Baby sitter's murder trial is delayed at least week
Both sides cite need for more time to ready witnesses' testimony
By Ed Meyer
Beacon Journal staff writer
Published on Tuesday, Apr 12, 2011
The Summit County trial of a 20-year-old baby sitter charged with murder in the death of a toddler has been delayed for at least one week and possibly much longer.
Tiffani D. Calise was scheduled to go to trial Monday morning before Common Pleas Judge Alison McCarty.
The delay was caused by issues with both sides' expert witnesses, who are expected to provide conflicting testimony about the forensic analysis of the child's head injuries.
Lawyers for the prosecution and defense told McCarty they needed more time to prepare their positions on the matter, and the judge agreed.
''I don't want anybody to have to try this case with one hand tied behind their back,'' McCarty said.
If the issues cannot be resolved by next Monday, when another hearing is scheduled, McCarty said the trial could be pushed back to June 6.
In other developments in the case, Summit County Assistant Prosecutor Gregory Peacock told the judge that the state has been prepared to settle the case with a plea to involuntary manslaughter and one count of child endangering.
Discussions on the potential plea arose in previous court hearings, Peacock said, but Calise turned down the offer.
It would have given McCarty discretion to impose a sentence of no time in prison, up to a maximum of 10 years, Peacock said.
McCarty questioned Calise about the offer at the conclusion of Monday's hearing, asking the defendant if she still wished to decline the state's offer.
''Yes, ma'am,'' Calise replied.
Calise was caring for her own daughter and a 23-month-old toddler, Aaliyah Ali, when Aaliyah suffered a head injury on the night of Aug. 9 at Calise's Mayfair Road apartment in Green.
After giving Aaliyah a bath,
Calise told authorities and family members she momentarily left the child alone in a nearly empty tub to retrieve a towel.
While she was away, Calise said she heard a thud and returned to find Aaliyah unconscious. The child was taken to Akron Children's Hospital and died two days later.
Calise, who has been held at the county jail since her Aug. 11 arrest, was charged with murder, involuntary manslaughter and two counts of felony child endangering.
Deputy Summit County Medical Examiner Dorothy E. Dean, who performed the autopsy, ruled the death a homicide from ''complications of blunt impact(s) to the head.''
The defense is expected to challenge those findings with an expert in neurosurgery who has filed a detailed report with the court stating Aaliyah died of prolonged oxygen deprivation in the brain from an obstruction in her airway.
The obstruction was believed to be a breadlike substance that emergency room doctors had to remove before they were able to insert a breathing tube, the report said.
If not for that, Aaliyah could have recovered from the head injury, the defense expert said.
On Friday, however, prosecutors expanded on the reports from their experts — Dean and Dr. R. Daryl Steiner of Children's Hospital — with additional details on the possibility of shaken baby syndrome.
Defense co-counsel William Whitaker told the judge in Monday's hearing that it was the first time he became aware of such an issue.
McCarty then granted the trial continuance to give both sides more time to prepare their positions.
Steiner is the longtime director of the Children's Hospital child abuse center.
If Calise goes to trial and is convicted of the murder charge, she could be sentenced to life in prison.
However, according to the indictment, prosecutors would have to prove Calise caused Aaliyah's death as a proximate result of a violent offense in connection with felony child endangering.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
Both sides cite need for more time to ready witnesses' testimony
By Ed Meyer
Beacon Journal staff writer
Published on Tuesday, Apr 12, 2011
The Summit County trial of a 20-year-old baby sitter charged with murder in the death of a toddler has been delayed for at least one week and possibly much longer.
Tiffani D. Calise was scheduled to go to trial Monday morning before Common Pleas Judge Alison McCarty.
The delay was caused by issues with both sides' expert witnesses, who are expected to provide conflicting testimony about the forensic analysis of the child's head injuries.
Lawyers for the prosecution and defense told McCarty they needed more time to prepare their positions on the matter, and the judge agreed.
''I don't want anybody to have to try this case with one hand tied behind their back,'' McCarty said.
If the issues cannot be resolved by next Monday, when another hearing is scheduled, McCarty said the trial could be pushed back to June 6.
In other developments in the case, Summit County Assistant Prosecutor Gregory Peacock told the judge that the state has been prepared to settle the case with a plea to involuntary manslaughter and one count of child endangering.
Discussions on the potential plea arose in previous court hearings, Peacock said, but Calise turned down the offer.
It would have given McCarty discretion to impose a sentence of no time in prison, up to a maximum of 10 years, Peacock said.
McCarty questioned Calise about the offer at the conclusion of Monday's hearing, asking the defendant if she still wished to decline the state's offer.
''Yes, ma'am,'' Calise replied.
Calise was caring for her own daughter and a 23-month-old toddler, Aaliyah Ali, when Aaliyah suffered a head injury on the night of Aug. 9 at Calise's Mayfair Road apartment in Green.
After giving Aaliyah a bath,
Calise told authorities and family members she momentarily left the child alone in a nearly empty tub to retrieve a towel.
While she was away, Calise said she heard a thud and returned to find Aaliyah unconscious. The child was taken to Akron Children's Hospital and died two days later.
Calise, who has been held at the county jail since her Aug. 11 arrest, was charged with murder, involuntary manslaughter and two counts of felony child endangering.
Deputy Summit County Medical Examiner Dorothy E. Dean, who performed the autopsy, ruled the death a homicide from ''complications of blunt impact(s) to the head.''
The defense is expected to challenge those findings with an expert in neurosurgery who has filed a detailed report with the court stating Aaliyah died of prolonged oxygen deprivation in the brain from an obstruction in her airway.
The obstruction was believed to be a breadlike substance that emergency room doctors had to remove before they were able to insert a breathing tube, the report said.
If not for that, Aaliyah could have recovered from the head injury, the defense expert said.
On Friday, however, prosecutors expanded on the reports from their experts — Dean and Dr. R. Daryl Steiner of Children's Hospital — with additional details on the possibility of shaken baby syndrome.
Defense co-counsel William Whitaker told the judge in Monday's hearing that it was the first time he became aware of such an issue.
McCarty then granted the trial continuance to give both sides more time to prepare their positions.
Steiner is the longtime director of the Children's Hospital child abuse center.
If Calise goes to trial and is convicted of the murder charge, she could be sentenced to life in prison.
However, according to the indictment, prosecutors would have to prove Calise caused Aaliyah's death as a proximate result of a violent offense in connection with felony child endangering.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
The Summit County trial of a 20-year-old baby sitter charged with murder in the death of a toddler has been delayed for at least one week and possibly much longer.
Tiffani D. Calise was scheduled to go to trial Monday morning before Common Pleas Judge Alison McCarty.
The delay was caused by issues with both sides' expert witnesses, who are expected to provide conflicting testimony about the forensic analysis of the child's head injuries.
Lawyers for the prosecution and defense told McCarty they needed more time to prepare their positions on the matter, and the judge agreed.
''I don't want anybody to have to try this case with one hand tied behind their back,'' McCarty said.
If the issues cannot be resolved by next Monday, when another hearing is scheduled, McCarty said the trial could be pushed back to June 6.
In other developments in the case, Summit County Assistant Prosecutor Gregory Peacock told the judge that the state has been prepared to settle the case with a plea to involuntary manslaughter and one count of child endangering.
Discussions on the potential plea arose in previous court hearings, Peacock said, but Calise turned down the offer.
It would have given McCarty discretion to impose a sentence of no time in prison, up to a maximum of 10 years, Peacock said.
McCarty questioned Calise about the offer at the conclusion of Monday's hearing, asking the defendant if she still wished to decline the state's offer.
''Yes, ma'am,'' Calise replied.
Calise was caring for her own daughter and a 23-month-old toddler, Aaliyah Ali, when Aaliyah suffered a head injury on the night of Aug. 9 at Calise's Mayfair Road apartment in Green.
After giving Aaliyah a bath,
Calise told authorities and family members she momentarily left the child alone in a nearly empty tub to retrieve a towel.
Calise told authorities and family members she momentarily left the child alone in a nearly empty tub to retrieve a towel.
While she was away, Calise said she heard a thud and returned to find Aaliyah unconscious. The child was taken to Akron Children's Hospital and died two days later.
Calise, who has been held at the county jail since her Aug. 11 arrest, was charged with murder, involuntary manslaughter and two counts of felony child endangering.
Deputy Summit County Medical Examiner Dorothy E. Dean, who performed the autopsy, ruled the death a homicide from ''complications of blunt impact(s) to the head.''
The defense is expected to challenge those findings with an expert in neurosurgery who has filed a detailed report with the court stating Aaliyah died of prolonged oxygen deprivation in the brain from an obstruction in her airway.
The obstruction was believed to be a breadlike substance that emergency room doctors had to remove before they were able to insert a breathing tube, the report said.
If not for that, Aaliyah could have recovered from the head injury, the defense expert said.
On Friday, however, prosecutors expanded on the reports from their experts — Dean and Dr. R. Daryl Steiner of Children's Hospital — with additional details on the possibility of shaken baby syndrome.
Defense co-counsel William Whitaker told the judge in Monday's hearing that it was the first time he became aware of such an issue.
McCarty then granted the trial continuance to give both sides more time to prepare their positions.
Steiner is the longtime director of the Children's Hospital child abuse center.
If Calise goes to trial and is convicted of the murder charge, she could be sentenced to life in prison.
However, according to the indictment, prosecutors would have to prove Calise caused Aaliyah's death as a proximate result of a violent offense in connection with felony child endangering.
No comments:
Post a Comment