SIDS: Texas: indictment after second death

June 27, 2011 : JESSICA COOLEY

Vanessa Clark

Mark Clark

A Lufkin couple has been indicted on a charge of child endangerment after their second infant in two years died while sleeping in their bed against Child Protective Services instruction.
Mark and Vanessa Clark, both 32, were formally charged by a grand jury last Thursday in their infant boy’s July 9, 2010, death, according to District Attorney Clyde Herrington. As for the grand jury’s decision to indict the couple, Herrington called it is a peculiar case as the couple lost another baby in a similar sleeping incident 14 months earlier.
“There was a previous investigation with another child by Child Protective Services. The first infant’s death was ruled (Sudden Infant Death Syndrome),” Herrington said. “In the (new) case, the child was about 3 or 4 months old and sleeping in the bed with the parents. They woke up and found him not breathing.”
Following the first infant’s death, the couple was given a course by Child Protective Services in safe sleeping practices, according to CPS spokeswoman Shari Pulliam. That information strictly states sleeping with an infant puts the child at risk for suffocation, Pulliam said.
Herrington went on to say that the infant’s death is neither a negligent homicide nor a murder, but the grand jury felt the parents put the child in danger by sleeping with him.
“We presented the facts to grand jury and they felt the parents put the child in danger,” he said. “It’s a really tragic case.”
The Clarks are out of the Angelina County Jail on $5,000 bonds, according to court records.
Endangering a child is a state jail felony carrying a sentence of up to two years. State jail sentences are served day for day.
According to information on the Texas Department of Family Protective Services website, almost 400 Texas babies die in their sleep each year either suddenly and without a clear explanation or due to accidental suffocation or strangulation.
http://lufkindailynews.com/news/local/article_aea87510-a0e6-11e0-b30c-001cc4c002e0.html

SBS: Texas: Child abuse not always visible

May 11, 2011 kellie.bramlet@lubbockonline.com | leesha.faulkner@lubbockonline.com |

Many of the children in the South Plains who have been abused carry no easily visible scars or bruises.
In 2010, Covenant Health System esti-mates doctors saw roughly 25 confirmed cases of child abuse.
Most of those were shaken baby syndrome, said Amy Campbell, Covenant Pediatric Trauma surgeon. Shaking a baby can cause severe head trauma, resulting in brain damage or even death.
University Medical Center experienced similar numbers in 2009, said Eric Finley, media relations coordi-nator. However, that’s not what Child Protective Services sees.
A majority of cases reported — roughly 60 percent — are in-stances of neglect. “Most neglect cases don’t wind up in hospitals,” said Paul Zimmerman, a CPS public information officer.
But the effects of neglect can be just as devastating. “It tends to be cyclic,” Zimmerman said. “The question is how do you stop the cycle.” Hospitals and other organizations address abuse like shaken baby syndrome by passing out pamphlets and videos that provide parents with ways to cope with their frustration. They use the same techniques to prevent neglect. But the issue can be complicated be-cause there are different types of neglect, including emotional, physical, medical and supervisional.
Organizations prevent neglect not by telling new parents what not to do, but by instead focusing on what a good parents does do. Renee Morales, executive director of Teen Parents of Lubbock, said she strives to prevent neglect by bringing young parents together with positive mentors.
The teens listen to speakers like a pe-diatrician who discuss signs their baby may be sick, which could prevent medi-cal neglect. Morales also is always on hand to answer questions about diaper rash or how to properly clean a bottle. She explained that many parents, particularly the younger ones, don’t intend to neglect their children.“Sometimes they just don’t know,” Morales said.
http://lubbockonline.com/local-news/2011-05-11/child-abuse-not-always-visible

AHT: Texas: multiple injuries, no charge (as yet)

 31 Mar 2011, Lari Barager

BEDFORD, Texas - A Bedford baby that died earlier this year had a traumatic brain injury and almost all of his ribs were broken, according to documents.

Police said 3-month-old Romeo Wright was found unresponsive at his home in the 2400 block of Harwood Road in January. He was taken to the hospital and died a few days later.
A Child Protective Service affidavit released on Wednesday states at the time of his death Wright had a fractured skull, bruises on his body and almost all of his ribs were broken and in various stages of healing.
He had a traumatic brain injury and all the signs of shaken baby syndrome, according to the affidavit.
The Tarrant County medical examiner ruled his death a homicide.
Lt. Kirk Roberts said the baby's parents are suspects in the case, but there have been no arrests yet because they are not cooperating with the investigation.
Their only explanation for his injuries was that his 1-year-old brother had accidentally dropped a baby bottle on him, according to the affidavit.
CPS has removed Wright’s sibling from the home.
http://www.myfoxdfw.com/dpp/news/033111-report%3A-all-of-baby%E2%80%99s-ribs-broken-before-death

SIDS: Pennsylvania: Tia Welles

March 29, 2011 :  DANIELLE CAMILLI

Tia Welles, 24, pleaded guilty to aggravated manslaughter in the Sept. 11, 2009, death of 21-month-old

MOUNT HOLLY - A Willingboro mother admitted Monday that she beat her toddler son to death in 2009.

Tia Welles, 24, pleaded guilty to aggravated manslaughter in the Sept. 11, 2009, death of 21-month-old Collins Bulluck Jr., Burlington County Prosecutor Robert D. Bernardi said.
Superior Court Judge Jeanne T. Covert is expected to sentence Welles to 20 years in state prison May 13 in accordance with the woman's plea agreement with the Burlington County Prosecutor's Office.
Welles, who had a long history with child protective services before her son's death, initially was charged with first-degree murder and endangering the welfare of a child. She remains in custody at the Burlington County Minimum Security Facility in Pemberton Township.
Emergency workers responded to a report of an unresponsive child at Welles' residence on Ridgeview Place on Sept. 10, 2009, authorities said. Collins was taken to Lourdes Medical Center of Burlington County in Willingboro and transferred to Cooper University Hospital in Camden, where he was pronounced dead the next day.
An autopsy performed by Dr. Ian Hood, the county medical examiner, determined the child had been beaten to death.
At the time of her 2009 arrest, Welles had five other children between 4 months and 6 years old. She had another child who died of sudden infant death syndrome, according to records provided to the Burlington County Times by the New Jersey Division of Youth and Family Services.
In court, Assistant Prosecutor Lawrence Nelsen said Welles had a significant family history of involvement with DYFS that included about 1,000 pages of records. The Burlington County Times learned last year that the history included an allegation of abuse only five weeks before Collins' death.
The agency investigated, but the boy remained with his mother, according to records.
Collins previously was removed from his mother's care when he was a newborn for medical neglect, according to DYFS records. He was returned to Welles after spending nine months in foster care, during which she completed DYFS-ordered services.
Less than a year later, the boy was dead.
DYFS received an allegation Aug. 1, 2009, just six weeks before the death, that Collins and two siblings "had injuries that could be consistent with abuse."
The agency determined the report was "unfounded," according to state records. A spokeswoman said that DYFS could not provide details of the allegation, but that the agency did investigate.
The children remained with their mother while DYFS left the case open and continued to monitor the family, according to records.
Also, the report generated after Collins' death outlined a history of abuse and neglect allegations that date from 2003, about the time his oldest sibling was born.
Nine allegations were considered "unfounded" from 2003 to January 2008. But DYFS has had an open case on Welles and her children since November 2005, according to the report.
DYFS substantiated only two allegations against Welles. The first was when Collins was a newborn and the second was when he died from multiple injuries.
The last contact a caseworker from DYFS' Camden North office had with the toddler was Aug. 20, 2009, about three weeks before his death, according to the report.
http://www.phillyburbs.com/news/local/burlington_county_times_news/mother-admits-beating-son-to-death/article_0c5122c2-c5d7-5f38-a546-25e6518db061.html

SBS: 'Shaken baby syndrome' prosecution requirements tightened

7 January 2011

Prosecutors have been ordered not to use the term 'shaken baby syndrome' because of its "emotive connotations".
Publishing fresh guidelines following the recent Court of Appeal challenges, the Crown Prosecution Service (CPS) has recommended the term ‘non-accidental head injury’ (NAHI) should replace the shorthand reference to cases involving the death of a child due to internal bleeding.
“The use of the term ‘shaken baby syndrome’ should now be avoided as it can be considered to have emotive connotations, and, more importantly, does not adequately describe the range of causes of head injuries,” said the CPS statement.

The guidelines tighten the evidence required to launch manslaughter, attempted murder or assault charges after medical experts demonstrated the common three-part diagnosis did not offer definitive evidence of assault.
In addition to the ‘triad’ diagnosis of internal bleeding in the eyes and brain, plus damage to the brain, the CPS says other “supporting evidence” will be now be required.
CPS policy adviser Karen Squibb-Williams said: “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.”
http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=17555&c=1&eclipse_action=getsession

SBS: Shaken baby syndrome guidance issued by CPS

6 January 2011

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."

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.

http://www.independent.co.uk/news/uk/home-news/new-guidelines-issued-on-shaken-baby-syndrome-2177827.html

SBS: Texas: Parents Charged with Injuring Baby Girl

07 Sep 2010,
JOHN PERERAWeb Producer
Mom's second run-in with CPS
HOUSTON - A 7-month-old girl had numerous fractures to the skull and ribs and retinal hemorrhaging to her eyes.
Her parents wondered why she was lethargic and not eating.
Child Protective Services wondered how her parents could do such a thing.
Dominique Lawrence, 18, and Daylan Johnson, 26, are charged with injury to a child.
Doctors at Texas Children’s Hospital recognized the infant’s injuries as being consistent with Shaken Baby Syndrome, a Child Protective Services spokeswoman said.
The pair was charged following the visit to the hospital on Sept. 1.
Lawrence and Johnson claim they have no idea how their child could have gotten these injuries.
CPS took custody of the child on Sept. 2. She is in the hospital and listed in stable condition.
This isn’t Lawrence’s first run in with CPS, the spokeswoman said.
In November 2008, CPS took one of her other children into custody. Parental rights have been terminated and the child is now living with relatives.
A custody hearing for the 7-month-old is scheduled for Sept. 15. Both Lawrence and Johnson are due in court on Oct. 12.
http://www.myfoxhouston.com/dpp/news/local/100907-parents-charged-with-injuring-baby-girl