Showing posts with label shaken baby. Show all posts
Showing posts with label shaken baby. Show all posts
Tuesday, March 15, 2016
Dad convicted of abusing infant son, leaving him blind, brain damaged: was "not suppposed to be" with son as "part of child custody agreement (Princeton, New Jersey)
Absolutely no explanation here as to how this abusive father managed to get access. Did he assault the mother? Threaten her? Abduct the child? Why was he not supposed to be with his son before? Previous history of child abuse, domestic violence? If so, why was the mother left to enforce this on her own? Why wasn't he locked up? Lots of unanswered questions here.
Dad is identified as BILLY ALLEN WHITE.
http://www.bdtonline.com/news/man-convicted-of-shaking-infant-son-leaving-him-blind-and/article_de191d68-ea60-11e5-9501-df969267815d.html
Man convicted of shaking infant son, leaving him blind and brain damaged, receives maximum sentence allowable
By GREG JORDAN Bluefield Daily Telegraph 7 hrs ago
Billy Allen White, 28, of Princeton waits for his sentencing hearing to begin before judge William Sadler in Princeton Monday afternoon.
PRINCETON — A father convicted of shaking his infant son and leaving him both blind and brain damaged received the maximum penalty allowable by law Monday in Mercer County Circuit Court.
Circuit Court Judge William Sadler proceeded to sentence Billy Allen White, 28, of Princeton after denying a motion for a new trial.
White was convicted in January on one charge of child abuse leading to serious injury. A jury found him not guilty on a second charge of child abuse. His son, Corey White, then 5 months old, was left with brain damage and retina scarring after being severely shaken. White testified at his trial that he panicked when his son stopped breathing in May 2014 and did not realize how hard he had shaken him. However, Dr. Joan Phillips, a physician specializing in child abuse and neglect cases, testified at White’s trial that the infant’s injuries were consistent with child abuse. She compared the sheer force needed to inflict his injuries with the force hitting the victim of a rollover car crash.
Sadler said White was not supposed to be with his son as part of a child custody agreement, and that the court found his excuse “ludicrous.”
“This is a child who has been sentenced to a life of suffering and debilitating injury,” Sadler said. “I can’t sentence him to a life of suffering like he sentenced this child.”
White was sentenced to a term of two to 10 years in prison, and Sadler stated he would recommend to the parole board that White serve as much time as possible. Sadler said under the law, he had to grant White 419 days credit for the time served in jail since his arrest.
Sadler also imposed a $1,000 fine, and granted a judgment against White for the medical expenses the state has incurred while treating Corey White. Chief Assistant Prosecuting Attorney George Sitler said he did not know the amount of money spent on treatment, but added the sum could be more than $1 million. White also must be registered as a child abuser for the remainder of his life.
Corey’s adoptive father, Woodrow Cecil Jr. gave the court an emotional statement before Sadler pronounced sentence.
“I’ll never understand how you could hurt this baby,” Cecil told White, going on to say how Corey still could not see, and could not walk, speak, or do anything of the things a 2-year-old child normally does.
“It’s never going to be enough, of course,” Cecil said after sentencing. “I wish he didn’t get time served.” Cecil added he understood Sadler was required by law to give White this credit, and that he planned to attend White’s parole hearings.
White was sent back to the Southern Regional Jail in Beaver pending his transfer to the state Department of Corrections.
Dad is identified as BILLY ALLEN WHITE.
http://www.bdtonline.com/news/man-convicted-of-shaking-infant-son-leaving-him-blind-and/article_de191d68-ea60-11e5-9501-df969267815d.html
Man convicted of shaking infant son, leaving him blind and brain damaged, receives maximum sentence allowable
By GREG JORDAN Bluefield Daily Telegraph 7 hrs ago
Billy Allen White, 28, of Princeton waits for his sentencing hearing to begin before judge William Sadler in Princeton Monday afternoon.
PRINCETON — A father convicted of shaking his infant son and leaving him both blind and brain damaged received the maximum penalty allowable by law Monday in Mercer County Circuit Court.
Circuit Court Judge William Sadler proceeded to sentence Billy Allen White, 28, of Princeton after denying a motion for a new trial.
White was convicted in January on one charge of child abuse leading to serious injury. A jury found him not guilty on a second charge of child abuse. His son, Corey White, then 5 months old, was left with brain damage and retina scarring after being severely shaken. White testified at his trial that he panicked when his son stopped breathing in May 2014 and did not realize how hard he had shaken him. However, Dr. Joan Phillips, a physician specializing in child abuse and neglect cases, testified at White’s trial that the infant’s injuries were consistent with child abuse. She compared the sheer force needed to inflict his injuries with the force hitting the victim of a rollover car crash.
Sadler said White was not supposed to be with his son as part of a child custody agreement, and that the court found his excuse “ludicrous.”
“This is a child who has been sentenced to a life of suffering and debilitating injury,” Sadler said. “I can’t sentence him to a life of suffering like he sentenced this child.”
White was sentenced to a term of two to 10 years in prison, and Sadler stated he would recommend to the parole board that White serve as much time as possible. Sadler said under the law, he had to grant White 419 days credit for the time served in jail since his arrest.
Sadler also imposed a $1,000 fine, and granted a judgment against White for the medical expenses the state has incurred while treating Corey White. Chief Assistant Prosecuting Attorney George Sitler said he did not know the amount of money spent on treatment, but added the sum could be more than $1 million. White also must be registered as a child abuser for the remainder of his life.
Corey’s adoptive father, Woodrow Cecil Jr. gave the court an emotional statement before Sadler pronounced sentence.
“I’ll never understand how you could hurt this baby,” Cecil told White, going on to say how Corey still could not see, and could not walk, speak, or do anything of the things a 2-year-old child normally does.
“It’s never going to be enough, of course,” Cecil said after sentencing. “I wish he didn’t get time served.” Cecil added he understood Sadler was required by law to give White this credit, and that he planned to attend White’s parole hearings.
White was sent back to the Southern Regional Jail in Beaver pending his transfer to the state Department of Corrections.
Tuesday, October 13, 2015
Dad convicted of 1st-degree homicide in death of infant son (Milwaukee, Wisconsin)
Dad is identified as DAVID A. ALLEN SR.
http://www.channel3000.com/news/jury-convicts-milwaukee-father-in-shaken-baby-death-trial/35801882
Jury convicts Milwaukee father in shaken baby death trial
Published On: Oct 12 2015 03:53:56 PM CDT
MILWAUKEE - A jury has convicted a Milwaukee man accused of physical abuse that prosecutors said led to the 2013 death of his infant son.
Thirty-four-year-old David A. Allen Sr. was convicted Monday of first-degree reckless homicide, as well child abuse and child neglect, each causing great bodily injury.
The Journal Sentinel reports Allen faces up to 57 years in prison when he's sentenced Dec. 17.
Defense attorneys had brought in experts who challenged the medical presumption of shaken baby syndrome and Allen's own confession to abusing his son, known as Junior.
Doctors who testified for prosecutors said Junior's injuries were a classic case of shaken baby syndrome.
In closing arguments, Assistant District Attorney Matthew Torbenson called the testimony by defense experts a "courtroom controversy," not a real medical debate.
http://www.channel3000.com/news/jury-convicts-milwaukee-father-in-shaken-baby-death-trial/35801882
Jury convicts Milwaukee father in shaken baby death trial
Published On: Oct 12 2015 03:53:56 PM CDT
MILWAUKEE - A jury has convicted a Milwaukee man accused of physical abuse that prosecutors said led to the 2013 death of his infant son.
Thirty-four-year-old David A. Allen Sr. was convicted Monday of first-degree reckless homicide, as well child abuse and child neglect, each causing great bodily injury.
The Journal Sentinel reports Allen faces up to 57 years in prison when he's sentenced Dec. 17.
Defense attorneys had brought in experts who challenged the medical presumption of shaken baby syndrome and Allen's own confession to abusing his son, known as Junior.
Doctors who testified for prosecutors said Junior's injuries were a classic case of shaken baby syndrome.
In closing arguments, Assistant District Attorney Matthew Torbenson called the testimony by defense experts a "courtroom controversy," not a real medical debate.
Monday, October 12, 2015
Dad charged in death of 3-month-old son (Lincoln County, Missouri)
Dad is identified as STEVE SCHNELL.
http://www.kmov.com/story/30221895/man-charged-with-child-abuse-after-shaking-baby
Baby dies after father allegedly shakes him
Posted: Oct 08, 2015 10:25 PM EST Updated: Oct 09, 2015 9:49 PM EST
By Christina Santiago
LINCOLN COUNTY, Mo. (KMOV.com) - Investigators said they believe a Moscow Mills man is responsible for injuries that put a newborn in the hospital. That child was on life support, but died a day later.
Steve Schnell, 25, is charged with child abuse. He told deputies his three-month-old son was choking so he patted the boy on the back and shook him to revive him. Doctors said injuries were more likely from the baby being shaken.
The baby boy had bleeding in the brain and detached retinas.
http://www.kmov.com/story/30221895/man-charged-with-child-abuse-after-shaking-baby
Baby dies after father allegedly shakes him
Posted: Oct 08, 2015 10:25 PM EST Updated: Oct 09, 2015 9:49 PM EST
By Christina Santiago
LINCOLN COUNTY, Mo. (KMOV.com) - Investigators said they believe a Moscow Mills man is responsible for injuries that put a newborn in the hospital. That child was on life support, but died a day later.
Steve Schnell, 25, is charged with child abuse. He told deputies his three-month-old son was choking so he patted the boy on the back and shook him to revive him. Doctors said injuries were more likely from the baby being shaken.
The baby boy had bleeding in the brain and detached retinas.
Dad sentenced for 2nd-degree murder of 4-month-old daughter (Columbus Junction, Iowa)
Dad is identified as OSCAR JIMINEZ.
http://www.ourquadcities.com/news/father-who-killed-baby-sentenced
Father who killed baby sentenced
Published 10/09 2015 04:36PM Updated 10/09 2015 04:36PM
WAPELLO, Iowa
A Columbus Junction father who caused the death of his baby girl learned his fate today.
In January four-month-old Marleen Jimenez of Columbus Junction, Iowa, died from severe head trauma at the University of Iowa Hospital.
The child's father, Oscar Jimenez, was arrested the day after the injured child was brought to the hospital. He later pleaded guilty to 2nd degree murder and multiple acts of child endangerment.
On Friday a Louisa County judge sentenced Jimenez to 50 years in prison on both counts, to run consecutively.
http://www.ourquadcities.com/news/father-who-killed-baby-sentenced
Father who killed baby sentenced
Published 10/09 2015 04:36PM Updated 10/09 2015 04:36PM
WAPELLO, Iowa
A Columbus Junction father who caused the death of his baby girl learned his fate today.
In January four-month-old Marleen Jimenez of Columbus Junction, Iowa, died from severe head trauma at the University of Iowa Hospital.
The child's father, Oscar Jimenez, was arrested the day after the injured child was brought to the hospital. He later pleaded guilty to 2nd degree murder and multiple acts of child endangerment.
On Friday a Louisa County judge sentenced Jimenez to 50 years in prison on both counts, to run consecutively.
Dad on trial for child abuse death of infant son (Milwaukee, Wisconsin)
Dad is identified as DAVID A. ALLEN SR.
http://www.startribune.com/jury-deliberating-wisconsin-case-alleging-shaken-baby-death/331889411/
Jury deliberating in trial of Milwaukee man accused in 2013 death of infant son
Associated Press October 10, 2015 — 5:30pm
MILWAUKEE — Jury deliberations are expected to resume Monday in the trial of a Milwaukee man accused of physical abuse that allegedly led to the 2013 death of his infant son.
Jurors began deliberating the case of David A. Allen Sr. shortly before 3 p.m. Friday but did not reach a verdict, the Journal Sentinel (http://bit.ly/1jhMHsX ) reported.
Allen, 34, and the boy's mother, took their son to a West Allis hospital on Oct. 6, 2012, after a day when he wasn't eating normally and seemed lethargic. After giving a series of changing explanations of what might have injured the boy, Allen admitted he squeezed the baby too hard once, and another time shook the boy when he wouldn't stop clawing at his face.
Junior was put in foster care, where his condition deteriorated until he died in April 2013. Prosecutors then charged Allen, already facing child abuse counts, with reckless homicide.
The two-week trial has highlighted uncertainty about whether "shaken baby syndrome" is always the only explanation for certain brain injuries in children.
Defense experts who questioned both the medical basis for concluding the infant died of child abuse and the validity of Allen's confession to shaking the child earned more than $40,000 for their efforts to create "a courtroom controversy," a prosecutor told a jury Friday.
Assistant District Attorney Matthew Torbenson called the experts "frequent fliers" who came from four states and England to "collect a paycheck" while trying to raise doubt that Allen's actions led to the death of his son.
Torbenson said there was no doubt that child abuse led to the boy's death. He cited diagnoses from local pediatric experts who treated David Allen Jr. at Children's Hospital of Wisconsin. He said those were corroborated by Allen's admissions about squeezing, shaking and dropping his son in the fall of 2012, just months after the boy, who was born two months prematurely, was released from intensive care.
In addition to the brain injuries, the boy had 12 broken ribs.
In the defense closing argument, attorney Anthony Cotton reminded jurors of his experts' credentials, and said they testified because there is a contentious debate in the medical community about attributing certain injuries to child abuse without more evidence than particular brain conditions.
"Your job isn't to reconcile that debate," Cotton told the jury.
Cotton summarized defense experts' findings that conditions resulting from the boy's premature birth could have caused silent seizures, resulting in bleeding near his brain, and that his ribs were so weak they could have been broken by normal handling.
The defense attorney reminded jurors there were no bruises, skull fractures or evidence that the child screamed or reacted as would be expected around the time his father later said he had squeezed the boy too hard.
http://www.startribune.com/jury-deliberating-wisconsin-case-alleging-shaken-baby-death/331889411/
Jury deliberating in trial of Milwaukee man accused in 2013 death of infant son
Associated Press October 10, 2015 — 5:30pm
MILWAUKEE — Jury deliberations are expected to resume Monday in the trial of a Milwaukee man accused of physical abuse that allegedly led to the 2013 death of his infant son.
Jurors began deliberating the case of David A. Allen Sr. shortly before 3 p.m. Friday but did not reach a verdict, the Journal Sentinel (http://bit.ly/1jhMHsX ) reported.
Allen, 34, and the boy's mother, took their son to a West Allis hospital on Oct. 6, 2012, after a day when he wasn't eating normally and seemed lethargic. After giving a series of changing explanations of what might have injured the boy, Allen admitted he squeezed the baby too hard once, and another time shook the boy when he wouldn't stop clawing at his face.
Junior was put in foster care, where his condition deteriorated until he died in April 2013. Prosecutors then charged Allen, already facing child abuse counts, with reckless homicide.
The two-week trial has highlighted uncertainty about whether "shaken baby syndrome" is always the only explanation for certain brain injuries in children.
Defense experts who questioned both the medical basis for concluding the infant died of child abuse and the validity of Allen's confession to shaking the child earned more than $40,000 for their efforts to create "a courtroom controversy," a prosecutor told a jury Friday.
Assistant District Attorney Matthew Torbenson called the experts "frequent fliers" who came from four states and England to "collect a paycheck" while trying to raise doubt that Allen's actions led to the death of his son.
Torbenson said there was no doubt that child abuse led to the boy's death. He cited diagnoses from local pediatric experts who treated David Allen Jr. at Children's Hospital of Wisconsin. He said those were corroborated by Allen's admissions about squeezing, shaking and dropping his son in the fall of 2012, just months after the boy, who was born two months prematurely, was released from intensive care.
In addition to the brain injuries, the boy had 12 broken ribs.
In the defense closing argument, attorney Anthony Cotton reminded jurors of his experts' credentials, and said they testified because there is a contentious debate in the medical community about attributing certain injuries to child abuse without more evidence than particular brain conditions.
"Your job isn't to reconcile that debate," Cotton told the jury.
Cotton summarized defense experts' findings that conditions resulting from the boy's premature birth could have caused silent seizures, resulting in bleeding near his brain, and that his ribs were so weak they could have been broken by normal handling.
The defense attorney reminded jurors there were no bruises, skull fractures or evidence that the child screamed or reacted as would be expected around the time his father later said he had squeezed the boy too hard.
Thursday, October 8, 2015
Dad accused of assaulting 3-month-old son; baby in critical condition (Kenton County, Kentucky)
Once again: "Frustrated" dad who bashes the baby. And can't bother to get medical care.
Dad is identified as CASEY RADCLIFFE.
http://www.cincinnati.com/story/news/2015/10/07/dad-accused-gravely-injuring-baby/73508400/
Dad accused of gravely injuring baby
Terry DeMio, 12:27 p.m. EDT October 8, 2015
A Northern Kentucky father faces an assault charge after he allegedly shook his baby, causing a severe brain injury.
A Northern Kentucky father is accused of violently shaking his infant, causing severe injury including hemorrhaging to the 3-month-old baby's brain.
Casey Radcliffe, 24, of Independence, is in the Kenton County jail, facing a charge of first-degree assault.
His next court hearing is set for Oct. 15. Kenton County Commonwealth's Attorney Rob Sanders said Wednesday that, because of the infant's grave condition, he anticipates going through with the preliminary court hearing rather than going directly to a grand jury to seek an expedient indictment.
"I'm waiting to see how the child responds to medical treatment," Sanders said, adding that, if the boy, "God forbid, doesn't make it," the case could become a murder case rather than first-degree assault.
The first-degree assault charge carries with it a 10- to 20-year sentence.
The baby boy, whose name is Raiden, is in Cincinnati Children's Hospital Medical Center in critical condition.
A warrant for Radcliffe's arrest issued Saturday states that the father caused a "grave risk of death" to the baby.
The warrant states, even though Radcliffe saw his child's physical reaction right after shaking the baby, the father put the infant in his crib rather than seeking medical help. Several hours later, when the mother returned home, she called a doctor after seeing her distressed infant. The doctor directed her to take the baby to Children's Hospital.
Dad is identified as CASEY RADCLIFFE.
http://www.cincinnati.com/story/news/2015/10/07/dad-accused-gravely-injuring-baby/73508400/
Dad accused of gravely injuring baby
Terry DeMio, 12:27 p.m. EDT October 8, 2015
A Northern Kentucky father faces an assault charge after he allegedly shook his baby, causing a severe brain injury.
A Northern Kentucky father is accused of violently shaking his infant, causing severe injury including hemorrhaging to the 3-month-old baby's brain.
Casey Radcliffe, 24, of Independence, is in the Kenton County jail, facing a charge of first-degree assault.
His next court hearing is set for Oct. 15. Kenton County Commonwealth's Attorney Rob Sanders said Wednesday that, because of the infant's grave condition, he anticipates going through with the preliminary court hearing rather than going directly to a grand jury to seek an expedient indictment.
"I'm waiting to see how the child responds to medical treatment," Sanders said, adding that, if the boy, "God forbid, doesn't make it," the case could become a murder case rather than first-degree assault.
The first-degree assault charge carries with it a 10- to 20-year sentence.
The baby boy, whose name is Raiden, is in Cincinnati Children's Hospital Medical Center in critical condition.
A warrant for Radcliffe's arrest issued Saturday states that the father caused a "grave risk of death" to the baby.
The warrant states, even though Radcliffe saw his child's physical reaction right after shaking the baby, the father put the infant in his crib rather than seeking medical help. Several hours later, when the mother returned home, she called a doctor after seeing her distressed infant. The doctor directed her to take the baby to Children's Hospital.
"Frustrated" dad faces felony battery charge in death of 2-month-old daughter (Franklin, Indiana)
Happens again and again. Unemployed/underemployed (and possibly unemployable) dad drafted into infant caregiving since Mom has to go back to work--since we don't have paid maternity leave requirements or anything. Of course, the @$$hole gets "frustrated" and bashes the baby. And, as almost always happens, our big Macho Hero is too much of a coward to call 911 or seek medical help. He leaves that task to Mom.
This time the dad is identified as JAMISON CYRUS ALLAN HENDLEY.
http://www.dailyjournal.net/view/local_story/Father-faces-felony-in-baby-s-_1444271184
Father faces felony in baby’s death
By Abby Armbruster
First Posted: October 07, 2015 - 10:26 pm Last Updated: October 07, 2015 - 10:27 pm
Frustrated with the baby’s crying, a Franklin father shook his 2-month-old daughter and then threw her across the room into a chair.
Jamison Cyrus Allan Hendley, 22, realized the baby was not breathing right. He then put the baby to bed and got into the shower. Shortly after, the baby’s mother came home from work and realized something was wrong with 2-month-old Braelyn and took her to the hospital.
Four days later, the baby died at Riley Hospital for Children at Indiana University Health in Indianapolis. An autopsy showed the infant died of blunt force trauma to her head, causing massive brain injuries. Doctors at the hospital said the extent of the damage showed the injury wasn’t accidental. Days later and after multiple interviews with investigators, Hendley told police the details of what happened that day.
This week, he was charged with battery resulting in death of a child younger than 14. He could face 10 to 30 years in prison, Johnson County Prosecutor Brad Cooper said.
The charge is the highest level charge the prosecutor’s office can file for a shaken baby case, Cooper said, adding, “The evidence fits it.”
Hendley had been watching the baby since 2:30 p.m. Sept. 30, when Autumn Grissom, the baby’s mother, went to work. He first told police he became angry when the baby was crying and picked her up quickly and might have shaken her a little, according to the charging documents.
The next day, he told police the baby had fallen out of a stroller and that he had held her above a chair and dropped her into it. The baby fell onto the floor, the documents said.
Around 9 p.m., the baby started crying nonstop, and Hendley didn’t want to call 911 because he knew he had done something wrong, the documents said.
In another interview this week, Hendley told police he got frustrated with the baby’s crying and shook her. When she didn’t stop crying, he threw her across the room into a chair. The baby fell out of the chair and onto the floor, and then he knew she wasn’t breathing properly, the report said.
At 11:30 p.m., Grissom returned home from work and took the baby to the hospital. Hendley didn’t go with her.
Doctors found bruising on the baby’s right arm and leg, significant brain injury, significant retinal bleeding and retinal detachment and she was having constant seizures, according to the probable cause affidavit from the Johnson County Prosecutor’s Office.
Braelyn’s heart and valves were donated to two other infants, according to Michelle Ingle of Orleans, the baby’s grandmother. “With her having the traumatic brain injuries ... the only organ they were able to use was her heart,” Ingle said. Grissom wants to meet the babies who received Braelyn’s organs, Ingle said.
Hendley, 5700 U.S. 31 South, Franklin, remains in the Johnson County jail on $46,000 bond. He will go in front of a judge within the next week to hear his new charges, and a pretrial conference will be set within the next few months, Cooper said.
The Times-Mail of Bedford contributed to this report.
This time the dad is identified as JAMISON CYRUS ALLAN HENDLEY.
http://www.dailyjournal.net/view/local_story/Father-faces-felony-in-baby-s-_1444271184
Father faces felony in baby’s death
By Abby Armbruster
First Posted: October 07, 2015 - 10:26 pm Last Updated: October 07, 2015 - 10:27 pm
Frustrated with the baby’s crying, a Franklin father shook his 2-month-old daughter and then threw her across the room into a chair.
Jamison Cyrus Allan Hendley, 22, realized the baby was not breathing right. He then put the baby to bed and got into the shower. Shortly after, the baby’s mother came home from work and realized something was wrong with 2-month-old Braelyn and took her to the hospital.
Four days later, the baby died at Riley Hospital for Children at Indiana University Health in Indianapolis. An autopsy showed the infant died of blunt force trauma to her head, causing massive brain injuries. Doctors at the hospital said the extent of the damage showed the injury wasn’t accidental. Days later and after multiple interviews with investigators, Hendley told police the details of what happened that day.
This week, he was charged with battery resulting in death of a child younger than 14. He could face 10 to 30 years in prison, Johnson County Prosecutor Brad Cooper said.
The charge is the highest level charge the prosecutor’s office can file for a shaken baby case, Cooper said, adding, “The evidence fits it.”
Hendley had been watching the baby since 2:30 p.m. Sept. 30, when Autumn Grissom, the baby’s mother, went to work. He first told police he became angry when the baby was crying and picked her up quickly and might have shaken her a little, according to the charging documents.
The next day, he told police the baby had fallen out of a stroller and that he had held her above a chair and dropped her into it. The baby fell onto the floor, the documents said.
Around 9 p.m., the baby started crying nonstop, and Hendley didn’t want to call 911 because he knew he had done something wrong, the documents said.
In another interview this week, Hendley told police he got frustrated with the baby’s crying and shook her. When she didn’t stop crying, he threw her across the room into a chair. The baby fell out of the chair and onto the floor, and then he knew she wasn’t breathing properly, the report said.
At 11:30 p.m., Grissom returned home from work and took the baby to the hospital. Hendley didn’t go with her.
Doctors found bruising on the baby’s right arm and leg, significant brain injury, significant retinal bleeding and retinal detachment and she was having constant seizures, according to the probable cause affidavit from the Johnson County Prosecutor’s Office.
Braelyn’s heart and valves were donated to two other infants, according to Michelle Ingle of Orleans, the baby’s grandmother. “With her having the traumatic brain injuries ... the only organ they were able to use was her heart,” Ingle said. Grissom wants to meet the babies who received Braelyn’s organs, Ingle said.
Hendley, 5700 U.S. 31 South, Franklin, remains in the Johnson County jail on $46,000 bond. He will go in front of a judge within the next week to hear his new charges, and a pretrial conference will be set within the next few months, Cooper said.
The Times-Mail of Bedford contributed to this report.
Wednesday, October 7, 2015
Dad who assaulted 6-week-old daughter, leaving her with permanent brain damage, successfully appeals "excessive" 7 1/2 year sentence (Scotland)
Classic abuser daddy coddling. Dad is identified only as SD.
http://www.scottishlegal.com/2015/10/05/baby-shaking-assault-father-successfully-challenges-excessive-sentence/
Baby-shaking assault father successfully challenges ‘excessive’ sentence
A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.
The Criminal Appeal Court quashed the sentence and imposed a custodial term of six years and nine months after ruling that the sentencing judge’s starting point of nine years – which was discounted due to the unnamed father’s guilty plea – was “not consistent with what was held to be appropriate in these cases”.
Lord Brodie and Lord Drummond Young heard that the appellant “SD” pled guilty at the trial diet of assaulting his six-week-old daughter to her severe injury, permanent impairment and to the danger of her life.
The High Court in Glasgow was told that he had become “frustrated” with the baby and “lost control” after she had kept her parents awake during the previous night.
While the sentencing judge accepted that there was “no wickednesss” in his actions, she viewed this as a “deliberate and violent assault” using a degree of force which was “obviously likely to cause serious harm” to a six-week-old baby, who was left with catastrophic, life threatening injuries.
On 31 March 2015 she sentenced the appellant to seven-and-a-half years’ imprisonment – discounted by around 15 per cent from nine years for the “utilitarian benefit” of the guilty plea, albeit that it had been tendered very late.
But the appellant challenged the sentencing judge’s characterisation of what he had done as being “obviously likely to cause serious harm”.
It was submitted that it would not have been apparent to a layman that such serious harm would be caused by the degree of force which had been used in the case.
There was a short period of shaking by a “hands on” father where there was “no history of previous abuse” of the child.
It was a “momentary loss of control” lasting a few seconds on the part of a young man who was a “loving father” and who had not previously served a custodial sentence.
In these circumstances it was argued that a starting point of nine years imprisonment was “clearly excessive”.
The appeal judges accepted that the consequences of the assault were “unintended” by the appellant, but did not accept the submission that the risk of some degree of serious harm to a young baby was not such as to be obvious to a layman.
Delivering the opinion of the court, Lord Brodie said: “On sentencing in a case of assault assessment of the seriousness of the offence will usually involve consideration of two potentially independent factors, the culpability of the offender’s act and the severity of the consequences of that act.
“We say potentially independent because the likelihood of it having adverse consequences is relevant to the judgment as to the culpability of a particular act. In this case, the consequences of the assault on the child were catastrophic.
“The sentencing judge says in her report that it is difficult to conceive of a more vulnerable victim than a six week old baby. We can only agree and we would see that as being clear to any parent, however inexperienced that parent may be.
“We therefore consider that the sentencing judge was correct to approach this case as one which involved a significant degree of culpability as well as a catastrophic result. She was entitled to take the view that only a significant custodial sentence was appropriate.”
However, the judges noted that she was not addressed on the issue of “comparative justice” and said they did not consider that a starting point of nine years was consistent with what was held to be appropriate in these cases.
Lord Brodie added: “In the present case there was evidence that the appellant had shaken the baby and then violently thrown her down onto a couch. Whether or not the throwing of the infant onto the couch exacerbated her injuries, it pointed to an act of real aggression on the part of the appellant. We see that as something which requires to be reflected in the sentence imposed.
“Accordingly, we shall quash the sentence imposed on 31 March 2015 and impose an alternative sentence of six years and nine months. We have arrived at that figure by taking a starting point of eight years imprisonment and discounting that by a similar percentage to that adopted by the sentencing judge.”
October 5, 2015
http://www.scottishlegal.com/2015/10/05/baby-shaking-assault-father-successfully-challenges-excessive-sentence/
Baby-shaking assault father successfully challenges ‘excessive’ sentence
A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.
The Criminal Appeal Court quashed the sentence and imposed a custodial term of six years and nine months after ruling that the sentencing judge’s starting point of nine years – which was discounted due to the unnamed father’s guilty plea – was “not consistent with what was held to be appropriate in these cases”.
Lord Brodie and Lord Drummond Young heard that the appellant “SD” pled guilty at the trial diet of assaulting his six-week-old daughter to her severe injury, permanent impairment and to the danger of her life.
The High Court in Glasgow was told that he had become “frustrated” with the baby and “lost control” after she had kept her parents awake during the previous night.
While the sentencing judge accepted that there was “no wickednesss” in his actions, she viewed this as a “deliberate and violent assault” using a degree of force which was “obviously likely to cause serious harm” to a six-week-old baby, who was left with catastrophic, life threatening injuries.
On 31 March 2015 she sentenced the appellant to seven-and-a-half years’ imprisonment – discounted by around 15 per cent from nine years for the “utilitarian benefit” of the guilty plea, albeit that it had been tendered very late.
But the appellant challenged the sentencing judge’s characterisation of what he had done as being “obviously likely to cause serious harm”.
It was submitted that it would not have been apparent to a layman that such serious harm would be caused by the degree of force which had been used in the case.
There was a short period of shaking by a “hands on” father where there was “no history of previous abuse” of the child.
It was a “momentary loss of control” lasting a few seconds on the part of a young man who was a “loving father” and who had not previously served a custodial sentence.
In these circumstances it was argued that a starting point of nine years imprisonment was “clearly excessive”.
The appeal judges accepted that the consequences of the assault were “unintended” by the appellant, but did not accept the submission that the risk of some degree of serious harm to a young baby was not such as to be obvious to a layman.
Delivering the opinion of the court, Lord Brodie said: “On sentencing in a case of assault assessment of the seriousness of the offence will usually involve consideration of two potentially independent factors, the culpability of the offender’s act and the severity of the consequences of that act.
“We say potentially independent because the likelihood of it having adverse consequences is relevant to the judgment as to the culpability of a particular act. In this case, the consequences of the assault on the child were catastrophic.
“The sentencing judge says in her report that it is difficult to conceive of a more vulnerable victim than a six week old baby. We can only agree and we would see that as being clear to any parent, however inexperienced that parent may be.
“We therefore consider that the sentencing judge was correct to approach this case as one which involved a significant degree of culpability as well as a catastrophic result. She was entitled to take the view that only a significant custodial sentence was appropriate.”
However, the judges noted that she was not addressed on the issue of “comparative justice” and said they did not consider that a starting point of nine years was consistent with what was held to be appropriate in these cases.
Lord Brodie added: “In the present case there was evidence that the appellant had shaken the baby and then violently thrown her down onto a couch. Whether or not the throwing of the infant onto the couch exacerbated her injuries, it pointed to an act of real aggression on the part of the appellant. We see that as something which requires to be reflected in the sentence imposed.
“Accordingly, we shall quash the sentence imposed on 31 March 2015 and impose an alternative sentence of six years and nine months. We have arrived at that figure by taking a starting point of eight years imprisonment and discounting that by a similar percentage to that adopted by the sentencing judge.”
October 5, 2015
Dad charged with 2nd-degree murder in death of 3-month-old daughter (Bossier City, Louisiana)
Dad is identified as SEAN CHRISTOPHER MORTON.
http://www.ksla.com/story/30199824/charges-against-bossier-father-upgraded-to-murder-after-infants-death
Charges against Bossier father upgraded to murder after infant's death
Posted: Oct 06, 2015 3:57 PM EST Updated: Oct 06, 2015 5:03 PM EST
By KSLA Staff
BOSSIER CITY, LA (KSLA) - The Bossier City father accused of shaking his infant daughter is now facing a murder charge.
Police say 3-month-old Malaysia Morton died from her injuries Monday at University Health hospital in Shreveport.
The child was originally taken to Willis-Knighton Bossier just after 1:00 a.m. Saturday after her father, 27-year-old Sean Christopher Morton, reportedly noticed something was wrong.
Hospital staff contacted police claiming the baby's injuries were consistent with shaken baby syndrome. The child was then transferred to University Health where she was listed in critical condition. Malaysia Morton ultimately died from her injuries.
During their investigation, authorities arrested Sean Morton, initially charging him with second degree cruelty to a juvenile.
Tuesday, Sean Morton's charges were upgraded to second degree murder following the infant's death.
Sean Morton remains in the Bossier Parish Maximum Security Facility where his bond is set at $500,000.
http://www.ksla.com/story/30199824/charges-against-bossier-father-upgraded-to-murder-after-infants-death
Charges against Bossier father upgraded to murder after infant's death
Posted: Oct 06, 2015 3:57 PM EST Updated: Oct 06, 2015 5:03 PM EST
By KSLA Staff
BOSSIER CITY, LA (KSLA) - The Bossier City father accused of shaking his infant daughter is now facing a murder charge.
Police say 3-month-old Malaysia Morton died from her injuries Monday at University Health hospital in Shreveport.
The child was originally taken to Willis-Knighton Bossier just after 1:00 a.m. Saturday after her father, 27-year-old Sean Christopher Morton, reportedly noticed something was wrong.
Hospital staff contacted police claiming the baby's injuries were consistent with shaken baby syndrome. The child was then transferred to University Health where she was listed in critical condition. Malaysia Morton ultimately died from her injuries.
During their investigation, authorities arrested Sean Morton, initially charging him with second degree cruelty to a juvenile.
Tuesday, Sean Morton's charges were upgraded to second degree murder following the infant's death.
Sean Morton remains in the Bossier Parish Maximum Security Facility where his bond is set at $500,000.
Dad pleads guilty to murder of 2-month-old daughter (Erie, Pennsylvania)
Dad is identified as WENDELL T. MULKEY.
http://www.goerie.com/corry-father-to-plead-guilty-in-infant-death
Corry father to plead guilty in infant death
ERIE, Pa. -- A Corry father plans to plead guilty to third-degree murder in the March 2014 death of his 2-month-old daughter, his lawyer said.
Wendell T. Mulkey, 27, who had been scheduled to face trial Monday, is now scheduled for a plea hearing that day before Erie County Judge Daniel Brabender, according to court records.
Mulkey's lawyer, Eric Hackwelder, said Mulkey intends to plead guilty to felony charges of third-degree murder, aggravated assault and endangering the welfare of a child.
The child, identified in court records as "S.M.," died of abusive head trauma March 10, 2014, at UPMC's Children's Hospital of Pittsburgh. An autopsy showed she also suffered 34 fractures to her ribs and leg bones that were in various stages of healing.
The plea would allow Mulkey to avoid the possibility of a life sentence. Had Mulkey gone to trial, the prosecution planned to seek a conviction for first-degree murder, which carries a mandatory sentence of life with no parole.
Hackwelder said the plea decision was driven in part by the fact the infant's mother, Miranda C. Fay, 21, entered a plea agreement Friday and pledged to testify against Mulkey at his trial. Hackwelder also said that statements Fay and Mulkey made to investigators could have been used against Mulkey at trial.
Hackwelder said some infant death cases are resolved with pleas to involuntary manslaughter, which is a death caused by a defendant's recklessness, but Mulkey's daughter had multiple injuries, some of them healing.
"That is why we came to the conclusion we did," he said.
His client, Hackwelder said, is also deeply remorseful.
"It was his call. That is what he wanted to do. I think it is the right call," he said.
First Assistant District Attorney Elizabeth Hirz declined to comment.
Third-degree murder is a malicious, unintentional killing. It carries a 20-year maximum sentence.
The case began with Fay's 911 call on March 10, 2014.
A doctor who examined S.M. in the hospital in Pittsburgh discovered bruises on the baby's face, back and chest. S.M.'s brain and retinas were bleeding, the doctor said.
She concluded S.M. died of abusive head trauma and physical abuse.
According to a criminal complaint, Mulkey and Fay told investigators in a March 11, 2014, interview that the baby had not had any medical problems before her death. They said she was solely in their care in their home on East Airport Road in Corry.
Mulkey admitted he had lost his temper and shaken S.M. on previous occasions, investigators said.
He also said that on one occasion while changing the baby's diaper, he heard her leg make a "popping" sound, which he said might have been her leg breaking.
Fay pleaded guilty to two third-degree felony charges of endangering the welfare of a child on Friday. She admitted that between Feb. 10 and March 10, 2014, she failed to seek medical help for her child when she knew that the child had suffered a broken leg, rib fractures and severe head injuries, allegedly inflicted by Mulkey.
http://www.goerie.com/corry-father-to-plead-guilty-in-infant-death
Corry father to plead guilty in infant death
ERIE, Pa. -- A Corry father plans to plead guilty to third-degree murder in the March 2014 death of his 2-month-old daughter, his lawyer said.
Wendell T. Mulkey, 27, who had been scheduled to face trial Monday, is now scheduled for a plea hearing that day before Erie County Judge Daniel Brabender, according to court records.
Mulkey's lawyer, Eric Hackwelder, said Mulkey intends to plead guilty to felony charges of third-degree murder, aggravated assault and endangering the welfare of a child.
The child, identified in court records as "S.M.," died of abusive head trauma March 10, 2014, at UPMC's Children's Hospital of Pittsburgh. An autopsy showed she also suffered 34 fractures to her ribs and leg bones that were in various stages of healing.
The plea would allow Mulkey to avoid the possibility of a life sentence. Had Mulkey gone to trial, the prosecution planned to seek a conviction for first-degree murder, which carries a mandatory sentence of life with no parole.
Hackwelder said the plea decision was driven in part by the fact the infant's mother, Miranda C. Fay, 21, entered a plea agreement Friday and pledged to testify against Mulkey at his trial. Hackwelder also said that statements Fay and Mulkey made to investigators could have been used against Mulkey at trial.
Hackwelder said some infant death cases are resolved with pleas to involuntary manslaughter, which is a death caused by a defendant's recklessness, but Mulkey's daughter had multiple injuries, some of them healing.
"That is why we came to the conclusion we did," he said.
His client, Hackwelder said, is also deeply remorseful.
"It was his call. That is what he wanted to do. I think it is the right call," he said.
First Assistant District Attorney Elizabeth Hirz declined to comment.
Third-degree murder is a malicious, unintentional killing. It carries a 20-year maximum sentence.
The case began with Fay's 911 call on March 10, 2014.
A doctor who examined S.M. in the hospital in Pittsburgh discovered bruises on the baby's face, back and chest. S.M.'s brain and retinas were bleeding, the doctor said.
She concluded S.M. died of abusive head trauma and physical abuse.
According to a criminal complaint, Mulkey and Fay told investigators in a March 11, 2014, interview that the baby had not had any medical problems before her death. They said she was solely in their care in their home on East Airport Road in Corry.
Mulkey admitted he had lost his temper and shaken S.M. on previous occasions, investigators said.
He also said that on one occasion while changing the baby's diaper, he heard her leg make a "popping" sound, which he said might have been her leg breaking.
Fay pleaded guilty to two third-degree felony charges of endangering the welfare of a child on Friday. She admitted that between Feb. 10 and March 10, 2014, she failed to seek medical help for her child when she knew that the child had suffered a broken leg, rib fractures and severe head injuries, allegedly inflicted by Mulkey.
Sunday, October 4, 2015
Dad charged in assault on 3-month-old son (Ogden, Utah)
Dad is identified as CHRISTOPHER ANDERSON.
http://www.standard.net/Courts/2015/10/02/Ogden-father-suspected-of-shaking-baby-causing-hemorrhages.html
Ogden father suspected of shaking baby, causing hemorrhages
Friday , October 02, 2015 - 6:29 PM
By TAYLOR HINTZ Standard-Examiner staff
OGDEN -- An Ogden man accused of shaking his infant son hard enough to cause several hemorrhages and broken ribs appeared before Judge Michael DiReda Thursday, Oct. 1, for a preliminary hearing.
Christopher Anderson, 21, is charged with child abuse and intentionally inflicting serious physical injury, second-degree felonies. He was booked into Weber County Jail July 28 and made bail Aug. 4 through a $10,000 bond posted by Hy & Mike’s Bail Bonds.
On July 21, South Ogden police responded to an emergency call from Christopher Anderson, 21, at his apartment in the area of 3700 South Grant Ave. There, Anderson was found rubbing his 3-month-old infant’s chest and told law enforcement that his son was having a hard time breathing to the point his body had gone limp. Police, however, found the infant was not responsive, according to court documents. Anderson was the only person home with the infant.
Anderson said the child was napping when he heard him struggling for air. The father said he picked the boy up and shook him to “bring him out of it.” He also attempted to do CPR, according to the statement.
The child was transported first to McKay Dee Hospital and then to Primary Children’s Medical Center via LifeFlight. According to the statement, the infant continued to have seizures for several days as a result of the abuse.
Karen Hansen, a doctor with Safe and Healthy Families, treated the child and found a subdural hemorrhage, possibly two weeks old, and another fresh hemorrhage on the right side closer to the brain. A retinal study also found hemorrhaging in both eyes. Hansen advised that medical issues were symptoms of “shaken baby syndrome.”.
A skeletal exam also found two broken ribs, according to the statement. Hansen said the long-term effects are still unknown but the significant brain damage will cause the child to have medical problems longterm.
George Zamora, the baby’s grandfather, said although the boy is doing better since going to the hospital, he still suffers from the traumatic event.
“Because of the brain trauma, he forgot how to swallow. He can’t take anything by mouth, he has to have a feeding tube,” Zamora said. “There’s some paralysis on his left side and his legs aren’t working as well as the doctors were hoping.” Zamora, who is now caring for the child after a no contact order was issued against Anderson, also said he hopes that awareness of his grandson’s injuries will help bring justice against Anderson.
“Second of all, we want people to know that this is a problem. There’s ways you can handle things without hurting a baby,“ Zamora said. ”But first of all, I want people to know about this so Carter can receive justice. This isn’t something he should have gone through.“
Anderson is scheduled for a pre-trial hearing 9 a.m. Dec. 4.
http://www.standard.net/Courts/2015/10/02/Ogden-father-suspected-of-shaking-baby-causing-hemorrhages.html
Ogden father suspected of shaking baby, causing hemorrhages
Friday , October 02, 2015 - 6:29 PM
By TAYLOR HINTZ Standard-Examiner staff
OGDEN -- An Ogden man accused of shaking his infant son hard enough to cause several hemorrhages and broken ribs appeared before Judge Michael DiReda Thursday, Oct. 1, for a preliminary hearing.
Christopher Anderson, 21, is charged with child abuse and intentionally inflicting serious physical injury, second-degree felonies. He was booked into Weber County Jail July 28 and made bail Aug. 4 through a $10,000 bond posted by Hy & Mike’s Bail Bonds.
On July 21, South Ogden police responded to an emergency call from Christopher Anderson, 21, at his apartment in the area of 3700 South Grant Ave. There, Anderson was found rubbing his 3-month-old infant’s chest and told law enforcement that his son was having a hard time breathing to the point his body had gone limp. Police, however, found the infant was not responsive, according to court documents. Anderson was the only person home with the infant.
Anderson said the child was napping when he heard him struggling for air. The father said he picked the boy up and shook him to “bring him out of it.” He also attempted to do CPR, according to the statement.
The child was transported first to McKay Dee Hospital and then to Primary Children’s Medical Center via LifeFlight. According to the statement, the infant continued to have seizures for several days as a result of the abuse.
Karen Hansen, a doctor with Safe and Healthy Families, treated the child and found a subdural hemorrhage, possibly two weeks old, and another fresh hemorrhage on the right side closer to the brain. A retinal study also found hemorrhaging in both eyes. Hansen advised that medical issues were symptoms of “shaken baby syndrome.”.
A skeletal exam also found two broken ribs, according to the statement. Hansen said the long-term effects are still unknown but the significant brain damage will cause the child to have medical problems longterm.
George Zamora, the baby’s grandfather, said although the boy is doing better since going to the hospital, he still suffers from the traumatic event.
“Because of the brain trauma, he forgot how to swallow. He can’t take anything by mouth, he has to have a feeding tube,” Zamora said. “There’s some paralysis on his left side and his legs aren’t working as well as the doctors were hoping.” Zamora, who is now caring for the child after a no contact order was issued against Anderson, also said he hopes that awareness of his grandson’s injuries will help bring justice against Anderson.
“Second of all, we want people to know that this is a problem. There’s ways you can handle things without hurting a baby,“ Zamora said. ”But first of all, I want people to know about this so Carter can receive justice. This isn’t something he should have gone through.“
Anderson is scheduled for a pre-trial hearing 9 a.m. Dec. 4.
Dad arrested for critically injuring 3-month-old daughter (Bossier Ciety, Louisiana)
Dad is identified as SEAN CHRISTOPHER MORTON.
http://www.ktbs.com/story/30178041/father-arrested-for-critically-injuring-infant-daughter
Father arrested for critically injuring infant daughter
Posted: Oct 03, 2015 12:25 PM EST Updated: Oct 03, 2015 12:25 PM EST
BOSSIER CITY, La. - Bossier City police have arrested a man after his infant daughter was hospitalized overnight with critical injuries consistent with shaken baby syndrome.
Sean Christopher Morton, 27, of Bossier City faces a charge of second degree cruelty to a juvenile after staff with Willis-Knighton Bossier contacted the Bossier City Police Department just after 1 a.m. Saturday regarding a 3-month old baby that was brought into the emergency room.
Detectives arrested Morton after an investigation found he had injured the child Friday night at their residence in the 2400 block of Lamar Street while trying to get the baby to stop crying. Upon noticing that something was wrong with the child, Morton brought the baby to Willis-Knighton Bossier. The child was later taken to University Health in Shreveport where she was listed in critical condition as of Saturday morning.
Morton was booked into the Bossier City Jail. Bond has not yet been set.
http://www.ktbs.com/story/30178041/father-arrested-for-critically-injuring-infant-daughter
Father arrested for critically injuring infant daughter
Posted: Oct 03, 2015 12:25 PM EST Updated: Oct 03, 2015 12:25 PM EST
BOSSIER CITY, La. - Bossier City police have arrested a man after his infant daughter was hospitalized overnight with critical injuries consistent with shaken baby syndrome.
Sean Christopher Morton, 27, of Bossier City faces a charge of second degree cruelty to a juvenile after staff with Willis-Knighton Bossier contacted the Bossier City Police Department just after 1 a.m. Saturday regarding a 3-month old baby that was brought into the emergency room.
Detectives arrested Morton after an investigation found he had injured the child Friday night at their residence in the 2400 block of Lamar Street while trying to get the baby to stop crying. Upon noticing that something was wrong with the child, Morton brought the baby to Willis-Knighton Bossier. The child was later taken to University Health in Shreveport where she was listed in critical condition as of Saturday morning.
Morton was booked into the Bossier City Jail. Bond has not yet been set.
Wednesday, September 30, 2015
Dad on trial for killing infant son will challenge confession (Milwaukee, Wisconsin)
Dad is identified as DAVID A. ALLEN.
http://www.jsonline.com/news/crime/father-on-trial-for-killing-infant-son-will-challenge-confession-b99586810z1-329978301.html
Father on trial for killing infant son will challenge confession
By Bruce Vielmetti
Sept. 29, 2015
A Milwaukee man charged with killing his infant premature son falsely confessed to abuse during a police interview so that the child's mother would be released as a suspect, his attorney told jurors Tuesday.
The case could also highlight a growing doubt within the medical community that certain brain injuries among children can result only from "shaken baby syndrome," imposed by stressed-out, frustrated caregivers.
David A. Allen, 34, is on trial for first-degree reckless homicide as well as child abuse and neglect causing great bodily harm. His namesake son died in April 2013, six months after the then 12-week-old boy was first taken to Children's Hospital of Wisconsin, where doctors diagnosed broken ribs and brain damage later attributed to blunt force trauma. Allen was first charged in October 2012; prosecutors upgraded the charges after the child died.
"Home. There should be no safer place for a child," Assistant District Attorney Matt Torbenson told the jury in an opening statement. But the victim, referred to as Junior, spent his last day at home unable to eat, deteriorating as his father "watched and did nothing."
As in most child abuse prosecutions, medical experts for the state will testify that Junior's injuries were inconsistent with any cause other than abuse, Torbenson said. On top of that, he said, jurors will hear Allen's varied explanations of accidents that might have led to the injuries.
He first mentioned a fall from a 3-inch mattress, a bump on the faucet during a bath, then a fall from his arms to a concrete floor, then finally saying that, with Junior clawing at his face, Allen shook the boy, hard.
The next morning, the boy wouldn't eat, and his condition worsened before his parents finally called 911.
At the end of his final police interview, Torbenson said, Allen is seen alone in the interrogation room, holding his head in his hands and saying, repeatedly, "I'm so sorry, my son."
But defense attorney Anthony Cotton promised jurors a different view of the evidence from other experts, including one who studies false confessions. Cotton noted that in a quarter of cases where convicted offenders have been cleared by DNA evidence, they had falsely confessed to crimes.
Cotton said the pair of intense interviews Allen was subjected to right after his son was hospitalized in October 2012 were exactly the kind that lead to false confessions. He said the detective provided facts relayed to him by doctors at Children's Hospital, and kept Allen talking until he described doing something to the child that would be consistent with the injuries. Only then would Junior's mother, who had also been arrested, be released "to go and pray over your dying child," Cotton said the detective told Allen.
Cotton suggested Junior's injuries could just as consistently be explained by his birth — two months premature — and compromised health.
He said no one around the couple, not even the baby's mother, will testify they ever saw Allen seeming depressed or overwhelmed, as he told a detective. In fact, staff from the neonatal intensive care unit where Junior spent a month before going home will say Allen was very attentive and appropriate with his son.
Later, the boy and his parents moved into a house with seven other people, and none of them saw any signs of depressions or abusive behavior in Allen, Cotton said.
"He loved his son," Cotton said of Allen. "He was not quick to anger."
http://www.jsonline.com/news/crime/father-on-trial-for-killing-infant-son-will-challenge-confession-b99586810z1-329978301.html
Father on trial for killing infant son will challenge confession
By Bruce Vielmetti
Sept. 29, 2015
A Milwaukee man charged with killing his infant premature son falsely confessed to abuse during a police interview so that the child's mother would be released as a suspect, his attorney told jurors Tuesday.
The case could also highlight a growing doubt within the medical community that certain brain injuries among children can result only from "shaken baby syndrome," imposed by stressed-out, frustrated caregivers.
David A. Allen, 34, is on trial for first-degree reckless homicide as well as child abuse and neglect causing great bodily harm. His namesake son died in April 2013, six months after the then 12-week-old boy was first taken to Children's Hospital of Wisconsin, where doctors diagnosed broken ribs and brain damage later attributed to blunt force trauma. Allen was first charged in October 2012; prosecutors upgraded the charges after the child died.
"Home. There should be no safer place for a child," Assistant District Attorney Matt Torbenson told the jury in an opening statement. But the victim, referred to as Junior, spent his last day at home unable to eat, deteriorating as his father "watched and did nothing."
As in most child abuse prosecutions, medical experts for the state will testify that Junior's injuries were inconsistent with any cause other than abuse, Torbenson said. On top of that, he said, jurors will hear Allen's varied explanations of accidents that might have led to the injuries.
He first mentioned a fall from a 3-inch mattress, a bump on the faucet during a bath, then a fall from his arms to a concrete floor, then finally saying that, with Junior clawing at his face, Allen shook the boy, hard.
The next morning, the boy wouldn't eat, and his condition worsened before his parents finally called 911.
At the end of his final police interview, Torbenson said, Allen is seen alone in the interrogation room, holding his head in his hands and saying, repeatedly, "I'm so sorry, my son."
But defense attorney Anthony Cotton promised jurors a different view of the evidence from other experts, including one who studies false confessions. Cotton noted that in a quarter of cases where convicted offenders have been cleared by DNA evidence, they had falsely confessed to crimes.
Cotton said the pair of intense interviews Allen was subjected to right after his son was hospitalized in October 2012 were exactly the kind that lead to false confessions. He said the detective provided facts relayed to him by doctors at Children's Hospital, and kept Allen talking until he described doing something to the child that would be consistent with the injuries. Only then would Junior's mother, who had also been arrested, be released "to go and pray over your dying child," Cotton said the detective told Allen.
Cotton suggested Junior's injuries could just as consistently be explained by his birth — two months premature — and compromised health.
He said no one around the couple, not even the baby's mother, will testify they ever saw Allen seeming depressed or overwhelmed, as he told a detective. In fact, staff from the neonatal intensive care unit where Junior spent a month before going home will say Allen was very attentive and appropriate with his son.
Later, the boy and his parents moved into a house with seven other people, and none of them saw any signs of depressions or abusive behavior in Allen, Cotton said.
"He loved his son," Cotton said of Allen. "He was not quick to anger."
Saturday, September 19, 2015
Dad admits killing 9-week-old daughter (Australia)
The more-useless-than-trash father is identified as BRETT ANDREW KITCHIN.
http://www.abc.net.au/news/2015-09-18/father-brett-andrew-kitchen-admits-to-shaking-murder-of-his-baby/6786918
Baby shaking murder: Brett Andrew Kitchin admits to killing nine-week old daughter
By Sallese Gibson
Posted Thu at 11:40pm
A northern Tasmanian man has pleaded guilty to the shaking murder of his nine-week-old daughter. Azzali Dolcie May Thomson died of head injuries in February 2014, consistent with being shaken forcefully.
Her 28-year-old father, Brett Andrew Kitchin, was charged with her murder and ill-treatment.
He had previously pleaded not guilty to the charges, but entered guilty pleas in the Supreme Court in Launceston this morning.
The court heard Kitchin regularly squeezed, shook, poked and pinched his daughter over a six-week period, causing multiple rib fractures and severe bruising.
Police prosecutors told the court Kitchin got into a rage after having difficulty feeding his daughter and applied pressure to her neck, squeezed her chest and shook her forcefully, causing the massive brain injuries that resulted in her death.
Court hears details of crime The court heard Kitchin woke to feed Azzali at 7:00am on February 2, 2014, and became angry when it became difficult.
He shook her forcefully, causing massive brain injuries, fractured shoulders and ribs and bruising to her neck, jaw and face.
He then put her back into the bassinet and went back to bed.
Azzali continued to scream for several hours.
Her mother tried to feed her at 11:00am and noticed she would not open her mouth and had a swollen face.
Azzali was taken to the Launceston General Hospital at 1:20pm, in a semi-conscious state.
Kitchin told doctors he may have bumped Azzali's head when getting her out of the car.
An emergency CT scan found bleeding on her brain and showed a number of historic rib fractures.
She was airlifted to the Royal Hobart Hospital's neo-natal unit. Azzali died on February 6, after her life support was switched off.
The coroner found Azzali died of head injuries consistent with being shaken and that it was not clear which violent incident caused her death, as she had been subject to severe and progressive damage over a period of weeks.
The police prosecutor told the court Azzali was defenceless and that the violence inflicted on her was extreme.
http://www.abc.net.au/news/2015-09-18/father-brett-andrew-kitchen-admits-to-shaking-murder-of-his-baby/6786918
Baby shaking murder: Brett Andrew Kitchin admits to killing nine-week old daughter
By Sallese Gibson
Posted Thu at 11:40pm
A northern Tasmanian man has pleaded guilty to the shaking murder of his nine-week-old daughter. Azzali Dolcie May Thomson died of head injuries in February 2014, consistent with being shaken forcefully.
Her 28-year-old father, Brett Andrew Kitchin, was charged with her murder and ill-treatment.
He had previously pleaded not guilty to the charges, but entered guilty pleas in the Supreme Court in Launceston this morning.
The court heard Kitchin regularly squeezed, shook, poked and pinched his daughter over a six-week period, causing multiple rib fractures and severe bruising.
Police prosecutors told the court Kitchin got into a rage after having difficulty feeding his daughter and applied pressure to her neck, squeezed her chest and shook her forcefully, causing the massive brain injuries that resulted in her death.
Court hears details of crime The court heard Kitchin woke to feed Azzali at 7:00am on February 2, 2014, and became angry when it became difficult.
He shook her forcefully, causing massive brain injuries, fractured shoulders and ribs and bruising to her neck, jaw and face.
He then put her back into the bassinet and went back to bed.
Azzali continued to scream for several hours.
Her mother tried to feed her at 11:00am and noticed she would not open her mouth and had a swollen face.
Azzali was taken to the Launceston General Hospital at 1:20pm, in a semi-conscious state.
Kitchin told doctors he may have bumped Azzali's head when getting her out of the car.
An emergency CT scan found bleeding on her brain and showed a number of historic rib fractures.
She was airlifted to the Royal Hobart Hospital's neo-natal unit. Azzali died on February 6, after her life support was switched off.
The coroner found Azzali died of head injuries consistent with being shaken and that it was not clear which violent incident caused her death, as she had been subject to severe and progressive damage over a period of weeks.
The police prosecutor told the court Azzali was defenceless and that the violence inflicted on her was extreme.
Monday, September 7, 2015
Dad assaults 7-week-old baby while mom at work (Terrebonne Parish, Louisiana)
It's a darn shame that the mothers of 7-week-old infants have to work to support the family. All while @$$hole daddies assault the baby because they're too freaking stupid to not know you can't "play rough" with a newborn.
Dad is identified as JAKE BASCLE.
http://www.dailycomet.com/article/20150831/HURBLOG/150839979?Title=Father-accused-of-shaking-baby-
Father accused of shaking baby
Published: Monday, August 31, 2015 at 1:01 p.m.
Last Modified: Monday, August 31, 2015 at 1:01 p.m.
A 23-year-old father is accused of violently shaking his 7-week-old baby, Terrebonne Parish Sheriff Jerry Larpenter said.
Jake Bascle, of 104 Anna Drive, was arrested Thursday on charges of cruelty to a juvenile after a physician determined the baby had injuries consistent with shaken baby syndrome.
Detectives learned that Bascle had been caring for the child while his wife was working, Larpenter said. He admitted to rough-playing with the baby but denied he had hurt his child intentionally.
He has since been released from the Terrebonne Parish jail after posting a $35,000 bond. The child is in stable condition.
Dad is identified as JAKE BASCLE.
http://www.dailycomet.com/article/20150831/HURBLOG/150839979?Title=Father-accused-of-shaking-baby-
Father accused of shaking baby
Published: Monday, August 31, 2015 at 1:01 p.m.
Last Modified: Monday, August 31, 2015 at 1:01 p.m.
A 23-year-old father is accused of violently shaking his 7-week-old baby, Terrebonne Parish Sheriff Jerry Larpenter said.
Jake Bascle, of 104 Anna Drive, was arrested Thursday on charges of cruelty to a juvenile after a physician determined the baby had injuries consistent with shaken baby syndrome.
Detectives learned that Bascle had been caring for the child while his wife was working, Larpenter said. He admitted to rough-playing with the baby but denied he had hurt his child intentionally.
He has since been released from the Terrebonne Parish jail after posting a $35,000 bond. The child is in stable condition.
3-month-old baby injured by dad has died (Corpus Christi, Texas)
Dad is identified as RENE ANTHONY GARCIA.
http://www.caller.com/news/local/infant-injured-in-shaking-dies-1f1c976f-f1bc-0a8d-e053-0100007f47b3-325205001.html
Infant injured in shaking dies
by Staff Reports of the Corpus Christi Caller-Times
Posted: September 6, 2015 10:21 PM
An infant who police said was violently shaken by his father has died, officials said.
The 3-month-old boy died about 10:30 p.m. Saturday, said John Lennan with the Texas Department of Family and Protective Services.
The boy's 46-year-old father was arrested Thursday after Corpus Christi police responded to a call about 3:45 p.m. for an unresponsive infant in the 4900 block of High Meadow Drive on the city's Southside.
The parents were attempting to administer CPR to the baby when officers arrived, according to a police news release Thursday. The baby had been on life support at Driscoll Children's Hospital.
Officers arrested Rene Anthony Garcia on suspicion of injury to a child, elderly or disabled, which is a first-degree felony.
His bail is set at $100,000, jail officials said. Police have said Garcia's charges may be ungraded.
The child's 25-year-old mother was home at the time of the incident, but she is not expected to be charged with a crime, police said.
http://www.caller.com/news/local/infant-injured-in-shaking-dies-1f1c976f-f1bc-0a8d-e053-0100007f47b3-325205001.html
Infant injured in shaking dies
by Staff Reports of the Corpus Christi Caller-Times
Posted: September 6, 2015 10:21 PM
An infant who police said was violently shaken by his father has died, officials said.
The 3-month-old boy died about 10:30 p.m. Saturday, said John Lennan with the Texas Department of Family and Protective Services.
The boy's 46-year-old father was arrested Thursday after Corpus Christi police responded to a call about 3:45 p.m. for an unresponsive infant in the 4900 block of High Meadow Drive on the city's Southside.
The parents were attempting to administer CPR to the baby when officers arrived, according to a police news release Thursday. The baby had been on life support at Driscoll Children's Hospital.
Officers arrested Rene Anthony Garcia on suspicion of injury to a child, elderly or disabled, which is a first-degree felony.
His bail is set at $100,000, jail officials said. Police have said Garcia's charges may be ungraded.
The child's 25-year-old mother was home at the time of the incident, but she is not expected to be charged with a crime, police said.
Sunday, September 6, 2015
Dad charged with murder in death of 2-month-old daughter (Hamilton, Ohio)
Dad identified as PHILIP CUNNINGHAM.
http://www.news-herald.com/general-news/20150903/father-charged-with-murder-in-baby-daughters-death-in-ohio
Father charged with murder in baby daughter's death in Ohio
Metro Creative Connection
By Associated Press
Posted: 09/03/15, 1:39 PM EDT | Updated: 2 days ago
HAMILTON (AP) — The father of a 2-month-old baby girl who police say was shaken and died two days later has been indicted on charges of murder and child endangering in southwest Ohio.
Court documents show 27-year-old Phillip Cunningham of Hamilton was indicted Wednesday by a Butler County grand jury in the July death. Court records don’t list an attorney for Cunningham.
The Hamilton-Middletown Journal-News reports that a police detective testified at a court hearing that Cunningham told him he shook the infant for more than a minute because she wouldn’t stop crying. She died later at an area hospital.
A deputy coroner testified the baby had two skull fractures and retinal hemorrhaging consistent with a shaking motion and the head hitting a hard surface. She ruled the death a homicide.
http://www.news-herald.com/general-news/20150903/father-charged-with-murder-in-baby-daughters-death-in-ohio
Father charged with murder in baby daughter's death in Ohio
Metro Creative Connection
By Associated Press
Posted: 09/03/15, 1:39 PM EDT | Updated: 2 days ago
HAMILTON (AP) — The father of a 2-month-old baby girl who police say was shaken and died two days later has been indicted on charges of murder and child endangering in southwest Ohio.
Court documents show 27-year-old Phillip Cunningham of Hamilton was indicted Wednesday by a Butler County grand jury in the July death. Court records don’t list an attorney for Cunningham.
The Hamilton-Middletown Journal-News reports that a police detective testified at a court hearing that Cunningham told him he shook the infant for more than a minute because she wouldn’t stop crying. She died later at an area hospital.
A deputy coroner testified the baby had two skull fractures and retinal hemorrhaging consistent with a shaking motion and the head hitting a hard surface. She ruled the death a homicide.
Saturday, September 5, 2015
Dad charged with 1st-degree murder in death of 7-week-old baby (St. Petersburg, Florida)
Dad is identified as MICHAEL GUADALUPE.
Notice that this is another case where Mom had to work, while the abusive, deadbeat dad played at caregiver. And once again, a child dies because young males are easily frustrated and have no nurturing skills.
http://www.wtsp.com/story/news/local/2015/09/03/father-arrested-babys-death/71655794/
Father arrested in baby's death
10 News Staff, WTSP 7:09 p.m. EDT September 3, 2015
St. Petersburg, Florida -- The father of a 7-week-old baby was arrested Thursday following an investigation into his son's death on July 7.
Detectives first became involved in the case after the baby was taken to All Children's Hospital on June 29.
Police say on that day, the boy was left in the care of his father, Michael Guadalupe, while his mother went to work. The father claimed the infant had been fed and put in his crib after becoming fussy. The father then saw the infant was unresponsive and he called 911.
During the course of the investigation, detectives learned the boy had extensive internal injuries which were inconsistent with the father's account of what happened.
The child underwent surgery and was taken off life support July 7.
The medical examiner's determined the baby's cause of death was blunt head trauma and were consistent with being shaken.
The manner of death has been ruled homicide. Detectives tried to interview Guadalupe again, but he refused to speak with them. The child's mother is not a suspect.
Guadalupe has been charged with 1st degree murder.
Notice that this is another case where Mom had to work, while the abusive, deadbeat dad played at caregiver. And once again, a child dies because young males are easily frustrated and have no nurturing skills.
http://www.wtsp.com/story/news/local/2015/09/03/father-arrested-babys-death/71655794/
Father arrested in baby's death
10 News Staff, WTSP 7:09 p.m. EDT September 3, 2015
St. Petersburg, Florida -- The father of a 7-week-old baby was arrested Thursday following an investigation into his son's death on July 7.
Detectives first became involved in the case after the baby was taken to All Children's Hospital on June 29.
Police say on that day, the boy was left in the care of his father, Michael Guadalupe, while his mother went to work. The father claimed the infant had been fed and put in his crib after becoming fussy. The father then saw the infant was unresponsive and he called 911.
During the course of the investigation, detectives learned the boy had extensive internal injuries which were inconsistent with the father's account of what happened.
The child underwent surgery and was taken off life support July 7.
The medical examiner's determined the baby's cause of death was blunt head trauma and were consistent with being shaken.
The manner of death has been ruled homicide. Detectives tried to interview Guadalupe again, but he refused to speak with them. The child's mother is not a suspect.
Guadalupe has been charged with 1st degree murder.
Dad arrested for injuring 3-month-old son; baby on life support (Corpus Christi, Texas)
Dad is identified as RENE ANTHONY GARCIA.
http://www.kiiitv.com/story/29961179/father-arrested-for-injury-to-a-child-three-month-old-on-life-support
Father Arrested for Injury to a Child, Three-Month Old on Life Support
Posted: Sep 04, 2015 12:35 PM EST Updated: Sep 04, 2015 6:01 PM EST
FROM THE CORPUS CHRISTI POLICE DEPARTMENT - A three-month old boy is on life support after he was shaken Thursday night, allegedly by his father, and nurses say they are not optimistic about the baby's recovery.
The father, 46-year old Rene Anthony Garcia, was arrested and charged with injury to a child. If the child dies, those charges will be upgraded to capital murder.
It was Thursday afternoon when Corpus Christi police responded to a home in the 4900 block of High Meadow Drive for a report of a three-month old baby not breathing, with CPR in progress. Officers arrived and found both parents of the little boy inside the residence. The baby was unresponsive and transported to Driscoll Children's Hospital in critical condition.
Corpus Christi Police Family Violence Detectives responded and during an investigation, it was determined that the child's father, 46-year old Rene Anthony Garcia, had physically assaulted the child by shaking him.
The father was arrested on charges of injury to a child, a first degree felony. The 25-year old mother, who was home at the time, has not been charged with a crime. There were no other children at the home.
At last report the child was on life support at the hospital and not expected to survive. If the child does die, charges against the father could be upgraded to capital murder.
http://www.kiiitv.com/story/29961179/father-arrested-for-injury-to-a-child-three-month-old-on-life-support
Father Arrested for Injury to a Child, Three-Month Old on Life Support
Posted: Sep 04, 2015 12:35 PM EST Updated: Sep 04, 2015 6:01 PM EST
FROM THE CORPUS CHRISTI POLICE DEPARTMENT - A three-month old boy is on life support after he was shaken Thursday night, allegedly by his father, and nurses say they are not optimistic about the baby's recovery.
The father, 46-year old Rene Anthony Garcia, was arrested and charged with injury to a child. If the child dies, those charges will be upgraded to capital murder.
It was Thursday afternoon when Corpus Christi police responded to a home in the 4900 block of High Meadow Drive for a report of a three-month old baby not breathing, with CPR in progress. Officers arrived and found both parents of the little boy inside the residence. The baby was unresponsive and transported to Driscoll Children's Hospital in critical condition.
Corpus Christi Police Family Violence Detectives responded and during an investigation, it was determined that the child's father, 46-year old Rene Anthony Garcia, had physically assaulted the child by shaking him.
The father was arrested on charges of injury to a child, a first degree felony. The 25-year old mother, who was home at the time, has not been charged with a crime. There were no other children at the home.
At last report the child was on life support at the hospital and not expected to survive. If the child does die, charges against the father could be upgraded to capital murder.
Thursday, August 27, 2015
Dad to go on trial for blinding 4-month-old daughter (Tulsa, Oklahoma)
Dad is identified as CORNELIUS SHANKLIN.
http://www.newson6.com/story/29887864/oklahoma-father-accused-of-shaking-baby-to-blindness-will-stand-trial
Oklahoma Father Accused Of Shaking Baby To Blindness Will Stand Trial
Posted: Aug 26, 2015 6:54 PM EST Updated: Aug 26, 2015 7:53 PM EST
Lori Fullbright, News On 6
TULSA, Oklahoma - A Tulsa man must stand trial for child abuse after prosecutors say he shook his 4-month-old daughter so hard, she’s now blind.
A detective and a doctor testified against Cornelius Shanklin on Wednesday, and the judge ruled there's enough evidence for him to go to trial.
About a dozen members of the baby’s family showed up to support the case in court and they all wore matching T-shirts that say “Justice for MaAliyah."
MaAliyah's family members filled two rows inside the courtroom as they listened to the testimony of a child crisis detective and a pediatrician who specializes in abuse cases.
MaAliyah's mother, Mandy, waited outside the courtroom doors, ready to testify if needed against her husband.
The detective says Shanklin told police he was watching his daughter and toddler son the night MaAliyah was injured, and he could tell she had a skull fracture and didn't look right and wouldn't stop crying.
He told police he was upstairs and thought maybe she rolled off her pillow and hit her head or their son did something to her.
A pediatrician says MaAliyah did have a skull fracture in the back of her head, bleeding in her brain and both her retinas were detached.
She testified someone would have to violently shake a baby and hit her head on something to cause those injuries.
She testified a toddler isn't strong enough or coordinated enough to shake a baby that hard, and even if a toddler dropped the baby, it would only cause bruising, not those injuries.
She also testified the baby could not at that age roll over or crawl, so couldn't cause the injuries herself.
She told the judge MaAliyah likely will be blind the rest of her life.
"She's innocent,” the pediatrician said. “She couldn't protect herself."
As it turned out, MaAliyah's mother was not called to testify, and she was relieved to learn the judge ordered her husband to stand trial.
In addition to the child abuse charge, a charge of child neglect also was added.
Prosecutors argued Shanklin did not get medical help for MaAliyah in a timely manner.
http://www.newson6.com/story/29887864/oklahoma-father-accused-of-shaking-baby-to-blindness-will-stand-trial
Oklahoma Father Accused Of Shaking Baby To Blindness Will Stand Trial
Posted: Aug 26, 2015 6:54 PM EST Updated: Aug 26, 2015 7:53 PM EST
Lori Fullbright, News On 6
TULSA, Oklahoma - A Tulsa man must stand trial for child abuse after prosecutors say he shook his 4-month-old daughter so hard, she’s now blind.
A detective and a doctor testified against Cornelius Shanklin on Wednesday, and the judge ruled there's enough evidence for him to go to trial.
About a dozen members of the baby’s family showed up to support the case in court and they all wore matching T-shirts that say “Justice for MaAliyah."
MaAliyah's family members filled two rows inside the courtroom as they listened to the testimony of a child crisis detective and a pediatrician who specializes in abuse cases.
MaAliyah's mother, Mandy, waited outside the courtroom doors, ready to testify if needed against her husband.
The detective says Shanklin told police he was watching his daughter and toddler son the night MaAliyah was injured, and he could tell she had a skull fracture and didn't look right and wouldn't stop crying.
He told police he was upstairs and thought maybe she rolled off her pillow and hit her head or their son did something to her.
A pediatrician says MaAliyah did have a skull fracture in the back of her head, bleeding in her brain and both her retinas were detached.
She testified someone would have to violently shake a baby and hit her head on something to cause those injuries.
She testified a toddler isn't strong enough or coordinated enough to shake a baby that hard, and even if a toddler dropped the baby, it would only cause bruising, not those injuries.
She also testified the baby could not at that age roll over or crawl, so couldn't cause the injuries herself.
She told the judge MaAliyah likely will be blind the rest of her life.
"She's innocent,” the pediatrician said. “She couldn't protect herself."
As it turned out, MaAliyah's mother was not called to testify, and she was relieved to learn the judge ordered her husband to stand trial.
In addition to the child abuse charge, a charge of child neglect also was added.
Prosecutors argued Shanklin did not get medical help for MaAliyah in a timely manner.
Subscribe to:
Posts (Atom)