SBS: Pennsylvania: Kristopher Trescoe hearing

 October 20, 2011

GREENSBURG -- A father accused of shaking his baby was in court on Thursday, where a doctor talked about the boy’s injuries.

Kristopher Trescoe and his wife came to his preliminary hearing together. Police said Trescoe was home alone with his five-month-old twins when his son became unresponsive.

Thursday was the first time the courtroom heard from the doctor who examined the baby. The doctor, from Children's Hospital, read a report she wrote that was several pages long.

The report said the baby needed "aggressive life support" and had several "seizures."

The report also said the baby "was born a healthy child" and the injuries are a result of "shaken baby syndrome."

Trescoe's attorneys disagreed with those findings.

"A lot of medical testing still needs to occur. We're still waiting for that, and Scott and I are both very confident, as well as Richie's mother and father, when all the medical records are compiled and given to us, it's going to be a very different case than the commonwealth presented this morning," said attorney William Brandstetter.

The attorney said the child could suffer from an illness, and that would explain the child's condition. He said the baby is now at home recovering.

http://www.wpxi.com/news/29544261/detail.html

SBS: Pennsylvania: Milo Bodnar trial

July 12, 2011 : Laurie Mason Schroeder

The lawyer for a Middletown dad accused of shaking his 3-month-old son so hard that the baby suffered a brain injury says the charges are based on “one big spiraling mistake.”
Attorney Matthew Wilkov told a Bucks County jury in Doylestown on Monday that Milo Bodnar, 46, was wrongfully accused of child abuse because doctors made assumptions about the child’s medical history.
He said he’ll prove Bodnar’s innocence this week with the help of several high-profile experts, including a neurosurgeon from Georgetown University.
“Doctors make mistakes,” Wilkov said. “In this case, assumptions were made.”
Prosecutors disagree. Deputy District Attorney David Zellis told the jury that the child’s injuries were consistent with shaken baby syndrome. He said he’ll put a child-abuse expert from The Children’s Hospital of Philadelphia on the witness stand who will testify that the little boy’s brain was bleeding, and he had blood inside his eyes.
“This was the result of being shaken. We’re talking about violent, vigorous shaking,” Zellis said.
Bodnar was arrested shortly after the May 13, 2010, incident that landed the baby in the hospital. Bodnar was watching the child while his girlfriend was shopping. She called home to check on the boy, Zellis said, and Bodnar said he was sick.
Bodnar then called 911, and the child was rushed first to St. Mary Medical Center, then to CHOP, where he spent more than two weeks in the hospital.
Police say Bodnar changed his story, admitting to doctors that he shook the boy, then telling detectives that he had no idea how the baby was hurt. Wilkov said that his client’s words may have been misconstrued by a physician with a Lithuanian accent.
The little boy has recovered from his injuries. Before the trial began, Bucks County Judge Diane Gibbons ruled that jurors will be permitted to see photos of the boy shortly after the incident, as well as photos depicting how the boy looks today.
Bodnar is free on bail. One of the conditions of his bail is that he can’t have contact with the child.
“This is an innocent man who has not seen his baby in 13 months,” Wilkov said.
Bodnar is charged with aggravated assault, endangering the welfare of children, recklessly endangering another person and simple assault. If convicted, he could spend more than 10 years in prison.
The trial resumes today and is expected to last at least three days.
http://www.phillyburbs.com/news/crime/defense-child-abuse-charges-a-mistake/article_87007746-2c38-5395-a6d6-8433b9c6a884.html

SBS: Pennsylvania: Joseph Everhart (17 years) charged as adult

June 28, 2011Updated: 11:56 am EDT June 28, 2011

BEDFORD, Pa. -- A 17-year-old father has been charged as an adult in the assault of his infant son in Bedford County. Bedford County District Attorney Bill Higgins told WJAC-TV that Joseph Everhart shook his 8-week-old son at a home in Riddlesburg, Pa., on June 9.

The baby was taken to Children's Hospital of UPMC in Pittsburgh following the incident. Higgins said following an examination by a doctor at Children's, it was determined the boy had suffered from acute subdural and subarachnoid hemorrhages as well as significant retinal hemorrhages. Higgins said these findings are indicative of an injury previously called shaken baby syndrome, but is now called abusive head trauma.

Higgins said a state police investigation revealed that Everhart was the only person at home with the child when the injuries are believed to have occurred.

On Tuesday, Bedford County Judge Thomas Ling ruled in Higgins' favor to have the charges against Everhart transferred from juvenile to adult court.

"If this nearly 18-year-old man was adult enough to take on the responsibility of fathering a child and adult enough to make the decision to remove himself from school, the Criminal Justice System should treat him as an adult and, more importantly, he should be punished as an adult," Higgins said.

Everhart was placed in the Bedford County Jail on $50,000 bail. He is facing charges of aggravated assault, simple assault, recklessly endangering another person and endangering the welfare of children.

http://www.wjactv.com/news/28381664/detail.html

SBS: Pennsylvania: Matthew Albert Close pleads guilty

Judy D.J. Ellich : May 9, 2011

 

A 22-year-old Somerset man pleaded guilty Monday to aggravated assault and endangering the welfare of a child for incidents involving his infant son.
The baby sustained life-threatening injuries from two incidents in 2009, according to police.
Matthew Albert Close, of Rebecca Street, pleaded guilty just before a jury was to be selected for his trial. The proceeding was scheduled before Judge D. Gregory Geary.
Close’s plea is what is known as an Alford plea. In this plea, he does not admit to committing the offenses. He does acknowledge that if the jury believes the prosecution’s evidence, he would face a harsher sentence, said his defense attorney, Kenneth Sottile of Carrolltown. Close’s co-counsel, Michael Filia of Johnstown, did not return a telephone call for comment.
“It was an extremely difficult decision,” Sottile said. “There have been ongoing discussions (with the prosecution) for some time.”
On Jan. 14, 2009, state police received a complaint from Somerset County Children and Youth Services that the day before a 1-month-old baby had been taken to Somerset Hospital with unexplained injuries, according to court documents. The infant was transported to Children’s Hospital of Pittsburgh, where staff immediately suspected the infant was suffering from shaken baby syndrome.
The baby sustained injuries that included broken ribs and leg bones, bruises on his chest and abdomen, and internal bleeding, according to testimony at Close’s preliminary hearing on Jan. 28, 2009. He also suffered brain injuries, according to court documents.
“The baby has lifelong debilitating effects from the injuries,” said Assistant District Attorney Mary Schellhammer, who is prosecutor on the case.
“The baby is doing good for what he has to deal with,” she said.
Close admitted to being the lone caregiver of the infant on two separate occasions, Jan. 5, 2009, and Jan. 13, 2009, that were consistent with the times that the injuries would have occurred, police said.
Moreover, Close was reluctant to provide details. At first he blamed his dog for the injuries to his infant son.
Close told a family member that he placed the baby on the edge of a couch to change him, and while he was in another room fetching clean clothes the child fell, according to an affidavit.
Initially, Close faced two counts each of aggravated assault, simple assault, recklessly endangering another person and endangering the welfare of a child.
“He entered the plea without hesitation,” Schellhammer said.
President Judge John M. Cascio directed the probation department to provide a full pre-sentence report. The report would include a summary of Close’s background, including any prior record, letters from the victim’s family and any recommendations. The final sentence, however, is up to the presiding county court judge.
Sentencing is scheduled for Aug. 3.
http://www.dailyamerican.com/news/somerset/da-ot-somerset-man-pleads-guilty-to-abusing-baby-20110509,0,5030955.story

SIDS: Pennsylvania: Coroner: No Sign Of Trauma In 6-Month-Old Girl's Death

April 20 2011

MASONTOWN, Pa. -- The death of a 6-month-old girl in Masontown has been ruled the result of sudden infant death syndrome, but more tests will be conducted, according to the Fayette County coroner.
The coroner told WTAE Channel 4 Action News Wednesday night that an autopsy performed by Dr. Cyril Wecht in Pittsburgh showed no evidence of trauma or foul play.
The girl's mother woke up Wednesday morning and began CPR when she found the child unresponsive in their two-bedroom apartment on Court Avenue, according to a press release from Fayette County District Attorney Jack Heneks Jr.
The mother also woke up her sister, who called 911 at 6:32 a.m., Heneks said.
The child was taken to Uniontown Hospital, where she was pronounced dead at 7:15 a.m., Heneks said.
The child had been sleeping on a mattress with three other children -- all under the age of 4 -- and her aunt, Heneks said.
Her mother had been sleeping on the floor next to the mattress, Heneks said.

http://www.wtae.com/news/27615514/detail.html

SBS: Pennsylvania: Coroners Jury to determine cause of death of Heath Ryder

CHAMBERSBURG, Pa. (WHTM) -

A hearing was held in Franklin County on Thursday to help determine if anyone should be held criminally responsible for the death of a ten-month old baby who died last summer after he was injured at day care.

This was the first time in more than a decade that officials have held a Coroner's Inquest.  The inquest is similar to a court hearing. On Thursday, several witnesses testified in front of a jury.

Franklin County Coroner Jeffrey Conner explained, "The purpose of a coroner's inquest is to assist a District Attorney and assist myself to help determine a physical cause and manner of death."

The hearing was intense and emotional. Heath Ryder died at Penn State Hershey Medical Center just days after he was injured at day care.

His mother, Sherry Ryder testified that on July 29, she got a call she never expected on her way home from work. That morning she dropped her baby boy off at Dottie Bower's Shippensburg home. She had been sending both of her sons to the day care since 2009. That evening when she went to pick up Heath, Ryder testified she found him limp and lifeless.

Bowers never called 911 to get help. Instead, she called Ryder, who rushed to the house. Once Ryder saw her son, she pleaded with Bowers to call for help. In Thursday's hearing, Ryder's 911 call was played. During the call you can hear her trying to give information and revive her baby.

Another witness, a seven-year-old girl who attended the same home day care, testified that she witnessed another child, a 10-year-old girl shaking the baby. She said during the hearing, "I could see her shaking him. She threw him in the crib. I went in and felt his stomach and his nose and nothing was moving." The girl demonstrated what she saw to jurors by violently shaking a baby doll.

Pennsylvania State Police Criminal Investigator Trooper Bopp later testified that the girl's story had changed since he interviewed her. Still, he explained that the baby's injuries were consistent with shaken baby syndrome, and that a panel of doctors agreed during a hearing last November at the attorney general's office that the 10-year-old girl was capable of the act.

The 10-year-old was called in as a witness during Thursday's hearing, but pleaded the Fifth Amendment. A videotaped interview with the child and state police was played during the hearing. She admitted being involved during that interview.

The jury, comprised of six women and two men, will ultimately decide who will be held criminally responsible. They will hear more testimony on Friday morning.

Heath Ryder's organs were donated, saving the lives of three others.

http://www.abc27.com/story/14450444/will-anyone-be-criminally-charged-in-the-death-of-a-10-month-old-baby

SBS: Pennsylvania: Dusty Neal McCauley charged

 February 25, 2011  Josh Krysak

A Waynesburg man accused of injuring a baby in his care in Greene County in December will have his day in court.
Greene County Assistant District Attorney Linda Chambers said Dusty Neal McCauley, 23, was charged in January before Magisterial District Judge Glenn Bates with two counts each of aggravated assault, simple assault, endangering the welfare of children and recklessly endangering another person.

Bates held one count of each charge filed against McCauley for Greene County Court following a preliminary hearing Thursday. The second count of each charge was dismissed.
Chambers said the charges were filed after McCauley allegedly assaulted 11-month-old Miranda Turk at 123 Mountain View Gardens in Franklin Township, Greene County.
According to police, the incident occurred at 6 p.m. Dec. 26 when McCauley requested emergency personnel for a baby that was having trouble breathing.
Police said the girl was taken from the residence to Southwest Regional Medical Center in Waynesburg, where doctors recognized she suffered bilateral subdural hemorrhages. Police said she was then flown by medical helicopter to Children's Hospital in Pittsburgh for medical treatment.
According to Chambers, further evaluation of the baby by doctors in Pittsburgh revealed the child suffered multiple subdural hemorrhages in several regions of the head and extensive retinal hemorrhaging.
Chambers said doctors concluded that the injuries suffered by the child were consistent with abusive head trauma or shaken-baby syndrome.
McCauley remains in the Greene County Prison on $50,000 straight cash bond.
http://www.heraldstandard.com/news/local_news/article_fe5669df-b9c1-5836-8954-edfa1a39a705.html

SIDS: Pennsylvania: Grandmother who killed one-month-old baby by sitting on her gets two years probation

Daily Mail Reporter
 9th February 2011

 Involuntary manslaughter: Elane Springs after she was given two years probation for accidentally smothering her granddaughter

A grandmother who smothered her granddaughter by accidentally sitting on her has been sentenced to two years probation.
Elane Springs, 50, from Pittsburgh, pleaded guilty to involuntary manslaughter and endangering the welfare of children in the death of one-month-old Tyjahe Springs on 17 September, 2008.
Springs had put the baby to bed on the couch at 10.20pm and used a pillow to keep her from falling off.
She then left her there while she did some housework, according to court documents.
When she grew tired from housework, she sat down on the couch for several hours.
At about 3am, she got up to use the bathroom and realised she had been sitting on the baby.

The 50-year-old tried to revive Tyjahe by removing her clothes and patting her with a damp cloth.

Neglect: Elane Springs' attorney Wendy Willams, left, said the baby could have died before the accused sat on her

Realising the baby was dead, she dressed her in a long-sleeve T-shirt and placed her in a car seat on a table. She then stripped the pillow cases from the cushions and washed them before calling her son an hour later and leaving a message.
The message, which asked the son to tell his sister, the baby's mother, that the one-month-old was dead, was not received by her son until three hours later, during which time Springs did not call 911.
The baby's mother arrived four hours after Springs first got up from the couch and called 911 but the baby was already dead.
The medical examiner ruled the cause of Tyjahe's death was asphyxiation due to smothering and said it was an accident.

Neglect: The 50-year-old sat with the dead baby for four hours without calling 911, washing the pillow cases and changing the baby's clothes.

Defence attorney Wendy Williams said: 'Based on what we know about Sudden Infant Death Syndrome, she could have sat down and the child could have already passed and that's why she didn't know.'
Springs was sentenced to two years probation, said Mike Manko, a spokesman for the Allegheny County district attorney's office.
A charge of tampering with evidence was dismissed.
Police said her charges came almost two years after the baby's death because the district attorney's office was investigating
 http://www.dailymail.co.uk/news/article-1355044/Grandmother-killed-month-old-baby-sitting-gets-years-probation.html#ixzz1DlfiqVkd

SIDS: Pennsylvania Experts Back placement is key to preventing SIDS

January 24, 2011

Randy Griffith http://tribune-democrat.com/ The Tribune-Democrat  Jan 24, 2011,

— It is considered the leading cause of death for babies, but the truth is, doctors don’t know the cause.

Sudden infant death syndrome, also called SIDS or crib death, is defined as a death that “cannot be explained after a thorough investigation.”
Instead of a cause, SIDS is a “diagnosis by exclusion.”
Even after a thorough autopsy and review of the scene, no cause can be pinpointed, the National SIDS/Infant Death Resource Center reports.
The unexpected, random nature of SIDS deaths is devastating for parents because it happens despite every precaution, said Dr. Andrew Garbarino of Pediatric Care Specialists, 1322 Eisenhower Blvd., Richland Township.
“Everything would have been normal when they put the baby in its crib,” Garbarino said. “There is no time for the family to prepare.”
There are, however, a few ways to reduce the risk, and a new state law was designed to make sure new parents know the simple steps.
The most important rule is to place babies on their backs.
“Everything we’ve tried to do with monitoring and other measures hasn’t done anything,” Garbarino said. “The only one thing that has been proven to decrease the incidence of SIDS is the positioning of the baby on the back.”
Thirty years ago, the SIDS death rate was between 1.5 and 2 for every 1,000 babies. Since Back to Sleep began in 1994 to promote infant back sleeping and other risk-reduction strategies, that rate has reduced by half, Garbarino said.
Like most hospitals across the nation, all those in the region have provided new parents with SIDS prevention instruction for several years. It is also part of many prenatal classes.
Now Pennsylvania’s Sudden Infant Death Syndrome Education and Prevention Program Act requires all hospitals and home-birth practitioners to give approved instruction. New parents must sign a form showing they understand the information.
“We’ve been educating all along,” Le Ann Kaltenbaugh, education coordinator, said from Windber Medical Center.
“The education is nothing new.”
What is new at Windber is a program to provide each newborn’s parents with a wearable blanket, trademarked the SleepSack, which wraps the baby snugly.
“There are no loose blankets in bed that the baby can be tangled with,” Kaltenbaugh said. “It is very simple. They keep the baby nice and tight. They can’t wiggle out of it.”
Doctors theorize that exhaled carbon dioxide can “pool” under blankets and on the mattress surface, where it is inhaled again by the baby. Doctors believe this can cause death, diagnosed as sudden infant death syndrome, Garbarino said.
It’s important to keep the crib free of stuffed toys or other items that can promote the collection of exhaled gasses, he added.
“No pillows or bumpers – anything that can come against a baby’s face and create pooling – we want to get all that stuff out of the crib now,” Garbarino said.
Despite widespread publicity in recent years, convincing new parents of the importance of back placement can be an uphill battle, Pam Harris, nursery coordinator, said at Memorial Medical Center in Johnstown.
“When we are teaching them, we will get the grandmother in the room saying, ‘I put all my babies on their bellies and they are fine.’ ”
It can be worse for new mothers if the grandparents don’t hear the hospital training, Kaltenbaugh said. It happens the first time Grandma sees her grandchild put to bed face-up.
“It’s a whole new process,” Kaltenbaugh said. “They are going to get from their parents, ‘You can’t do that.’”
In the past, placing babies on their belly or side was thought to reduce the chance of aspirating and choking on vomit, but Kaltenbaugh said research has shown babies naturally turn their heads if they throw up.
Another difficult lesson for new parents to grasp is the danger of letting a newborn sleep in bed with adults. Besides the additional risk of pooling gasses, it is possible for an adult to roll over on a baby without waking up.
“That’s very unwise and there have been bad outcomes,” Tiffany Pugh, nurse manager for obstetrics, said at Memorial.
“The safest for babies is to be in their own crib, rather than in bed with Mom and Dad,” Harris said.
Use of tobacco during pregnancy or around a newborn increases the risk of sudden infant death syndrome, while breast feeding, use of a pacifier and a firm crib mattress can reduce the risk.
But the best way to reduce the risk is putting newborns to sleep on their backs, Garbarino emphasizes, noting it isn’t just while sleeping at home.
One thing parents should do is check their day care centers,” Garbarino said. “A survey of day cares showed very few day care centers were positioning babies on their backs.”
There is one complication from back positioning that parents should watch, Garbarino said. They should alternate which end of the crib where the baby’s head is placed.
“Babies in the crib on the back look out toward the open room,” Garbarino said. If the baby is always put to bed in the same position, it can lead to uneven flattening of the skull and tight neck muscles.
“I tell people to make sure they change the position of the baby in the bed by 180 degrees,” Garbarino said.
Following all the expert advice reduces the risk of crib death, but it does not eliminate all deaths, Kaltenbaugh said.
“It is not something you ever, ever want to happen,” Kaltenbaugh said. “But if it does, you must know you are not responsible. There is nothing you could have done to prevent it.”
http://tribune-democrat.com/local/x530799426/Experts-Back-placement-is-key-to-preventing-SIDS

AHT: Pennsylvania: Ryan Michael Plouse charged

WARREN HOWELER:, January 25, 2011

A Sayre man who is facing charges that he allegedly injured a two-and-a-half month old infant recently waived his formal arraignment in Bradford County Court of Common Pleas, effectively pleading “not guilty” to the charges filed against him.
Ryan Michael Plouse, 21, is facing charges of aggravated assault, simple assault, endangering the welfare of children, recklessly endangering another person and harassment.
Plouse, who is currently out on $50,000 unsecured bail, is being represented by Athens attorney Robert McGuinness.
On Jan. 11, McGuinness filed a “waiver of appearance at arraignment” on behalf of his client. Plouse was slated to appear before Bradford County Judge Maureen T. Beirne for a formal arraignment on Feb. 3.
Plouse’s next court appearance has not yet been scheduled.
Pennsylvania State Police explained that Plouse was charged after he allegedly caused a severe head injury to the female girl “in an abusive injury consisting with shaken baby syndrome.”
The victim also suffered bruising to her face and a broken rib over an approximately two-month period from Nov. 1 to Dec. 23 at a home in Terry Township, police said.
The victim was treated and released at Geisinger Medical Center in Danville, police said.
http://www.morning-times.com/articles/2011/01/25/local_news/doc4d3edbf41aaf0434761092.txt

SBS: Pennsylvania: Lamont Cherry

January 12 2011: Sheena Delazio

WILKES-BARRE – A fall down a steep, unsafe set of steps could have caused lethal injury to 1-year-old Zalayia McCloe, a biomechanical engineer and critical trauma physician testified Tuesday afternoon.

click image to enlarge

Lamont Cherry arrives at the Luzerne County Courthouse on Tuesday morning for the second day of testimony at his homicide trial. Cherry is charged in the May 2009 death of 1-year-old Zalayia McCloe, the daughter of his ex-girlfriend. Cherry is expected to be called to testify in his own defense this afternoon.

John Lenox testified for several hours Tuesday, and was the first witness called to testify for Lamont Cherry, who is standing trial this week on a homicide charge in the May 2009 death of McCloe, his ex-girlfriend’s daughter.
Cherry faces the death penalty if convicted by a Luzerne County jury of first-degree murder.
Testimony presented by defense attorneys will continue this morning, with Cherry being called to testify in his own defense by the afternoon.
Lenox testified that a barbell at the bottom of the steps in the child’s Carlisle Street, Wilkes-Barre, home could have been a likely impact point that could have caused two factures in McCloe’s skull, ultimately leading to her death.
“The stairs are steep and not safe,” Lenox said.
Lenox, a University of Pennsylvania and Stanford University graduate, used Silly Putty, a 2-foot pole, a human figurine and a model of a skull to demonstrate how a fall down a set of steps could have led to the child’s death.
The doctor also used velocity and kinetic energy formulas to calculate the force that would be required in a fall to fracture McCloe’s skull.
Assistant district attorneys Michael Vough and Maureen Collins are trying to prove to a jury of six men and six women that Cherry intentionally caused McCloe’s death by shaking her and striking her head off a hard object.
The attorneys called the last of their witnesses Tuesday morning -- a forensic pathologist who performed a June 1, 2009, autopsy on McCloe and a pediatric critical care physician, who testified about treatment he administered to the infant.
Forensic pathologist Samuel Land testified the child’s injuries were caused by blunt force trauma and her death was ruled a homicide. He said the injuries the 1-year-old suffered could not be caused by an accident, and torn muscles and ligaments in the child’s neck were caused by a whiplash-like injury.
Land said that bruises on the child’s buttocks, as well as her brain injuries, were caused at about the same time.
Several autopsy photos of McCloe were shown to the jury, illustrating injuries the child suffered
Physician Frank Maffei testified for most of the morning that McCloe suffered skull fractures and retinal damage similar to what occurs in shaken baby syndrome.
He said he has never seen injuries such as McCloe’s being caused by a fall and the child’s retinal damage is consistent with being shaken back and forth.
McCloe’s “abusive head injury” was “non-accidental,” Maffei testified, adding the child had “catastrophic brain injuries” and an “enormous” amount of blood was found in the child’s retinas.
“We knew we didn’t have anything we could do (to help McCloe) because the swelling was so bad,” Maffei testified, adding he and another doctor decided to remove part of her skull to relieve swelling in a last attempt to save her life.
“We felt we owed it to her.”
http://www.timesleader.com/news/Fall_down_steps_may_have_been_fatal_for_infant__witness_testifies_01-12-2011.html

Child Abuse: Pennsylvania: Billups

FRANKLIN COUNTY -- After hearing from doctors about her brain injuries for nearly a week, a Franklin County jury saw a smiling and squealing Leiana Billups in person on Thursday. Now nearly 18 months old, the apparently content little girl was carried into Judge Shawn Meyers' courtroom by her mother, Jacqueline Rosario, during the afternoon trial session.
Most of the jurors smiled widely at the small child, who was allegedly shaken by her father when she was 3 months old.
Both sides have now presented their evidence, and only closing arguments remain before the jury will be sent to deliberate whether Jamel Lee Billups was responsible for his daughter's permanent brain damage.
The trial was expected to resume at 8:30 a.m. today, beginning with the defense's closing arguments. Meyers told the jury that he will instruct them to begin deliberating after both sides have finished, probably by lunchtime.
Billups, 32, Chambersburg, is charged with aggravated assault and endangering the welfare of a child. He denies ever physically harming his daughter.
A doctor in California told the jury via teleconference Thursday he believes the baby suffered from a combination of health conditions that "mimic child abuse." Defense witness Dr. Patrick Barnes, a pediatric neuroradiologist at the Lucile Packard Children's Hospital at Stanford University, appeared live on a television in front of the jury box.
Having reviewed Leiana's medical history and test results,
Barnes said he concluded the blood on her brain and retinal bleeding were the result of a stroke-causing disorder called cerebral venous thrombosis. According to previous testimony by other doctors, CVT is a rare disorder not known to cause the type of brain bleeding or the retinal bleeding seen in Leiana. But Barnes said recent advances in medical technology and research show this is not true.
During her cross-examination, Assistant District Attorney Lauren Sulcove asked Barnes if he would agree that CVT is very rare.
"Ten years ago, I would have agreed with that. Now I would not agree," he said. "It is much more common than we thought, especially in infants."
Expert witnesses for both sides have testified that Leiana has tested deficient for an anti-clotting agent called "protein S." Barnes testified that lack of the protein is linked to the appearance of CVT.
Barnes' testimony also addressed the appearance of 16 rib fractures found in X-rays taken when the girl was 3 months old.
Doctors testifying for the prosecution said an X-ray taken when she was 11 days old showed no fractures, proving the injuries had occurred thereafter. The healing fractures were estimated at between four and eight weeks old.
A vitamin D deficiency found in Leiana's mother indicates that the baby was likely deficient when she was born, Barnes said. A severe lack of the vitamin has been linked to a "bone fragility disorder" called congenital rickets.
Barnes testified that the fractures may have actually occurred during Leiana's birth, but were too small to appear in a standard X-ray when she was only days old. He also pointed out that the fractures were in the front portion of the baby's ribs, not in the back as normally occurs in incidents of "shaken baby syndrome."
Sulcove asked Barnes if he was aware of any other case where a baby was diagnosed with CVT and a bone fragility disorder in conjunction with the same type of brain and retinal bleeding as Leiana.
"Not as of yet, that I know of," he said.
Asked how many times this year he had testified in a child abuse trial on behalf of the defense, Barnes said it had been "at least once a month."
Sulcove pointed out that a number of doctors who had helped treat the baby all determined the cause of her problems to be child abuse.
"So they're wrong and you're right, even though you never met Leiana Billups?" she asked him.
"That is correct," Barnes said.
His testimony lasted all morning, and Meyers called a lunch recess shortly after noon. When the trial reconvened, the jury was introduced to Leiana.
According to testimony Wednesday, Leiana and her toddler-age older sister have both been living at home with their mother since February 2010.
After the baby's appearance, Chambersburg Police Detective Sgt. Dianne Kelso, who testified Monday, was called back to the witness stand to provide a rebuttal to statements made by Billups and Rosario during their testimonies Wednesday.
Both had told the jury that Leiana's older sister, then 2 years old, was taken from them at Chambersburg Hospital on Oct. 19, 2009. They said they went to the police station that evening under the impression that they would get their older daughter back.
Kelso testified Thursday that she spoke with the couple at the hospital, telling them that the child had been taken as a matter of standard protocol and that it would not be up to police to return her.
After Kelso stepped down, Billups and Rosario were called back to the stand by the defense. Both said they were told that they would get the girl back after they gave a statement to police. Billups said he was "coerced."
During cross-examination, Sulcove asked him if he was otherwise reluctant to speak with police because he had "something to hide." His response was heated.
"Are you serious? Are you serious? No is the answer," Billups said.
Before he adjourned court shortly before 3 p.m., Meyers instructed the jury to hold off on making any decisions about the case and to refrain from researching any of the complex medical information that had been presented.
"You need to continue to honor your oath," he said.
http://www.publicopiniononline.com/localnews/ci_16880785

SIDS: Pennsylvania: co-sleeping

 Erin L. Nissley December 16, 2010

Officials target infant deaths
An increase in the number of accidental infant deaths in Lackawanna County has led to a new educational campaign by county and medical officials.
There have been six infant deaths in the past two years that can be attributed to accidental suffocation while sleeping with an adult and Sudden Infant Death Syndrome, according to District Attorney Andy Jarbola.
So far this year, three infants have died while sleeping in the same bed as their parents, Lackawanna County Deputy Coroner Tim Rowland said.
Every child's death is investigated by the county's Child Death Review Team. What the group has found is that many infant deaths could have been avoided if more education were available for parents and caregivers.
On Wednesday, the team launched what it is calling the Safe Sleep Initiative, wherein educational information will be distributed at doctors' offices and hospitals and through brochures, posters, billboards and public service announcements.
Having a child die in this way "is one of the worst things that could happen to a parent," said Jeanne Rosencrance, project director for the Child Death Review Team. "There's a tremendous guilt on the part of the parent."
When adults share a sleeping space with infants, they could unknowingly roll over onto the child, cutting off his or her oxygen supply, according to Dr. Stanley Blondek, director of pediatrics and newborn services at Moses Taylor Hospital. The child also could become wedged into small spaces between the wall and the mattress or next to the headboard, officials said.
Parents also could fall asleep while holding or nursing an infant, dropping or accidentally suffocating the child, Mrs. Rosencrance said.
There have been several cases of SIDS in the past few years, too. SIDS is a term used to describe a sudden and unexplained death of a baby, usually between 1 month and 1 year old.
Experts say the best way to avoid SIDS is to place infants on their backs when putting them down to sleep. But many caregivers are not aware that babies should sleep on their backs, Dr. Blondek said.
Mr. Jarbola said new parents still need to be educated on the proper way to put an infant down in the crib - on his or her back and without any toys, blankets or pillows.
"Nothing but a baby should be in the crib," he said. "That's the message we're carrying."
Contact the writer: enissley@timesshamrock.com

http://thetimes-tribune.com/news/campaign-targets-growing-number-of-infant-deaths-1.1077930#ixzz18JB88Z1H

SBS: Pennsylavania: Jamel Lee Billups

JIM TUTTLE

A Chambersburg man accused of shaking his infant daughter until she suffered brain injury last October told police that he was always "very delicate" with his children.
A jury watched a video Tuesday of Jamel Lee Billups, 32, being interviewed by a detective on the day his daughter was flown to Milton S. Hershey Medical Center.
Chambersburg police Detective William Frisby Jr., who conducted the interview, was the last witness to testify Tuesday in the Billups trial. The prosecution has now called all its witnesses, and the defense is expected to begin presenting its case this morning.
"I promise I won't use any big words or mention any medical lingo," Frisby said to the jury as he approached the witness stand.
In that respect, his testimony was an exception. The other two witnesses heard Tuesday were both doctors who discussed Leiana Trina Billups' brain damage and other physical problems in great detail.
Frisby said he was called in to interview Billups on Oct. 19, 2009 after Chambersburg Hospital notified police about the baby's injuries. The taped interview was played for the jury.
In the video, Billups told Frisby that his daughter had been acting healthy all day, until the afternoon when she awoke from her nap crying. He described her as "tensed up" and arching her back, and said she didn't seem to be breathing normally.
"It just wasn't right," he said in the video.
Using a doll to demonstrate, Billups showed Frisby how he picked up and held his daughter after she began crying. He also re-enacted how he tried to get a response from her using what he called a "wake-up tap" on her face.
"That's the most trauma to the head that I did today, or that I would do to her," he said in the video.
During the interview, Billups described the way he handles his children as "very delicate."
"I love both my kids very much," he said.
Defense attorney Christopher Basner asked Frisby during cross examination if he would agree that Billup's account of the Oct. 19, 2009 has remained consistent. Frisby said he agreed.
Dr. Mark Dias, a pediatric neurosurgeon at Milton S. Hershey Medical Center, Hershey, was the first witness to testify Tuesday. He told the jury that, based on his expert opinion, the baby suffered permanent brain damage as the result of being shaken violently.
He said possible effects of the baby's brain damage include lasting vision problems, stiffness and difficulty moving her limbs, mental retardation and cognitive impairment.
"We don't know the extent, but I can virtually guarantee you that she will have some problems," Dias said.
According to testimony, testing indicated that Billups' daughter suffered 16 rib fractures between four and six weeks prior to suffering head injury, brain hemorrhaging and extensive retinal bleeding consistent with a shaking event
Billups is charged with aggravated assault and endangering the welfare of a child. His defense team contends that the infant's brain bleeding and other problems were the result of a somewhat rare type of stroke called cerebral venous thrombosis.
In his testimony, Dias used a traffic analogy to explain the workings of blood vessels in the head. He compared clotting, also called thrombosis, to car wrecks that disrupt the flow of traffic.
Dias testified that, in his experience and according to the literature he has read on the matter, there is no evidence that CVT "causes a catastrophic loss of consciousness and disorderly breathing," he said.
During cross examination, defense attorney Mark Freeman referred to a scholarly article written by another doctor who contends that the level of force required to cause retinal bleeding by shaking is "biomechanically improbable."
Dias said he disagreed with the statement, and that "a minority of people" in his field would agree with it.
"You're picking one person's point of view, which is fine," Dias said to the lawyer. "That's your job."
The doctor said tests for thrombosis were performed on the baby weeks after she was first brought to the hospital. "Not only did we find no evidence (of thrombosis), we also found evidence of what we would expect with abusive head trauma," Dias said.
At one point during his the cross examination, Freeman asked Dias if he was a radiologist.
"No, I'm a neurosurgeon," Dias replied.
Dr. Arabinda Choudhary, director of pediatric neuroradiology at Hershey, also testified Tuesday that the baby had blood on her brain and retinal hemorrhages, as well as apparent brain swelling and bruising.
He showed the jury MRI images that he said showed Leiana's damaged brain. The blue and white cross-sectional views of the baby's head showed noticeable differences between the left and right sides.
He said that "based on (his) training and experience," the was "no evidence of thrombosis" in the baby's scans. He showed the jury images of a normal adult brain alongside images of the same brain with thrombosis, and explained the differences.
Assistant District Attorney Lauren Sulcove said she will formally rest her case against Billups first thing today. The defense is expected to call its first expert witness, a doctor, about 9 a.m
http://www.publicopiniononline.com/localnews/ci_16861375

SIDS: New SIDS Law to Take Effect in Pennsylvania

SIDS is the number one cause of death in babies, but before the end of the year, new parents in Pennsylvania will be better prepared to prevent this type of tragedy.  A  new law requires all hospitals to educate new mothers about infant safe sleep practices.
More than 80 babies died in Pennsylvania in 2008, due to Sudden Infant Death Syndrome, but  the number of  SIDS deaths has dropped 50 percent since the start of the Back to Sleep campaign in 1994.
Most parents,   grandparents and other caregivers should know by now that you must place a baby on his or her back to sleep and keep   blankets, bumper pads and stuffed animals out of the crib.  According to Blair County Respiratory Disease Director Betsy Hurst, "an empty crib is a good crib and every parent will be taught that now."
The Society has been teaching that lesson for years and it sounds simple enough.  But Blair County Coroner Patty Ross said,  not enough people have been following those guidelines.   She was called to three preventable baby deaths this year, including this one.  "It was a baby in a crib with netting and soft  toys and bumper pads and actually the sheet had wrapped around the baby's head, " Ross said.
The coroner says co-sleeping ---basically putting your baby in bed or on a couch with you is also a dangerous practice.  This year, Ross investigated the deaths of two babies who suffocated in this way.
Ross added, "I'm sure there's times that people have slept with their children nothing has ever happened, but when they have  to see me when I have to share their story, when I have to investigate their home and I have to help bury their babies, it makes a difference".
Ross and Hurst hope that under the new law,   more parents and grandparents learn and use  safe sleep practices so that more babies get to celebrate their first birthdays.
Hospitals across the state are required  to begin this new SIDS education program by mid-December.
Unsafe cribs are also a danger to babies.   To get a free safe crib, call the Blair County Respiratory Disease Society at 814-944-8222.
http://wearecentralpa.com/fulltext-healthcast/?nxd_id=225066

SBS: Miller, Pennsylvania: Doctors give conflicting opinions on shaken baby

November 9, 2010
SANDRA K. REABUCK
sreabuck@tribdem.com
A jury of six men and six women is expected to begin deliberating by this afternoon whether a Johnstown father is guilty of shaking his infant son so severely that it caused bleeding into the baby’s brain and eyes.
Joshua W. Miller, 42, formerly of Stone Street, is charged with aggravated assault, child endangerment, reckless endangerment and simple assault.
Miller is accused of shaking his 2-month-old son on the evening of  Jan. 14, 2009, while the mother was at work and Miller and his son were home alone. The baby was rushed to Memorial Medical Center by ambulance shortly after 10 p.m. when Miller made a frantic call for help to 911 because his son was unresponsive and grasping for breath.
The infant was treated at the Johnstown hospital before being transferred early the next morning to Children’s Hospital of Pittsburgh, where he was admitted for seven days.
The trial in Cambria County court neared its end Tuesday with testimony from two doctors – one for the prosecution and the other for the defense – who gave conflicting opinions on what caused the bleeding in the baby’s brain.
Dr. Janet Squires, a pediatrician who heads the child advocacy program at Children’s Hospital, said the bleeding was due to shaking of the infant. She was the prosecution’s medical expert.
“With medical certainty, I believe this child was abused,” Squires said.
No evidence was found of any underlying medical problems that would have caused the bleeding, she said.
But Dr. Ronald Uscinski, a Maryland neurosurgeon who has written extensively about shaken baby cases, said the bleeding was caused by an older injury to the membrane around the brain that “existed weeks or months and was missed (in medical exams). It was a birth injury, quite likely.”
Uscinski, hired by the defense, said the fresh blood that was seen on CAT scans does not mean a fresh injury, but bleeding from a chronic previous injury. Areas of old blood “almost certainly” remained from an injury during childbirth, he said.
Chief public defender Lisa Lazzari, who is representing Miller, has not indicated whether she will call him or other defense witnesses before resting her case.
Tamara Bernstein and Beth Bolton Penna, assistant district attorneys prosecuting the case, also have the option of calling rebuttal witnesses before the attorneys present their closing statements to the jury.
Testimony on Tuesday was delayed for an hour when Lazzari made a motion for a mistrial. She said the prosecution and the Johnstown police had failed to turn over reports about contacts with the baby’s mother last year.
The mother, who testified Monday, had denied there were any attempts by police to communicate with her, although a police report indicated there had been some contact with or attempts to contact her.
Lazzari said she could have used the information in her cross-examination of the mother.
Judge David Tulowitzki refused to grant a mistrial. Instead, with the agreement of both sides, he read to the jurors a statement that the prosecution “did not maintain proper contact with the mother in the case against Joshua Miller.”
http://tribune-democrat.com/local/x1213154128/Doctors-give-conflicting-opinions-on-shaken-baby/print

SIDS: Pennsylvania: prevention law questioned

By Adam Brandolph
PITTSBURGH TRIBUNE-REVIEWThursday, November 4, 2010

Medical professionals say a new state law requiring parents to acknowledge they've received information about Sudden Infant Death Syndrome is well-intentioned but flawed.
"Education is a good thing, but it has to be good education and targeted at a time people can hear it and learn from it," said Raymond Firth, director of behavioral health at the University of Pittsburgh's Office of Child Development.
"Moms in the hospital are fatigued; they have a whole new role. They're getting medical exams, the baby's getting medical exams. They're getting all this information on domestic violence, crib sizes, car seats -- they're getting bombarded with information, and they may not take the time to read the details."
Sudden Infant Death Syndrome, or SIDS, is the sudden death of an infant younger than one year old that cannot be explained. One of the leading causes of death among newborns in Allegheny County, 68 infants died of SIDS from 2001 to 2006. In the first eight months of this year, as many deaths were attributed to SIDS -- 15 -- as in all of 2008. The toll was 14 last year. A board of medical professionals meeting monthly determines whether a death is from SIDS.
Pennsylvania's law, signed last week by Gov. Ed Rendell, requires the state Health Department to develop a program to promote SIDS awareness and education, and distribute educational materials to hospitals and birth centers. Parents are required to sign a statement indicating they read and understand the materials provided by their physician before mother and baby are discharged from the hospital.
"Any effort at the hospital would help, but that just can't be the remedy," said Peggy O'Malley, a public health administrator for the Allegheny County Health Department.
"We need obstetricians and family practices to talk about this in the second trimester; instructors at child birth classes, Lamaze -- any kind of education they're receiving ... and right after the hospital. You're just not going to change attitudes or behaviors because someone signed this form."
Eileen Carlins, director of support and education at Sudden Infant Death Services of Pennsylvania, a nonprofit organization on the North Side that backed the legislation, is on the front lines of the fight.
"In my job, I'll talk to a mom and she'll say, 'Well, I didn't know about this. ... I didn't know it was dangerous to sleep with the baby, or I didn't know to put my baby on his back.'"
Sen. John Pippy, R-Moon, who sponsored the legislation, said it's designed to prevent those conversations.
"A lot of parents are just unaware of the dangers that are out there," he said. "We've heard stories of people who've lost babies, and it's really tragic. We know that informing parents about SIDS prevents deaths, and this new law will make that information more readily available."
http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_707280.html

SIDS: Pennsylvania statistics

Sudden Infant Death Syndrome, or SIDS, is the cause of nearly 100 infant deaths a year in Pennsylvania. Rep. Lawrence Curry of Montgomery County is trying to reduce that number. Story runs 40 seconds.
http://www.pahouse.com/curry/AV.asp?page=1&Vidpage=3&AudClip=100810_story.mp3&mediaID=17008

SBS: life threatening injuries

A 24-year-old Millcreek Township schoolteacher remains jailed today, charged with assaulting his 2-month-old son and causing life-threatening brain injuries to the infant.
Justin Beck is in Erie County Prison on $50,000 bond, suspended without pay from his teaching job at Millcreek's James S. Wilson Middle School, police said.
Beck is scheduled to appear in Erie County Court on Sept. 21 for a preliminary hearing. He faces five criminal charges, including aggravated assault and endangering the welfare of a child.
Investigators with the Millcreek Township Police Department said the infant's injuries "fit a pattern of shaken baby syndrome," according to the affidavit of probable cause authorities filed with District Judge Denise Stuck-Lewis, of Edinboro.
The child initially was examined at Saint Vincent Health Center on Sept. 3, the day of the alleged incident, before he was flown to Children's Hospital in Pittsburgh for treatment.
Doctors treating the child told investigators on Friday that the injuries included acute soft tissue swelling to the back of the left scalp, a left skull fracture, and bleeding on both sides of the brain that required an emergency blood transfusion.
Police said Beck told investigators that the injuries were the result of the infant falling out of a baby bouncer seat on the living room floor.
http://www.goerie.com/apps/pbcs.dll/article?AID=/20100914/NEWS02/309149917/-1/news