Saturday, March 29, 2014

Custodial dad convicted in death of 3-year-old son (Martinsburg, West Virginia)

The non-custodial mom may not have been "mother of the year"--but then we aren't told what she (allegedly) did, are we? Meanwhile, Daddy was clearly worse by any measure, as it does not appear that Mom has a history of torture killings, does she?

So who decided Daddy was the better parent, and why?

Notice that the girlfriend claims that Daddy was violent against her. Chances are that he has a history of domestic violence with the mother as well--but still got custody of vulnerable child. Typical of the fathers rights influence on the courts and social services.

Dad is identified as JAMES N. MAULDIN.

http://www.heraldmailmedia.com/news/tri_state/west_virginia/berkeley-county-man-charged-with-death-of--year-old/article_11aba224-b6d6-11e3-97ae-001a4bcf6878.html

Berkeley County man charged with death of 3-year-old son found guilty on all counts

Posted: Friday, March 28, 2014 8:07 pm | Updated: 10:55 pm, Fri Mar 28, 2014. Posted on Mar 28, 2014

by Matthew Umstead

MARTINSBURG, W.Va. — A Berkeley County Circuit Court jury on Friday found a man charged with the 2012 New Year’s Day death of his 3-year-old son guilty on all counts.

James N. Mauldin, 22, who is to be sentenced May 29, was convicted of single counts of death of a child by parent, guardian and/or custodian by child abuse, child abuse causing serious bodily injury, malicious assault and presentation of false information regarding a child’s injuries in the death of Kaiwon Connelley.

Mauldin also was convicted of two counts of gross child neglect creating substantial risk of serious bodily injury.

“We’re grateful for the jury verdict,” Berkeley County Prosecuting Attorney Pamela Games-Neely said of the jurors’ findings, which came after about two hours of deliberation.

Mauldin, who was taken into custody upon the conclusion of the trial that began this week, faces a maximum sentence of not less than 17 or more than 70 years in prison, according to sentencing statutes cited by Games-Neely.

23rd Judicial Circuit Judge Michael D. Lorensen formally scheduled the sentencing hearing for Mauldin in place of the trial’s presiding circuit judge, John C. Yoder, who had an afternoon medical appointment.

In a separate trial in November, Jasmine Dawkins, 24, who was Mauldin’s girlfriend at the time of Kaiwon’s death, was convicted on two felony counts of gross child neglect creating substantial risk of serious bodily injury and one misdemeanor count of presentation of false information of a child’s injuries to medical personnel.

Their indictments alleged that the couple falsely stated to authorities that the child fell and struck his head, causing the injuries at their apartment at 214 Joshua Drive near Martinsburg.

Kaiwon had multiple head injuries, including a fractured skull, brain bleeds and severe burns, police have said.

“He was the most (physically) abused child we’ve ever seen in the system,” said Games-Neely, who has served as the county’s prosecuting attorney since 1993.

Dawkins had told police the injuries were the result of Malden punching Kaiwon several times a few days before the boy was hospitalized. She did not report the alleged mistreatment, because she was afraid of being abused herself, Dawkins had told police.

The boy was pronounced dead at Children’s National Medical Center in Washington, D.C.

“He systematically abused this boy,” Games-Neely told the jury in her closing arguments.

While showing the jury a photo of the child’s burned buttocks, Games-Neely said “This is most malicious thing I’ve seen in a long time.”

Games-Neely recalled the testimony of a forensic nurse who examined the child, noting Kaiwon was the most abused child she had seen.

Games-Neely acknowledged that Kaiwon’s biological mother did not deserve to be nominated for “mother of the year” for a prior incident while the child was in her care in Maryland.

But she told the jury that the evidence clearly showed that the child’s burn injuries and head trauma occurred while Kaiwon was staying with his father and her girlfriend in November and December 2011.

During that time, Games-Neely said Kaiwon’s mother was trying to get in touch her son, but was limited by her reliance on public assistance to get around and couldn’t travel to Martinsburg to pick him up.

Defense attorney Christopher Prezioso agreed in closing arguments that Kaiwon’s mother was not to blame for the child’s injuries, but insisted there was ample opportunity while Mauldin was at work for Dawkins to abuse the child and insisted Kaiwon’s father loved his son.

Both Games-Neely and Prezioso cited text messages sent by Dawkins and Mauldin, as well as statements that the couple had given to police and emergency officials.

In urging the jury of five women and seven men to hold Mauldin accountable for his son’s death, Games-Neely concluded the first part of her closing argument by showing the jury a group of images of Kaiwon’s body on a projection screen.

“This is how Kaiwon left this world,” Games-Neely said pointing to the photographs.

“And he left this world in that fashion at the hands of his father, James Mauldin.”