Accused killer dad with "shared custody" pleads not guilty to murder of 15-month-old son (Queensbury, New York)

Mothers who have babies as the result of a "one-night stand" should not be forced into "shared custody" arrangements. In fact, such an arrangment should be actively discouraged and avoided. It is nothing but a fantasy that people should or will "co-parent" with no shared history beyond drunken sex on a Saturday night. Seriously, what are the chances that this kind of  father (i.e. sperm donor) will have or develop any meaningful relationship to the mother or child? Or even has any interest in doing the same? None. But there is going to be total resentment regarding child support obligations, which will put the mother and child at risk.

http://wnyt.com/article/stories/S2528750.shtml?cat=300

Accused child killer pleads not guilty

Posted at: 03/07/2012 10:37 PM | Updated at: 03/08/2012 10:43 AM
By: Dan Levy

QUEENSBURY - Gary Waite, 28, told a judge Wednesday afternoon that he's not guilty of murdering his 15-month-old son. Warren County's district attorney says she intends to prove otherwise.

A grand jury thought there was enough evidence to indict Waite on murder, manslaughter and child endangerment charges. District Attorney Kate Hogan believes she has enough evidence to convict him.

Pleading not guilty in court backs up what Waite said to Glens Falls Police last month, saying in a statement, "I know that I am innocent."

What investigators know for sure is that Waite and a woman named Lisa Smith had a one-night stand that produced a baby. They never married and they shared custody.
On Feb. 13 Jesse James Smith was at his father's apartment on Orville Street in Glens Falls and tings went terribly wrong.

"No one abuses a child in Yankee Stadium with 3,000 people looking," said Hogan. "It is very common in child abuse cases to have no witness other than the victim and whether the victim survives and can speak or not is different in every case."

In this case, little Jesse died.

Waite's version to police went like this: "(Jesse) got up and just fell forward and he hit his face on the metal legs of a chair. I saw his eyes were rolling back in his head and he was gasping for air. Jesse was just breathing and not moving. All I know was my son was f***ed up."

"Medical evidence is critically important in these cases to prove the causation of the injury and whether that causation is consistent with the explanation offered," Hogan said.

Waite's statement to police continued: "He was freaking out and crying. It went on for 20, 25 minutes to a half hour. I got frustrated and I tossed Jesse to the other end of the couch and he bounced off the couch, falling on the hardwood floor. I did not mean to hurt Jesse. I just tossed him right there because he wouldn't stop bugging out and calm down."

Relatives of the child's mother declined comment while leaving court.

"Any parent who loses a child has a grief that's insurmountable," Hogan said. "To lose a child in such a violent way by someone who you trusted, I think is a real heavy burden."

Waite remains in the Warren County Jail without bail. There is also an order of protection that prevents him from trying to get in touch with Smith.

A murder conviction carries a sentence of 25 years to life. Manslaughter can bring 15 years to life.