Dad ANDRE S. MARTIN was babysitting when his 6-week-old daughter "went limp" and stopped breathing. Sounds like the symptoms of classic abusive head trauma (shaken baby)--which, in fact, the medical examiner has confirmed. Nevertheless, the defense is trying to muddy the waters--which of course, is their job.
http://www.macon.com/2011/09/25/1717805/trial-nears-for-man-accused-of.html
Sunday, Sep. 25, 2011
Saturday, Sep. 24, 2011
Shaken baby murder trial starts Monday
By BECKY PURSER
WARNER ROBINS -- A Centerville father charged with murder in the alleged “violent shaking” of his 6-week-old daughter is expected to go on trial Monday in Houston County Superior Court.
Andre S. Martin, 30, was indicted on charges of malice murder, felony murder, cruelty to children, aggravated battery and aggravated assault in the Nov. 16, 2009, incident.
Martin, who is free on a $15,000 bond pending trial, faces a mandatory life sentence if convicted of murder.
Julia C. Bowen, an assistant district attorney prosecuting the case, is expected to argue the death of Kindall Martin was the result of shaken baby syndrome.
Bernadette C. Crucilla, a Macon attorney representing Andre Martin, is expected to argue the child died of natural causes.
“My client has actively professed his innocence,” Crucilla said. “We believe we have sufficient proof to show that he is innocent of this crime.”
Bowen said, “I think the facts are going to show what the truth is.”
Based on court records, Crucilla also is expected to argue that shaken baby syndrome is scientifically unreliable. Bowen is expected to argue it is a valid and scientific diagnosis.
Both attorneys were reluctant to elaborate on their cases before trial. However, the Houston County Superior Court file on the case included motions in which expected arguments were stated.
According to a prosecution motion, the infant and a then-3-year-old sibling were left in Martin’s care while his wife went to run errands and volunteer at her church.
Although the 6-week-old girl had a cold, she was otherwise healthy, the court document stated.
A few hours later, Martin called his wife to tell her the baby had stopped breathing. He told his sister, Ranslah Martin Hurst, that the child woke up from her nap crying, the document stated.
“After (Martin) picked up the child, the child began vomiting from the nose and mouth and then went limp,” the document stated.
Martin called 911, the child was taken first to Houston Medical Center and then to The Medical Center of Central Georgia in Macon. The infant died less than 24 hours later, the document stated.
The medical examiner determined the cause of death was “violent shaking,” and the manner of death was ruled a homicide, the document stated.
“Based on the medical examiner’s training and experience, the brain injuries he observed were consistent with extensive trauma indicative of a motor vehicle accident or severe beating,” the document stated.
However, the defense countered in its own motion that the baby died of natural causes related in part to pneumonia.
“Although the state asserts shaken baby syndrome as the cause of death of this child, a second autopsy was conducted by (defense) experts which indicates that due to the extremely poor health of the infant, which began at birth, that the cause of death was natural in nature,” the defense document stated.
Other experts concluded the infant’s death was due to natural causes, the document stated. The defense also consulted with The Innocence Project in Seattle. The nonprofit works to exonerate those who have been wrongfully convicted by using DNA testing and to reform the criminal justice system to prevent future wrongful convictions.
“There are natural and viable reasons for all of the child’s symptoms in this case,” the document stated. “Shaken baby syndrome is only an explanation for the symptoms in an otherwise healthy child,” the document stated. “The child here was not otherwise healthy. There is evidence she had RSV (Respiratory Syncytial Virus), which (turned into) pneumonia.”
RSV is a virus that causes infections of the lungs and respiratory tract.
Also included in the court file were letters of support from Dawn and Marvin Jones of Warner Robins. Marvin Jones and Martin served together as volunteer coaches for the Warner Robins Recreation Department.
“Andre is a man that is extremely dedicated to his family, incredibly talented and amazingly patient,” Marvin Jones wrote in his letter. Dawn Jones wrote a separate letter and described Martin as a “loving, responsive and accountable husband, parent and coach.”
The anticipated weeklong trial before Judge Katherine K. Lumsden is expected to be marked by testimony from a host of medical professionals and experts for both the prosecution and the defense.
Jury selection is expected Monday.
Monday, September 26, 2011
Friday, September 23, 2011
Dad arrested on aggravated child abuse, neglect charges (Paris, Tennessee)
Is dad WILLIAM F. SMITH a single or custodial dad? There is ZERO MENTION of a mother in this home. And in the vast majority of "unsafe living conditions" cases, Mom will be arrested before Dad will be--unless there is NO mom. So if this is a custodial dad, how did he get custody and who gave it to him?
http://www.parispi.net/articles/2011/09/22/news/local_news/doc4e7a0a7fb3970836444080.txt
Paris TN: Paris TN man arrested in child abuse and neglect case
By RON PARK
P-I Staff Writer
Published: Thursday, September 22, 2011 12:24 PM CDT
A Paris man was arrested Tuesday night on charges of aggravated child abuse and neglect after investigations by the Paris Police Department and the Tennessee Department of Children Services (DCS).
William F. Smith, 35, was arrested at his home on North Market Street by Sgt. Ricky Watson with the PPD’s Criminal Investigations Division and PPD Cpl. Greg Underwood.
PPD Patrolman Jamie James went to Henry County Medical Center, where he met with a DCS representative who advised him that one of Smith’s children was being treated for injuries at the emergency room, according to James’ report.
The DCS representative also informed James that her department had received a tip about the possibility of child abuse in this case.
James noted Smith was found hiding upstairs later that night at his residence by PPD Patrolmen Jeramye Whitaker and Amber Roaten.
Seven children who were found to be living at Smith’s residence,were removed from the home because of unsafe living conditions.
Smith’s bond was set at $25,000, and he is scheduled to appear Thursday in Henry County General Sessions Court.
http://www.parispi.net/articles/2011/09/22/news/local_news/doc4e7a0a7fb3970836444080.txt
Paris TN: Paris TN man arrested in child abuse and neglect case
By RON PARK
P-I Staff Writer
Published: Thursday, September 22, 2011 12:24 PM CDT
A Paris man was arrested Tuesday night on charges of aggravated child abuse and neglect after investigations by the Paris Police Department and the Tennessee Department of Children Services (DCS).
William F. Smith, 35, was arrested at his home on North Market Street by Sgt. Ricky Watson with the PPD’s Criminal Investigations Division and PPD Cpl. Greg Underwood.
PPD Patrolman Jamie James went to Henry County Medical Center, where he met with a DCS representative who advised him that one of Smith’s children was being treated for injuries at the emergency room, according to James’ report.
The DCS representative also informed James that her department had received a tip about the possibility of child abuse in this case.
James noted Smith was found hiding upstairs later that night at his residence by PPD Patrolmen Jeramye Whitaker and Amber Roaten.
Seven children who were found to be living at Smith’s residence,were removed from the home because of unsafe living conditions.
Smith’s bond was set at $25,000, and he is scheduled to appear Thursday in Henry County General Sessions Court.
Dad accused of burning 9-week-old son (Warren, Ohio)
No way this was this burning accidental. The baby also had bruising on his genitals? What a sick @$$hole. And notice there is not ONE WORD about a mother in this home. Was there one? Notice that she does not have custody. Children's Services does.
The dad is SHAWN ROBERTS.
INVISIBLE MOTHER ALERT.
http://www.wfmj.com/story/15517978/warren-father-accused-of-burning-infant
Warren Father Accused of Burning Infant
By Talia Hagler, Reporter
WARREN, Ohio - A man accused of burning his infant son speaks out on his way out of the courtroom. But investigators and the prosecutor said what Shawn Roberts has to say is simply a lie.
As Roberts was being led out of the courtroom in handcuffs he said, "It was an accident. I went to light a cigarette, his face got too close to the eye."
Roberts is charged with felonious assault and endangering children. He's accused of burning his 9-week-old son.
Warren Detective Michael Currington said, "The child had some severe burns to his face. He indicated at first it was a sunburn and then he indicated that it was an accident."
Although detectives and the prosecutor won't give details about the facial burns and bruising to the infant's genitals, they say what happened inside Roberts' home back in June was no accident.
The baby boy is healing and is now in the custody of Children's services. Prosecutor Diane Barber said, "The child is in a safe place now."
As for Roberts, he's being held in the Trumbull County Jail on $75,000 bond.
If he's convicted he could spend up to eight years behind bars.
Roberts is due back in court next month.
The dad is SHAWN ROBERTS.
INVISIBLE MOTHER ALERT.
http://www.wfmj.com/story/15517978/warren-father-accused-of-burning-infant
Warren Father Accused of Burning Infant
By Talia Hagler, Reporter
WARREN, Ohio - A man accused of burning his infant son speaks out on his way out of the courtroom. But investigators and the prosecutor said what Shawn Roberts has to say is simply a lie.
As Roberts was being led out of the courtroom in handcuffs he said, "It was an accident. I went to light a cigarette, his face got too close to the eye."
Roberts is charged with felonious assault and endangering children. He's accused of burning his 9-week-old son.
Warren Detective Michael Currington said, "The child had some severe burns to his face. He indicated at first it was a sunburn and then he indicated that it was an accident."
Although detectives and the prosecutor won't give details about the facial burns and bruising to the infant's genitals, they say what happened inside Roberts' home back in June was no accident.
The baby boy is healing and is now in the custody of Children's services. Prosecutor Diane Barber said, "The child is in a safe place now."
As for Roberts, he's being held in the Trumbull County Jail on $75,000 bond.
If he's convicted he could spend up to eight years behind bars.
Roberts is due back in court next month.
Babysitting dad arrested after child hospitalized with severe head injuries (Sebring, Florida)
Yet another case of fashionable role reversal--Mom forced to work, and Daddy being "stay-at-home" or at least serving as babysitter. Or in reality, being an abusive, neglectful deadbeat....
This time the dad is DOMINIC DIAZ-ASCANI.
http://www.wtsp.com/news/local/article/211832/8/Child-hospitalized-with-severe-head-trauma-father-arrested
Sebring father arrested after child hospitalized with severe head trauma
4:15 PM, Sep 22, 2011
Written by Kristin Weber
Sebring, FL -- A Sebring father is in Highlands County Jail facing abuse charges after his child was hospitalized with severe head injuries on September 9.
According to the report, the child, at home with 20-year-old Dominic Diaz-Ascani at the time, was injured earlier in the evening but wasn't taken to the hospital until the mother came home from work later that night.
The child was taken to Tampa General and will live, but with severe trauma. Doctors reported to detectives that the child had prior signs of abuse in addition to the injuries sustained on the ninth.
Detectives arrested Diaz-Ascani, and is charged with Cruelty toward a Child, Abuse Causing Great Bodily Harm, Disability and Child Neglect Causing Great Harm.
He is currently being held on $200,000 bond.
This time the dad is DOMINIC DIAZ-ASCANI.
http://www.wtsp.com/news/local/article/211832/8/Child-hospitalized-with-severe-head-trauma-father-arrested
Sebring father arrested after child hospitalized with severe head trauma
4:15 PM, Sep 22, 2011
Written by Kristin Weber
Sebring, FL -- A Sebring father is in Highlands County Jail facing abuse charges after his child was hospitalized with severe head injuries on September 9.
According to the report, the child, at home with 20-year-old Dominic Diaz-Ascani at the time, was injured earlier in the evening but wasn't taken to the hospital until the mother came home from work later that night.
The child was taken to Tampa General and will live, but with severe trauma. Doctors reported to detectives that the child had prior signs of abuse in addition to the injuries sustained on the ninth.
Detectives arrested Diaz-Ascani, and is charged with Cruelty toward a Child, Abuse Causing Great Bodily Harm, Disability and Child Neglect Causing Great Harm.
He is currently being held on $200,000 bond.
Judge Courtenay Hall: 5-year-old daughter must visit pedo daddy in prison (Albany, New York)
Beyond outrageous! Why in the hell is it in this girl's best interest to visit pedo daddy CHRISTOPHER CULVER in prison, where he is surrounded by all kinds of other mean, nasty criminals? It's NOT. More evidence that the New York state courts have sold out to the fathers rights people.
http://www.timesunion.com/local/article/Boys-molester-can-see-daughter-2183998.php
Boys' molester can see daughter
Imprisoned ex-teacher who fondled boys wins time with daughter, 5
By TIM O'BRIEN Staff writer
Updated 07:28 a.m., Friday, September 23, 2011
ALBANY -- The wife of a convicted pedophile is being forced by the courts to let their daughter visit him in prison.
Christopher Culver is serving 12 years in state prison for sexually molesting eight young boys in a Clifton Park classroom. But a state appeals court did not see that as a reason to bar him visits with his daughter four times a year.
On Thursday, the state Court of Appeals rejected the effort by Culver's ex-wife, Kristi Van Patten, to appeal the order, ending her legal battle to keep her daughter away from the convicted child abuser. Culver had not seen their daughter, now 5 years old, since she was 18 months old.
"I'm disappointed," said Van Patten's attorney, Michael Friedman. "It's now the law in the state of New York that child molesters can seek to have their children brought to a maximum security prison for visits. I think that's not the way it should be."
Culver signed a separation agreement in 2007 without making any agreement on visitation rights. The couple divorced, and Culver filed for visitation rights in November 2008.
In March, the state Appellate Division of state Supreme Court upheld a lower court ruling from Saratoga County Family Court Judge Courtenay Hall. The decision was split 3-2.
"When you have a 3-2 dissent in the Appellate Division, she had the right to seek an automatic appeal if we could prove it was a matter of law," Friedman said.
The court rejected the argument that it was a matter of law, requiring Van Patten to request permission to file an appeal. On Thursday, the Court of Appeals rejected that argument, ending any chance of a reversal of the ruling.
Hall also ruled Van Patten should pay for the child's counseling before each visit -- as well as telephone conversations between the father and daughter. The appellate court ruling said the father should bear the costs.
In 2008, Culver pleaded guilty to a 49-count indictment. Culver was found to have fondled first-grade boys at the Okte Elementary School over a five-month period in 2006 and 2007, at times in a hidden portion of his classroom set aside for tutoring. He later tried to revoke his plea but that effort was denied.
http://www.timesunion.com/local/article/Boys-molester-can-see-daughter-2183998.php
Boys' molester can see daughter
Imprisoned ex-teacher who fondled boys wins time with daughter, 5
By TIM O'BRIEN Staff writer
Updated 07:28 a.m., Friday, September 23, 2011
ALBANY -- The wife of a convicted pedophile is being forced by the courts to let their daughter visit him in prison.
Christopher Culver is serving 12 years in state prison for sexually molesting eight young boys in a Clifton Park classroom. But a state appeals court did not see that as a reason to bar him visits with his daughter four times a year.
On Thursday, the state Court of Appeals rejected the effort by Culver's ex-wife, Kristi Van Patten, to appeal the order, ending her legal battle to keep her daughter away from the convicted child abuser. Culver had not seen their daughter, now 5 years old, since she was 18 months old.
"I'm disappointed," said Van Patten's attorney, Michael Friedman. "It's now the law in the state of New York that child molesters can seek to have their children brought to a maximum security prison for visits. I think that's not the way it should be."
Culver signed a separation agreement in 2007 without making any agreement on visitation rights. The couple divorced, and Culver filed for visitation rights in November 2008.
In March, the state Appellate Division of state Supreme Court upheld a lower court ruling from Saratoga County Family Court Judge Courtenay Hall. The decision was split 3-2.
"When you have a 3-2 dissent in the Appellate Division, she had the right to seek an automatic appeal if we could prove it was a matter of law," Friedman said.
The court rejected the argument that it was a matter of law, requiring Van Patten to request permission to file an appeal. On Thursday, the Court of Appeals rejected that argument, ending any chance of a reversal of the ruling.
Hall also ruled Van Patten should pay for the child's counseling before each visit -- as well as telephone conversations between the father and daughter. The appellate court ruling said the father should bear the costs.
In 2008, Culver pleaded guilty to a 49-count indictment. Culver was found to have fondled first-grade boys at the Okte Elementary School over a five-month period in 2006 and 2007, at times in a hidden portion of his classroom set aside for tutoring. He later tried to revoke his plea but that effort was denied.
Killer dad's lawyers to argue new point in court (Australia)
Good grief. Will this guy EVER go away? Dad ROBERT FARQUHARSON was convicted of killing his three sons during visitation. Like most of these killer dads, he was miffed at Mom and wanted to get back at her. This case is one of many that have caused the Australian public to question the wisdom of their near mandatory joint custody laws.
http://www.heraldsun.com.au/news/dam-dad-robert-farquharsons-lawyers-to-argue-new-point-in-court/story-e6frf7jo-1226144512413
Dam dad Robert Farquharson's lawyers to argue new point in court
September 23, 2011 12:48PM AAP
TRIPLE-CHILD killer Robert Farquharson will be allowed to argue that a jury should have had the option of convicting him of manslaughter when he makes his latest appeal bid.
Farquharson was sentenced to life in jail last year for the murders of Jai, 10, Tyler, seven, and Bailey, two, who died after Farquharson drove his car into a country Victorian dam on Father's Day 2005.
A Victorian Supreme Court jury convicted Farquharson of three counts of murder, rejecting his argument he had blacked out from a coughing fit and woken up in the dam.
Farquharson has appealed against his conviction.
On Friday, his barrister Peter Morrissey SC applied to the Victorian Court of Appeal to be permitted to argue a further point at his appeal - that the jury should have had the option of convicting him on an alternative charge of manslaughter.
Appeal justices David Ashley and David Harper allowed the application.
An appeal hearing is expected to be held later this year or early in 2012.
Farquharson was last year ordered to serve a minimum of 33 years in prison.
He was returning home from a Father's Day access visit when he drove his car off the Princes Highway and into the dam near Winchelsea in Victoria's southwest.
Farquharson was first convicted of murdering his sons in 2007 and sentenced to life without parole.
But in 2009 he won an appeal and was granted a retrial.
http://www.heraldsun.com.au/news/dam-dad-robert-farquharsons-lawyers-to-argue-new-point-in-court/story-e6frf7jo-1226144512413
Dam dad Robert Farquharson's lawyers to argue new point in court
September 23, 2011 12:48PM AAP
TRIPLE-CHILD killer Robert Farquharson will be allowed to argue that a jury should have had the option of convicting him of manslaughter when he makes his latest appeal bid.
Farquharson was sentenced to life in jail last year for the murders of Jai, 10, Tyler, seven, and Bailey, two, who died after Farquharson drove his car into a country Victorian dam on Father's Day 2005.
A Victorian Supreme Court jury convicted Farquharson of three counts of murder, rejecting his argument he had blacked out from a coughing fit and woken up in the dam.
Farquharson has appealed against his conviction.
On Friday, his barrister Peter Morrissey SC applied to the Victorian Court of Appeal to be permitted to argue a further point at his appeal - that the jury should have had the option of convicting him on an alternative charge of manslaughter.
Appeal justices David Ashley and David Harper allowed the application.
An appeal hearing is expected to be held later this year or early in 2012.
Farquharson was last year ordered to serve a minimum of 33 years in prison.
He was returning home from a Father's Day access visit when he drove his car off the Princes Highway and into the dam near Winchelsea in Victoria's southwest.
Farquharson was first convicted of murdering his sons in 2007 and sentenced to life without parole.
But in 2009 he won an appeal and was granted a retrial.
Thursday, September 22, 2011
Dad going to trial for severely injuring 4-month-old son (Lucas County, Ohio)
Dad JONATHAN DOMINGUEZ is charged with just child endangering, though his 4-month-old son had massive injuries. Where was Mom when all this was going on?
INVISIBLE MOTHER ALERT.
http://www.norwalkreflector.com/content/trial-slated-child-abuse
Trial slated in child abuse
Wire10:47 AM
Sep 20 2011
A Nov. 14 trial date was set in Lucas County Common Pleas Court Monday for a father accused of causing severe injuries to his 4-month-old son last month.
Jonathan Dominguez, 23, of 2137 Stirrup Lane is charged with one count of child endangering. He faces up to eight years in prison if convicted.
Court records show his son, Averik, suffered "broken ribs, bruising to the back, and massive bleeding on the brain."Dominguez was arrested Aug. 15. He remains in custody at the Lucas County jail in lieu of $100,000 bond.
INVISIBLE MOTHER ALERT.
http://www.norwalkreflector.com/content/trial-slated-child-abuse
Trial slated in child abuse
Wire10:47 AM
Sep 20 2011
A Nov. 14 trial date was set in Lucas County Common Pleas Court Monday for a father accused of causing severe injuries to his 4-month-old son last month.
Jonathan Dominguez, 23, of 2137 Stirrup Lane is charged with one count of child endangering. He faces up to eight years in prison if convicted.
Court records show his son, Averik, suffered "broken ribs, bruising to the back, and massive bleeding on the brain."Dominguez was arrested Aug. 15. He remains in custody at the Lucas County jail in lieu of $100,000 bond.
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