GUILTY IA - Gabriel McFarland, 4 mos, dies of head trauma, Des Moines, 22 April 2014

  • #161
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Thanks,

Salem
 
  • #162
Here is the father who is charged with killing little Gabriel

1_mug_weehler-smith_drew.jpg
 
  • #163
Donjeta beat me to it. Abusive head trauma is not a "lay" definition. If anything, shaken baby syndrome is a lay term for the presence of certain findings. Abusive head trauma is a technical term which denotes certain types of injury, which are not exclusively SBS.

And honestly, even if it IS shaken baby syndrome, LE and medical experts are well aware of the timelines of such things, and if it happened when the baby was in the care of the mother, she'd be arrested and charged now, too.

Let's be honest. Based on what's been reported, this case is not going to trial. The kid arrested is in all likelihood guilty. I say this as a defense attorney. Most cases don't go to trial, and in cases like this, the person who has been arrested are very likely guilty. This case is nothing like the subset of shaken baby cases where doubt has been cast on the accuracy of the findings. There's absolutely no reason to go through such convoluted leaps to blame the mother, simply because it might be a defense raised if this case went to trial.

You misunderstood. Abusive heard trauma is scientific name for shaken baby syndrome. So shaken baby syndrome is the lay definition.
As for being honest. This guy is charged with first degree murder.
I fail to see why this case won't go to trial, considering all the scientific confusion that is present around shaken baby syndrome cases.
If you google it, you will see that there are people who got released from prison after being convicted for shaken baby syndrome, precisely because of all the issues surrounding timeline, and whether the trauma could have occurred some other way.
 
  • #164
I am having no luck in finding his social media.
 
  • #165
You misunderstood. Abusive heard trauma is scientific name for shaken baby syndrome. So shaken baby syndrome is the lay definition.
As for being honest. This guy is charged with first degree murder.
I fail to see why this case won't go to trial, considering all the scientific confusion that is present around shaken baby syndrome cases.
If you google it, you will see that there are people who got released from prison after being convicted for shaken baby syndrome, precisely because of all the issues surrounding timeline, and whether the trauma could have occurred some other way.

ITA. There is no reason this case shouldn't go to trial. He's a teen charged as an adult. The timeline is critical to his defense as it is in all similar cases. I find it unusual that he has been charged but his arraignment is delayed.

JMO
 
  • #166
You misunderstood. Abusive heard trauma is scientific name for shaken baby syndrome. So shaken baby syndrome is the lay definition.
As for being honest. This guy is charged with first degree murder.
I fail to see why this case won't go to trial, considering all the scientific confusion that is present around shaken baby syndrome cases.
If you google it, you will see that there are people who got released from prison after being convicted for shaken baby syndrome, precisely because of all the issues surrounding timeline, and whether the trauma could have occurred some other way.

First off, again, abusive head trauma is not shaken baby syndrome. It is a term for many types of head injuries which includes shaken baby syndrome. It is not solely shaken baby syndrome. It can include, among other things, blunt force trauma.


As I mentioned before, I worked on a shaken baby case (our client was acquitted). I'm quite aware of cases in which people have been released. I've done case workup and consults with many of the major doctors who are now challenging what we thought we knew about SBS, including Dr. Patrick Barnes. There's no reason to keep correcting me as if I do not understand the situation or the science behind it. The cases in which people have been released or acquitted are very different from this. I could write you an essay about it, as it's a complex situation. But frankly, I don't see a need to turn this into a huge debate about shaken baby syndrome. We're nowhere near the point of a trial.

Furthermore, over 90% of criminal cases settle. This murderer has likely confessed. As with most cases of abusive head trauma, poor little Gabriel probably has other fractures or injuries on other parts of his body. Even if the science of shaken baby syndrome is debated, the experts you need for a separate autopsy, for consults, for testimony - that costs thousands of dollars. An attorney isn't going to pursue that unless there are indications that the defense would be viable. And in most of these child abuse cases, it's not.

He's guilty and he's going to plead. That's the way most of these cases go. Yes, there are instances where people are acquitted or released post-conviction, but those are the exception, not the rule. Baby Gabriel died brutally at the hands of his father. Unless and until there's indications in the media that this case will go to trial, and that a shaken baby defense will be presented, it's needless to discuss the ins and outs of SBS - and I think it detracts from where the focus of this case should be, on Gabriel.
 
  • #167
  • #168
Salem, Thanks for checking in here. I know you are all going through a lot right now.

We owe it to the mods to keep on task and to post responsibly and according to TOS.
 
  • #169
Deleted - mug shot was for another person mentioned in the article. My bad.
 
  • #170
  • #171
Thanks. I knew I heard it was delayed but couldn't remember where I heard it. It will be an interesting trial to watch because the baby was only in his care under an hour.



JMO


Which is why I'm leaning toward blunt force trauma. He either slammed that baby down hard on something or struck the baby with something. IMO




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  • #172
Which is why I'm leaning toward blunt force trauma. He either slammed that baby down hard on something or struck the baby with something. IMO




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I think he would have immediately been charged with murder if doctors found evidence of recent blunt force trauma. The fact that he wasn't charged with murder until after the autopsy was completed is an indication to me that something more is going on.

JMO
 
  • #173
I think he would have immediately been charged with murder if doctors found evidence of recent blunt force trauma. The fact that he wasn't charged with murder until after the autopsy was completed is an indication to me that something more is going on.

JMO


Not really. They can not charge someone with murder until they know the cause of death.
 
  • #174
Not really. They can not charge someone with murder until they know the cause of death.

Which was my point. Recent blunt force trauma would have been diagnosed by the doctors treating him at the hospital.

Instead, an autopsy was necessary to determine cause of death and manner of death. Cause of death wasn't blunt force trauma, it was abusive head trauma.

JMO
 
  • #175
Which was my point. Recent blunt force trauma would have been diagnosed by the doctors treating him at the hospital.

Instead, an autopsy was necessary to determine cause of death and manner of death. Cause of death wasn't blunt force trauma, it was abusive head trauma.

JMO

All this dissection of terms.. IT does not matter. The father killed the boy. He either struck him or beat him or shook him or crushed him

I don't know how any of it matters. The killer is in jail.
 
  • #176
and round we go. It is linked several places upthread so I will not track it down to link it here.

Abusive Head Trauma is a broad category under which BOTH shaken baby or blunt force trauma can and DO fall.

While a medical doctor at a treating hospital can certainly look at a child and if they see obvious signs of a head injury determine that was the probable COD. LE simply waited for the actual medical examiner whose role it is to make that determination before charging the father.

Doctors MAY HAVE diagnosed blunt force trauma, but only a medical examiner can do an autopsy, determine COD and MOD and THAT is the person whose findings will be used at trial.

Why on earth would LE charge someone based on an ER doc's diagnosis when an autopsy is what is going to be used in court to try someone??

In other words the autopsy may or may not have been necessary to know what Gabriel died from. WE DO NOT KNOW.

WE ARE SPECULATING.

Therefore, no one is going to win this debate unless and until we get to a trial setting and what exactly the ER docs were able to visibly diagnose or not is testified to.

But you cannot say an autopsy was "necessary" to determine COD.

It is necessary for procedural reasons. That is true. But we have no clue if it was necessary because baby showed no sign of visible trauma. That is pure conjecture.

Why would LE rush to charge someone based on an ER doc diagnosis when they know full well the perp can and is being charged with other crimes and is going nowhere til the autopsy has been done and other charges can always be added?
 
  • #177
and round we go. It is linked several places upthread so I will not track it down to link it here.

Abusive Head Trauma is a broad category under which BOTH shaken baby or blunt force trauma can and DO fall.

While a medical doctor at a treating hospital can certainly look at a child and if they see obvious signs of a head injury determine that was the probable COD. LE simply waited for the actual medical examiner whose role it is to make that determination before charging the father.

Doctors MAY HAVE diagnosed blunt force trauma, but only a medical examiner can do an autopsy, determine COD and MOD and THAT is the person whose findings will be used at trial.

Why on earth would LE charge someone based on an ER doc's diagnosis when an autopsy is what is going to be used in court to try someone??

In other words the autopsy may or may not have been necessary to know what Gabriel died from. WE DO NOT KNOW.

WE ARE SPECULATING.

Therefore, no one is going to win this debate unless and until we get to a trial setting and what exactly the ER docs were able to visibly diagnose or not is testified to.

But you cannot say an autopsy was "necessary" to determine COD.

It is necessary for procedural reasons. That is true. But we have no clue if it was necessary because baby showed no sign of visible trauma. That is pure conjecture.

Why would LE rush to charge someone based on an ER doc diagnosis when they know full well the perp can and is being charged with other crimes and is going nowhere til the autopsy has been done and other charges can always be added?

We'll have to agree to disagree. The result of the autopsy was Abusive Head Trauma, not blunt force trauma. I think the person conducting the autopsy is aware they are not one and the same thing.

JMO

http://kidshealth.org/parent/medical/brain/shaken.html
 
  • #178
We'll have to agree to disagree. The result of the autopsy was Abusive Head Trauma, not blunt force trauma. I think the person conducting the autopsy is aware they are not one and the same thing.

JMO

http://kidshealth.org/parent/medical/brain/shaken.html

It does not matter. The father killed the baby. I don't think it matters to the loved ones whether he was beaten or shaken to death. It is completely ridiculous. I am sure when he has his trial all the ugly details will come out.
 
  • #179
Shaken baby syndrome is a term often used by physicians and the public to describe abusive head trauma inflicted on infants and young children. Although the term is well known and has been used for a number of decades, advances in the understanding of the mechanisms and clinical spectrum of injury associated with abusive head trauma compel us to modify our terminology to keep pace with our understanding of pathologic mechanisms. Although shaking an infant has the potential to cause neurologic injury, blunt impact or a combination of shaking and blunt impact cause injury as well. Spinal cord injury and secondary hypoxic ischemic injury can contribute to poor outcomes of victims. The use of broad medical terminology that is inclusive of all mechanisms of injury, including shaking, is required. The American Academy of Pediatrics recommends that pediatricians develop skills in the recognition of signs and symptoms of abusive head injury, including those caused by both shaking and blunt impact, consult with pediatric subspecialists when necessary, and embrace a less mechanistic term, abusive head trauma, when describing an inflicted injury to the head and its contents.

http://pediatrics.aappublications.org/content/123/5/1409.abstract

an interesting study on abusive head trauma and the male to female ratio of perps

http://pediatrics.aappublications.org/content/127/4/649.abstract

II. FROM SBS TO AHT: A DIAGNOSIS IN FLUX
Our increased understanding of the infant brain and the
biomechanics of injury is reflected in an evolving terminology that
acknowledges the flaws in the original SBS hypothesis.19 Despite
widespread acknowledgement of these flaws, the new terminology,
AHT retains the automatic diagnosis of abuse for the medical
findings previously attributed to shaking and rests on the same
assumptions as SBS, many of which have been discredited or
disproven.20 After clarifying the terminology, we discuss the shifts in
the literature that resulted in the new terminology. We then identify
the areas of current agreement and debate.

A. A Plethora of Terms
In addressing the changes in the SBS/AHT hypothesis, it is
important to distinguish between five terms and diagnoses:
“shaking,” “shaken baby syndrome,” “shaken impact syndrome,”
“abusive head trauma,” and “blunt force trauma.” Much of the
disagreement in this area reflects the confusion of these terms and
conflation of the underlying concepts.


1. Shaking.
“Shaking” refers to the physical act of shaking a child,
irrespective of injury. Shaking to punish or in frustration is always
inappropriate. In infants with large heads and weak necks—or even
in older children—violent shaking may lead to disastrous
consequences, particularly in a child with predisposing factors.

2. Shaken baby syndrome.
“Shaken baby syndrome” (SBS) refers to the hypothesis that
violent shaking may be reliably diagnosed based on the triad of
subdural hemorrhage, retinal hemorrhage, and encephalopathy
(brain damage) if the caretakers do not describe a major trauma
(typically described as equivalent to a motor vehicle accident or fall
from a multistory building) and no alternative medical explanation is
identified. Under this hypothesis, the rapid acceleration and
deceleration of shaking causes movement of the brain within the
skull, resulting in the traumatic rupture of bridging veins, retinal
blood vessels, and nerve fibers throughout the brain (diffuse axonal
injury). This hypothesis came into question when biomechanical
studies consistently concluded that shaking generated far less force
than impact, did not meet established injury thresholds, and would
be expected to injure the neck before causing bridging vein rupture
or diffuse axonal injury.

3. Shaken impact syndrome.
“Shaken impact syndrome” was advanced to address the
biomechanical criticisms of shaking as a causal mechanism for the
triad. Under this hypothesis, subdural hemorrhage, retinal
hemorrhage, and encephalopathy were attributed to shaking
followed by impact, such as tossing or slamming the child onto a
hard or soft surface. If there were no bruises or other signs of impact,
it was hypothesized that the child was thrown onto a soft surface,
such as a mattress or pillow.

4. Abusive head trauma.
As shaking came under increasing scrutiny, a plethora of new
terms arose that did not invoke shaking as a mechanism.21 At
present, the most popular replacement term—and the term used by
Dr. Narang—is abusive head trauma, or AHT. AHT refers to any
deliberately inflicted injury to the head, regardless of mechanism.
In
2009, the American Academy of Pediatrics recommended that
pediatricians use this term instead of SBS but endorsed shaking as a
plausible mechanism based on confession evidence.22 AHT also
includes hitting the child on the head, crushing the child, throwing
the child onto a hard or soft surface, or any other conceivable manner
of harming the head. Under the AHT hypothesis, such acts may be
inferred from the triad of findings previously attributed to shaking,
with or without other evidence of trauma, at least in the absence of
another acceptable explanation. Used in this sense, AHT is most
often used by pediatricians.

http://www.law.uh.edu/hjhlp/Issues/Vol_122/Barnes.pdf

the above is a very interesting and comprehensive article from the legal perspective. Recommended reading
 
  • #180
Shaken baby syndrome is a term often used by physicians and the public to describe abusive head trauma inflicted on infants and young children. Although the term is well known and has been used for a number of decades, advances in the understanding of the mechanisms and clinical spectrum of injury associated with abusive head trauma compel us to modify our terminology to keep pace with our understanding of pathologic mechanisms. Although shaking an infant has the potential to cause neurologic injury, blunt impact or a combination of shaking and blunt impact cause injury as well. Spinal cord injury and secondary hypoxic ischemic injury can contribute to poor outcomes of victims. The use of broad medical terminology that is inclusive of all mechanisms of injury, including shaking, is required. The American Academy of Pediatrics recommends that pediatricians develop skills in the recognition of signs and symptoms of abusive head injury, including those caused by both shaking and blunt impact, consult with pediatric subspecialists when necessary, and embrace a less mechanistic term, abusive head trauma, when describing an inflicted injury to the head and its contents.

http://pediatrics.aappublications.org/content/123/5/1409.abstract

an interesting study on abusive head trauma and the male to female ratio of perps

http://pediatrics.aappublications.org/content/127/4/649.abstract

II. FROM SBS TO AHT: A DIAGNOSIS IN FLUX
Our increased understanding of the infant brain and the
biomechanics of injury is reflected in an evolving terminology that
acknowledges the flaws in the original SBS hypothesis.19 Despite
widespread acknowledgement of these flaws, the new terminology,
AHT retains the automatic diagnosis of abuse for the medical
findings previously attributed to shaking and rests on the same
assumptions as SBS, many of which have been discredited or
disproven.20 After clarifying the terminology, we discuss the shifts in
the literature that resulted in the new terminology. We then identify
the areas of current agreement and debate.

A. A Plethora of Terms
In addressing the changes in the SBS/AHT hypothesis, it is
important to distinguish between five terms and diagnoses:
“shaking,” “shaken baby syndrome,” “shaken impact syndrome,”
“abusive head trauma,” and “blunt force trauma.” Much of the
disagreement in this area reflects the confusion of these terms and
conflation of the underlying concepts.


1. Shaking.
“Shaking” refers to the physical act of shaking a child,
irrespective of injury. Shaking to punish or in frustration is always
inappropriate. In infants with large heads and weak necks—or even
in older children—violent shaking may lead to disastrous
consequences, particularly in a child with predisposing factors.

2. Shaken baby syndrome.
“Shaken baby syndrome” (SBS) refers to the hypothesis that
violent shaking may be reliably diagnosed based on the triad of
subdural hemorrhage, retinal hemorrhage, and encephalopathy
(brain damage) if the caretakers do not describe a major trauma
(typically described as equivalent to a motor vehicle accident or fall
from a multistory building) and no alternative medical explanation is
identified. Under this hypothesis, the rapid acceleration and
deceleration of shaking causes movement of the brain within the
skull, resulting in the traumatic rupture of bridging veins, retinal
blood vessels, and nerve fibers throughout the brain (diffuse axonal
injury). This hypothesis came into question when biomechanical
studies consistently concluded that shaking generated far less force
than impact, did not meet established injury thresholds, and would
be expected to injure the neck before causing bridging vein rupture
or diffuse axonal injury.

3. Shaken impact syndrome.
“Shaken impact syndrome” was advanced to address the
biomechanical criticisms of shaking as a causal mechanism for the
triad. Under this hypothesis, subdural hemorrhage, retinal
hemorrhage, and encephalopathy were attributed to shaking
followed by impact, such as tossing or slamming the child onto a
hard or soft surface. If there were no bruises or other signs of impact,
it was hypothesized that the child was thrown onto a soft surface,
such as a mattress or pillow.

4. Abusive head trauma.
As shaking came under increasing scrutiny, a plethora of new
terms arose that did not invoke shaking as a mechanism.21 At
present, the most popular replacement term—and the term used by
Dr. Narang—is abusive head trauma, or AHT. AHT refers to any
deliberately inflicted injury to the head, regardless of mechanism.
In
2009, the American Academy of Pediatrics recommended that
pediatricians use this term instead of SBS but endorsed shaking as a
plausible mechanism based on confession evidence.22 AHT also
includes hitting the child on the head, crushing the child, throwing
the child onto a hard or soft surface, or any other conceivable manner
of harming the head. Under the AHT hypothesis, such acts may be
inferred from the triad of findings previously attributed to shaking,
with or without other evidence of trauma, at least in the absence of
another acceptable explanation. Used in this sense, AHT is most
often used by pediatricians.

http://www.law.uh.edu/hjhlp/Issues/Vol_122/Barnes.pdf

the above is a very interesting and comprehensive article from the legal perspective. Recommended reading

Thanks. Abusive Head Trauma in a child applies to a head injury that has been inflicted by someone else whether by shaking or dropping down a flight of stairs (death of Cash Bell, who was removed from life support after five days. Nanny convicted.)

The term "Abusive" does not apply to all blunt force trauma head injuries, which can be also be accidental. "Abusive Head Trauma" is child abuse.

Who inflicted it, when it was inflicted, how it was inflicted all must be proved at trial.

http://kidshealth.org/parent/medical/brain/shaken.html
 

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