Found Deceased TN - Evelyn Boswell, 15 months, Sullivan County, 26 DEC 2019 *MOM ARRESTED* #9

*********WARNING: GRAPHIC DETAILS******************


BLOUNTVILLE, Tenn. (WCYB) — A forensic pathologist testified Friday in Sullivan County that she believes Evelyn Boswell died from asphyxia.

Dr. Darinka Mileusnic-Polchan was called by the state to testify, and believes that Evelyn died by asphyxia with 4 different mechanisms present. It is believed that Evelyn was upside down in a trash can and suffocated by a blanket and aluminum foil.

Special agent Brian Fraley with the Tennessee Bureau of Investigation testified regarding when Evelyn's remains were found. He testified that when authorities opened a playhouse door on the Boswell family property, there was a trash can and trash bag with Evelyn's body inside.

[..]

Graphic details of Evelyn's death were also brought up during the motions hearing on Friday. Dr. Darinka Mileusnic-Polchan testified that the blanket wrapped around Evelyn's neck was so tight it caused indentions on her face.

Judge Goodwin ultimately ruled around half of the photos in question would be allowed during trial. One of the photos allowed will also be shown to a jury in black and white, instead of color.

The decision did not come as a surprise to Megan's attorney, Brad Sproles.

[..]

Boswell will be back in court on December 16th 2022, where a hearing is scheduled to take up a change of venue motion.

Her trial is expected to take place in February 2023.
 
Oh my heart! We read such terrible things here on WS, but honestly I cannot imagine wrapping a baby in tinfoil?!!! Who would even think of that?!! That beautiful little girl, her precious face. Then wrapped again and stuffed in the garbage like trash. Why oh why don’t they give these babies up? Why be so inhumane? How can she feel no emotion for what she did?!

This hurts. This hurts deeply down to my soul
And then put her in a playhouse... 1664117725532.png
 
MB looked at this child’s face, then snuffed the life out of her, and shoved her in a trash bin.

No words. :( :mad:

View attachment 368341

This is it. This is the photo. It's not possible to do what she did.

But it was.

We will never understand because we have hearts.

I hope she never gets to see outside a prison cell for the rest of her life.

(my opinion).
 
This is it. This is the photo. It's not possible to do what she did.

But it was.

We will never understand because we have hearts.

I hope she never gets to see outside a prison cell for the rest of her life.

(my opinion).
My favorite photo. Not visible in this cropped shot, but I just adore her little baby toes, so kissable, and to think this monster murdered her makes me sick.
 
“The disposal of this child was remarkable,” Mileusnic-Polchan said.

“She was sort of compressed in the can … (in an) accordion-like position. There was a severe overextension of her head and neck … an extreme extension. (The blanket) was not just haphazardly placed (around her body). It was tightly wrapped (to) prevent her from breathing … The blanket left imprints on (Evelyn’s skin).”

23-minute video/testimony of Dr Mileusnic-Polchan at the link below:

 
I've had to skip over the links and skipped a few posts, sorry. I'm sickened and heartbroken as it is over this heinous killing. As a grandmother, the youngest is now almost 3, I just say to myself 'how could a mother do this'.

She won't last in prison, believe me.
 

10/19/22

BLOUNTVILLE, Tenn. (WJHL) — The attorney for Megan Boswell, the Sullivan County woman accused of killing her 15-month-old daughter, has filed a motion asking the court to let him withdraw as her counsel.

Brad Sproles, Boswell’s public-appointed defense attorney, filed the motion on Wednesday claiming that “the attorney client relationship has deteriorated to the point that counsel is unable to effectively and zealously represent the Defendant in this matter,” according to court records.

Megan Boswell new lawyer bid: Public defender explains when switch would be appropriate
“Despite the efforts of counsel and the Defendant to rehabilitate the same, the attorney client relationship is not salvageable,” Sproles said in his motion. “Therefore, counsel respectfully requests that he be relieved from further representation of the Defendant, and that the Court appoint her suitable counsel to continue in her defense.”

Sproles is also requesting to stay on the case temporarily in a pro bono status in order to help Boswell’s new attorney with the transfer and organization of case materials.
 
Friday, October 21st:
*Motions Hearing (withdraw as counsel) (@ 9am ET) - TN – Evelyn Mae Boswell (15 mos. DOB 11/21/18) (last seen Dec. 10 or 11, 2019 by babysitter, Blountville, Sullivan County, reported missing Feb. 18, 2020 by State of Tenn. Dept. Child Services; Evelyn’s remains were found on Mar. 6, 2020 at a family member’s property at the 500 block of Muddy Creek Road in Sullivan County; officially id’d Mar. 11, 2020). *Megan “Maggie” Boswell (18/now 21) aka Maggie Wood aka Megan Nicole Kys “mother” arrested & originally charged (2/25/20) with 1 count of false reporting. Bond set at $25K. Bond increased (3/9/20) to $150K. [see below for re-charges].
Indicted (5/18/20) & originally charged (5/28/20) with 11 counts of false reporting. Plead not guilty. Bond stays set at $150K. [see below re re-charges].
Re-Charged & indicted (8/19/20) & arraigned (8/28/20) with 2 counts of 1st degree felony murder, 2 counts of aggravated child abuse & neglect, 1 count of tampering with evidence, 12 counts of false reporting, 1 count of abuse of a corpse & 1 count of failure to report a death suspicious, unusual, or unnatural circumstances. Plead not guilty. $1M bond. Bond reduction denied (12/3/21).
Trial set to begin on 2/6/23. (expected to last 3 to 4 weeks).
Court info from 2/20/20 thru 6/2/22 reference post #542 here:
https://www.websleuths.com/forums/t...nty-26-dec-2019-mom-arrested-9.524628/page-28

6/13/22 Update: Boswell appeared in Sullivan County General Sessions Court, where her legal counsel, Brad Sproles, requested the trial get pushed back to February as fingerprints have been found on a “crucial” piece of evidence. The nature of the evidence was not revealed. Judge Jim Goodwin reset the trial, originally scheduled for 9/26/22 to take place on 2/6/23. Judge acknowledged that if he forced the trial in September & if Boswell was subsequently convicted, they’d just have to retry. He also said that TBI has taken “months & months & months” to get lab results back. Judge Goodwin also moved a motions hearing scheduled for 6/24/22 to 9/23/22. Need motion for photographs? Any new motions besides fingerprint motion must be filed no later than 9/6/22. Next motions hearing 9/23/22 @ 1:30pm to determine the admissibility of photographs & change of venue motions hearing scheduled for 12/16/22 @ 1:30pm.
9/23/22 Update: Boswell attempted to part ways with her public-appointed defense attorney Brad Sproles during a court hearing on Friday, Sept. 23. Boswell told Judge James Goodwin the request came due to “differences of opinion” — including which witnesses to use during the murder trial in February. Boswell said that she & Sproles also had a difficult time preparing for the hearing. Boswell told Goodwin that she felt “uncomfortable” going forward to the trial with Sproles as her representation. She said the two have been at odds & had experienced difficulties preparing for Friday’s hearing, leading to doubt about their ability to work together at the trial. “It’s not making sense to me,” said Goodwin. “Those are not valid reasons to fire a lawyer. If that’s it, then the request is denied.” Dr. Darinka Mileusnic-Polchan took the stand. Mileusnic-Polchan is the chief medical examiner for Knox & Anderson counties. She also has an active license to practice medicine in Tennessee. Mileusnic-Polchan said she found that Evelyn’s cause of death was asphyxia in four different places. She also said that it was, in her opinion, a homicide. In TBI Agent Brian Fraley’s earlier testimony, he said that Boswell had previously said Evelyn died in an accident while co-sleeping with her & her then-boyfriend. Mileusnic-Polchan refuted that statement, saying Evelyn was too old at the time of her death to have died in such a manner & the environment was not conducive to that type of death. According to Mileusnic-Polchan, there was a “mechanical obstruction” to Evelyn’s airway in the form of foil & a blanket had been tightly wrapped around her head. Mileusnic-Polchan described several of the photos as disturbing, particularly Exhibit 23, which she said shows how tightly a thick fleece blanket was wrapped around Evelyn’s head. She went into further detail on how creatures like flies & maggots had damaged the body during its decomposition. Judge James Goodwin looked over each photo individually after hearing closing arguments. One photo, Exhibit 16, was omitted after Goodwin said there was something that “absolutely bothers” him, making him worry about the jury members. Another, Exhibit 14, was disallowed after Goodwin said it was cumulative with another. Exhibits 20-22 were ruled cumulative & were not allowed. Exhibit 23, described as a close-up of Evelyn’s face after the layers had been removed was disallowed. Goodwin asked for Exhibit 25 to be presented in black & white due to some details within. Of the photos in question, Exhibits 12, 13, 15, 17, 18, 19, 24, 25 & 26 were allowed to be used as evidence. Goodwin said the next court date was set for 12/16/22 at 1:30pm for motion/petition hearing.
10/19/22 Update: Brad Sproles, Boswell’s public-appointed defense attorney, filed the motion on Wednesday to withdraw as Boswell's counsel claiming that “the attorney client relationship has deteriorated to the point that counsel is unable to effectively & zealously represent the Defendant in this matter,” according to court records. Boswell's new lawyer bid: Public defender explains when switch would be appropriate. “Despite the efforts of counsel & the Defendant to rehabilitate the same, the attorney client relationship is not salvageable,” Sproles said in his motion. “Therefore, counsel respectfully requests that he be relieved from further representation of the Defendant & that the Court appoint her suitable counsel to continue in her defense.” Sproles is also requesting to stay on the case temporarily in a pro bono status in order to help Boswell’s new attorney with the transfer & organization of case materials. Motion hearing set on 10/21/22.
 

Sullivan County Criminal Court Judge James Goodwin on Friday allowed Megan Boswell’s current attorney to withdraw from her case and appointed a new attorney. The move will delay her Feb. 6, 2023, trial.
 

Sullivan County Criminal Court Judge James Goodwin on Friday allowed Megan Boswell’s current attorney to withdraw from her case and appointed a new attorney. The move will delay her Feb. 6, 2023, trial.

from the article:

Goodwin appointed Jonesborough attorney Gene Scott Jr. to replace Sproles. The judge and Sullivan County District Attorney General Barry Staubus acknowledged the change in legal counsel would delay Boswell’s upcoming trial. Goodwin set a Dec. 14 status hearing at which a new trial date likely will be set.
 
from the article:

Goodwin appointed Jonesborough attorney Gene Scott Jr. to replace Sproles. The judge and Sullivan County District Attorney General Barry Staubus acknowledged the change in legal counsel would delay Boswell’s upcoming trial. Goodwin set a Dec. 14 status hearing at which a new trial date likely will be set.
Ive heard of GSJr, he has a reputation for 'getting things done'. This is really surprising, I wonder what the real reasons behind Sproles withdrawal was actually about.

MOO
 
Ive heard of GSJr, he has a reputation for 'getting things done'. This is really surprising, I wonder what the real reasons behind Sproles withdrawal was actually about.

MOO
No surprise to me-- Sproles has previously advised the court of conflict with his young client and seemed to go above and beyond to make it work.

By asking the court for permission to withdraw (while offering to assist new counsel to catch up on the case details for free), I think the Court accepted his word. Granting permission to withdraw at this stage is rare, and seems to me that the Court must agree with Sproles that it's in the best interest of justice for both the client and the People. MOO
 
OCT 21, 2022
heraldcourier.com

New attorney for Boswell likely means trial delay

[...]

Sullivan County Criminal Court Judge James F. Goodwin granted the motion by Boswell’s attorney, Brad Sproles, to withdraw from the case after he and Boswell had an apparent falling out. Sproles told Goodwin during Friday’s brief hearing he felt the attorney-client relationship was broken beyond repair.

Sproles was subsequently dismissed from the case.

In September, Boswell herself spoke up and requested that Goodwin appoint her a new lawyer over “differences of opinion” with Sproles, who stated that their relationship had deteriorated to the point where it impeded their ability to prepare.

[...]
 

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