Monday, 17 January 2011

SBS: Ontario: April Luckese

Louie Rosella : Jan 11, 2011
Last Wednesday was supposed to be Duy-An Nguyen's last day at daycare.
It ended up being the last day anyone would ever see her awake and full of life.
On Friday, the 14-month-old Mississauga girl died at the Hospital for Sick Children in Toronto after being taken off life support. She had suffered “severe head trauma,” after being violently shaken, according to family members.
"This has been so sad and devastating for the entire family, especially the parents," said the girl's uncle, Johnson Nguyen. "My sister is dying inside."
Emotion prevented Dan Nguyen, a cousin, from continuing on after beginning, "when you have to bury your own little child..."
The baby’s death came two days after she was found unconscious and unresponsive at a Mississauga home. The Asta Dr. duplex, in the Cawthra Rd./QEW area, belongs to April Luckese, 35, who also operates an unlicenced daycare, April’s Daycare, out of the home.
Today, one day before the toddler is to be buried, Luckese, a married mother of two, appeared in Brampton court charged with second-degree murder in the girl's death.
She was remanded into protective custody by Justice of the Peace Hilda Weiss and will return to court Jan. 21, possibly for a bail hearing.
Luckese’s lawyer, Bruce Daley, said he was concerned for Luckese’s safety and requested his client be placed in segregation while in custody.
“When a person is in custody, quite often on a charge like this, other inmates are not particularly kind,” he said. “So I wanted to be as protective as the system would allow.
“At the moment, she's presumed to be innocent and she ought not be put in any physical jeopardy whatsoever.”
Luckese was initially charged with aggravated assault endangering a life and released on $15,000 bail. On Friday, she was arrested again and charged with murder.
The Nguyens had planned that Wednesday — the day Duy-An was injured — would be her last in Luckese's care, the uncle said, adding the family had made other daycare arrangements. She had only been there for two days.
Meanwhile, outside Luckese's home, someone taped a teddy bear to a tree in the front yard, along with a red sign that reads: “Every Canadian mother is heartbroken. Du-Yan (sic) Nguyen R.I.P.”
Johnson Nguyen said his sister, An, and her husband, Loc Nguyen, were paranoid about leaving their child in someone else's care. The couple approached April’s Daycare only after An’s maternity leave expired and she returned to work selling hearing aids, Nguyen said.
But after using Luckese’s services for just two days, An Nguyen received permission to start bringing her child to work, her brother explained.
“She was so excited, because she knows that she can take her along (to work now),” he said. “But she never got that chance.”
Duy-An was already unconscious at about 4:30 p.m. last Wednesday when Trevor Doyle arrived at Luckese’s home to pick up his two-year-old son from April’s Daycare.
He recalled a “weeping” Luckese coming down the stairs cradling Nguyen. She told him the baby wouldn’t wake up.
“She turned the baby to me so I could see the baby’s face,” Doyle said, adding he didn’t see any visible signs of injury. “I (held) the arm and could feel a very slight pulse.”
Doyle said he demanded someone call 9-1-1.
Within minutes, paramedics arrived. Shortly after entering the home, a paramedic came “sprinting” out with the baby in his arms, according to Doyle.
The child's mother arrived shortly after, he said, and spoke with police before climbing inside the ambulance to be with her daughter.
Doyle said he then went back to the front door, where Luckese appeared.
“She repeated that she was sorry. She said, ‘I’m sorry, I’m sorry,’” Doyle said, adding he didn't know what she was apologizing for.
Peel Regional Police Cst. Wayne Patterson said an autopsy has been completed, but police won't reveal the cause of death.
However, family members have stated investigators told them the girl was violently shaken prior to her death.
Police sources say they upgraded the charge to murder due to Luckese's position as a child caregiver and, they allege, her knowledge of the potentially fatal consequences of Shaken Baby Syndrome.
lrosella@mississauga.net

http://www.mississauga.com/news/article/927605--toddler-fatally-shaken-family

SBS: Omaha: Diane Honaker

Jan 10 2011
It was nearly two months ago that Sarpy County daycare provider Diane Honaker was arrested for child abuse.
The Sarpy County Sheriff's Department contends she is responsible for the injuries that sent a five-month-old girl to the hospital.
And today in a Sarpy County courtroom, it was up to a judge to decide whether there's enough evidence against Honaker for the case to go to trial.
Did Diane Honaker shake a five-month-old baby so violently, it caused a life-threatening brain injury?
A medical expert and Sarpy County Sheriff's Deputy both say yes.
Now it's up to a Sarpy County judge to decide if there's enough evidence in the case for it to go to trial.
Diane Honaker leaves a Sarpy County courtroom after hearing some of the testimony against her.
Most of it coming from Doctor Suzanne Haney - the Medical Director of Project Harmony and an expert on shaken baby syndrome.
She testified that the baby's records showing the bleeding she had on her brain and retinas was consistent with shaken baby syndrome.
"It indicated something significant caused the bleeding. The blood being relatively new meant she had something significant in the last couple days," said Haney.
Haney added, "I believe her injuries were the result of shaking with or without impact."
After interrogating Honaker, the Sarpy County Sheriff's Department came to the same conclusion - that the five-month-old was shaken inside Honaker's Sarpy County home daycare.
In cross examination, Honaker's attorney Chris Lathrop refuted that.
Saying sheriff's deputies badgered and coerced Honaker during her interrogation - that all she said was quote "If I did shake her it was to soothe her. It was by no means intentional."
Lathrop also asserted that some pre-existing conditions could cause injuries similar to those the five-month-old had.
The judge will issue his ruling in two weeks on January 24th at 1:30 in the Sarpy County Courthouse.
The judge said he wanted to look at video from the interrogation before making his decision.
Honaker's attorney also got Doctor Haney to admit that commonly an entire child's brain is injured in shaken baby syndrome cases.
In this case, the injury was only on one side.

SBS: Nebraska: Doris Herrin, Adam Jesseph

by Danny Gruber
C-H staff writer
 January 5, 2011
LEXINGTON – Two suspects in a Gothenburg child abuse case appeared in Dawson County Court Tuesday afternoon for a preliminary hearing to determine whether the evidence against them was sufficient enough to transfer the case before the district court.
Doris M. Herrin, 27, and Adam R. Jesseph, 24, were arrested and jailed Dec. 24 for child abuse resulting in death, according to information filed with the court. The pair was arrested as a result of the investigation into the death of Herrin’s daughter, Misty K. Herrin, 3.
Jeff Wightman is representing Herrin and Jesseph’s attorney is Jim McGough, a criminal defense attorney from Omaha. The State of Nebraska is represented by Dawson County Attorney Liz Waterman.
The only witness called to the stand during the hearing was Sergeant Matt Langley from the Gothenburg Police Department. Langley, an 11-year veteran of the police force, testified in regard to findings by the police department during their investigation of the death of Misty.
Doris and Jesseph reported that the girl had fallen while unattended in a bedroom. The treating physician, however, reported that the injuries were inconsistent with that report.
Herrin and Jesseph, both of 202 Ave. B in Gothenburg, brought an unresponsive Misty Herrin into the Gothenburg Memorial Hospital emergency room at about 1:45 p.m. Tuesday.
After being examined for less than one hour, Misty was transported by air to Kearney. She was placed under the care of Dr. Kenton Shaffer, a certified pediatrician, where she had emergency surgery for swelling on the right side of her brain.
“He did not believe she would survive the night due to the injury to her brain,” Langley testified.
The child was removed from life support and pronounced dead at 2:44 p.m. Wednesday.
According to court records, Shaffer diagnosed her as having suffered injuries consistent with having been shaken; brain hemorrhaging on both sides of her brain and hemorrhaging in both of her retinas.
Gothenburg Police obtained a search warrant and collected from the Herrin household a damp towel, urine-soaked pajamas and a large clump of hair from the trashcan.
“It just didn’t make sense,” Langley said of the clump of hair.
McGough objected to the statement about the hair, but presiding Judge Carlton Clark allowed it, as the hearing was only preliminary.
 In closing arguments Waterman pointed out a gap of time of at least an hour before the defendants allegedly attempted to get assistance for the three-year-old girl.
“There was no explanation as to what was going on,” Waterman said.
“The timeline isn’t indicative of anything,” McGough countered.
“It’s what they think happened,” McGough continued. “It’s not supported by any evidence.”
An autopsy has been conducted, but the results were not available to defense or prosecution as of press time.
In his remarks, Wightman agreed.
“There is no evidence as to the cause of the death of this child. It’s very speculative.”
In his ruling, Judge Clark referred to passages of the Nebraska Statute, Section 28-707 and ruled there was probable cause to have the matter heard at the call of the District Court.
Doris and Jesseph are each being held in the Dawson County jail in lieu of $500,000 bond at 10 percent.
Misty’s seven-year-old sister has been placed into protective custody with the Nebraska Department of Health and Human Services during the court proceedings.
http://www.lexch.com/articles/2011/01/07/news/local/doc4d23a64aa154c631298370.txt
 

SBS: West Virginia: Gary Lee Hensley

Prestonsburg Police say a man arrested on child abuse charges turns out to be a fugitive from Ohio.
35 year old Gary Lee Hensley is accused of severely beating his own baby.
Police discovered he allegedly fled from custody in Ohio before moving to Floyd County.
Prestonsburg Police say doctors at Highlands Regional Medical Center called officers to the hospital Saturday night after an ambulance brought in a seven week old baby.
“There were injuries that would range from fractures to bleeding around the brain. It's an obvious sign of shaken baby syndrome,” Detective Steve Little said.
Investigators questioned the parents, 30 year old Rachel Ousley and 35 year old Gary Hensley and charged them in connection with alleged abuse. Hensley is facing first degree assault charges. When officers arrested him, they discovered he is a wanted fugitive from Ohio.
“My indication was he walked away from a halfway house there,” Detective Little said.
Gary Hensley turned down our request for a jailhouse interview. He is being held at the detention center on a half million dollar bond.
Investigators say the seven week old baby boy has broken legs and severe head trauma. He is now at Cabell-Huntington Hospital in West Virginia.
Police say the child is now in social services custody.

SBS: Louisiana: Ashley Rene Reifer charged in baby’s death

 

Baker police, including Lt. Glenn Daniel, background, lead Baker resident Ashley René Reifer, 22, to a patrol car Friday for booking at Parish Prison in the Oct. 28 death of a 2-month-old boy at the day care center where Reifer worked. Police Chief Mike Knaps said an autopsy revealed that the infant died of shaken baby syndrome.
James Minton/The Advocate BAKER — Police arrested a former day-care worker Friday in the Oct. 28 death of a 2-month-old baby in her care, Police Chief Mike Knaps said.
Knaps said an autopsy revealed that infant Brody Vance Hopper died as a result of traumatic brain injury, also referred to as “shaken baby syndrome.”
Detectives booked Ashley René Reifer, 22, 958 Florida St., Baker, into Parish Prison on Friday night on one count each of second-degree murder and cruelty to a juvenile.
The baby was born Aug. 25.
Lt. James Broussard said detectives received autopsy results in the case on Monday.
The investigation revealed that the infant was in the sole care of Reifer on Oct. 28, from 12:30 p.m. to 5 p.m., when the boy’s father arrived to pick him up from Baker’s Busy Bee Learning Center, 3615 Groom Road, Broussard said.
Knaps said police were dispatched to the day-care center after the father took his son in an infant carrier to his vehicle and noticed that the boy was non-responsive.
Officers found no signs of trauma on the child’s body, Knaps said, but the child was taken to Lane Regional Medical Center in Zachary, where he was pronounced dead.
During the investigation, detectives interviewed everyone who was working in the facility, but Reifer, on the advice of her attorney, declined to be interviewed a second time earlier this week, Knaps said.
A baby has weak neck muscles and a large, heavy head, and shaking makes the brain bounce back and forth inside the skull, according to a National Institutes of Health website.
The brain’s movement inside the skull causes bruising, swelling and bleeding, but the injuries may not be immediately noticeable, the NIH fact sheet says.
Broussard said the child’s  parents were notified of the impending arrest Friday afternoon.
http://www.2theadvocate.com/news/113121389.html

SBS: Illinois: Vincent Jorge Phillips Accused of Shaking 6-Month-Old Baby

 07 Jan 2011 PEORIA - A 23-year-old Peoria man is behind bars, accused of shaking his baby so hard she ended up in the hospital. And he's admitted he's done it before.

Vincente Jorge Phillips has been charged with child abuse, after allegedly shaking his 6-month-old daughter.
In late November, police were called when the child was admitted to the hospital with severe retinal hemorrhaging in the eyes and chronic and acute subdural bleeds in the brain.
At the time, Phillips told hospital staff this was the 4th or 5th time his daughter lost consciousness in the last few months. It only happened when his wife was at work.
The baby had been hospitalized several times, with symptoms consistent with shaken baby syndrome. Hospital staff diagnosed the child with non-accidental trauma from shaking.
During an interview at the hospital, Phillips allegedly admitted he would shake the baby forcefully, using excessive force, when he was "frustrated" -- and that it happened multiple times.
Phillips and his wife are in the middle of a divorce and she has a restraining order against him. According to court records, he is seeking sole custody.
She told detectives she saw Phillips shake the baby when she was just 2 weeks old.
Doctors say if the baby had not been hospitalized, she would have died.
The baby will grow up to have at least some developmental damage, possible loss of vision, and will require extensive followup treatment to determine the long-term effects of abuse.
 

ONTARIO: Throw out Charles Smith-influenced convictions, Crown urges

October 19, 2010 : Theresa Boyle : HEALTH REPORTER
Two women who say they felt pressured to plead guilty to killing their infants are victims of miscarriages of justice, Crown prosecutors have conceded.
The Crown will ask the Ontario Court of Appeal on Wednesday to quash the convictions, acknowledging they were based on flawed evidence from the infamously inept pathologist Dr. Charles Smith.
In its factum, the Crown says it will seek new trials for the pair.
The tragic cases involved young women who have always maintained they were unaware they were even pregnant when they gave birth to babies in the bathrooms of their homes.
Both women were subsequently diagnosed by psychiatrists as suffering from acute distress disorder during their traumatic deliveries, of which they have only hazy memories. There are questions as to whether the babies were even born alive and causes of death remain undetermined.
The pair cannot be named because of publication bans. One woman, identified only as the mother of baby M, was 21 when she gave birth in her Toronto-area home in 1992. The other, identified as the mother of baby F, is from outside Toronto and was 18 when she gave birth in 1996.
Baby M’s mother says she had no idea she was pregnant because she had lost weight prior to the delivery and her periods had always been irregular. The college student thought she was having regular menstrual cramps when labour pains started.
“She was shocked to see a head coming out,” according to court documents. “She described feeling like her insides were coming out. She was in a state of shock.”
Her parents arrived home to find the body of a baby boy in the toilet. Their daughter was lying on the bathroom floor in a pool of blood.
Smith conducted an autopsy and determined the baby died from asphyxia and was the victim of infanticide, findings which were discredited by a panel of expert pathologists who testified at a public inquiry more than two years ago.
The baby’s mother was charged with second-degree murder but ended up pleading guilty to the lesser office of manslaughter, something she says she felt forced to do.
“For nineteen months, she had been told that the Crown was seeking a sentence of up to six years imprisonment. She knew that the Crown’s pathologist, Dr. Smith, had given the opinion that she had intentionally killed her baby. She did not think her denials would be believed,” her factum states.
The evening before baby F was born, the infant’s mother, then a high-school student, cancelled plans to play hockey with friends because she had cramps. She thought she was having a bowel movement when she gave birth to a baby girl. She put the baby in a plastic bag in her bedroom closet.
Smith reviewed the case and again determined the baby died from asphyxia, the result of infanticide. Again, his findings were discredited at the inquiry.
“Dr. Smith’s reputation is now in tatters. His opinion no longer commands respect . . . In 2008, the Goudge Report drew damning conclusions about his work, his ethics and his honesty,” her factum states.
But at the time, the woman’s lawyer was reluctant to challenge Smith because he was considered “the guru in determining the causes of child deaths (and) was the premier pediatric pathologist for Ontario and likely Canada,” her factums states.
She pleaded guilty to infanticide and subsequently received a pardon.
“I felt like I really did not have a choice. I could not remember what really happened and was faced with police and pathologists who seemed sure that my baby’s death was infanticide . . . .
“But I had no memory of what was being alleged and in my head never believed for a moment that I had intentionally done anything to cause my baby’s death,” she states in her affidavit.
In requesting new trials for the pair, the Crown argues in its factum that cases could be made that the mother of baby F aborted the fetus herself and that the mother of baby M drowned her baby in the toilet.
Status of Charles Smith cases
The court has already quashed convictions against:
William Mullins Johnson, who was charged with murder in the 1994 death of his 4-year-old niece
Sherry Sherrett, who was charged with infanticide in the 1996 death of her 4-month-old son
Other cases still winding through the appeal process:
Tammy Marquardt, who was convicted in 1995 of first-degree murder in the death of her son, Kenneth Wynne, 2 1/2
Richard Brant, who was charged with manslaughter but later pleaded guilty to aggravated assault in the 1992 death of his 2-month-old son Dustin
Maria Shepherd, who was convicted in 1992 of manslaughter in the death of her 3-year-old stepdaughter Kasandra
Father of 13-month-old Scarborough girl who died Feb. 8, 1999
A Scarborough father who was charged with second-degree murder in the 1992 death of his 5-week-old son Gaurov
http://www.healthzone.ca/health/newsfeatures/article/877920--throw-out-charles-smith-influenced-convictions-crown-urges

SBS: Ontario: Dinesh Kumar

Jan 7 2011
Tracey Tyler Legal Affairs Reporter
From the time he set foot in Canada 20 years ago, Dinesh Kumar’s life has been a near-continuous series of ordeals.
His wife battled a brain tumour, his five-week-old son Gaurov died inexplicably and Kumar suddenly found himself charged with murder, thanks to a medical opinion from now-discredited pathologist Charles Smith that the child died from “shaken baby syndrome.”
Now Kumar, a 44-year-old immigrant from the Punjab, has received some good and bad news.
Ontario’s attorney general is conceding his conviction for criminal negligence in connection with Gaurov’s death should be quashed, which is expected to happen Jan. 17 when the case comes before the Ontario Court of Appeal.
But the Crown says it is not conceding that Kumar is “factually innocent.”
Although there is now evidence Gaurov did not die from being shaken, his death remains unexplained, Crown counsel Gillian Roberts says in a written argument, released to the media by the court on Friday.
She says the evidence in the case does not prove, as it did in the case of William Mullins-Johnson, who was wrongly convicted of murdering his niece on the basis of Smith’s testimony, that no crime was ever committed.
The Crown also says it “does not accept” criticism that shaken baby syndrome is a discredited theory.
The statement could be significant because, two years ago, the Ontario government launched a review of nearly 150 cases dating back to 1986, in which child deaths had been attributed to the syndrome.
It remains to be seen whether the court will, as James Lockyer, Kumar’s lawyer, urges in material filed with the court, “say whatever it considers appropriate to help him clear his name.”
In his written argument, Lockyer says while shaken baby syndrome was in vogue twenty years ago as an explanation for sudden child deaths, biomechanical engineering has since challenged the “science” of the syndrome and shown that shaking a baby to death is unlikely.
Engineering has shown such shaking would create neck and spinal damage and leave visible finger marks, Lockyer says.
Kumar, originally charged with second-degree murder, said he accepted a plea bargain to a lesser charge after being told by his lawyer that Smith was “like a God” and there was no way to challenge his testimony.
“We were all scared of the murder charge,” he said in an affidavit filed with the court. “So I agreed, after much discussion with my family, to plead guilty as I did. It was the hardest decision I ever had to make.”
http://www.thestar.com/news/ontario/charlessmith/article/918177--father-s-conviction-should-be-quashed-crown-says

Profile: Sir Roy Meadow

 17 February 2006
 

 

Professor Sir Roy Meadow is one of the most influential and respected paediatricians of his generation. Many experts say his work has saved countless children from unnecessary suffering.
However, his distinguished career has been blighted by controversy.
After decades as a leading thinker in the field of child abuse, Sir Roy has become notorious as a central figure in three high profile miscarriages of justice.
He gave expert evidence in the trials of Sally Clark, Angela Cannings and Donna Anthony.
All three women were convicted of killing their children - and all three have subsequently been exonerated by the Court of Appeal after lengthy periods in prison.
Mrs Clark, a solicitor, was jailed for life in 1999 for the murder of her two sons Christopher and Harry.
At her trial, Sir Roy said the odds of two children from such an affluent family dying of natural causes were one in 73 million.
Sir Roy Meadow
Educated at a grammar school in Wigan and Oxford University
Worked as a GP in Banbury
Became a senior lecturer at Leeds University
Took up chair in paediatrics and child health in 1980 at St James's University Hospital, Leeds
Former president of British Paediatric Association
Former president of the Royal College of Paediatrics and Child Health
Knighted in 1998 for services to child health

His claim was later disputed by the Royal Statistical Society, which wrote to the Lord Chancellor to say there was "no statistical basis" for the figure.
Others have said that once genetic and environmental factors are taken into consideration, the odds of a second cot death in the same family are closer to 200 to one.
Mrs Clark was eventually freed when she won her appeal in January 2003.
Sir Roy stood by his evidence at a General Medical Council hearing into his actions, but he admitted he had been insensitive to compare the odds of both boys dying naturally to those of four different horses winning the Grand National in consecutive years at odds of 80-1.
The retired paediatrician was found guilty of serious professional misconduct in July 2005, and was struck off the medical register.
But Sir Roy appealed, and the GMC's verdicts have now been overturned.
Other cases
Angela Cannings served 18 months in prison for the murder of two of her baby sons. She was freed in December 2003.
At her appeal QC Michael Mansfield heavily criticised Sir Roy's evidence at the original trial.
He argued that, were the trial to take place now, it was unlikely the Crown would call Professor Meadow as a witness, or, if they did, it would "have to be done with a health warning attached to it".
Sir Roy's evidence in the Donna Anthony trial was similarly criticised.
Ms Anthony was found guilty of killing her daughter Jordan, aged 11 months, and her son Michael, aged four months, in 1998.
The prosecution in her case, relying on Sir Roy's evidence, had claimed the babies had been smothered, and that Donna Anthony had been trying to draw attention to herself.
Sir Roy, and another expert witness, told the court the chances of two cot deaths in a case such as hers were one in a million.
But Ms Anthony had always claimed her children had died of cot death.
Munchausen's
Sir Roy first came to prominence in 1977 after publishing a paper in The Lancet medical journal on a condition he dubbed as Munchausen Syndrome by Proxy.
Sally Clark
Sally Clark was also convicted on evidence from Sir Roy Meadow


This is a form of child abuse in which a parent induces real or apparent symptoms of a disease in a child.
Perhaps the most high profile example was the case of nurse Beverly Allit, who murdered four children and harmed nine others. Professor Meadow worked on this case.
But even his work in this field has been subject to controversy.
In the House of Lords, Earl Howe, the Opposition spokesman on health, accused the professor of inventing a 'theory without science' and refusing to produce any real evidence to prove that Munchausen Syndrome by Proxy actually exists.
Meadow's law
Possibly, Sir Roy's most telling contribution is an observation in a book that became universally known as "Meadow's Law".
This states that: "One sudden infant death is a tragedy, two is suspicious and three is murder, unless proven otherwise."
Over the years he gained a reputation for being particularly severe when confronted with cases of multiple child deaths in one family.
Many supporters, however, have championed Sir Roy, calling him a man of great skill and compassion.
A spokeswoman for the Royal College of Paediatrics and Child Health "His work has undoubtedly saved the lives of many children.
http://news.bbc.co.uk/2/hi/health/4432273.stm

SBS: Shaken baby syndrome guidance issued by CPS

A baby (Copyright: Thinkstock) Shaken baby syndrome came to prominence after high profile cases
Head injuries alone are unlikely to be enough to charge someone with homicide, attempted murder or assault in "shaken baby syndrome" cases, according to new Crown Prosecution Service guidance.
Karen Squibb-Williams, of the CPS, said "careful consideration" would be given to decide if a conviction was possible.
So-called shaken baby syndrome broadly refers to non-accidental injury to an infant resulting from violent shaking.
The guidance updates advice issued five years ago after high profile cases.
Previous advice came after the attorney general ordered a review of all cases in the previous decade which had involved convictions for killing infants aged under two.
It followed concerns over the evidence of the paediatrician Professor Sir Roy Meadow in the Angela Cannings prosecution, which involved sudden infant death, not shaken baby syndrome.
Mrs Cannings was found guilty of smothering her seven-week-old son in 1991 and her 18-week-old son eight years later. These convictions were later overturned.
The Cannings case was one of several which raised concerns that many parents convicted of killing their children were victims of miscarriages of justice.
'Sensitive' cases
The judges who released her ruled that no-one should be prosecuted solely on the basis of medical opinion which was disputed between experts.
Sir Roy was later found guilty of serious professional misconduct and struck off the medical register, but was reinstated after an appeal which overturned the GMC's verdicts.
Sir Roy also gave evidence in the case of Donna Anthony who was freed on appeal in 2005 after being imprisoned for life eight years earlier for killing her 11-month-old daughter and four-month-old son.
Her case was one of the 28 referred to the Criminal Cases Review Commission after Mrs Cannings was released.
In its updated guidance, the CPS also urged prosecutors to challenge defence experts who claim the three head injuries generally associated with shaken baby syndrome may be explained by a lack of oxygen, infection, or raised intracranial pressure.
The defence experts' theory, known as the "unified hypothesis", was rejected by the Court of Appeal as recently as July, said Ms Squibb-Williams, who is the senior policy adviser in the CPS's strategy and policy directorate.
She said shaken baby syndrome cases were "complex and sensitive cases".
"The guidance makes clear that it is unlikely that a charge for a homicide or attempted murder or assault offence could be justified where the only evidence available is the triad of injuries," she said.
She went on to say that, in cases where the three internal head injuries are found, "the prosecutor will always consider all the surrounding circumstances and the evidence in each case before reaching a decision".
The senior policy adviser added: "Each case will have its own individual facts and very careful consideration will be given in deciding whether there is sufficient evidence for a realistic prospect of conviction, and then in considering whether it is in the public interest to bring a prosecution."

SIDS: Oregon: Jayden Ortiz From Corpus Christi Died From SIDS

Posted: Jan 5, 2011 3:06 PM by Steven Romo - sromo@kristv.com
OREGON - There's new information on the death of a 10-month-old child who was taken from corpus christi to oregon by his mother. The medical examiner in Washington County, Oregon has determined Jayden Ortiz died of sudden infant death syndrome, also known as SIDS.
Ortiz died unexpectedly on November 22, 2010. The child's paternal grandparents had raised questions regarding the child's death. The Washington County Deputy Medical Examiner tells us the results of the autopsy and toxicology prove Jayden died of natural causes.
http://www.kristv.com/news/child-taken-from-corpus-christi-died-from-sids/

SIDS: Amanda the Panda Grief Service

New figures show the number of sudden infant death syndrome cases dropped by half over the last decade.  But the mystery surrounding SIDS continues to baffle parents and doctors.
If you have a child, you may have heard about a new finding.  It links SIDS to holiday celebrations.
Do a simple search and you will find it all over the web.  A study, by a University of California sociologist, found a 33% spike in cases of sudden infant death syndrome on January first, versus the other days of the year.  It suggests parents who drink more may be less careful when they put their babies to sleep.
"You can totally understand how parents would be more stressed, more tired around the holidays." Says medical doctor, Lydia Holm at Blank Children’s Hospital.  However, she adds that the report may have nothing to do with SIDS.  And everything to do with suffocation.  "If you go in and find a baby that's died, and there are a lot of pillows and soft toys and they were found sleeping on their stomach, then that really could be classified as suffocation and not as SIDS."
The distinction matters because of, what Cindy Meek, Program Coordinator for Amanda the Panda says, that SIDS parents already have to endure.  "That can be hurtful, but again, sometimes all sorts of things that are said or done can affect grieving people."
Amanda the Panda Grief Services organization offers healing to Iowa families that suffer losses.  Cindy says the real SIDS is so difficult because there nothing to blame.  "We feel so responsible as parents for the very survival of our children.  It's our job to take care of them to launch them out into the world and to give them a future and so it's extra-difficult for parents when something does go wrong in that they lose that child so early in their life.  There's that heavy sense of responsibility that may not, again, be logical, but emotionally it makes sense."
Lydia Holm adds, "The real SIDS is unpreventable.  Because no one knows what causes it."  Doctor Holm says parents should focus instead on what they can do to prevent suffocation.  It begins with laying an infant to sleep on his or her back.  "On a firm mattress, no soft bedding, no toys.  Have them in your room, but not in your bed."
Doctor Holm says that bumper pads in cribs may be stylish, but parents should not use them.  She says they pose a serious suffocation hazard.
She says new evidence shows a sleeping infant with a pacifier in its mouth has a lower chance of dying from SIDS. Though doctors have no explanation as to why.
The Iowa SIDS Foundation provides support for families who have suffered a SIDS loss.
And "Amanda the Panda" has openings for support groups that are about to begin.
http://www.whotv.com/news/who-story-sids-study-1111,0,2583415.story

SIDS: New York State: Randy and Nicole Colucci

January 5, 2011
NIAGARA FALLS — LOCKPORT — A Niagara County Court judge has handed partial victories to both prosecutors and defense attorneys in advance of the upcoming murder and manslaughter trial of a Niagara Falls couple.
Judge Sara Sheldon Sperrazza ruled Tuesday that prosecutors may be able to introduce some evidence of the possible mistreatment of Randy and Nicole Colucci’s deceased 22-month-old daughter Carmen at their trial. In a written decision, the judge said evidence of “open lesions found on Carmen’s genital and groin area are admissible” as long as prosecutors do not suggest they are a result of sexual abuse.
She also ruled evidence of “a lack of consistent medical care, unsanitary sleeping conditions and poor hygiene” could be admitted.
Sperrazza wrote the evidence, while not connected to Carmen’s death, was “probative of the defendant’s overall treatment and care of the child.”
However, Sperrazza barred prosecutors from telling a jury anything about the death of another Colucci child. In 2007, 3-month-old Sebastian was found dead at home and the cause of death was listed as Sudden Infant Death Syndrome.
The judge said since neither Randy nor Nicole was ever charged with any wrongdoing in connection with Sebastian’s death, making a jury aware of that would deprive the Coluccis of a fair trial.
“The prejudicial effects (of allowing evidence of the SIDS death in at trial) would be overwhelming,” the judge wrote.
Sperrazza said she would not allow “for the time being,” prosecutors to use evidence the Coluccis used harsh discipline on their surviving children at the murder and manslaughter trial. The couple, who face charges of second-degree murder and second-degree manslaughter in Carmen’s death, face a second trial on five counts of endangering the welfare of a child for their treatment of their other children.
In her decision, Sperrazza noted the child abuse allegations include claims that the Coluccis hit their children with a stick, forced one to eat dog food and would duct tape the children’s legs together during “time-outs.”
The judge did rule that evidence of harsh discipline directed at Carmen, prior to her death, could be used as evidence.
Attorneys for Randy, 25, and Nicole, 24, had argued prosecutors wanted to bring the abuse, medical and SIDS death evidence into the case to portray the couple as “a white trash family” who should not have had children.
“It’s an attempt to expand the scope of the proof,” defense attorney Joseph Terranova said. “The prosecution is trying to show that this was a white trash family and that’s irrelevant and prejudicial to us. This should not be used as examples to show these people are bad parents, should not have had children and we’re lucky there haven’t been (other child deaths in the family).”
Assistant District Attorney Robert Zucco denied trying to portray the Coluccis as “white trash,” but did argue that the care of their children was an element in their daughter’s murder case.
“Under the murder count, they are charged with depraved indifference (to human life),” Zucco said. “Prior conduct towards this child is evidence of this indifference. If they had exercised some care, this would not have happened.”
The Coluccis are accused of leaving the care of their dead daughter and a 1-year-old son to their eldest daughter, who was only 9.
Niagara Falls police detectives said officers responded to the Colucci’s home on March 31 after receiving a call of “a 2-year-old not breathing.” When officers arrived, they found Carmen unresponsive with her grandmother performing CPR.
The little girl was rushed to Niagara Falls Memorial Medical Center and then transferred to Women and Children’s Hospital in Buffalo. She died April 8.
Falls police said their investigation showed that Carmen was “put in a (portable playpen) with her 12-month-old brother, with a twin mattress on top of the playpen and a TV on top of the mattress to keep the children from getting out.” The Coluccis did not check on their children for 17 hours and Carmen apparently “got her head stuck between the (playpen) and the mattress.”
Sperrazza said she would rule Monday on whether statements the Coluccis made to police investigators can be used at their trial.
Jury selection for the murder case is set to begin Jan. 24.
http://niagara-gazette.com/local/x991597145/Mixed-ruling-in-infant-death-case

SIDS: Virginia: Robin Imani Varner

January 4, 2011
Chesterfield Police have arrested and charged Robin Imani Varner with second degree murder for the death of her five month-old daughter.
Rescuers were called to the home. Neighbors say the police and ambulance crews were there for hours.
Initially, police told CBS 6 that they believed the baby died of Sudden Infant Death Syndrome or SIDS.
However, search warrants obtained by CBS 6 contradict those initial claims.
According to the documents the child was unresponsive when rescuers arrived.
Rescuers started CPR and transported the child to Chippenham hospital where the baby was pronounced dead.
Police were also informed by ER doctors that, “there was an unusual amount of blood associated with this infant and it was not consistent with a Sudden Infant Death case.”
The paperwork also details what investigators saw at the Rockridge home. It says the residence was "disheveled" and "unkept". They say they found drugs and alcohol in the room next door and that the infant was sleeping on a mattress on the floor with nothing more than pillows to keep the child from rolling off.
They also observed a bed frame over the baby's sleep space and believed it could easily fall on the child if moved.
There are no names mentioned in the warrant.
Varner is currently being held without bond at the Chesterfield County Jail.

SBS: intracranial bleeding in infants

Talbert DG: Institute of Reproductive and Developmental Biology, Imperial College School of Medicine, Queen Charlotte's Hospital, Du Cane Road, London W 12 ONN, UK. d.talbert@imperial.ac.uk


It is known that retinal haemorrhages can result in adults when elevated intrathoracic pressures due to coughing, cardiopulmonary resuscitation, etc., force blood into the head. In infants under one year of age retinal and intracranial haemorrhage commonly occur together, but the same is not true for the older child and adult. The role of the elasticity of the infant skull (resulting from suture and fontanelle stretching) compared to the rigid mature skull, was investigated in a computer aided method. This showed that although in the event of Valsalva-like situations very high lumen pressures may be present in both groups, in the rigid adult skull an immediate corresponding increase in intracranial pressure is produced which surrounds and supports vascular walls leaving transmural pressures little changed. No such support is provided in the eye, and retinal vessels may rupture. Within the skull there may be drastic effects on brain circulation, but since changes in vascular transmural pressure are minimal vessel distension is not induced. In the infant skull the sutures stretch as pressure rises. Since vascular volume is only about 5% of intracranial volume each 1% increase in skull volume permits a 20% increase in vascular volume. Quite small skull expansions will allow dangerous vascular distension and risk of wall damage. Until skull bones fuse, intra-cranial bleeding will be expected in the soft infant skull in any situation where retinal haemorrhage alone is known to occur in the adult or child.

http://www.ophsource.org/periodicals/ophtha/medline/record/MDLN.16343794

SBS: Retinal hemorrhages in type I osteogenesis imperfecta after minor trauma

Anuradha Ganesh, MD et al. [from well respected institutions]:

To report 3 patients with type I osteogenesis imperfecta (OI) who developed retinal hemorrhages and subdural hematomas after minor trauma.

Design

Observational case series.

Method

Children with OI who developed retinal hemorrhages after minor trauma were identified through an international e-mail–based mailing list for professionals with an interest in child abuse.

Results

Three patients with type I OI who presented to the emergency department after a short fall were identified. Clinical evaluation included pediatric and ophthalmic examination. Investigations included complete blood count, coagulation profile, computed tomography of the brain, and a skeletal survey. Ophthalmologic examination revealed retinal hemorrhages in all the children. In the first patient, these were flame shaped and located in the posterior pole of the left eye. The second patient had vitreous and retinal hemorrhages in both eyes. The third patient had scattered intraretinal hemorrhages in both eyes. Computed tomography demonstrated a subdural hematoma in all of the patients and, in patient 2, a simple parietal skull fracture. The child protection teams that investigated the cases believed the explanations offered for the injuries to be plausible, and a diagnosis of accidental injury was made in all 3 patients.

Conclusion

This is the first report of retinal hemorrhages and subdural hematoma after trivial trauma in patients with type I OI. The collagen defects underlying this disorder of bone and connective tissue may predispose patients with type I OI to retinal hemorrhages and subdural hematomas after minor trauma.
http://www.ophthalmologyjournaloftheaao.com/article/S0161-6420(04)00153-8/abstract

Saturday, 15 January 2011

SBS: Ohio: Matthew Boivin

 January 4, 2011
A defense expert could cast some doubt on allegations that a man from The Plains caused shaken baby syndrome in his infant son.
Matthew Boivin, 22, was indicted by an Athens County grand jury last spring on charges of felonious assault, felony domestic violence and two counts of endangering children, one a felony. His trial is scheduled for Feb. 22.
http://www.athensmessenger.com/news/local/article_70ee605c-17f4-11e0-93ee-001cc4c03286.html

SBS: Connecticutt: Luis Colon

Saturday, January 1, 2011 9:09 AM EST

WATERBURY [Dash] A 5-month-old boy was still listed in critical condition Friday after police say his mother's boyfriend violently shook him because he wouldn't stop crying earlier this week.

Jayden Cruz was flown to Connecticut Children's Medical Center in Hartford early Monday morning after doctors at Waterbury Hospital suspected the boy was the victim of shaken-baby syndrome.

Police arrested Luis Colon, 21, of 376 Berkeley Ave., after police say he admitted to shaking the boy on Sunday evening. Colon isn't the boy's father, but was living with his mother.
http://www.rep-am.com/news/local/doc4d1eb519f4013019275421.txt

SBS: Minnesota: Jeffrey Allen Davis

Leif Knutson / FOX 9 News

ST. PAUL, Minn. - A St. Paul man admitted to shaking his son so hard he caused the child permanent brain damage.
Jeffrey Allen Davis, 33, pleaded guilty in Ramsey County Court to malicious punishment of a child Tuesday.
Davis claims he shook the baby for 10 to 15 seconds, and that the boy's head jostled front to back several times. In describing the March incident, Davis told police his 6-week-old son's head moved "like a bobble-head doll."
Davis said he did it in frustration during his son's screaming.

Prosecutors say the boy suffered permanent brain injury and damage to his eyesight.
http://www.myfoxtwincities.com/dpp/news/stpaul-shaken-baby-brain-damage-guilty-plea-jan-4-2011

SBS: New U.K. Guidelines

Wesley Johnson: Jan. 6 2011
Head injuries alone are not likely to be enough to charge someone with homicide, attempted murder or assault in cases of so-called shaken baby syndrome, the Crown Prosecution Service (CPS) said today.
The CPS also urged prosecutors to challenge defence experts who claim the three head injuries generally associated with the syndrome may be explained by a lack of oxygen, infection, or raised intracranial pressure.
The guidance updates that issued five years ago following concerns over the evidence of the paediatrician Professor Sir Roy Meadow in the Angela Cannings prosecution and other high profile cases.
Karen Squibb-Williams, the senior policy adviser in the CPS's strategy and policy directorate, said: "These are complex and sensitive cases.
"The guidance makes clear that it is unlikely that a charge for a homicide or attempted murder or assault offence could be justified where the only evidence available is the triad of injuries."
In cases where the three internal head injuries are found, "the prosecutor will always consider all the surrounding circumstances and the evidence in each case before reaching a decision", she said.
Ms Squibb-Williams added that prosecutors should strongly resist defence claims that the three specific injuries - bleeding into the linings of the eyes, bleeding beneath the dural membrane of the brain, and damage to the brain affecting function - may be explained by a lack of oxygen, infection, or raised intracranial pressure.
The defence experts' theory, known as 'the unified hypothesis', was rejected by the Court of Appeal as recently as July, she said.
She went on: "The updated guidance makes clear prosecutors should continue to resist defence challenges to the established theory that non accidental head injury (Nahi) cases will usually be diagnosed in children where sufficient force has been used to produce a combination of three internal head injuries, known as 'a triad of intracranial injuries'.
"To prove a Nahi case you will usually require the triad of injuries plus supporting evidence."
Ms Squibb-Williams added: "Each case will have its own individual facts and very careful consideration will be given in deciding whether there is sufficient evidence for a realistic prospect of conviction, and then in considering whether it is in the public interest to bring a prosecution."
Mrs Cannings was found guilty of smothering her seven-week-old son in 1991 and her 18-week-old son in 1999.
But the judges who released her ruled that a prosecution should not be brought when it rested "exclusively" on a serious disagreement between distinguished experts.
Sir Roy has since been found guilty of serious professional misconduct and struck off the medical register.
He also gave evidence in the case of Donna Anthony who was imprisoned for life in 1998 for killing her 11-month-old daughter and four-month-old son. She was also freed on appeal in April 2005.
Mrs Anthony's case was one of the 28 referred to the Criminal Cases Review Commission after Mrs Cannings was released.
Today's guidance updates that issued following Mrs Cannings' case, which involved sudden infant death syndrome (Sids).
It also follows the case of a young mother accused of shaking her eight-month-old son to death who faced two trials before a judge threw out the manslaughter charge against her.
Fatima Miah denied prosecution claims that she had shaken baby Anas in a fit of temper in May 2007, leaving him with the brain injury from which he died, telling police he collapsed after falling off the sofa.
Judge Timothy Pontius ordered jurors at the Old Bailey formally to clear her in July 2009 after he was asked to make a ruling on the conflicting evidence of medical experts about the cause of the child's death.
On the day Anas died, an ambulance was called to the flat and he was found on the floor, not breathing, and his heart stopped for 40 minutes.
Miah, of White City, west London, faced her first trial at the Old Bailey in November 2008 but the murder charge was thrown out by a judge and jurors were unable to agree their verdict on the charge of manslaughter.
The mother faced a second trial but the judge decided to throw it out after hearing both the prosecution and the defence case.
The triad of internal head injuries was at the heart of the case, but the judge said there was a "fundamental conflict of expert opinion" on the cause of death and no "clear evidence" to back one side or the other, so he would have to direct the jury to enter a not guilty verdict.
There was no evidence of external injuries and the mother had no previous convictions or history of abuse.

SBS: Ontario: Dinesh Kumar

img
Dinesh Kumar, seen with his wife, Veena, in 2008, pleaded guilty to murder in the death of his son 1992. The Crown will drop the case against him. (Ashley Hutcheson for The Globe and Mail) Later this winter, Dinesh Kumar will finally get to proclaim his acquittal in the death of his baby son almost two decades ago by posting a notice at the Hindu temple he attends. “They should know that I’m not a criminal,” the 44-year-old Toronto man said.
Mr. Kumar is full of optimism after learning that the Ontario Crown is moving to overturn his 1992 conviction for the death of his five-week-old son, Gaurov, as a result of doubts that have surfaced concerning medical testimony used against him.
In a court document unsealed Friday, Crown counsel Gillian Roberts said that changes in medical knowledge about infant brain injuries have seriously undermined Mr. Kumar’s conviction.
She said that in view of medical controversy that surrounds the notion of shaken baby syndrome, “no reasonable jury could convict the appellant of any form of homicide in relation to his son, Gaurov.”
At a court hearing to be held in the coming weeks, the Crown will formally ask that Mr. Kumar be acquitted of criminal negligence causing death.
After the contents of the Crown submission were unsealed, Mr. Kumar was ecstatic that his ordeal is near an end. “I’m feeling great,” he said in an interview. “I can’t explain how happy I am. I have suffered so much. I thought I would die with this criminal record, but now I know that it’s clear.”
Mr. Kumar said that his family and friends always believed in his innocence, but some members of his community were less convinced. “They think that when you get blamed for this kind of crime, everybody points at you as if you need to be punished,” he said.
The Kumar case was among 20 cases Mr. Justice Stephen Goudge scrutinized at an inquiry into errors and botched autopsies conducted by Charles Smith during his two decades as Ontario’s top forensic pathologist.
James Lockyer and Alison Craig, lawyers for the Association in Defence of the Wrongly Convicted, received permission last year to reopen the case. They maintained that Dr. Smith’s theory – that baby Gaurov was a victim of shaken baby syndrome – was scientifically unsustainable.
Mr. Kumar had emigrated from India just two years prior to the death of his baby. He married, and Gaurov was born shortly afterward.
Just five weeks later, Gaurov screamed in his sleep one night. Mr. Kumar said he rushed over to the child’s crib to find him gasping and bluish. Doctors determined later that night that Gaurov was brain dead. A day later, on March 20, 1992, he was removed from life support.
There was little time for Mr. Kumar and his wife, Veena, to mourn. Based on Dr. Smith’s autopsy conclusions, police quickly homed in on Mr. Kumar as a killer. On June 26, 1992, he was arrested.
The case stood in marked contrast to many other wrongful conviction cases because of the fact that Mr. Kumar had pleaded guilty. He insisted Friday – and in court affidavits – that he believed he had no hope of counteracting damning testimony Dr. Smith was set to deliver for the Crown.
The temptation to plead guilty was enhanced by an extraordinarily lenient sentence offered by the Crown. Mr. Kumar received 90 days in jail for criminal negligence causing death – a far cry from the term of life imprisonment he had faced for second-degree murder.
Ms. Roberts said it will never be known whether Mr. Kumar is genuinely innocent in the death, but his legal culpability is in serious doubt.
“In short, the justice system has worked exactly as it should in this case,” she said in the court document. “It accepted a valid guilty plea in a case based on valid current medical knowledge. It has now acted to respond when the prevailing understanding of that medical knowledge has changed and the appellant has explained his guilty plea.
“This case is not like other Dr. Smith cases where significant mistakes were made,” she added. “To the contrary, the medical evidence on which the case was based in 1992 reflected the prevailing views of the day. In 2010, evidence has evolved so that what was viewed as diagnostic in 1992 is now viewed only as strongly suspicious, and we can no longer say why baby Gaurov died.”
Mr. Kumar and his wife decided against having any more children after Gaurov died because they could not stand the thought of losing another child.
http://m.theglobeandmail.com/news/national/toronto/crown-seeks-to-overturn-mans-conviction-in-his-sons-death/article1861433/?service=mobile

Subdural hematoma as clinical presentation of osteogenesis imperfecta

Authors:

Anja Groninger; Jörg Schaper; Martina Messing-Juenger; Ertan Mayatepek; Thorsten Rosenbaum

Abstract:

Osteogenesis imperfecta is an inherited collagenous disease. The mildest form may present with less severe findings, for example blue sclera, but can also lead to significant handicap such as deafness or multiple bone fractures. We describe an 11-month-old female in whom bilateral chronic subdural hematoma was the leading clinical presentation of osteogenesis imperfecta type I. She was hospitalized due to epileptic seizures caused by these bilateral subdural hematomas without preceding trauma. Osteogenesis imperfecta type I was diagnosed on the basis of clinical and radiologic findings. This case demonstrates that nontraumatic chronic subdural hematoma in patients with osteogenesis imperfecta type I may be caused by impaired bone calcification, vascular fragility, and permanent friction between multiple bone fragments of the skull. Osteogenesis imperfecta type I should be considered as an underlying disease in cases of nontraumatic subdural hematoma. A thorough clinical examination is recommended to exclude subtle characteristics of the disease.

Title:  Pediatric neurology     Volume:  32     ISSN:  0887-8994     ISO Abbreviation:  Pediatr. Neurol.     Publication Date:  2005 Feb
Department of General Pediatrics, Heinrich-Heine-University, Moorenstrasse 5, D-40225 Düsseldorf, Germany
http://medicalmisdiagnosisresearch.wordpress.com/2011/01/12/subdural-hematoma-as-clinical-presentation-of-osteogenesis-imperfecta/

SBS: Massachusetts: Alexis Medina

Jill Harmacinski http://www.eagletribune.com/

LAWRENCE — A 4-month-old boy was suffocated at the hands of his father and not shaken to death as police initially suspected, a prosecutor said at Alexis Medina's murder arraignment yesterday.
Prosecutor Kate MacDougall said while Medina, 23, admitted to shaking his son, Alexis Medina Jr., the cause of death appears to be suffocation when his father "intentionally" shoved the baby's face into a pillow last Tuesday morning. The baby also had 11 healing rib fractures, she said.
The boy was born Sept. 8. He died Wednesday at Tufts Medical Center in Boston after lingering in a "brain dead" state for hours, MacDougall said.
Medina, of 4 Inman St., #19, was held without bail yesterday after his arraignment on murder charges in Lawrence District Court.
He was previously convicted of child abuse and jailed for 18 months for breaking an older daughter's skull when she was 6 months old. In September 2008, Medina was ordered to take anger management and parenting classes, which he attended, and was sentenced to probation through September 2011, according to court testimony and papers.
Medina told police on the morning of Tuesday, Dec. 28, while "Junior" was facedown in his crib, he pushed down on the infant's back to quiet him so he could get more sleep. The baby's mother, Jocelyn DeJesus, had left earlier for work and Medina said he used this tactic in the past to quiet the baby, police said.
Some two to three hours later, Medina's mother, who had arrived at the apartment to baby-sit, found Alex "not breathing" and called her daughter, who dialed 911.
"As soon as she touched the child, she realized something was terribly wrong," MacDougall said.
Medina's actions earlier that morning essentially "left his own mother to discover her dead grandson," MacDougall said.
Medina also admitted to police he "roughhoused and wrestled" with the baby, squeezed him so hard he might have broken the infant's ribs, and had recently yanked on the boy's arm until he heard a snap in his shoulder, MacDougall said.
He told a state police detective "he had once bitten the baby's foot — while playing rough — and, in doing so, had left a mark," according to a report by Trooper Joshua Ulrich.
But Medina's attorney, Raymond Buso of Salem, said the boy couldn't have died of suffocation because rescuers were able to revive him Tuesday morning. The boy was taken to Lawrence General Hospital and then airlifted by helicopter to Tufts Medical Center.
Buso accused the prosecution of using "alternating theories" of shaken baby syndrome, the violent shaking of an infant resulting in irreparable brain damage, and now suffocation to falsely charge his client. He predicted the case would ultimately be dismissed.
"It's medically impossible that he suffocated," Buso said. "The government's timeline is flawed."
While, annually, thousands of children do die from child abuse, there are many other cases of "misdiagnosed child abuse," where loving parents are unfairly blamed for metabolic problems, allergies, drugs and diseases that claim the lives of their children, Buso said.
Medina, he said, has been falsely accused of killing his namesake and already convicted in media blogs that are calling for everything from his hanging to castration.
"How would you feel if your 4-month-old child is dead and you've been falsely accused?" said Buso, commenting on his client's demeanor in an interview outside the courthouse.
"He absolutely denies he did anything to cause any injury," he said. "I believe him."
Also, when interviewed by local and state police detectives about his treatment of his baby, Medina had received a shot of Ativan, a anti-anxiety tranquilizer, which was prescribed by an emergency room doctor due to his client's "grief stricken" state, Buso said.
"At that point, he didn't know if his child was alive or dead," Buso said.
Just last week, the night before the baby was rushed to the hospital, Medina and DeJesus had a "significant argument" and stayed up until 2 a.m. fighting over their "clashing parenting styles," MacDougall said.
In court yesterday, MacDougall also said family members "had become increasingly concerned about how (Medina) behaves towards Alex."
His parents had recently taken the baby for a weeklong "timeout" and returned the baby to Medina and his mother on Christmas Eve — "four days before he was killed," she said.
DeJesus and Medina have another child in common, a 20-month-old daughter named Nayeli, who, in the wake of her brother's death, is now in the custody of the Department of Children and Families, a spokeswoman said yesterday. He reportedly has a total of four children.
Medina is due back in court on Feb. 4 for a probable cause hearing.

SBS: Alexis Medina: Massachusetts

 December 30, 2010 :  John R. Ellement, Globe Staff
A three-month-old boy has died after allegedly being violently handled by the infant’s father – a Lawrence man who was convicted of fracturing his daughter’s skull in 2008.

Alexis Medina booking photo.jpg
Lawrence police: Alexis Medina

Alexis Medina, 23, will be facing charges of murder for shaking the infant boy so hard that the child suffered broken ribs, a broken vertebra, and “other symptoms associated with Shaken Baby Syndrome,’’ according to Essex District Attorney Jonathan Blodgett’s office.
Lawrence police responded to Medina’s apartment on Inman Street Tuesday morning where they found the infant unresponsive. The child was rushed to Lawrence General Hospital and then transferred to Tufts New England Medical Center, where he was pronounced dead on Wednesday, according to Blodgett’s office.
The infant’s father was interviewed by State and Lawrence police at Tufts where the family had gathered, according to the police report. Medina first offered an innocent explanation – he was tossing the child and catching the infant. Police pressed him to explain how the child came to be so severely injured.
“Sometime around midnight, Medina said his son would not sleep so he squeezed him and shook him trying to get him to fall asleep,’’ according to the report. “Medina tells us he was tired and just wanted his son to go to sleep…He has had some problems with his wife, employment and money problems.’’
The child was placed in the crib, became quiet and apparently slept, according to the report. According to police, the child was born on Sept. 9 and was named Alex Medina.
But on Tuesday morning, the child was again too noisy for Medina.
“He told us he placed his son face down in his crib and pushed his on his back until he became quiet and fell asleep,’’ police wrote. “Medina told us that he done that in the past and it usually worked and his son would fall asleep…He told us that he sometimes gets rough with son and may hug him too hard at times.’’
According to police, Medina noticed something was wrong with the boy and asked his stepfather to give him a ride away from the apartment. Moments later, a relative called and said the infant was not breathing.
At that point, Medina returned to Inman Street around 10 a.m., but police and emergency medical personnel had responded and rushed the child to the hospital.
Medina, who gave a videotaped statement to police, also told investigators that he had “served jail time for causing a skull fracture’’ in his daughter when he was living in Methuen.
The children have different mothers, according to prosecutors.
According to prosecutors, Medina was ordered to serve 18 months at the Essex County House of Correction for the assault on his daughter.
According to state records, Medina was arrested by Methuen police in July 18, 2008 and was held on bail until July 30, 3008. He was returned to Essex County sheriff’s department custody on Aug. 15, 2008 as a pre-trial detainee.
Medina remained jailed until he was sentenced to 18 months in the Essex County House of Correction on Sept. 10, 2008 for convictions on assault and battery with a dangerous weapon and causing harm to a child, state records show.
Medina made at least one appearance before the Massachusetts Parole Board and was denied parole, according to the Patrick administration. Medina was released from the Essex county prison on Oct. 17, 2009 after serving the bulk of his sentence, state records show.
Medina was arraigned Wednesday in Lawrence District Court on the new assault and battery charges and was ordered held without bail.
Lawrence Police Chief John Romero said his department – and other police agencies – are not routinely notified that a person convicted of assaulting their child has been released from prison, moved into their community, and has access to children once again.
“If he finished his sentence, and then has another child, we wouldn’t even know that...It wouldn’t have been anything that trigger a notification to us,’’ Romero said in a telephone interview today.
He added, “one has to wonder why there wasn’t anything preventing this individual from being near children given his history…That’s a question better posed’’ to the Department of Children and Families.
Romero said police initially thought the child had died from natural causes, but after learning about Medina’s violent past, and hearing from doctors about the boy’s injuries, police shifted their attention to the boy’s father.
“It was evident there was sufficient evidence to charge him,’’ Romero said. "It;s just a tragic story, a terrible story.''
http://www.boston.com/news/local/breaking_news/2010/12/lawrence_man_wh.html?rss_id=Top+Stories

Monday, 10 January 2011

Biomechanical fragility of the infant skull

Following previous experiments on postmortem skull fractures of infants, falls from 82-cm heights onto stone (A), carpet (B) and foam-backed linoleum (C), 35 further falling tests were carried out onto softly cushioned ground. In 10 cases a 2-cm thick foam rubber mat (D) was chosen and in 25 further cases a double-folded (8-cm-thick) camel hair blanket (E). Hence the results of altogether 50 tests could be evaluated. In test groups A-C on a relatively hard surface, skull fractures of the parietale were observed in every case; in test group D this fracture was seen in one case and in test group E in four cases. Measurements along the fracture fissures showed bone thickness of 0.1-0.4 mm. The fracture injuries originated in paper-thin single-layer bone areas without diploe, which can also be considered the preferred regions for skull fractures of older infants following falls from low heights. These results indicate that it is no longer possible to assume that the skull of infants is not damaged after falls from table height.
http://www.biomedsearch.com/nih/Biomechanical-fragility-infant-skull/4002885.html

Wednesday, 5 January 2011

SBS: Florida: Jeffrey Spohn

By Molly Moorhead, Times Staff Writer  December 24, 2010

DADE CITY — After sitting in jail for more than two years accused of killing his young daughter, Jeffrey Spohn is home in time for Christmas.
Spohn, 35, had been held without bail on a first-degree murder charge stemming from the death of his daughter, Ryanne, in March 2007. He still must face trial on the charge, but Wednesday, Circuit Judge Pat Siracusa granted him a $50,000 bail after hearing that several doctors believe Ryanne's death could have been an accident.
Spohn was released from jail late Wednesday.
Spohn and his wife, Heather, adopted Ryanne, 18 months, and her sister Macie, who was 2, in November of 2006 from Kazakhstan. The parents underwent rigorous background checks before being allowed to adopt the girls, both of whom had health problems, including fainting spells and neurological problems that weren't fully diagnosed, Spohn's former attorney said.
The family lived in Seven Oaks in Wesley Chapel. On March 2, 2007, Jeff Spohn was home alone with the girls when Ryanne was rushed to the hospital unconscious. Spohn told investigators she had climbed up a baby gate and fallen backward off of it.
She had bleeding on the brain and died at University Community Hospital in Tampa after brain surgery. Macie was placed in the care of relatives, and the parents were allowed to have supervised visits with her. They moved to Ocala, where Jeff Spohn grew up, to be near her.
Eighteen months passed before a grand jury indicted Spohn for murder in November of 2008. A medical examiner, who first concluded Ryanne died of shaken baby syndrome, ultimately determined she died of blunt trauma to her head as a result of homicide.
Another doctor said the force needed to inflict the injuries she suffered was not consistent with her father's account that she fell.
But in asking for bail, Spohn's new attorney, Assistant Public Defender Tom Hanlon, presented starkly different opinions from other doctors and experts.
The neurosurgeon who operated on Ryanne said "even falling on carpeted floor could have caused injury."
Dr. William DeWeese, according to a police report, "stated with certainty and conviction the injuries were consistent with the explanation of the father."
Hanlon said Macie Spohn had been diagnosed with hepatitis C, which she contracted from her birth mother. Ryanne was too young to be tested, but DeWeese believed that condition made it impossible to stop her bleeding.
The radiologist who treated Ryanne noted that "the age of the blood is consistent with a single event." In most abuse cases, the doctor said, children have several bumps and injuries at different stages of healing.
Another pathologist who examined Ryanne's body at the family's request agreed that she died of head trauma but said it was caused by an accident, not homicide.
A psychologist who interviewed Jeff Spohn, who has no prior arrests, said he did not fit the profile of a child abuser.
None of that evidence was presented to the grand jury that indicted him or to a different judge who originally ordered Spohn be held without bail.
Judge Siracusa had first started the bail hearing in April, but it was continued until this week. At the first hearing, numerous friends and family testified that Spohn is a reliable and moral person. He served more than four years in the U.S. Navy before receiving an honorable discharge. At the time of Ryanne's death, he was working for Citi Financial in Tampa and was a youth sports coordinator for a local church.
"The family ties are strong. In four years of doing this, more people have shown up to support Mr. Spohn … than any other defendant," Siracusa said.
In setting the bail, he said, "the weight of the evidence against the defendant has shifted."
Spohn could not be reached Thursday.
Siracusa imposed several conditions as part of Spohn's release. He can't drink any alcohol. He cannot leave Florida. He had to surrender his passport.
He is not allowed to be around any children younger than 15 without supervision. And as for his older daughter, Macie, he's not allowed to see or contact her at all.
Molly Moorhead can be reached at moorhead@sptimes.com or (727) 869-6245.

http://www.tampabay.com/news/courts/criminal/with-new-evidence-pasco-judge-releases-man-awaiting-trial-in-daughters/1141680

SBS: Tennessee: Steven Grayson

By Nick Kenney
MEMPHIS, TN (WMC-TV) -
A Memphis father is charges after police said he shook his three-month-old baby so severely he had to be rushed to LeBonheur Children's Hospital.
Steven Grayson was arrested and charged with one count of aggravated child abuse after he was accused of repeatedly shaking his son.
On December 18, police were called to LeBonheur after being alerted about a possible child abuse case after the three-month-old was diagnosed with a skull fracture and bleeding on his brain.
Police said the baby had been at home inside an apartment complex off of Mill Branch near Shelby Drive.
The three-month-old was initially taken to nearby Methodist South Hospital.  Once there, paramedics rushed him to LeBonheur in critical condition.
On December 23, investigators interviewed Grayson.  According to the affidavit of complaint, he "admitted that he has shaken the three-month-old victim real hard every day since the day after Thanksgiving."
The baby was physically shaken for 22 straight days before finally being taken to the hospital.
Grayson was being held at 201 Poplar on a $100,000 bond.
Grayson has no criminal history or arrest record.  Investigators did not identify his son, so his latest condition is unknown.  According to court records, the baby is alive.

SBS: CONNECTICUTT: Lus Colon

Wednesday, December 29, 2010
Luis Colon
WATERBURY -- Five-month-old Jayden Cruz was still listed in critical condition Tuesday, one night after he was airlifted to a Hartford hospital for treatment of injuries police police say he suffered when he was violently shaken by a 21-year-old man who lived with his mother.

Luis Colon, the man who police say assaulted the baby, told a detective he had rocked the baby "hard" when he was a newborn and didn't know how he should hold a baby because he didn't have children of his own.

Colon's statement was included in an arrest warrant released Tuesday after Colon was arraigned on first-degree assault and risk of injury charges in Waterbury Superior Court. Judge Richard Damiani kept Colon's bond at $500,000, citing the brain injury to the child.

Jayden was taken to Waterbury Hospital on Sunday for treatment of seizures after someone in his mother's Berkeley Avenue basement apartment called 911. Doctors at the hospital suspected the boy was the victim of shaken-baby syndrome.
http://www.rep-am.com/articles/2010/12/29/news/local/529817.txt

Massachusetts: Alexis Medina: Dad charged with hurting baby

December 30, 2010

LAWRENCE — A father previously jailed for breaking his daughter's skull is now charged with shaking his 3-month-old son and critically injurying the infant.
Alexis Medina, 23, of 4 Inman St., apt. 19, was arrested Tuesday night and charged with assault and battery on a child causing serious bodily injury.
His son had difficulty breathing and was later diagnosed by emergency room doctors as having "broken ribs, a broken vertebrae and other symptoms associated with shaken baby syndrome," Prosecutor Jennifer Kunsch said in court yesterday.
In 2008, Medina was sentenced to 18 months in jail for causing his daughter's skull fracture, according to court and police records.
Medina told police that in an effort to quiet the baby Tuesday morning, "he placed his son face down in his crib and pushed on his back until he became quiet and fell asleep." "Medina told us he had done that in the past and it has usually worked and his son would fall asleep," wrote Detective Paul MacMillan in a police report.
He told police he regularly played "rough" with his son and "may hug him too hard at times," according to the report.
Yesterday morning, as he stood in the prisoner's dock in the courtroom at Lawrence District Court, Medina's defense attorney, Steven Van Dyke of the Committee for Public Council Services, attempted to shield him from public view and a news photographer's camera.
Van Dyke had asked Judge Kevin Gaffney to allow Medina to stand behind a courtroom door and just listen to the arraignment proceedings yesterday morning. Gaffney rebuffed his request, however.
Gaffney ordered Medina held without bail until Jan. 7 for a probable cause hearing.
Police and paramedics went to Medina's Inman Street apartment at 10:15 a.m. Tuesday after receiving a report of an "infant not breathing."
Paramedics immediately started CPR while detectives were called to the scene to investigate, police said.
The baby was taken to Lawrence General Hospital and later to Tufts Medical Center in Boston. At 5:30 Tuesday night, Tufts personnel notified Lawrence police that the "infant was in critical condition," MacMillan wrote in his report.
MacMillan, along with Detective Brian Voisine and state troopers assigned to District Attorney Jonathan Blodgett's office, went to Tufts to interview Medina.
He said that around midnight the night before "his son would not sleep so he had squeezed him and shook him, trying to get him to fall asleep." Medina told police "he was tired and just wanted his son to sleep," MacMillan wrote in his report.
In the morning, when his son cried again, Medina said he did what he'd done before; put the infant face down in the crib and pushed on his back until he stopped crying.
Medina also told police he has problems with his wife, employment and money troubles.
After speaking with doctors, police arrested Medina and brought him back to the Lawrence police department Tuesday night for booking.
Attempts to reach the baby's mother were unsuccessful yesterday.

Indiana: April Killion: Mother pleads not guilty after baby's death

27 Dec 2010, Dan Klein
WASHINGTON, Ind. (WTHI) - April Killion pled not guilty Monday morning to felony charges after her two and a half month old baby dies in her care.
Washington police detectives said April Killion, 25, laid down with "Baby J", her two and a half month old infant, inside her home May 2nd. Investigators believe the infant slid off Killion's chest and suffocated against the back of the love seat. Assistant Police Chief Mike Healy said Killion tested positive for meth, marijuana and Xanax in a drug screen at the time of Baby J's death.
"It's just a tough case for us to work," said Healy. "It's hard for us because we have to deal with it too. And not only does it affect her and the baby but it affects a lot of people, other family members that it affects also. So it's hard on all of them, it's hard on the whole family."
April's mother Anna Killion told News 10 she does not think her daughter is guilty. Neighbor Pamela Cook agrees that April is a devoted mother and wouldn't have slept knowingly with a baby on her chest.
"April is not guilty," said Cook. "She's had a hard life but she would not harm a hair on her children's head."
In the incident report, April later told police she laid Baby J on his back on the couch, while she took a nap on the love seat. She said she did not have a prescription to Xanax but admitted to taking two pills several hours before the incident.
Witnesses told police April was sleeping so soundly they could not wake her by yelling or shaking her.
Baby J's autopsy lists co-sleeping with the mother as a significant factor in the cause of death. The official cause of death is listed as Sudden Unexpected Death in Infancy.
"It's not a crime to sleep with a baby," said Healy "But the whole part...with the drugs, that's what makes it neglect."
Killion faces felony charges of neglect of a dependent resulting in death and reckless homicide. Even so, her family and friends continue their support.
"I would just say have mercy," said Cook. "See if for what it is, see it for what it is."
Six years ago, April Killion had another infant die. The baby was less than one month old. The cause of death was Sudden Infant Death Syndrome or S.I.D.S.
News 10 also spoke with Baby J's father, Brian Belcher. Belcher said it was a rought deal but declined further comment without talking with his lawyer.