Wednesday, November 16, 2011

Dad on trial for assaulting infant son during 1st overnight custody visit (Bourg, Louisiana)

This is so freaking typical. Mom is attacked at trial because she might have been "depressed" as a teenager--like maybe 90 percent of teenagers?

Meanwhile, dad PAUL DION JR. has a history of domestic violence and gets overnight custody visits with an infant anyway. His VERY FIRST VISIT, he "allegedly" assaulted the baby by violently shaking him, causing severe brain damage. While Daddy was out on bond, he violated the mother's order of protection.

Still think daddies are oppressed by the legal system?

Who the hell thought it was a great idea to give a violent man like Dion exclusive care of a helpless infant? Babies do not need or benefit from overnight visits with their absent fathers, especially with their absent abusive fathers.

http://www.houmatoday.com/article/20111115/HURBLOG/111119682/-1/opinion?p=1&tc=pg

Trial begins for dad accused of shaking baby

By Eric Heisig
Staff Writer

Published: Tuesday, November 15, 2011 at 8:41 p.m.
Last Modified: Wednesday, November 16, 2011 at 12:56 p.m.


Nearly two years ago, as Melissa Thibodeaux watched her infant son, Spencer Dion, being examined by doctors at Thibodaux Regional Medical Center, she wasn't hopeful he would survive.

“I said to him, ‘Fight for mama,' ” Thibodeaux, 44, said as she fought back tears in court Tuesday. “ ‘Fight, Spencer, fight.' He would try to open his eyes, but they would roll back.”

Thibodeaux's recounting of the night of Dec. 12, 2009, was the main focus in the beginning of Tuesday's trial for the boy's 45-year-old father, Paul Dion Jr. of Bourg. Dion is charged with second-degree cruelty to a juvenile. He is accused of violently shaking his son, which allegedly caused the severe brain damage.

Dion's fate rests with Terrebonne Judge George Larke, who will determine a verdict after hearing evidence and testimony. If convicted, Dion faces up to 40 years in prison. He is free on bond. Dion opted for a bench, rather than a jury, trial.

Dion, a truck driver, allegedly had his son, Spencer Dion, for a custody visit and returned him to the boy's mother after telling her the baby was refusing to take his bottle during the weekend.

Dion's attorney, Barron Whipple, never questioned that Spencer was abused. However, he questioned whether Dion was the one that actually shook the child. He said Thibodeaux's romantic history, including three divorces and nerve problems when she was a teenager, may mean she was the one that shook him. The time frame when the abuse took place means that Dion may have not been with his son when he was abused, Whipple said.
“Through experts, we will prove the abuse definitely or probably happened before he picked up the child,” Whipple said during his opening statement.

Shaken-baby syndrome is a catch-all medical description for injuries that occur when babies are violently shaken. Brain injury and even death can result, according to the National Institute of Neurological Disorders and Stroke.

Spencer, now 2, will never be the same due to the alleged abuse, Thibodeaux said during her testimony.

“I'm his 24-hour caregiver,” Thibodeaux said. “I have no help. He doesn't eat a bottle from anybody but me.”

During opening statements, Assistant District Attorney Mark Rhodes said Dion “has permanently ruined his child's life.”

Thibodeaux denied having any anxiety or depression while she was a teenager. She did, however, say that Dion was abusive to her while they were in a relationship, though she never reported it to police.

Thibodeaux said the weekend the abuse happened was the first time Dion had taken his son for an overnight visit under their new custody agreement. She said she called him multiple times to make sure Spencer was fed.

The night Spencer was taken to the hospital, Dion called her, saying the infant had thrown up after being fed. After a few calls, Thibodeaux and Dion agreed to meet at the Cajun Country Casino truck stop on La. 182 to give him back. While there, Dion was holding Spencer tight, saying “I love you,” Thibodeaux said.

“He said, ‘It's probably going to be a long time before I see Spencer again,' ” Thibodeaux recounted.

When Thibodeaux arrived at her mother's house in Lafourche Crossing, she said it was immediately apparent that something was wrong.

“His legs and arms were shaking. His eyes were twitching, and his lips were shaking,” Thibodeaux said.

Thibodeaux and her mother drove to the hospital. Spencer was later taken to Children's Hospital in New Orleans, where he stayed for three weeks. During that time, his condition improved, Thibodeaux said. However, those were some of the longest days of her life, she said.

At one point, Dion tried to visit his son, but he was not let in by the state Department of Child and Family Services, she said.

Remarkably, Thibodeaux said, Spencer has progressed far beyond what doctors said he would be able to. He can communicate, she said, and is able to be fed. He can stay sitting up, she said, though he needs to be propped up.

“They told me I was going to be taking care of a vegetable. He will need 24-hour care. He will never see or hear,” Thibodeaux said.

At one point Dion, out on bond after his arrest, allegedly violated a protective order requiring him to stay away from Thibodeaux and the baby. He was freed after saying he was not in Lafourche Parish. A new order was issued stating that he could not enter Lafourche Parish.

Then he was spotted driving a sugar-cane truck in October 2010 at Raceland Raw Sugars and charged with violating the new order. Thibodeaux has said she called for help getting the order enforced. Rhodes and fellow prosecutor Bud Barnes traveled to Lafourche Parish to see that the order was complied with.

The trial is expected to end this week. Multiple doctors, as well as police, are expected to testify.