of Harvey's semi.

Audrain County Prosecuting Attorney Jacob Shellabarger declined to comment Wednesday about a possible motive for the killing, where in Ohio the victim was from or how the defendants knew the victim.

But in a court filing last week, authorities said a tipster told investigators that Chester Harvey killed a man, later identified as McNeely, whom he picked up in his truck somewhere in California. The tipster said Chester Harvey was keeping the man's body in his rig's trailer while he figured out how to dispose of it. The tip led investigators to the body.

In their court filing Wednesday, prosecutors said three other men charged with kidnapping in the case - Robert Nicholas Allen, 52, Jackie Don Moss, 44, and Darrill Kirtley Lynn, 45 - took McNeely from Chester Harvey's home to a home in Farber and kept him there.

Prosecutors said the Harveys retrieved McNeely and brought him back to Chester Harvey's home on Dec. 17, where they restrained him on a mattress in the basement. They said Chad Harvey, who was armed with a shotgun, and others stayed in the basement and watched McNeely to ensure he wouldn't escape.

Prosecutors said both father and son told investigators that throughout that night, McNeely was kicked, hit and threatened with death.

They said the father and son told authorities that Chester Harvey suffocated McNeely with a trash bag while Chad Harvey and others in the basement wrapped wire around McNeely's throat, according to the probable cause statement.

Prosecutors did not identify who else they believe was in the basement and took part in the killing.

In addition to the charges pertaining to McNeely's slaying, Chester Harvey has been charged with one count of kidnapping after prosecutors say he held his wife and several children hostage, including a 9-year-old son who is on dialysis and in a wheelchair.

Chester Harvey's attorney, Justin Carver, did not immediately respond to a phone message seeking comment. Chad Harvey has not retained an attorney.

Allen, Moss and Lynn were being held on one count each of kidnapping in Audrain County Jail on $50,000 bond. Shellabarger, the prosecutor, said he did not know if any of them had attorneys, and no attorneys were listed for them in online court records.

"Caretaking" teen dad gets 50 years in prison for death of 26-day-old son (Davenport, Iowa)

Dad XZAVIER POSY has been sentenced to 50 years in prison for the death of his 26-day-old son. The baby was in Dad's "care" when he suffered a blunt force trauma injury, a result of shaken baby syndrome.

Teen gets 50 years for infant’s death
Brian Wellner Posted: Thursday, December 31, 2009 12:15 am

A 17-year-old father accused of killing his infant son was sentenced earlier this week to 50 years in prison.

Xzavier Posey of Davenport pleaded guilty to child endangerment causing death in Scott County District Court Dec. 3.

Before pleading guilty, he faced a first-degree murder charge that, if found guilty, would have put him away for the rest of his life.

An autopsy on his son, Xzavier Posey Jr., found the baby died from a blunt force trauma injury he suffered while in his father’s care on Aug. 31, 2008, when he was 26 days old. He died Nov. 15, 2008.

Officials said the injury was the result of shaken baby syndrome.

Judge: Dad "unacceptable risk of abuse" after semen found on daughter's bedsheets, but he still gets visitation and Mom can't move (Sydney, Australia)

Huh? According to Family Court Judge Rodney Burr, UNNAMED DAD poses an "unacceptable risk of abuse" to his two daughters after his semen was found on one of the child's bedsheets. I'd say. But then the same judge says Creeper Dad is still entitled to see his children regularly and Mom is barred from moving.

Who the hell says that daddies are discriminated against in family court?? I'm sure not seeing it. It's looking to me like everybody is pretty literally bending over backwards for them these days.

Family Court orders rehearing
December 31, 2009

A FATHER found by a Family Court judge to pose an ''unacceptable risk of abuse'' to his two young daughters after his semen was found on the older child's bedsheet was nevertheless ruled entitled to see his children regularly, and the mother was ordered not to move them interstate.

The mother faced arrest for contempt of court orders after she moved her children and refused to return them to the state where the father lived.

But the full bench of the Family Court, in a decision released just before Christmas, has found the mother's case needs to be reconsidered by another judge of the Family Court.

In the interim, the court has allowed the children to stay in NSW, where the mother has remarried and has a new baby and the daughters are settled in school. The father will still be able to have supervised access to the children but he will now have to travel to NSW to do so.

Women's legal groups are pleased the full bench has overturned what they called an ''extraordinary'' decision by the single judge, Justice Rodney Burr, to make the mother return to the state where the father lived for supervised access even though he was deemed an ''unacceptable risk''. But men's groups say the decision is a setback for shared parenting laws.

Justice Burr had found the then six-year-old daughter's account of her father's ''inappropriate sexual behaviour'' to be ''compelling''. Of a police video of her testimony taken in July 2005, he wrote: ''What is witnessed is a young, open and engaging little girl relating a totally believable and persuasive account of inappropriate sexual behaviour by her father.''

As well, he accepted the evidence of a ''highly experienced'' child psychiatrist who concluded that the evidence was ''highly suggestive of the father having sexually abused at least [the older girl] and thereby having placed [the younger daughter] also in a situation of risk of future abuse''.

Justice Burr understood why the mother would adopt ''such an intensely obstructive attitude'' to the father seeing the children, given she had been privy ''first hand'' to the allegations of her daughter.

But he found in his decision in October last year that the children loved their father and needed a regular relationship with him through supervised visits. He did not trust the mother to facilitate contact if she was allowed to move the children to NSW.

''I am satisfied that her open defiance and blatant disobedience of previous court orders is not confined to the past,'' the judge wrote.

He also ordered the children to attend a protective behaviours program to learn how to protect themselves from unwanted sexual touching and other dangers.

The full court of three judges found Justice Burr gave inadequate regard to the father's long-term parenting capacity given the finding of ''unacceptable risk'' and he had also failed to properly consider whether it was necessary for the mother to move the children back in order for the father to have time with them.

Son overcomes years of abuse, torture by father (Apple Valley, California)

We've reported on abuser dad (and school psychologist) RICHARD SWANK before.

Standing tall: one young man overcomes years of abuse
December 30, 2009 8:49 AM

Today we continue our 10-part series profiling some of the people who made a difference in 2009. Those profiled were nominated by Daily Press readers, with the finalists selected by the Daily Press staff.

APPLE VALLEY • Someone once said it doesn’t matter how many times you get knocked down. It only matters how many times you get back up.

Resilience is an amazing trait — a trait embodied by a 24-year-old Apple Valley man who, as a boy, suffered years of unspeakable tortures at the hands of his father, Richard Swank. He was beaten unmercifully, fed table scraps like a dog, and forced to sleep in a coffin-like box or in a shower stall with the water dripping all night long. His name is being withheld because he is a sex crime victim.

But from this living hell, he made the choice to overcome.

Instead of inflicting his pain on others, he decided to make something of himself. He joined the Army and, as a tank crewman, he served in combat in Iraq and was decorated for helping to keep fellow soldiers alive.

While testifying in August, he was asked to describe his military decorations.

“This is the Good Conduct Medal,” the Army specialist 4 said. “It is given to soldiers who have never had any disciplinary action whatsoever for more than three years.”

He continued: “This is the Army Combat Action Badge. It is presented to any soldier that is under direct enemy hostile fire ... I am very proud of all my medals and ribbons. I have earned each and every one of them. It shows what I have become since leaving home.”

Most of those in court were moved to tears.

Dr. Craig R. Lareau, a forensic psychologist with a private practice in the Los Angeles area, said individuals have varied responses to abuse and trauma. The choice to overcome is usually a combination of an individual’s strong constitution and or environmental factors, such as a positive role model or counseling.

“Sometimes the person with a strong constitution and a strong moral compass ... with the help of a good role model can succeed (in life) despite horrible, horrible, traumatic experiences,” Lareau said. “We are largely what we are influenced to be.”

For all its senseless tragedy, this is an example of a victim who has triumphed, said Patricia Loy, a marriage, family therapist registered intern with the High Desert Child Adolescent and Family Services Center in Victorville. He’s probably used the anger inside him in a positive way to motivate not only himself but also other people, Loy said.

“It could just be our spirit,” she added. “I think that each of us has some kind of spirit or light within us that keeps us from going in the same path that maybe our mother or father did,” said Loy, who deals with crime victims. “It’s just something in their spirit, their personality. It’s the choice they make — I’m not going that way; I have good in me.”

Moments before his father was sentenced to life in prison plus 96 years, the young soldier spoke to the court.

“I can’t begin to describe the hell I endured as a child and missing all the simple things in life that should have been there but never were,” he said. “I hope my father lives for a very long time so he will be reminded on a daily basis of what he did to me. But he never broke me, he never conquered me, all he did was improve my resilience.”

Dad appeals 114 year prison sentence in daughter's disappearance, presumed murder (Denver, Colorado)

We've posted on dad AARON THOMPSON numerous times. Not noted here is that he initially abducted the kids from their mother in Michigan. She was unable to locate them until daughter Aarone's mysterious "disappearance" attracted media attention.

Aarone's Father Appeals
Facing 114 Years In Prison, Appeal Process Underway

By Tyler Lopez, 7NEWS Reporter

POSTED: 11:06 am MST December 30, 2009
UPDATED: 11:34 am MST December 30, 2009

DENVER -- As police continue to wonder where his little girl's body is buried, Aaron Thompson wants to go back to court.

His lawyers filed their appeal of both his convictions and sentence Tuesday with the State Court of Appeals.

Thompson was convicted in Arapahoe County District Court in late September on 31 criminal counts surrounding the disappearance and death of his daughter Aarone.

She was reported missing to Aurora police on Nov. 14, 2005.

Thompson refused to say where she was buried and was sentenced on Nov. 10 to 114 years in prison for child abuse resulting in her death, as well as dozens of other charges related to the systematic abuse of the other surviving 7 children living in his East Kepner Place home.

Thompson's live-in girlfriend, Shely Lowe, died in May of 2006 of a heart attack, just as a grand jury was preparing to look into one of the metro area's most perplexing mysteries.

"I'm not surprised. They appeal everything," said senior prosecutor Bob Chappell with the Arapahoe County District Attorney's Office. "I don't think there's a reversible error in this record. Judge Spencer made complete and careful rulings. We'll just have to wait and see."

And, as with most things related to this case, the wait will be extensive.

"The record will be due from the trial court by April 1. Generally, an opening brief is due to the court 40 days after it receives the trial record, but the public defender can put a case on an automatic extension list to get more time," said John Sarche, Public Information Coordinator for the Colorado State Court Administrator's Office.

"Frustrated" teen dad charged with aggravated child abuse; 6-week-old baby has 2nd-degree burns (Gainesville, Florida)

It's the usual nonsense. UNNAMED DAD was "frustrated" and "angry" because his @$$ was unemployed and he just didn't have any money or presents for Christmas, poor thing. So naturally, when the baby starts crying, the jerkwad dumps the kid in boiling hot water, resulting in second-degree burns. Of course the mom wasn't even at home at the time.

We need to stop using unemployed dads as babysitters! See article below on child abuse in Florida. This kind of guy (unemployed dad drafted into babysitting) is becoming the most common child abuse perpetrator.

Teen charged, accused of burning baby in bath

By Cindy Swirko
Staff writer

Published: Wednesday, December 30, 2009 at 2:02 p.m.
Last Modified: Wednesday, December 30, 2009 at 2:02 p.m.

Child abuse charges have been filed against a Gainesville teen-ager on accusations that he burned his 6-week-old baby in hot water.

The incident happened Dec. 24. The 17-year-old father and mother took the baby to Shands at the University of Florida with second-degree burns to the buttocks.

Police were called because of the nature of the injury.

"The investigation revealed that the father was frustrated that the baby was crying, and he boiled several bowls of water and placed them in the baby bath and put the baby into the hot water," Gainesville Police Lt. Mike Schibuola said. "He said he was frustrated and angry because he didn't have a job, he didn't have any money, and he had no presents for Christmas."

The baby's mother was not home when the incident happened and was not charged, Schibuola said. The father was charged with aggravated child abuse.

Dad charged with assault; was mad over dead duck (Brigham City, Utah)

Dad JEFFREY STEPHEN RUNYAN has been arrested for aggravated assault over a dead duck. Yes, I typed that correctly. See if you can follow the story below; it's pretty crazy. Seems Runyan is also facing charges of violating a protection order filed by his ex-wife, providing false charges to the police, and abusing his ex-girlfriend's child last March. And by the most interesting of coincidences, this guy's daughter was abducted in August 1982, only to show up dead a month later. Nobody was ever charged in her murder though.

Father of Rachael Runyan charged with assault
By Geoff Liesik

Deseret News

Published: Wednesday, Dec. 30, 2009 6:11 p.m. MST

BRIGHAM CITY — Prosecutors have filed charges against a Corinne, Box Elder County, man who allegedly drove his pickup truck into the side of a dairy office after becoming enraged over the death of a duck.

Jeffrey Stephen Runyan, 55, was charged Wednesday in 1st District Court with aggravated assault, a third-degree felony; criminal mischief, a class A misdemeanor; and several other misdemeanor traffic offenses.

Runyan is the father of Rachael Runyan, who was 3 years old when she was abducted from a Davis County playground in August 1982. Her body was found near a creek bed in Morgan County nearly a month later. No one has ever been arrested in her death.

Jeffrey Runyan was arrested Dec. 22 after he drove his pickup truck into the office of the Tulieview Dairy, 2800 W. 3000 North, according to a Box Elder County sheriff's report.

Two men inside the office were uninjured, the report states. They told a deputy they exited the office after it was hit and asked Runyan "what his problem was."

"Jeff ranted for a bit, then told them if they wanted some he would give it to them and that he had the guns," the report states.

Based on the threat of a weapon and on past dealings with Runyan, deputies decided to take him into custody at gunpoint. He was found in a nearby field and arrested without incident. He was not armed.

Runyan was transported to a hospital as a precaution and began to "rant" again, the report states.

"Jeff was very upset, not about being arrested but for (the neighbors) running over his daughter's duck and killing it," the report states. "Jeff told me he had been up for days and that having the duck killed was basically the last straw, so he did something about it."

Runyan allegedly told deputies he'd gone to the dairy — which is owned by the neighbor he blamed for the duck's death — with the intention of doing "donuts" in its parking lot. When Runyan couldn't get the truck to spin, he said he rammed the dairy instead, according to the sheriff's report.

In an unrelated incident, Runyan was also charged Wednesday with two counts of violation of a protective order, a class A misdemeanor, and one count of providing false information to police, a class B misdemeanor.

The charges stem from a packet of "Wanted" posters and letters Runyan mailed out to various media outlets including the Deseret News earlier this month, said Brigham City Police Lt. Michael Nelsen. The documents accuse Runyan's ex-wife, a woman who is not Rachael Runyan's mother, of "child abuse and alienation of parental affection."

In addition to the state charges, Brigham City police have also referred the case to the city attorney for a possible criminal defamation charge based on the allegations made by Runyan against his ex-wife, Nelson said.

"He's definitely in need of some sort of help," Nelsen said. "He's definitely having a problem with coping with his life now. We are concerned."

Runyan is already facing two counts of child abuse, a class A misdemeanor, and one count of theft, a class B misdemeanor, based on allegations that he physically abused his 22-month-old son with a former girlfriend in March. Runyan has pleaded not guilty and asked to have the case moved out of Box Elder County.

No defense attorney is listed in any of Runyan's cases. He remains in the Box Elder County Jail.

Dad charged with "malicious wounding" in abuse of 4-month-old son (Prince William County, Virginia)

Dad SONNY MAURICIO RIVAS-LOZA has been charged with malicious wounding in the abuse of his 4-month-old son.

Prince William County father charged with child abuse

Prince William police on Tuesday said a man was charged with child abuse after an investigation launched when his injured 4-month-old was brought to a local hospital.

Sonny Mauricio Rivas-Loza also was charged with malicious wounding.

Police released few details, but said the investigation began Dec. 15 when Rivas-Loza's son was treated at a hospital for "seizures and other medical emergencies." Rivas-Loza, who was arrested Dec. 17, is accused of abusing the infant for about a two-month period.

-- Maria Glod

By Maria Glod December 22, 2009; 3:35 PM ET


Given all the pious handwringing we're seeing from the fathers rights groups these days regarding the evils of child "abduction" (at least when Mom is doing the "abducting"), it's interesting to note that just two years ago, at least one Australian fathers rights group was advising its members that the Christmas holidays were "an ideal time to take the children without consent because the courts are on a go-slow." A wee bit of hypocrisy?

It's parental kidnapping season
By Clare Masters From: The Daily Telegraph
December 29, 2007 12:00AM

THE number of single parents kidnapping their own children is on the rise with hardline community groups advising fathers that government agencies are slow to act over Christmas.

There are nearly 200 parental abductions cases across the country every year and The Daily Telegraph understands that one single fathers' group is telling its members the Christmas holidays are an ideal time to take children without consent because courts are on a go-slow.

President of child abduction agency, Huko International, Geoff Day condemned the agency and said estranged parents often take children during the holidays - and do not return them after access visits.

Mr Day said custodial parents were frustrated because Australian laws were so outdated that it could take months to set a court date to get a recovery order.

Karen Morris, whose agency Inter-relate runs three of the Federal Government's new Family Relationship Centres, said long court waiting lists were part of the problem.

"The waiting lists in court are, and have been, an issue although they have started to come down," she said.

"Christmas is so emotive. Parents argue a lot over who gets the kids. That combined with (the fact that) some services aren't in full force does elevate the risk."

NSW has one of the highest rates of international child abduction and solicitor Sally Nichols, who deals with a number of these cases, said international cases in particular were a trend - with mothers the common culprit.

"International (abduction) is generally on the increase, and domestically it's chronic at this time of year," Ms Nichols said.

One single mother, who spoke to The Daily Telegraph yesterday, said she was told government agencies could do nothing to retrieve her daughter, who was taken by her father before Christmas, without a copy of the official court order.

But almost two weeks later she still had not seen the order and was unable to find a solicitor to take her case.

"He ended up bringing her back, but if he had not done that he would still have her.

Dad charged in motor home fire than endangered child (Carolina Beach, North Carolina)

I don't even get this. Why did dad MICHAEL DAVID GOENS set fire to the Winnebago when his daughter was inside? So SWEET of him to help her get out after the fact, but what the f***? And where is the mom? Is this a single dad?

Man charged in motor home fire that endangered child

Michael David Goens, 36, was arrested Dec. 15 and charged with burning property and misdemeanor child abuse because his daughter was in the Winnebago when the fire was set.

Published: Tuesday, December 29, 2009 at 10:00 p.m.
Last Modified: Tuesday, December 29, 2009 at 10:00 p.m.

Carolina Beach A man was arrested this month and charged with setting fire to the motor home where he lived in Carolina Beach in October, officials said.

Michael David Goens, 36, was arrested Dec. 15 and charged with burning property and misdemeanor child abuse because his daughter was in the Winnebago when the fire was set, said Chief William Younginer of the Carolina Beach Police Department.

No one was injured in the fire, which caused about $5,000 in damage to the vehicle.

Younginer said Goens got his daughter out of the trailer, and that authorities don’t allege he was trying to hurt her.

He also said police aren’t certain of a motive for the crime and that the trailer was not insured.

On Oct. 23, at 7:30 a.m., authorities went to a mobile home park on North Lake Boulevard, Younginer said.

Goens told police he saw someone run from the Winnebago, Younginer said, but other witnesses didn’t see anyone. A police K-9 couldn’t find anyone to track.

The vehicle belonged to Goens’ father, who does not want to pursue the case, Younginer said. The fire brought out an emergency response, could have endangered other vehicles in the trailer park and led to hours of investigating, Younginer said.

– David Reynolds

Wednesday, December 30, 2009

"Christmas Boy" released from hospital; boy beaten by dad's GF during visitation (Cottonwood, California)

So daddies just can't get visitation, huh? Then why did these two people got to "visit" with this 7-year-old child? Daddy JAVIER IBARRA LOPEX, who's going to prison for failing to appear on an "unrelated" felony assault charge, and his psycho girlfriend, who apparently didn't like the boy's mom, so she nearly beat the child to death. And why is Dad not being held accountable for psycho girlfriend's actions? Moms are blamed all the time ("failure to protect") for the actions of their husbands and boyfriends.

And maybe I'm missing something, but why is this child going into foster care if Mom had nothing to do with the injuries? How can you be blamed when you weren't even there? Oh right, it's always Mom's fault, even when it's not.

'Christmas Boy' released from hospital into foster care
By Jim Schultz
Posted December 30, 2009 at midnight

A 7-year-old Cottonwood boy who nearly died from injuries allegedly suffered in a beating by his father's girlfriend, has been released from UC Davis Medical Center in Sacramento and placed into foster care, a Shasta County Sheriff's Office sergeant said Tuesday.

Sgt. Lisa Shearman confirmed that the child, nicknamed Junior by his family, has been discharged from the hospital and placed into foster care, but said she could not provide any further details.

She referred all other questions to Detective Billy Cobb, who could not be reached for comment.

Meanwhile, the boy's father, Javier Ibarra Lopez, 29, has been sentenced to 16 months in prison after pleading guilty last week to failure to appear in court on a felony assault charge that was unconnected with the boy's alleged beating.

Lopez had been tentatively scheduled for a preliminary hearing on that charge Tuesday, but that hearing was canceled after he pleaded guilty on Dec. 23 and was immediately sentenced to prison, according to Superior Court records.

Lopez was never arrested or charged with any crime in connection with his son's alleged beating.
Nicknamed "The Christmas Boy" by two Shasta County women who established a fund for him, Junior had been hospitalized since deputies took him from his home on Dec. 11.

Rachel Limon, Lopez' girlfriend, told sheriff's investigators that she had beaten the boy as an act of revenge against the child's biological mother.

Limon, 27, remains in custody in Shasta County jail on charges of attempted murder, torture, aggravated mayhem, child abuse and four related enhancements. Her bail is set at $1.5 million.

Limon's 22-year-old brother, Gregory Matthew Limon, who is accused of child abuse, being an accessory and obstructing or delaying an officer, is due to be arraigned on Jan. 29.

Both were arrested on Dec. 11 when sheriff's deputies went to their Rhonda Road residence after receiving an anonymous call saying there was a severely abused child there.

Gregory Limon refused to let officers into the home, saying the boy wasn't there, although deputies entered the residence anyway and found the injured boy in a bedroom, Shearman has said.

It's believed the boy would have died within 24-hours without medical treatment, a Shasta County sheriff's investigative report says.

That report, which was released earlier this month, shows that the boy suffered six broken ribs, a collapsed lung and other injuries in the alleged assault.

"Rachel admitted to punching the victim over the course of approximately a week for various reasons," the report said. "The main reason for the abuse was out of revenge due to problems between Rachel and (Melissa) Radford."

Radford, 27, is the boy's biological mother.

The sheriff's report said that Limon, too, has a child with Lopez, which is a source of tension.

Rachel Limon is facing several life sentences if convicted and Gregory Limon faces about six years, eight months in prison if convicted, Senior Deputy District Attorney Ben Hanna said.

Child abuse soaring due to "unemployment." Why? Because unemployed dads drafted into childcare, that's why (Florida)

This article succinctly explains what I have been saying for months. It's not the "bad economy" as such that's leading to child abuse. It's the growing number of unemployed clueless fathers enlisted to do infant and toddler care (because Mom is now the sole family breadwinner). Regular Dastardly readers already know about all the "triggers" mentioned--crying, dirty diapers, potty training. Regular Dastardly readers also know that many of these dads have histories of drug abuse, domestic violence, or crime in general--yet somehow we think (with a good dose of magical thinking) that they'll be good parents. If a guy mugs a senior citizen on the streets, there's no way he's going to be good with a 3-month-old baby. People need to show some sense.

1) We need job programs to get these guys to work. Let's stop being politically correct. While some guys are just dandy with babies and young children, most--for a variety of physiological and cultural reasons--are not. And they have no desire to be with them all day either.

2) We need decent maternity leaves for the moms, so moms--statistically the safest infant caretakers--can take care of their babies. Not Dad, not the babysitter down the street who's making ends meet by taking in 15 kids in an unlicensed home.

3) For the dads who are abusers, moms need decent protection from these guys (jail with no bail for domestic violence) so they are able to leave in safety. And for gawd's sake, don't give these guys unsupervised visitation with babies. They're as good at managing "visitation" as they are at babysitting while mom's working.

Child-abuse deaths soar in Florida
State sees 20-percent increase over 2007

By Kelli Kennedy • the associated press • December 30, 2009

About 200 children were fatally abused in Florida in 2008, a roughly 20 percent increase over 2007. Unemployment rates and drug use also increased in the state — a factor in many of the deaths, according to a preliminary report.

The number of kids fatally abused who had involvement with the state child welfare agency also increased 20 percent, the State Child Abuse Death Review Committee determined in a report obtained by The Associated Press. In 2008, 79 children were killed who had some type of involvement with the Department of Children and Families in the past five years, compared with 66 children who died in 2007.

"The numbers should be a call for careful scrutiny and accountability, especially when so many of the children were already known to the department or the hotline," said Andrea Moore, child advocate and Broward County attorney who represents foster children.

The investigation verified 198 child-abuse deaths in 2008 and six deaths from previous years that weren't verified until 2008. That's an increase from 163 child deaths in 2007.

At least one of the child-abuse deaths in 2008 occurred in the Big Bend. One-month-old Tameha Bines of Tallahassee was an apparent victim of shaken baby syndrome. Her father, Darren Bines, faces first-degree murder charges.

Florida has one of the highest per-capita rates of child deaths reported to the state abuse hotline in the country, partly because its figures count such events as car accidents, drownings and suicides, which aren't included in most other states.

Twelve of the children died while in foster care, the Department of Children and Families said. Eighty-six percent of the deaths could have been prevented by a state agency like DCF or a caretaker. Seven percent were not preventable, according to the report.

But DCF officials said most of the children came into state custody as a result of abuse or with a pre-existing illness that led to their death, not because they were abused while in state care.
"The more I know about child abuse and domestic violence the more convinced I am that the roots are in substance abuse and mental health," DCF Secretary George Sheldon told The Associated Press. The agency has begun focusing more resources on treating those problems in adults and educating caseworkers on recognizing the symptoms.

Experts say the sour economy also contributed to the problem. Florida's unemployment rate jumped from 4.1 percent to 6.2 percent in 2008, accounting for the loss of about 339,600 jobs.

Unemployed men between 18-30 who watch the children while the mother is at work are the most common abusers, according to the report. Crying, toilet training and feeding are the most common triggers of physical abuse in young children.

"The fact that many of these males are unattached, non-biological fathers contributes to their inability to cope with crying and they very often lack appropriate knowledge of child development and parenting skills," the report says.

Many of the men also have criminal records and histories of substance abuse and domestic violence.

Among the deaths was a 3-month old boy who was thrown out a car window by his mother's irate boyfriend in Tampa in May. Jasmine Bedwell told caseworkers Richard McTear Jr. beat her on two occasions and threatened to harm her son. DCF determined caseworkers didn't take the threats seriously because she promised to get an injunction against him.

Sheldon said he's troubled by an increase in the number of violent child deaths, especially shaken baby deaths. He gets an e-mail alert on his Blackberry every time there's a report of a child dying from abuse.

The number of traumatic injuries increased from 45 physical abuse deaths in 2007 to 59 deaths in 2008.

About 465 deaths were reported to the Florida Abuse Hotline in 2008. Of those, 201 were verified as child abuse or neglect, according to the report.

The report comes after a newspaper investigation showed thousands of calls to the hotline each month aren't forwarded for investigation. Agency records show DCF screened out allegations of physical or sexual abuse, medical neglect and inadequate supervision of very young children. Calls from judges, social workers, school counselors and hospital workers are among those that have gone without investigation, according to The Miami Herald.

DCF has said they would review referrals from the hotline to prevention workers within 24 hours among other changes.

Tallahassee Democrat senior writer Doug Blackburn contributed to this story.

Dad charged with 1st-degree murder in death of 2-month-old daughter (Lockport, Illinois)

Dad MARK TRUBIANO has been charged with first-degree murder in the death of his 2-month-old daughter. The baby died from head injuries due to blunt force trauma--apparently from being violently shaken.

Family defends dad accused in baby's death
December 30, 2009 4:39 PM

Even as murder charges were filed today, the wife and family of a Lockport man accused of fatally shaking his 2-month-old daughter have no doubt he is innocent, his attorney said.

The family posted the $100,000 needed to free Mark Trubiano, 38, on an aggravated battery charge just hours after his firstborn child Storey Trubiano was declared dead at 12:37 a.m. at Children's Memorial Hospital from head injuries she apparently suffered Monday.

The infant, who was already brain-dead on Tuesday, died of cerebral injuries due to blunt-head trauma from child abuse, according to the Cook County medical examiner's office. Her death was ruled a homicide.

Trubiano was in the process of being bonded out when prosecutors upgraded the battery charge to one count of first-degree murder. Judge Robert Livas then increased Trubiano's bond from $1 million to $5 million.

Trubiano slumped into his chair, his hands shackled in front of him, after the judge's decision.
Donald DeWilkins, the family's Orland Park attorney, said Trubiano's "whole family" is supportive of the lifelong Lockport resident.

"He's a grieving father who is being unfairly condemned," DeWilkins said outside the courtroom. "It's a rush to judgment."

The family told him their statements to investigators were "coerced" and twisted to bring charges against the girl's father, he said.

"They took the family in a time of weakness and basically forced him (to make a statement)," DeWilkins said.

Two days after Christmas, paramedics were called to the Trubianos' Lockport home around 7:40 p.m. after receiving a report that an infant wasn't breathing, said Lockport police Lt. Dave Draksler.

The baby was taken to Silver Cross Hospital in Joliet and then to Children's Memorial, he said.

On Monday, a team of investigators was sent to the hospital after Lockport police were told the infant had suffered injuries consistent with "that of a shaken baby," he said.

Authorities declined to comment on the complaints aired by the family's attorney.

DeWilkins declined to say whether the infant had prior health problems or give the family's account of what occurred.

-- Steve Schmadeke