So the defense is the little baby had a pre-existing "life threatening" medical condition in his skull. I say BS. But regardless, how is it even relevant? She threw the child to the floor, thus causing his death. It is disgusting what a medical "professional" will say on the witness stand when it comes to money.
i watched both the original 48 hours episode on this case in february, and the one last saturday which had the game changing update...
It turned out the defense team was right.
It was the State medical witnesses that were lying. alot. about everything.
1) there was an old injury (the preivious coroner denied this at trial but admittted it in an affidavidt in 2013)
2) the new coroner says it was a signifigant innury.
3) there was no 'one to two story fall impact'. there was no new injury that day (january 14th 2009) at all. (per the newly discovered xrays.)
other points of intrest brought up in posts here and other places i've read.
1) 'how did no one hear her slam the baby down like that?" easy answer. it never happened.
2) 'why did the daycare owner make the other worker lie in her statement?'. the daycare owner was going on melissa's confession. she had no clue or care as to melissas' gullt/innocnece at that point. she was only intrested in covering her OWN behind.
3) the same witness who testifed that the daycare owner told her to lie, also testified that on the morning that benjamin died, he did one of his 'headbanging' incidents on the floor. this would explain how the old injury was reopened. she also testified melissa wasnt present in the room when this happened.
4 the 'old injury' occured before melissa even transferred to that daycare center.
now about that 'confession'. that melissa has a low 'verbal iq' is not really important actually. kevin fox presumably has a higher iq, was the father of the victim, and it had been 5 months since his daughter was murdered...........and yet it only took him 4 more hours then melissa to confess to killing his daughter (which he was exonerated of later and the real killer caught)
she is in a locked room. with police officers cornering her. literally. playing every mind game police know......first they yell at her. then the swear at her. then they play the 'we just want to help you' card. then the 'just say it was an accident. then they hit her wit what turns out to be completley bogus medical evidence.....and of course 'just say this and we can all go home'.......and, she really did believe they would let her out if you see that tape.......saying that she wants to go home and is worried about her parents and 'wants to see her puppy.....''most importantly, the confession does NOT match the evidence. in fact, the so called evidence doesnt match the evidence.....it was a complete fabrication.
the new coroner has changed benjamin's cause of death from 'murder' to 'undetermined'. kathleen zellner (she who worked to free kevin fox and ryan fergerson) has filed for a new trial. the states attorney is still playing games....i hope someone does the right thing and drops these charges without a trial.
i cannot say if benjamin was murdered. but i can fully say that melissa is innocent, 100 percent.
that is all JMO.
