Yet another useless "stay-at-home" deadbeat dad. Didn't just violently "shake" the baby in his poor widdle "fit of frustration"--he also broke her arms and legs and bit her. Taking care of a baby--according to his own attorney--was just "more than he could handle."
No doubt the fathers rights crowd will piously tell us that the fractures and bits were "imaginary" too, that this poor dear is a complete innocent.
Unfortunately, it looks like this piece of sh** either couldn't or wouldn't get a job either--probably because of his cocaine dealing. Thus forcing the mother to return to the paid workforce when the baby was ONLY THREE WEEKS old. This is the crappy way to treat mothers in this country. You're barely recovered from childbirth, and you got to go out and get a paycheck not only to keep a roof over your baby's head, but to support a useless parasite like this guy.
I'm not sure I take the mental retardation angle too seriously. He was smart enough to deal drugs illegally, but not smart enough to know you don't bite a baby? Don't buy it.
Daddy is identified as TERRELL FUTCH.
http://www.wctv.tv/news/courtcases/headlines/Shaken_Baby_Case_Headed_to_Trial_Seven_Years_Later_121811274.html
Posted: Thu 10:00 AM, Aug 09, 2012
Reporter: Julie Montanaro Updated: Thu 9:38 PM, Aug 09, 2012
Back to Court Cases[UPDATE] Father in Shaken Baby Death Sentenced to 40 Years
[UPDATE] August 9, 2012- 6:35 pm
A judge has just sentenced Terrell Futch to 40 years in prison for the shaken baby death of his own daughter.
Futch previously entered a plea to second degree murder and child abuse.
His four month old baby died of a brain hemorhage back in 2004.
Terrell Futch was sentenced to 40 years in prison with credit for seven and a half already served.
___________________________________________________
UPDATED 8.8.2012 6pm by Julie Montanaro
A Tallahassee man accused of shaking his baby to death could be sentenced at any moment.
Terrell Futch has already entered a plea to murder and aggravated child abuse.
He could face up to life in prison for a fit of frustration that cost his newborn baby her life.
Terrell Futch is accused of shaking his four month old daughter Ta' Yara so violently that she had died of a brain hemorrhage.
An autopsy shows she had two broken arms, two broken legs, bruises and bite marks.
His ex-wife took the stand and said she was shocked to get a call from him that day in December 2004 saying the baby wasn't breathing.
"Did you ever at any time see the defendant abuse or do anything harmful to your baby?" prosecutor John Hutchins asked.
"No," the child's mother replied. "Was this in fact the first time the defendant was left alone with your child to care for her?" Hutchins asked.
"No," Hawah Brown said. "About three weeks or so after she was born, I had to work immediately to pay bills, so I had to leave her with him all the time every day that I worked."
Futch has been in and out of a state mental hospital since his arrest.
Three psychologists testified he is mildly retarded. One said he had the cognitive abilities of a 12 year old. All testified he was remorseful for the baby's death.
"He was mad at himself .. he is mad at himself because he understands his baby is dead and he was responsible for this," forensic psychologist Salvatore Blandino testified.
Futch's attorney claims taking care of the baby alone all day was more than Futch could handle.
Yet prosecutors point out it wasn't the first time he was left alone with the baby. They say Futch was married, had a job, paid bills and sold drugs to make money.
Kevin Jackson who works with the Mentally Retarded Defendant Program testified Futch was not so mentally impaired that he didn't realize what he was doing the day his daughter died.
-----------------------------------------------------------------------------
Updated August 9, 2012-2:10pm
by Julie Montanaro
Tallahassee Police Officer Annette Garrett is on the stand.
She interviewed Terrell Futch several times during the investigation. She says Futch admitted to shaking the baby and biting the baby.
Garrett also said Futch was on probation for possession of cocaine at the time. __________________________________________________
August 9, 2012- Noon
A Tallahassee man accused of shaking his baby to death will be sentenced this afternoon.
Terrell Futch could face up to life in prison for child abuse and murder.
Terrell Futch was arrested back in 2004 and accused of shaking his four month old baby to death.
An autopsy showed the baby girl had bruises, broken bones and died of a brain hemorrhage. Futch was taking care of the baby alone while his wife was at work.
He was declared mentally incompetent to stand trial and spent most of the past eight years in a mental hospital.
He was recently ruled competent and entered a plea to second degree murder and aggravated child abuse.
All of the testimony so far has come from psychologists both of whom said Futch is mildly retarded and should not have been caring for the baby alone.
Prosecutors contend Futch was married, had a job, paid rent and may have faked the depth of his disability to avoid the consequences of his actions. This sentencing hearing could last well into the afternoon. We'll let you know what the judge decides.
__________________________________________________
August 9, 2012 by Julie Montanaro
Terrell Futch will be sentenced for second degree murder and aggravated child abuse today.
Futch already entered a plea to those charges in the death of his four month old daughter.
Autopsy reports released after the child's death in 2004 indicated she had broken bones and died of a brain hemorrhage.
Futch only recently was declared competent to stand trial. He spent years at Florida State Hospital and the state's mentally retarded defendant program.
Futch's attorney, Joel Remland, says Futch was a husband and loving father with no history of violence. Remland says Futch's wife went to work and left him home alone to take care of the baby.
"Taking care of that baby that day was more than he could handle," Remland said. "He didn't know how to care for a baby." In retrospect, he said, Futch wishes he had asked for help.
Remland said Futch is mentally retarded and pointed out he was deemed incompetent to stand trial for years.
Dr. Greg Prichard testified that Futch is mildly retarded. Pritchard testified that Futch has the cognitive abilities of a 12 year old. "He should not have been caring for an infant child alone," he said.
He also testified that in the past he diagnosed Futch with depression. "He was crying a lot about what he had done."
_____________________________________________________
May 13, 2011 by Julie Montanaro
A man accused of shaking his newborn baby to death is set to stand trial this fall, nearly seven years after the alleged crime.
Terrell Futch was arrested back in December 2004, but was later declared incompetent to stand trial and has spent much of the past seven years receiving treatment at Florida State Hospital.
He was recently declared competent to proceed and this week a judge set a trial date for September 2011.
Futch is facing murder and aggravated child abuse charges in the death of his four month old daughter. Police say an autopsy found the baby had several broken bones and died of a brain hemorrhage.
Court records show Futch's attorney has filed paperwork of his intent to claim insanity. He did not respond to our request for comment.
--------------------------------------------------------------------------------
Showing posts with label mental retardation. Show all posts
Showing posts with label mental retardation. Show all posts
Wednesday, August 15, 2012
Friday, February 25, 2011
Custodial dad with history of domestic violence sentenced to nearly 6 years for burning 6-year-old son (Gresham, Oregon)
Dad DEONTAE LIONELL JOHNSON has been sentenced to six years in prison for burning his 6-year-old son's back.
But much more is going on here than just a few cigarette burns. This is a VERY SUSPICIOUS case. Notice Daddy's extensive history of domestic violence. Just this guy's CONVICTIONS include 4th-degree assault, attempted 2nd-degree kidnapping, and contempt of court for violating a restraining order. He punched the mother of his children in the eye (in front of them, no less) and dragged her to her car, all while threatening to kill her.
And with THAT history, Daddy wants us to believe she voluntarily left him in March 2010 after dropping off the kids at his apartment. Then she (conveniently) "disappeared." That's why he was now custodial, see.
Really? Where were the freaking cops and courts while all this was going on? Why wasn't this @$$hole locked up? Why has there apparently been no effort to locate the mother and verify Daddy's cockamamie story? We're just going to play along with this nonsense and throw these kids into foster care? Honestly, how "voluntary" was this mother's departure under these circumstances? Assuming that she "voluntarily" departed at all, which is rather doubtful. In fact, I wouldn't be surprised in the least if mom's "disappearance" turns out to be an unreported homicide.
http://www.theoutlookonline.com/news/story.php?story_id=129865759357616800
Father sentenced to nearly six years for burning son
Deontae Johnson convicted of first-degree criminal mistreatment
By Mara Stine
The Gresham Outlook, Feb 25, 2011
A Gresham man, described in court documents as “mentally challenged,” will spend 70 months in prison for repeatedly burning his 6-year-old son’s back.
Deontae Lionell Johnson, 30, of Gresham was sentenced to nearly six years in prison and three years of post-prison supervision on Wednesday, Feb. 16, after pleading guilty on Jan. 31 to second-degree assault. The sentence is the minimum allowed for the crime, with the maximum being 10 years and a $250,000 fine.
A first-degree criminal mistreatment charge was dismissed.
The abuse, which caused the victim to suffer “protracted disfigurement on his back,” was discovered on June 10, 2010, when the victim told staff at his grade school in Northeast Portland that his back hurt, according to court documents. Staff examined the boy and saw multiple burns on his back. That’s when the boy said his father did it to him.
A child abuse detective noted 10 or 12 burns where the top of a heated cigarette lighter had been pressed against the skin of the boy’s upper back. Some burns appeared to be many smaller burns that formed a line, including one that was between 3 and 4 inches long, and appeared infected. The detective described it in court records as appearing “almost charred.”
When questioned, the boy’s father denied causing the boy’s injuries, saying he wasn’t aware of them or how they were caused.
But the next day, the boy tried to protect his father. The boy told child-abuse assessors that he was injured when he fell on his back. He mentioned that he’d been playing with a lighter and it somehow got on his back. The boy also said his dad knew about the injuries and put water on his back.
Doctors, however, determined that the severe first- and second-degree burns were not accidental. In a second interview with a child abuse counselor, the boy “provided clear but somewhat brief, disclosures regarding his father burning him with a lighter and whooping him with a belt and cord,” according to court documents. In addition, he disclosed that his father showed him and his two older brothers pornographic pictures of their parents.
In addition to physical abuse, evaluators diagnosed the boy with medical neglect, sex abuse and emotional abuse from being exposed to domestic violence and a father who “gets angry for stupid things,” according to the evaluation.
Finally, the boy’s 8-year-old brother told an evaluator that his father hit all the children with a cord, has put them in a cold shower and “burned my little brother’s back.”
Deontae Johnson’s criminal history includes convictions in 2006 of felony fourth-degree assault, attempted second-degree kidnapping and contempt of court convictions for violating a restraining order. Johnson punched the victim’s mother in the eye in front of the boy, and her three other children, and dragged her toward a car by her neck while threatening to kill her.
In court documents, Johnson told officials that the children’s mother left him in March of 2010, dropped the children of at his apartment in the 800 block of Southeast 190th Avenue and “disappeared.”
Johnson no longer has custody of his four children, ages 5, 6, 8, and 12. They are in the custody of the state’s department of human services.
But much more is going on here than just a few cigarette burns. This is a VERY SUSPICIOUS case. Notice Daddy's extensive history of domestic violence. Just this guy's CONVICTIONS include 4th-degree assault, attempted 2nd-degree kidnapping, and contempt of court for violating a restraining order. He punched the mother of his children in the eye (in front of them, no less) and dragged her to her car, all while threatening to kill her.
And with THAT history, Daddy wants us to believe she voluntarily left him in March 2010 after dropping off the kids at his apartment. Then she (conveniently) "disappeared." That's why he was now custodial, see.
Really? Where were the freaking cops and courts while all this was going on? Why wasn't this @$$hole locked up? Why has there apparently been no effort to locate the mother and verify Daddy's cockamamie story? We're just going to play along with this nonsense and throw these kids into foster care? Honestly, how "voluntary" was this mother's departure under these circumstances? Assuming that she "voluntarily" departed at all, which is rather doubtful. In fact, I wouldn't be surprised in the least if mom's "disappearance" turns out to be an unreported homicide.
http://www.theoutlookonline.com/news/story.php?story_id=129865759357616800
Father sentenced to nearly six years for burning son
Deontae Johnson convicted of first-degree criminal mistreatment
By Mara Stine
The Gresham Outlook, Feb 25, 2011
A Gresham man, described in court documents as “mentally challenged,” will spend 70 months in prison for repeatedly burning his 6-year-old son’s back.
Deontae Lionell Johnson, 30, of Gresham was sentenced to nearly six years in prison and three years of post-prison supervision on Wednesday, Feb. 16, after pleading guilty on Jan. 31 to second-degree assault. The sentence is the minimum allowed for the crime, with the maximum being 10 years and a $250,000 fine.
A first-degree criminal mistreatment charge was dismissed.
The abuse, which caused the victim to suffer “protracted disfigurement on his back,” was discovered on June 10, 2010, when the victim told staff at his grade school in Northeast Portland that his back hurt, according to court documents. Staff examined the boy and saw multiple burns on his back. That’s when the boy said his father did it to him.
A child abuse detective noted 10 or 12 burns where the top of a heated cigarette lighter had been pressed against the skin of the boy’s upper back. Some burns appeared to be many smaller burns that formed a line, including one that was between 3 and 4 inches long, and appeared infected. The detective described it in court records as appearing “almost charred.”
When questioned, the boy’s father denied causing the boy’s injuries, saying he wasn’t aware of them or how they were caused.
But the next day, the boy tried to protect his father. The boy told child-abuse assessors that he was injured when he fell on his back. He mentioned that he’d been playing with a lighter and it somehow got on his back. The boy also said his dad knew about the injuries and put water on his back.
Doctors, however, determined that the severe first- and second-degree burns were not accidental. In a second interview with a child abuse counselor, the boy “provided clear but somewhat brief, disclosures regarding his father burning him with a lighter and whooping him with a belt and cord,” according to court documents. In addition, he disclosed that his father showed him and his two older brothers pornographic pictures of their parents.
In addition to physical abuse, evaluators diagnosed the boy with medical neglect, sex abuse and emotional abuse from being exposed to domestic violence and a father who “gets angry for stupid things,” according to the evaluation.
Finally, the boy’s 8-year-old brother told an evaluator that his father hit all the children with a cord, has put them in a cold shower and “burned my little brother’s back.”
Deontae Johnson’s criminal history includes convictions in 2006 of felony fourth-degree assault, attempted second-degree kidnapping and contempt of court convictions for violating a restraining order. Johnson punched the victim’s mother in the eye in front of the boy, and her three other children, and dragged her toward a car by her neck while threatening to kill her.
In court documents, Johnson told officials that the children’s mother left him in March of 2010, dropped the children of at his apartment in the 800 block of Southeast 190th Avenue and “disappeared.”
Johnson no longer has custody of his four children, ages 5, 6, 8, and 12. They are in the custody of the state’s department of human services.
Friday, December 10, 2010
Dad molested daughter for years during visitation, but judge returns him to the community after just 8 months behind bars (Winnipeg, MB, Canada)
Unbelievable crap. UNNAMED DAD has pleaded guilty to sexually abusing his daughter for years--AND during his visitation time, when he lived with his parents. He is considered "mentally disabled" with the "mental capacity of a typical 12- or 13-year old." And an alcoholic. In fact, such a severe alcoholic that he has apparently been "impaired" every day of his adult life.
So here's the giant unanswered question here: What nitwit granted child visitation to this boozer loser of a father? Of course, this article doesn't even pose the question much less answer it.
Second, why has the legal system continued to coddle this molester daddy? This guy sexually abused his daughter from at least the age of six, and some legal genius thinks it okay to return him to the community after just eight months in jail? Be very afraid, all you good people of Winnipeg.
And where is this girl's mother in all this? Not one word. It's as if she never existed.
INVISIBLE MOTHER ALERT
http://www.winnipegfreepress.com/local/judge-delays-plea-bargain-for-dad-who-molested-girl-111655129.html
Judge delays plea bargain for dad who molested girl
Questions deal to release him after just eight months
By: Mike McIntyre
Posted: 10/12/2010 1:00 AM
He molested his daughter for several years -- begining when she was six -- inflicting a lifetime of emotional damage in the process.
Yet a 34-year-old mentally disabled Winnipeg man still deemed a high risk to reoffend is set to return to the community after spending just eight months behind bars under a controversial plea bargain.
Provincial court Judge Sid Lerner raised questions about the deal Thursday, refusing to endorse it until he can hear further arguments and case law from Crown and defence lawyers. Lerner noted the Manitoba Court of Appeal has previously ruled the "starting point" for similar crimes is in the range of four to five years in prison.
"I am very concerned where this case falls with regard to those (other) sentencing decisions," said Lerner.
The father, who can't be named in order to protect the victim, pleaded guilty to several sex-related offences which were disclosed to police earlier this year. He admits to repeated attacks on the now 14-year-old girl, beginning in 2002. They all involved inappropriate touching and fondling.
Lawyers have made a joint recommendation for the man to be sentenced to time already served in custody, followed by three years of supervised probation.
At the heart of their argument is the fact the man has cognitive impairment which has left him with the mental capacity of a typical 12- or 13-year-old. As well, he claims to have no memory of the repeated sexual attacks on his daughter because he is an alcoholic who has spent pretty much every day of his adult life impaired, court was told.
The daughter is also reluctant to testify in court, which lawyers have factored in when agreeing to a much lighter sentence.
Lawyers say the man may be suffering from fetal alcohol syndrome but has never been formally diagnosed. Lerner is now seeking further medical information on the man to assess the suggested plea bargain.
"I think it's good to know the degree of disability he has," he said.
The father had been living at home with his own parents and would attack his daughter when she would come to visit and sleep over, court was told. She finally disclosed the abuse earlier this year to a school guidance counsellor, who contacted police and Child and Family Services.
The man is planning to live at the Salvation Army once he is released from jail. His probation would include orders to abstain from alcohol, which he admits will likely be a major problem to comply with. He must also not be alone with any children and will be placed on the national sex offender registry.
His case has been adjourned until later this month. He remains in custody without bail.
www.mikeoncrime.com
So here's the giant unanswered question here: What nitwit granted child visitation to this boozer loser of a father? Of course, this article doesn't even pose the question much less answer it.
Second, why has the legal system continued to coddle this molester daddy? This guy sexually abused his daughter from at least the age of six, and some legal genius thinks it okay to return him to the community after just eight months in jail? Be very afraid, all you good people of Winnipeg.
And where is this girl's mother in all this? Not one word. It's as if she never existed.
INVISIBLE MOTHER ALERT
http://www.winnipegfreepress.com/local/judge-delays-plea-bargain-for-dad-who-molested-girl-111655129.html
Judge delays plea bargain for dad who molested girl
Questions deal to release him after just eight months
By: Mike McIntyre
Posted: 10/12/2010 1:00 AM
He molested his daughter for several years -- begining when she was six -- inflicting a lifetime of emotional damage in the process.
Yet a 34-year-old mentally disabled Winnipeg man still deemed a high risk to reoffend is set to return to the community after spending just eight months behind bars under a controversial plea bargain.
Provincial court Judge Sid Lerner raised questions about the deal Thursday, refusing to endorse it until he can hear further arguments and case law from Crown and defence lawyers. Lerner noted the Manitoba Court of Appeal has previously ruled the "starting point" for similar crimes is in the range of four to five years in prison.
"I am very concerned where this case falls with regard to those (other) sentencing decisions," said Lerner.
The father, who can't be named in order to protect the victim, pleaded guilty to several sex-related offences which were disclosed to police earlier this year. He admits to repeated attacks on the now 14-year-old girl, beginning in 2002. They all involved inappropriate touching and fondling.
Lawyers have made a joint recommendation for the man to be sentenced to time already served in custody, followed by three years of supervised probation.
At the heart of their argument is the fact the man has cognitive impairment which has left him with the mental capacity of a typical 12- or 13-year-old. As well, he claims to have no memory of the repeated sexual attacks on his daughter because he is an alcoholic who has spent pretty much every day of his adult life impaired, court was told.
The daughter is also reluctant to testify in court, which lawyers have factored in when agreeing to a much lighter sentence.
Lawyers say the man may be suffering from fetal alcohol syndrome but has never been formally diagnosed. Lerner is now seeking further medical information on the man to assess the suggested plea bargain.
"I think it's good to know the degree of disability he has," he said.
The father had been living at home with his own parents and would attack his daughter when she would come to visit and sleep over, court was told. She finally disclosed the abuse earlier this year to a school guidance counsellor, who contacted police and Child and Family Services.
The man is planning to live at the Salvation Army once he is released from jail. His probation would include orders to abstain from alcohol, which he admits will likely be a major problem to comply with. He must also not be alone with any children and will be placed on the national sex offender registry.
His case has been adjourned until later this month. He remains in custody without bail.
www.mikeoncrime.com
Tuesday, December 29, 2009
Baby-killer dad gets confession suppressed because he's mildly retarded (Ogden, Utah)
Seems dad DAVID SWAPP, who has confessed to the smothering murder of his 3-month-old infant son, is getting a free pass in court. His confession won't be held against him because he has "developmental disabilities," which in this case is appears to be nothing more than mild mental retardation.
Let's just put it simply. Judge Michael DiRida and psychologist Stephen Golding are idiots. Just because you have mild "developmental disabilities" doesn't mean it's alright to murder babies, or that you're necessarily too stupid to know that it's not alright to murder babies. I've known a lot of people with "developmental disabilities," and they don't snuff out the lives of kids. So let's stop making bogus excuses for baby-killing daddies, okay?
http://www.standard.net/topics/crime/2009/12/25/prosecutors-vow-appeal-judge-suppresses-confession-cites-defendants-disabili
Prosecutors vow to appeal / Judge suppresses confession, cites defendant's disabilities
By Tim Gurrister (Standard-Examiner staff)
Last Edit: 3 days 10 hours ago (Dec 25 2009 - 11:12pm)
OGDEN -- Prosecutors will appeal a judge's suppression of David Swapp's apparent confession to police in the death of his infant son.
Swapp, 28, is still charged with murder in the May 30, 2008, death of 3-month-old David Swapp Jr.
The case has been in limbo since August when 2nd District Judge Michael DiReda threw out Swapp's incriminating statements to Ogden police, citing Swapp's developmental disabilities.
When the appeal will be filed with the Utah Supreme Court is still up in the air, said Weber County Attorney Dee Smith.
"All I can say at this point is that we are working closely with the Utah Attorney General's Office," he said. The attorney general's office is, by law, involved in all criminal appeals.
Swapp was jailed the same day the child died, held there unable to raise bail until July of this year, when it was lowered to $25,000.
In his ruling, DiReda said Swapp's mild mental retardation precluded him from understanding his Miranda warnings, making all of his confessions to police inadmissible.
Swapp also tries to please people by telling them what he thinks they want to hear, the judge said.
Swapp had waived his Miranda rights before admitting during questioning by an Ogden detective the same day the baby died that he had killed his son in their apartment.
He described holding the baby's face pressed into bedding until he stopped breathing, according to testimony.
The family lived in the transitional housing unit of the Your Community Connection private social service agency at Adams Avenue and 23rd Street at the time.
Swapp's wife has since divorced him.
In announcing his decision from the bench, DiReda said the officer did not know that Swapp had cognitive deficiencies.
Swapp "wouldn't have had a ghost of a chance in hell of understanding his Miranda rights," the judge said, quoting forensic psychologist Dr. Stephen Golding, who testified for the defense at a hearing on the suppression motion.
Swapp also is prone to saying what others want to hear to please them, Golding said.
Swapp's confession was the centerpiece of the case against him, almost the sole subject of a preliminary hearing in October 2008.
After DiReda tossed out Swapp's statements, defense attorney Camille Neider said the state has no other evidence against her client. Prosecutors disagreed but declined to elaborate
Let's just put it simply. Judge Michael DiRida and psychologist Stephen Golding are idiots. Just because you have mild "developmental disabilities" doesn't mean it's alright to murder babies, or that you're necessarily too stupid to know that it's not alright to murder babies. I've known a lot of people with "developmental disabilities," and they don't snuff out the lives of kids. So let's stop making bogus excuses for baby-killing daddies, okay?
http://www.standard.net/topics/crime/2009/12/25/prosecutors-vow-appeal-judge-suppresses-confession-cites-defendants-disabili
Prosecutors vow to appeal / Judge suppresses confession, cites defendant's disabilities
By Tim Gurrister (Standard-Examiner staff)
Last Edit: 3 days 10 hours ago (Dec 25 2009 - 11:12pm)
OGDEN -- Prosecutors will appeal a judge's suppression of David Swapp's apparent confession to police in the death of his infant son.
Swapp, 28, is still charged with murder in the May 30, 2008, death of 3-month-old David Swapp Jr.
The case has been in limbo since August when 2nd District Judge Michael DiReda threw out Swapp's incriminating statements to Ogden police, citing Swapp's developmental disabilities.
When the appeal will be filed with the Utah Supreme Court is still up in the air, said Weber County Attorney Dee Smith.
"All I can say at this point is that we are working closely with the Utah Attorney General's Office," he said. The attorney general's office is, by law, involved in all criminal appeals.
Swapp was jailed the same day the child died, held there unable to raise bail until July of this year, when it was lowered to $25,000.
In his ruling, DiReda said Swapp's mild mental retardation precluded him from understanding his Miranda warnings, making all of his confessions to police inadmissible.
Swapp also tries to please people by telling them what he thinks they want to hear, the judge said.
Swapp had waived his Miranda rights before admitting during questioning by an Ogden detective the same day the baby died that he had killed his son in their apartment.
He described holding the baby's face pressed into bedding until he stopped breathing, according to testimony.
The family lived in the transitional housing unit of the Your Community Connection private social service agency at Adams Avenue and 23rd Street at the time.
Swapp's wife has since divorced him.
In announcing his decision from the bench, DiReda said the officer did not know that Swapp had cognitive deficiencies.
Swapp "wouldn't have had a ghost of a chance in hell of understanding his Miranda rights," the judge said, quoting forensic psychologist Dr. Stephen Golding, who testified for the defense at a hearing on the suppression motion.
Swapp also is prone to saying what others want to hear to please them, Golding said.
Swapp's confession was the centerpiece of the case against him, almost the sole subject of a preliminary hearing in October 2008.
After DiReda tossed out Swapp's statements, defense attorney Camille Neider said the state has no other evidence against her client. Prosecutors disagreed but declined to elaborate
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