I typed up the 49 charges as read into the record during yesterday's hearing. I've no idea why felony murder is repeated at counts 2, 4 and 6. The evidence for the charges is described underneath each block of charges in non-bolded type.
49 counts:-
1. Malice murder.
2. Felony murder.
3. Aggravated assault.
4. Felony murder.
5. Cruelty in the first degree.
6. Felony murder.
7. Aggravated battery.
Death of Laila Daniel Nov 17th 2015. Cause of death – blunt force injury to abdomen, pancreas, liver and small intestine. Only 2 people in home at time were Jennifer Rosenbaum and Millie Place. Injuries occurred within 1 hour of symptoms being visible to persons in home.
8. Murder in the second degree – Joseph.
9. Underlying cruelty in the second degree - Joseph.
Cause of injury blunt force trauma (as above). Defendant was negligent in leaving the children in Jennifer R’s care, knowing that she had previously abused Laila. Evidence comes from Millie testifying that when Jennifer would spank her and Laila with a belt on their skin it occurred in the bedroom when the defendant was present in the room, he did nothing and she denied he was asleep. So he had knowledge this abuse was going on. Also in interview Millie said that when they had bruises Joseph would put cream on her bruises. Corroborated by CSI photo of cream in defendants’ bedroom. On date of incident Joseph was caring for the children until Jennifer came home, he had assisted Laila in the bathroom and would have seen those injuries that were on Laila’s body at that time. Also when Millie spoke to her therapist she said she heard Joseph say to Jennifer in argument “to kill Laila”. It can be inferred that they were arguing about the abuse that Jennifer was inflicting on the children and Joseph was warning her that she was going to kill Laila if she continued. He was a caregiver, he was responsible for these children, he was the foster father, he bathed and changed the children.
10. Injuries to Laila’s head – Jennifer, Nov 17th 2015.
11. Ditto.
Acute (fresh) injuries testified to by pathologist.
12. Aggravated assault and cruelty to children – Jennifer and Joseph, Nov 15th 2015
13. Ditto.
Sub-acute - Blunt force to Laila’s head – abrasions starting to scar. Jennifer’s statement that they were the only two people who cared for the children in the two weeks prior to Laila’s death.
14. Aggravated assault and cruelty to children in the first degree – Jennifer and Joseph, other dates.
15. Ditto.
Blunt force to Laila’s head – from witnesses who saw bruises, one at Noah’s Ark on Oct 17th 2015, one (GymTech) on Nov 2nd 2015. Pathologist also testified to three different time periods of head injuries.
16. Aggravated assault – Jennifer, Nov 17th 2015, blunt force to Laila’s back.
17. Cruelty in first degree – Jennifer, ditto
18. Aggravated assault – Jennifer and Joseph, Nov 15th 2015, blunt force to Laila’s back.
19. Cruelty in the first degree – Jennifer and Joseph, Nov 15th 2015, ditto.
Pathologist testimony – some injuries were fresh (within 1 hour of death), others were healing.
20. Aggravated assault – Jennifer, Nov 17th 2015, blunt force to Laila’s chest, abdomen, hip and/or torso.
21. Cruelty to children in the first degree – Jennifer, ditto
22. Aggravated assault – Jennifer and Joseph, Nov 15th 2015, ditto
23. Cruelty in the first degree – Jennifer and Joseph, Nov 15th 2015, ditto
Pathologist testimony – acute and healing injuries. Including liver laceration and bruising of diaphragm.
24. Aggravated assault – Jennifer, Nov 17th 2015, blunt force to Laila’s pubic and vaginal area
25. Cruelty in the first degree – Jennifer, Nov 17th 2015, ditto
26. Aggravated assault – Jennifer and Joseph, Oct 20th to Nov 10th 2015, ditto
27. Cruelty in the first degree – Jennifer and Joseph, ditto
Pathologist testimony – acute and subacute injuries (meaning they occurred on different dates), acute on day of death, subacute earlier date range.
28. Aggravated assault – Jennifer, Nov 17th 2015, injury to Laila’s buttocks
29. Cruelty in the first degree - ditto
30. Aggravated assault – Jennifer and Joseph, Nov 15th 2015, ditto
31. Cruelty in the first degree – Jennifer and Joseph, Nov 15th 2015, ditto
Pathologist testimony – injuries were a few hours old, and older (also testimony by another doctor witness.)
32. Aggravated assault – Jennifer and Joseph, Oct 20th to Nov 10th 2015, blunt force to Laila’s arm.
33. Cruelty in the first degree – Jennifer and Joseph, ditto.
Not the fractures but the bruises. Dr Duxbury examined Laila on Oct 20th and he didn’t see any bruising, so the date range is between Oct 20th and Nov 10th.
34. Cruelty in the first degree – Jennifer and Joseph, Oct 20th to Nov 6th 2015, fracturing Laila’s left arm.
35. Aggravated battery – Jennifer and Joseph, ditto.
Pathologist testimony injury approx. 2 wks old, Dr Duxbury injury healing and 3-4 wks old, Dr Manny (Sp?) 2-3 wks old, Dr Evans 3-4 wks old.
36. Aggravated assault – Jennifer and Joseph, Oct 20th to Nov 10th 2015, blunt force to Laila’s leg.
37. Cruelty in the first degree – ditto.
Dr Mesner (Sp?) Laila’s inner right thigh and back of right leg hyperpigmented marks consistent with belt buckle, older than 10 days.
38. Cruelty in first degree – Jennifer and Joseph, Oct 17th to Oct 19th 2015, fracturing Laila’s right leg.
39. Aggravated battery – ditto.
Visit to Dr Duxbury Oct 20th, according to Jennifer it happened Oct 15th or 16th, Lowe saw Laila Oct 19th, Mr Coppinger said Jennifer told him it occurred Oct 18th,. Dr Manny (Sp?) injury few weeks old.
40. Cruelty in first degree – Jennifer and Joseph, Oct 20th to Nov 6th, fracturing Laila’s rib.
41. Aggravated battery – ditto
Pathologist’s testimony, healing fracture, caused by blunt force trauma.
42. Cruelty in first degree – Jennifer and Joseph, Oct 20th to Nov 6th, fracturing Millie’s left arm.
43. Aggravated battery – ditto
Dr Duxbury, healing injury 2-3 wks old, not consistent with injury in gymnastics with hitting knee to arm.
44. Aggravated assault – Jennifer and Joseph, Nov 15th 2015, blunt force to Millie’s head and neck.
45. Cruelty in first degree – ditto.
Dr Messner and Nurse Kelly Jimison injuries to protected area, less than 0.2% cases where that would be an accidental injury.
46. Aggravated assault – Jennifer and Joseph, Nov 15th 2015, blunt force to Millie’s buttocks, hip and back
47. Cruelty in first degree – ditto
Millie testified that Jennifer would strike her with belt. Dr Messner injuries to Millie’s right side consistent with belt, and not consistent with accidental fall or gymnastics injury.
48. Cruelty in second degree – Jennifer and Joseph, Oct 20th to Nov 15th 2015, cruel and excessive physical and mental pain by failing to seek necessary and adequate medical attention for injuries to Laila.
Numerous occasions, most obvious is injury to her leg and delay in seeking attention, would have been painful.
49. Ditto (48.) re. Millie.
Most obvious is Millie’s broken arm, no explanation given that could account for that injury and also injuries to the side of her body, hips and buttocks and she said it was painful.
