Thursday, June 28, 2012

In Arizona, Mom arrested for allegedly shaking baby; child extremely critical | Shaken Baby Syndrome


An 11-month-old girl is reportedly fighting for her life in a Phoenix hospital and police say her mother is the one who put her there.
Officers reportedly arrested Maria Rivera, 21, Tuesday night after they were summoned to Maricopa County Medical Center by the staff.
Phoenix Police Sgt. Tommy Thompson reportedly said the hospital staff called police because the baby girl was brought in unresponsive and had sustained serious injuries that were not consistent with Rivera's explanation. She apparently told doctors -- and later police -- that the little girl had fallen down the stairs. Her injuries, however, were not consistent with that.
According to court paperwork, hospital personnel reportedly told investigators there is only one way the baby could have sustained the particular injuries she had -- bleeding in the brain and low brain function, among other. Somebody had severely shaken her.
The patrol officers who initially responded handed the case off to homicide detectives, Thompson said.
Court paperwork reportedly shows that Rivera told detectives the baby had fallen and she tried several things to revive her, including shaking her. Rivera said shook the child "on and off" for between 20 and 30 minutes and then waited another half hour before trying to get her baby daughter real help.
Rather than calling 911, however, police reportedly said Rivera called her mother in Maricopa. Tracy Beddow drove from her Maricopa home to Rivera's Phoenix apartment. She saw that the baby was unresponsive and took her to the hospital.
Rivera reportedly lied to detectives for three hours, according to court paperwork, and then minimized her involvement in the baby's injuries.
"It wasn't child abuse. My daughter had a seizure and then fell down the stairs," Rivera said during her initial court appearance Wednesday.
According to the National Center on Shaken Baby Syndrome, when a baby is shaken, the brain can rotate in the skull cavity. That can injure or even destroy brain tissue. In addition, the vessels that supply blood to the brain can be torn, causing bleeding around the brain. That blood can pool in the skull and put pressure on the brain.
This happens because babies' heads are about 25 percent of their total body weight and their neck muscles are not strong enough to support them, especially when shaken.
Thompson said the infant was in extremely critical condition Wednesday morning.
If she survives, she could face a variety of long-term consequences, including learning and physical disabilities, visual and/or hearing impairment, seizures and cognitive impairment.
While the details surrounding what happened in this case are not yet clear, frustration and anger are the most common triggers for a parent or caregiver to shake a baby, according to the NCSBS.
"This most often occurs when the baby won't stop crying," the website reads. "Other triggering events include toilet training difficulties and feeding problems."
In addition to the injuries the baby girl had from being shaken, she also had a bite on her left thigh. Court paperwork says the bite was made by a person. Police said Rivera had no explanation for it.
Rivera was been booked into Maricopa County Jail on two counts of child abuse, a class 2 felony. A judge set her bond at $200,000 and appointed a public defender.
Rivera's reportedly two other children, a 1-month-old and 2-year-old, are now in the care of Child Protective Services. A third child belonging to Rivera's sister but in the custody of Rivera's mother is also with CPS.
A status conference has been scheduled for June 27, followed by a preliminary hearing on June 29.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com



Wednesday, June 27, 2012

In Illinois, Father Charged In Death of 4-Month-Old


Police on Friday night reportedly announced charges against the father of a 4-month-old girl who was apparently shaken to death.
Jonathan Ortiz, 23, has reportedly been charged with murder after reports from the Cook County Medical Examiner’s office and Advocate Hope Children’s Hospital determined that his daughter died from injuries sustained from child abuse, said South Chicago Heights Police Chief Bill Joyce.
Ortiz is reportedly scheduled to appear in bond court on Saturday, Joyce said.
Sophia Ortiz had reportedly been at a home in the 0-100 block of West 31st Street in South Chicago Heights on Monday before she was brought to the hospital, according to the Cook County Medical Examiner’s office.
Police reportedly responded about 3 a.m. after the girl’s father called 911, saying the baby wasn’t breathing, Joyce said. The baby had been with her father at his home for approved visitation. The girl’s mother, who lives in Steger and has custody of the child, was not with them.
Responding paramedics were reportedly not able to detect the infant’s pulse and performed CPR all the way to St. James Hospital and Health Centers, Joyce said.
Staff there “did a remarkable job” and were able to get a pulse again, Joyce said, but she needed a respirator and was airlifted about two hours later to Advocate Hope Children’s Hospital at Christ Hospital.
Sophia, of the 0-100 block of 31st Street in Steger, was reportedly pronounced dead there at 8:55 p.m. on Tuesday, according to the medical examiner’s office.
An autopsy Wednesday reportedly found that the girl suffered multiple injuries from child abuse and her death has been ruled a homicide, according to the medical examiner’s office.
Her injuries were reportedly consistent with shaken baby syndrome, Joyce said.
“There’s absolutely nothing that a beautiful 4-month-old baby girl could do that could merit any kind of abuse, not even abuse to this level,” the police chief said Wednesday night.
DCFS is reputedly investigating an allegation of death by abuse against the child’s father, agency spokesman Kendall Marlowe said. DCFS has had no previous investigations involving the girl’s father and he had no other children in his care, Marlowe said.

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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Tuesday, June 26, 2012

In Louisiana, Marrero dad indicted in death of his 3-month-old daughter | Shaken Baby Syndrome

A Jefferson Parish grand jury reportedly indicted a Marrero man Thursday in the death of his 3-month-old daughter, who died from what authorities say was "shaken baby syndrome." Raymond Riego Jr., 39, was charged with second-degree murder, accused in the Jan. 30 death of Madison Nicole Hughes.



The incident reportedly happened Jan. 26 or Jan. 27, inside an Annette Drive home belonging to her mother's family. Riego is originally from Buras but apparently was residing at the home, authorities have said.
The infant's maternal family reportedly told the Jefferson Parish Sheriff's Office she slept with Riego overnight. But early on Jan. 27, a relative who went into Riego's bedroom noticed the infant "was limp, gasping for air," Detective Travis Eserman testified during a March 12 hearing in the 24th Judicial District Court.
She reportedly was later declared brain dead, caused by "unaccidental trauma," Eserman testified. The autopsy confirmed "closed head trauma consistent with shaken baby syndrome," he testified.
Riego reportedly was initially booked with second-degree cruelty to a juvenile, then booked with an additional murder charge after Madison died. The Jefferson Parish district attorney's office declined to pursue the cruelty charge, "because that's encompassed in the murder charge," Assistant District Attorney Sunny Funk said.
Riego reportedly admitted he shook the baby, but only after the autopsy, Eserman testified. "He told us he knew we wound find something at autopsy," Eserman testified. "He knew that he caused it."
Riego is held in the Jefferson Parish Correctional Center in lieu of a $1 million bond, Funk said. His case has been assigned to Judge Hans Liljeberg's court, records show. The case record does not reflect whether he has an attorney. His arraignment is expected to be Friday.
Second-degree murder reportedly carries a mandatory life sentence with no probation, parole or suspended sentence.

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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Monday, June 25, 2012

In New York, Chemung County woman accused of shaking baby, who later died | Shaken Baby Syndrome


A Chemung County woman is reportedly accused of shaking her 16-month-old boy to death over the weekend.
Nicole M. Freeman, 27, of Wyncoop Creek Road, Van Etten, had reportedly been charged felony reckless assault of a child after the incident Friday, troopers said.
The baby, Jason Shappee, was reportedly pronounced dead at a Danville, Pa. medical center Saturday morning.
Freeman is reportedly accused of causing a fatal brain injury by shaking her son. She is being held at the Chemung County Jail on $50,000 cash or $100,000 bond. The district attorney's office is reviewing the case and will likely add additional charges in light of the baby's death, troopers said.

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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Friday, June 22, 2012

In New York, Elmhurst father, 27, charged with shaking baby daughter | Shaken Baby Syndrome

A 2-month-old baby has reportedly been on life support since her father allegedly shook her twice within the span of a month, causing severe injuries throughout her body, the Queens district attorney’s office said.


Israel Garcia, 27, of 41st Avenue near 95th Street in Elmhurst, was reportedly arraigned on charges of assault and endangering the welfare of a child in Queens Criminal Court May 30, the DA said. Since the baby, Maria Gordillo, is so severely injured, Garcia’s charges would be increased if she dies, the DA said.

Garcia’s first alleged incident of harm to his baby reportedly occurred early in May after he had come home in a tired and frustrated state, the DA said. Garcia heard Maria crying and then allegedly grabbed her, squeezed her around her torso and then moved her repeatedly up and down, the DA said. He allegedly told the authorities that he thought he broke Maria’s ribs but did not inform anyone, the DA said.
The baby reportedly required serious medical attention after May 28, the DA said. Garcia had been alone with Maria and, after waking up from a nap, she started to cry, the DA said. Garcia allegedly grabbed her and shook her for three minutes until she was quiet and seemed to go back to sleep, the DA said. When Maria would not wake up again, Garcia called 911, the DA said.
Maria was reportedly taken to Elmhurst Center Hospital that same day, and later to New York University Langone Medical Center in Manhattan, the DA said. Maria’s injuries included bleeding on the brain in multiple places, retinal hemorrhages in her left eye, brain injuries from trauma and oxygen deprivation, many old rib fractures and bruises on her left foot and back.
These injuries are reportedly consistent with Shaken Baby Syndrome and could result in her death, the DA said.
Garcia, who has reportedly been held without bail, faces up to 25 years in prison if convicted, the DA said. His next court date is June 11, the DA said.
District Attorney Richard Brown reportedly said in a statement that his office has been seeing too many cases of Shaken Baby Syndrome despite health providers and law enforcement agencies making greater efforts to educate new parents.
“We are still seeing far too many cases of children dying or being permanently disabled, both mentally and physically, at the hands of their caregivers. Under no circumstances should a baby be shaken,” Brown said. “Three seconds of shaking is all it takes to cause irreparable injury or even death.”

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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Thursday, June 21, 2012

In New York, Mother gets 10 years for shaking baby to death | Shaken Baby Syndrome


A Far Rockaway mother was reportedly sentenced to 10 years in prison for violently shaking her 7-month-old daughter, who later died of the injuries she sustained, District Attorney Richard Brown said.
According to Brown, Nyemah Nickens, 21, repeatedly shook her crying daughter Nyla Nickens while reportedly  at her boyfriend’s house until the infant stopped crying. Around 5 a.m. the next morning, Brown said, Nickens heard her daughter make a crying sound and was in an abnormal condition.
Upon visiting the hospital, it was reportedly determined that the infant suffered a serious brain injury, Brown said. Though the baby underwent a procedure to relieve pressure on her skull, Brown said she succumbed to her injury four days later, which was consistent with the non-accidental trauma of Shaken Baby Syndrome.
“For those who do not believe that shaking a baby can cause serious and irreparable injury or even death, this case, and the defendant’s confession, is a grim reminder that caretakers and parents can and do shake children to death,” Brown said.
Nickens reportedly pleaded guilty last month to first-degree assault and second-degree manslaughter.



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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Wednesday, June 20, 2012

In Florida, Largo man guilty of murdering baby son | Shaken Baby Syndrome


A jury on Thursday reportedly found Michael L. Giovo Jr. guilty of first-degree murder in the death of his 4-month-old son. He was automatically sentenced to life in prison without the possibility of parole.
Skyler Giovo died in late 2008. Authorities reportedly say he was the victim of shaken-baby syndrome.
Giovo of Largo has reportedly insisted he did nothing to hurt his son. The baby must have died, Giovo told police, because he fell off a couch on Thanksgiving night. Giovo's fiancee was asleep that Thanksgiving night when the shaking occurred.
The baby reportedly began twitching the next morning, so the couple took him to a hospital. Days later, he was removed from life support.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


In Florida, Pasco man sentenced to 30 years in prison for shaking baby | Shaken Baby Syndrome


Before he was sentenced to 30 years in prison, Jonathan Gelb reportedly stood at the front of the courtroom and proclaimed his innocence.
"I didn't abuse you," Gelb reportedly said Friday to his son, Lukuz, who was hurt so severely that he is in a permanent vegetative state. He was in the courtroom Friday. Lukuz, nearly 4, cannot see, walk, talk or feed himself. He wears a helmet to protect his head. He is so fragile, his family says, he could die any day.
A jury reportedly decided last month that Gelb, now 28, was the one who hurt his son and convicted Gelb of aggravated child abuse. Gelb had been watching Lukuz, then 2 months old, on Sept. 30, 2008, when he called the baby's mother and said she needed to come home because Lukuz was twitching. When Leann Rodriguez got to their Port Richey home, she found the infant gasping for air. Doctors said Lukuz's brain was bleeding and he had leg fractures — new and old ones. Experts testified Lukuz's injuries were consistent with shaken baby syndrome.
"I hope some day you can look at yourself and know what you did was wrong," Rodriguez said in court, looking at Gelb as she spoke.
Gelb reportedly said he was guilty only of not immediately calling 911 when he noticed his son was in distress.
"Lukuz, we are all people," he said. "We all make mistakes."
He was reportedly adamant that he didn't cause the boy's injuries. Gelb, who has been in the Pasco jail since his arrest in December 2009, said he has a photo of his son with him in his cell. He said he loves Lukuz.
"What is the answer to my son's condition?" Gelb said. "I still don't know. But I am going to do everything I can to find out why my son is the way he is today."
He reportedly plans to appeal the conviction.
Gelb could have gotten as little as seven years in prison. The maximum was 30 years. "If I had more to ask, I would," said Assistant State Attorney Eva Vergos.
She reportedly said Lukuz's family feels thankful the boy survived. But Gelb caused "irreparable harm."
Lukuz "certainly is not enjoying the quality of life that a 4-year-old child should be enjoying," Vergos said.
Circuit Judge Mary Handsel reportedly gave Gelb the maximum — 30 years. Handsel spoke of how Gelb said he is searching for answers.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


In Kansas, Kansas Joins National Campaign to Prevent Infant Abuse | Shaken Baby Syndrome


Shaken Baby syndrome, also known as abusive head trauma, is the most dangerous and most common form of abuse in children under one. In an effort to spread awareness about normal infant crying, the number one trigger for the shaking and abuse of infants, Kansas Children’s Service League is joining a national public education campaign to make thousands of purple colored baby caps to give to parents and remind them about this frustrating, although normal, period in an infant’s development.
The grassroots campaign called, CLICK for Babies: Period of PURPLE Crying Caps, invites knitters and crocheters across North America to make purple colored baby caps which will be delivered to families in November and December with the Period of PURPLE Crying, an evidence based program that educates parents about normal infant crying, ways to cope with the crying and the dangers of reacting in frustration by shaking or abusing an infant.
Kansas has been invited to participate in the national CLICK for Babies campaign, now in its second year, by the National Center on Shaken Baby Syndrome. “Kansas has shown a commitment to the prevention of infant abuse and has made great strides in providing education to parents and caregivers,” says Ryan Steinbeigle, Director of Development for the National Center on Shaken Baby Syndrome.
Kansas Children’s Service League has set a goal of collecting 7,500 purple caps for the 2012 campaign. Caps will be collected from now until the end of September and distributed to babies in birthing hospitals during November and December.
Knitters and crocheters are invited to send their finished caps to the KCSL Wichita office at 1365 N. Custer, Wichita, KS 67203.
More information about the CLICK for Babies campaign, including additional statewide drop-off sites, patterns for caps, guidelines and details about the Kansas campaign are available at www.CLICKforbabies.org.
Excerpt taken from article you can read more about click here.
If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Saturday, June 16, 2012

In Michigan, Burton man competent to stand trial for shaking, injuring 'miracle baby' | Shaken Baby Syndrome

A 19-year-old Burton man has reportedly been found competent to stand trial after authorities say he severely injured a 14-month-old child by shaking him.


Zachary J. Robinett is reportedly charged with first-degree child abuse after the baby suffered numerous bruises to head and body, a skull fracture and bleeding in the brain.

He was reportedly ruled competent to stand trial Tuesday in Genesee District Court.

Court records reportedly show that an intention to assert an insanity defense has also been filed in the case.

The baby was reportedly found unresponsive after police were called to a home on Chicory Lane near Meadowcroft Drive on Feb. 11 in Burton. The baby was taken to a local hospital.

Genesee County Prosecutor David Leyton said previously that Robinett was left alone with the baby after the child's mother went to work. It appears to be a case of shaken baby syndrome, the prosecutor added.

"Doctors are referring to him as a miracle baby," said Leyton. "At first, they weren't sure he was even going to live."
Robinett is reportedly scheduled to be back in court June 12 for a preliminary exam.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Friday, June 15, 2012

In Nebraska, Baby boy's injuries include broken ribs | Shaken Baby Syndrome


Omaha police are reportedly investigating the parents of an Omaha infant recently hospitalized with three fractured ribs and injuries to his head and body.
Hospital officials reportedly said the abuse was consistent with shaken baby syndrome.
No criminal charges have reportedly been filed against the baby boy's parents, but he and his siblings — ages 1- and 7-years-old — were removed from their custody.
A Douglas County Juvenile Court judge will determine this morning whether the children will remain in foster care.
The 1-month-old boy was reportedly taken by ambulance from home to Children's Hospital & Medical Center about 4:15 p.m. on May 22 because he was choking, according to court documents.
While being treated, doctors reportedly discovered the extent of the infant's injuries: fractures to three ribs, bilateral bleeding in the head, retinal hemorrhages and potential fractures to his knee.
Hospital officials said the baby has since been released.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Thursday, June 14, 2012

In New Mexico, Questa man charged with allegedly shaking baby | Shaken Baby Syndrome


A Questa man is reportedly being held on $50,000 cash bond amid allegations that his shook his infant son, causing serious brain injuries to the child.
Damian Stow, 19, has been charged with one count of intentional child abuse resulting in great bodily harm in the May 19 incident.
According to the probable cause statement reportedly filed by New Mexico State Police, Agent Matthew Martínez responded to Presbyterian Hospital in Albuquerque after doctors there suspected the three-week-old boy had been shaken.
Doctors at Presbyterian told Martínez that the child had “intercranial pressure caused by internal bleeding  in the front and rear of the skull.” In addition, doctors told Martínez they found “no fractures to suggest blunt force trauma” to the child. Doctors told Martínez it was their professional opinion that hemorrhaging in both of the baby’s eyes led them to believe that the child was “shaken in a front-to-back motion.”
While the child was reportedly undergoing tests to rule out spinal meningitis as a cause of the pressure, doctors told Martínez they were unable to perform a spinal tap or an MRI on the child because he kept having seizures.
Dr. Lisa Petersen, Presbyterian’s child abuse specialist, told Martínez that in a previous interview with Stow and the child’s mother, Stow had “minimal interaction during the interview and was focused on eating a sub sandwich.” The child’s mother, Petersen told police, said that Stow had been the child’s primary caregiver while she worked.
In an interview with police, Stow reportedly said that the 3-week-old had been congested and had had trouble breathing. The previous Tuesday (May 15), they’d taken the baby to the doctor to address the problem, Stow said. Stow claimed that on Friday, the baby had trouble breathing and “not much of appetite.” Stow said he put the baby down around 8 p.m. and when he tried to wake the child about an hour later, the baby was “limp but breathing.”
When the mother reportedly returned home from work around 11 p.m. and tried to feed the baby, she noted that he was “pale and remained limp and unresponsive,” which prompted them to take him to Holy Cross Hospital, where he was later airlifted to Presbyterian’s Pediatric Intensive Care ward.
In his interview with police, Stow reportedly demonstrated how he’d bounced his son on his shoulder, admitting that he’d bounced the baby “much harder than he’d demonstrated, although he didn’t have the strength at that moment to demonstrate the actual force used.”
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com


Wednesday, June 13, 2012

In Louisiana, Marrero dad indicted in death of his 3-month-old daughter | Shaken Baby Syndrome

A Jefferson Parish grand jury reportedly indicted a Marrero man Thursday in the death of his 3-month-old daughter, who died from what authorities say was "shaken baby syndrome." Raymond Riego Jr., 39, was charged with second-degree murder, accused in the Jan. 30 death of Madison Nicole Hughes.



The incident reportedly happened Jan. 26 or Jan. 27, inside an Annette Drive home belonging to her mother's family. Riego is originally from Buras but apparently was residing at the home, authorities have said.
The infant's maternal family reportedly told the Jefferson Parish Sheriff's Office she slept with Riego overnight. But early on Jan. 27, a relative who went into Riego's bedroom noticed the infant "was limp, gasping for air," Detective Travis Eserman testified during a March 12 hearing in the 24th Judicial District Court.
She was later reportedly declared brain dead, caused by "unaccidental trauma," Eserman testified. The autopsy confirmed "closed head trauma consistent with shaken baby syndrome," he testified.
Riego was initially booked with second-degree cruelty to a juvenile, then reportedly booked with an additional murder charge after Madison died. The Jefferson Parish district attorney's office declined to pursue the cruelty charge, "because that's encompassed in the murder charge," Assistant District Attorney Sunny Funk said.
Riego reportedly admitted he shook the baby, but only after the autopsy, Eserman testified. "He told us he knew we wound find something at autopsy," Eserman testified. "He knew that he caused it."
Riego is held in the Jefferson Parish Correctional Center in lieu of a $1 million bond, Funk said. His case has been assigned to Judge Hans Liljeberg's court, records show. The case record does not reflect whether he has an attorney. His arraignment is expected to be Friday.
Second-degree murder carries a mandatory life sentence with no probation, parole or suspended sentence.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com




Tuesday, June 12, 2012

In Illinois, Prosecutor says Fairview Heights heroin user admitted shaking baby | Shaken Baby Syndrome


Opening statements reportedly began Tuesday afternoon in the first-degree murder trial of a Fairview Heights man accused of using heroin while killing a 5-month-old girl.
St. Clair County Assistant State's Attorney Nicole Rice said Kenneth Zook, 26, admitted to shaking Alayna Frazier on Feb. 17, 2008, and demonstrated to police how he shook her.
Rice said Zook confessed, "I shook the baby ... I (expletive) shook her because she wouldn't stop crying."
"He shook her five times," Rice said.
"Then, ladies and gentlemen, she stopped crying. Then, she stopped breathing."
Rice said doctors believe Alayna's injuries were indicative of "purposeful trauma" or "nonaccidental trauma."
Alayna was reportedly found on the floor of her mother's apartment at 1001 Belle Valley Drive in Belleville. She later died at Cardinal Glennon Children's Medical Center in St. Louis.
Defense attorney Thomas Q. Keefe III argued that the baby's injuries were inconsistent with shaking, and that the jury should hold Zook responsible for involuntary manslaughter, not first-degree murder.
On the day in question, Zook and Alayna's mother, Kayla Frazier, reportedly went to St. Louis to buy heroin and injected themselves on the ride home. Alayna and Kayla Frazier's toddler daughter, Isabella, were in the back seat.
Keefe said the evidence reportedly shows that they both "shot a lot of heroin."
"You can't hide behind the drug," Keefe said. "You're still responsible. You're still accountable ... At the end of the case, he will be held accountable."
Keefe said Zook told police what happened: He blacked out from the heroin, and then he dropped Alayna or fell on top of Alayna.
Keefe reportedly said the medical evidence shows Alayna died from blunt force trauma and that the autopsy does not mention Alayna was shaken.
If shaking caused Alayna's death, then her spinal cord and organs would have been damaged and there should have been bruises where she was held, Keefe said.
"None of it is there," Keefe said. "What he said happened couldn't have happened."
Keefe said police elicited a confession from Zook. "They walked him right into it."
For about an hour, jurors reportedly watched a video of Zook's interview with police in which he recounted how he and Kayla Frazier acquired heroin and returned to her home.
Zook said he fed Alayna with a bottle while Kayla Frazier was in the shower. He said Alayna was sleepy, but fine, and he put her in a baby bed upstairs.
Afterward, he injected two more buttons of heroin. He went back to Alayna when she started to cry.
Zook said he then blacked out and fell on the bed. Then he told police he blacked out and dropped her.
Police told Zook that Alayna's injuries were not consistent with suffocation or a fall and asked if something else happened. They asked Zook if he knew about shaken baby syndrome and said medical evidence could show how many times a baby was shaken.
Police then asked Zook how many times he shook Alayna, if her head hit her back or chest and if she continued to cry.
"She wouldn't stop crying," Zook said. "She didn't want to go to bed."
Zook used a doll to demonstrate to police how he held Alayna and how hard he shook Alayna.
After police questioned Zook, he called Kayla Frazier from the interview room.
"I told them I shook the baby," Zook told her. "Please listen to me. Don't cry ... I'm so sorry. I made a mistake ... I want to hang myself in this cell ... I did the right thing by admitting what I did ... It was an honest to God mistake ..."
Zook wore jeans, a dark gray sweater and black glasses to court Tuesday. He rested his chin on his left fist as the video played, taking notes and talking to his attorney at times.
The prosecution team also called Alayna's father, Roy Frazier, as their first witness and showed jurors a photo of Alayna taken about two months before she died. Belleville Police Detective Sgt. Matthew Eiskant also testified that he interviewed Zook three times.
Kayla Frazier, 27, was charged with endangering the health of a child. She pleaded guilty to a misdemeanor charge and was sentenced to probation. She was later charged with other crimes and is currently serving a three-year sentence at the Lincoln Correctional Center.
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If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com




Read more here: http://www.bnd.com/2012/06/05/2200509/prosecutor-says-fairview-heights.html#storylink=cpy