Tuesday, January 24, 2012

"Loving" stay-at-home dad on trial for beating 3-month-old daughter to death for interrupting his video game (Seaford, Delaware)

JASON GALLAWAY seems to be another one of those "loving" stay-at-home dads (i.e. deadbeats who don't want to work but want to play video games all day in a life-long adolescence). While Mom was working, this moron apparently beat the baby to death for interrupting his play. There's evidence of prior abuse as well.

Why is it these guys who appear to be perfectly normal from a neurological standpoint claim they have this exaggerated "startle" trigger that causes them to "accidentally" drop the baby--and more than once? Oh pulleeze...

http://www.delawareonline.com/article/20120124/NEWS01/201240345/Trial-under-way-baby-s-death

Trial under way in baby's death
Jury hears two versions of story
1:02 AM, Jan. 24, 2012

Written by DAN SHORTRIDGE
The News Journal


Jason Gallaway was either a loving, caring father or a man who beat his 3-month-old daughter to death because her crying interrupted his video game.

Those were the dual and opposing portraits of the 32-year-old Seaford-area man that emerged Monday as he went on trial in the death of his daughter, Marissa, on a charge of murder by abuse.

She died Dec. 5, 2010, from injuries suffered three days earlier. Gallaway could get 15 years to life in prison if convicted.

Gallaway, 32, who took care of his daughter while his wife worked as a high school teacher, repeatedly physically abused Marissa, prosecutor Casey Ewart said during opening statements Monday. She said the little girl had suffered a fractured rib, fractured shoulder, fractured arm bone and had bruising on her face.

"It may be difficult to comprehend why a parent would abuse his child," she said. "But only the defendant knows what he did and why. ... This was not an accident."

Marissa's death was caused by injuries to her head, which prosecutors said happened because Gallaway struck her and the defense team said happened because she fell off his lap in a tragic accident.

The head injuries, Ewart said, could not have been caused by a 2-foot fall onto a floor. "They're more consistent with a fall from a two or three-story building," she told jurors.

Defense attorney Rob Robinson said Gallaway's life centered around his daughter.

He fed her, bathed her, dressed her, played with her and took her to doctor's appointments.

"In addition to the loss of his daughter, he has to defend himself against charges that he murdered her," Robinson said.

He noted that none of the doctors or nurses who performed her check-ups noticed anything that would have suggested abuse. Nor did Gallaway's wife, he said.

"Not once during that time did she think Marissa was in any danger from Jason Gallaway," Robinson said.

Gallaway sat beside his public defenders, Robinson and Dean Johnson, listening to opening arguments. He shook his head no when Ewart stated that he had killed his daughter.

Gallaway was originally arrested and charged with two counts of assault by abuse or neglect on Dec. 2, 2010, when he called 911 to report Marissa had stopped breathing. Police officers found her lying on a coffee table, skin blue. She was taken to Nanticoke Memorial Hospital, diagnosed with a fractured skull and three bleeds on her brain, then put on life support and transported to Alfred I. duPont Hospital for Children in Rockland.

Gallaway told authorities he had dropped Marissa on the floor twice -- once that day, once the day before -- when she was sitting on his lap and he was doing exercises with her, but then was startled, Ewart said.

After her death, prosecutors re-arrested Gallaway and charged him with murder by abuse.

Ewart said Gallaway was tired and short of sleep before Marissa's death, and also played a lot of video games -- including the one that was paused on the TV screen when Seaford police arrived at the home, "Assassin's Creed: Brotherhood." A manual for the game was propped open on the couch, she said.

Ewart said jurors will also hear the testimony of a prison inmate who shared Gallaway's cell, who will testify that Gallaway told him what he did to Marissa.

Robinson said jurors will hear from Gallaway, as well.

"Accidents can happen," he said. "Babies are fragile, and sadly, many die far too early."

Two weeks have been set aside for the trial, before Sussex County Superior Court Judge Richard F. Stokes.