Dad charged with 2nd-degree murder in death of 9-year-old daughter (Ventura County, California)

I've seen several cases like this in the last few months--shaken babies who "survived" horrendous abuse with permanent, devastating brain damage--only to die years later from the medical complications. Proscutors are attempting to now press murder charges in some of these cases.

Dad HARRY PAHL is the latest test case. His infant daughter survived for 10 years after her initial assault, before finally succombing to pneumonia. He is charged with 2nd-degree murder.

Note that this guy is (at minimum) a two-time loser. He abused a son in 1997 and then took a lot of nicey-nice parenting classes. Fat lot of good that did, eh?

http://www.vcstar.com/news/2010/apr/06/judge-orders-pahl-to-trial-to-face-charges-in-of/

Man to be tried in connection to child's death
Prosecutor says abuse as an infant killed girl years later
By Raul Hernandez
Posted April 6, 2010 at 3:56 p.m. , updated April 6, 2010 at 7:19 p.m.

A judge Tuesday ruled there was sufficient evidence to hold Harry Pahl for trial in connection with the death of his 9-year-old daughter who, prosecutors say, died as a result of shaken-baby syndrome that occurred when the girl was an infant.

Ventura County Superior Court Judge James Cloninger said Pahl’s bail will be kept at $500,000 and set his next court appearance for April 23.

During a two-day preliminary hearing, prosecution witnesses, including Dr. William Goldie, who treated the girl in 1997, Assistant Chief Medical Examiner Janice Frank and the girl’s mother, testified about what happened prior to and after the incident.

Father charged

Barbara Pahl died on Feb. 7, 2007. The injury occurred on Aug. 29, 1997. The girl’s father is being charged with second-degree murder along with a new and additional felony charge of child abuse resulting in death.

During closing arguments in the hearing, prosecutor Richard Simon asked Cloninger to take judicial note that Pahl asked the court to order his death twice, which Simon said shows a consciousness of guilt for his actions. Pahl’s lawyer, Philip Capritto, disagreed, urging the court not to consider Pahl’s remarks. Cloninger told the lawyers that he took Pahl’s remarks as “a form of grandstanding in court” and wouldn’t consider it as evidence.

Goldie, who practices pediatric neurology, testified for more than hour. He said that his examination of Barbara Pahl on Sept. 16, 1997, showed signs of shaken-baby syndrome and asphyxiation. Goldie, considered an expert on shaken-baby syndrome and child abuse, testified he also found evidence that someone had put their hand over the girl’s mouth and nose, causing decreased oxygen flow to her brain.

Tracing child’s injuries

Capritto grilled Goldie about his findings, conclusions and other possible causes, including the handling of the child by caregivers, parents and others before and after the 1997 incident.

Testimony showed that Pahl allegedly lied when he told the baby’s mother, Veronica Alamillo, that he had taken the child to a doctor to treat her eye, which Alamillo said had a problem focusing. Prosecutor Simon said this happened before the Aug. 29, 1997, incident, which meant that Pahl was trying to hide the child abuse.

On Monday, Frank ruled that Barbara Pahl’s death was a homicide. Frank said the girl died of pneumonia that she linked to severe brain injury. Frank said she concluded the child’s death was a homicide based on the autopsy, along with reviews of medical, police and district attorney reports.

Capritto argued that Frank couldn’t say with medical certainty that Barbara Pahl died as a result of severe brain trauma caused by her father, adding that Frank didn’t review the nine years of medical history while the girl was in a residential-care facility.

Simon told the judge that this was a “pretty horrific case,” noting that Harry Pahl had previously abused his then-young son before the death of his daughter.

Simon said Pahl, of Oxnard, was found guilty of child abuse in the 1997 incident and went through parenting classes.