Babysitting dad charged in death of 3-month-old son has pretrial hearing (Norristown, Pennsylvania)

Notice that the parents did not live together, and that the mom was using dad JAMEEL EARTHY EAST as a babysitter. The baby died from two skull fractures caused by blunt cerebral trauma.

http://www.pottsmerc.com/article/20120329/NEWS01/120329415/1010/updated-pottstown-home-invasion-shooting-victim-id-d-(video)/montco-father-charged-with-baby-s-death-has-pretrial-hearing-(video)&pager=full_story

Montco father charged with baby’s death has pretrial hearing
By Carl Hessler Jr.
Posted: 03/29/12 12:01 am
Updated: 03/29/12 10:10 am

NORRISTOWN — A Towamencin father awaiting trial for allegedly fatally injuring his infant son by striking the child’s head against a sink wants to prevent a jury from hearing alleged incriminating statements he gave to detectives.

Jameel Earthy East, 23, of the 400 block of Lantern Lane, sat expressionless in a Montgomery County courtroom on Wednesday as his lawyer Kathryn L. Taxis argued two statements East gave to authorities were not “knowing or voluntary” and should be suppressed as prosecutorial evidence when East goes to trial later this year in connection with the June 25, 2011, death of his 3-month old son, Enzo. Taxis suggested East should have been provided his constitutional rights, or so-called Miranda warnings, earlier during the questioning period.

“When statements are taken, we want to make sure that the defendant is provided all constitutional protections,” Taxis, who was assisted by co-defense lawyer Jodie Lukens, argued to President Judge William J. Furber Jr. during the pretrial hearing.

Taxis suggested East could have had learning or psychological disabilities that could have prevented him from fully understanding questions posed to him and that East may have been suffering from a lack of sleep and emotional distress at the time of questioning because his child had died. “It’s on the heels of his son’s death,” argued Taxis, implying East, like “any reasonable person,” would be “worn down” and might simply acquiesce to detectives’ beliefs concerning the events.

East’s first statement was provided to detectives on June 25 while he was at The Children’s Hospital of Philadelphia and a second statement was given on June 28 at the Towamencin police station, according to testimony.
Assistant District Attorney Samantha Cauffman argued East’s statements were voluntary and that detectives acted properly during the interrogation process.

“This is a public room in a children’s hospital. This was a very easy, free-flowing conversation in a very public area,” Cauffman said about the first statement, indicating the room was not secured and nothing prevented East from leaving.

As for the second statement, Cauffman, who was assisted by prosecutor Jordan Friter, argued East understood and could read the English language and even made corrections or additions to his written statement, indicating it was voluntary and not coerced.

“He was alert and responsive,” county Detective James McGowan testified regarding the questioning, adding East showed no signs of having any learning or emotional disabilities. “I believe he was aware of what was going on.”

Judge Furber took the matter under advisement and indicated he will issue a ruling on Thursday.

East, according to court documents, gave investigators inconsistent statements concerning the child’s injuries, either claiming he didn’t cause the child’s injuries or that the baby’s head struck a wall as East fell on a stairway while carrying the baby.

However, when East was confronted by detectives about his inconsistent statements, he allegedly explained that the child vomited on his shorts and that he carried the child to the bathroom to bathe him, court documents indicate.

East confessed he was “overwhelmed” as he entered the bathroom “and struck Enzo’s head against the hard counter surface between the two sinks,” according to the arrest affidavit.

“East said he heard a loud ‘bang’ as Enzo’s head struck the back of the counter below the mirror,” McGowan and Towamencin Police Sgt. Gary Wacker alleged in the arrest affidavit. “East described Enzo as appearing to be in ‘shock.’”

East, according to court papers, told detectives he bathed the baby and then noticed that Enzo was not breathing and that Enzo’s “eyes were rolling back into his head.”

East did not testify during Wednesday’s hearing. He would not comment to a reporter about the charges as he was escorted from the courtroom by sheriff’s deputies for the return trip to the county jail, where he is being held pending his trial in May.

East faces charges of third-degree murder and unsworn falsification to authorities in connection with the child’s fatal injuries. East faces a possible maximum sentence of 20-to-40 years in prison if convicted of third-degree murder.

With the charges, authorities alleged East knowingly or recklessly caused the death of the infant at East’s Towamencin home. Third-degree murder is a killing committed with malice.

The child was pronounced dead at 8:12 p.m. June 25 and an autopsy determined the child suffered two skull fractures, caused by blunt cerebral trauma, court documents indicate.

Authorities alleged the investigation determined East was caring for the baby alone when the baby became ill and vomited on him.

An investigation of East began on June 25, when township police were notified about the baby’s injuries by officials of Montgomery County Children and Youth Services. Officials reported the unresponsive child had been transported from the Lantern Lane residence to Abington Lansdale Hospital on June 24 and then flown by medical helicopter to The Children’s Hospital of Philadelphia.

The investigation determined that the child’s 18-year-old mother had taken the baby to East’s Lantern Lane home at about 3 a.m. June 24 so East could babysit the child. The child’s mother told authorities that earlier that morning the child had been treated at an area hospital for vomiting and had been released at 2:15 a.m.

The child’s mother said the child “seemed fine when she left the hospital and then drove directly to Jameel East’s home,” according to the arrest affidavit filed by McGowan and Wacker.