Dad with "shared custody" charged with 2nd-degree murder in death of 15-month-old son; why was father with history of assault, sexual abuse granted any custodial rights? (Glens Falls, New York)

We first posted on this case the other day, before dad GARY LEE WAITE's custodial status was clarified. We now hear that this daddy had "shared custody" of a vulnerable 15-month-old toddler DESPITE A HISTORY OF ASSAULT AND SEXUAL ABUSE. Still more evidence of the triumph of fathers rights over ordinary decency. Mothers and children have a right to basic safety? Not under the new regime, pal.

Was this court-ordered custody? If so, what upstate judge has blood on his or her hands this time? Or was this custody that Mom "voluntarily" agreed to in order to avoid upstate New York's notoriously FR-infested family courts?

http://www.news10.com/story/16963235/glens-falls-father-charged-in-15-month-old-boys-death

Glens Falls father charges upgraded to murder

Posted: Feb 17, 2012 4:37 PM CST

GLENS FALLS, NY - The Glens Falls father accused of abusing his 15-month-old boy to death has been charged.

Gary Lee Waite, 28, was first charged with Assault. Waite is now facing charges of Murder in the 2nd degree, Manslaughter in the 2nd degree, and Endangering the Welfare of a Child.

On Monday Glens Falls police responded to Waite's home for the report of a medical emergency. The 15-month-old Jesse Smith was transported to Glens Falls Hospital and from there airlifted to Albany Medical Center, where he had surgery and was reported on life support.

On Wednesday Jesse Smith died after suffering from severe head injuries allegedly caused by Waite.

Waite admitted to police that he became frustrated with Jesse's crying after he had fallen, and when he wouldn't stop crying, Waite said he threw Jesse across the couch and the boy bounced off the couch striking the hardwood floor. Waite then told police Jesse fell into a metal chair when he was trying to get his sippy-cup.

Waite, who has a criminal history for alleged assault and sex abuse, shared custody arrangement with Jesse's mother.

Waite will be arraigned next week. Stay tuned with NEWS10 ABC for updates.

Family tells NEWS10 ABC that a wake for Jesse will be held Monday, February 20 at Gospel Lighthouse Church on 30 Lacrosse Street in Hudson Falls from 4:00 p.m. to 7:00 p.m. The funeral will take place at the same church on Tuesday, February 21 at 11:00 a.m.