MA - Remains of 3 infants found, Erika Murray charged, Blackstone, Sept 2014

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Dr. Forkey on 5 month old: “normally a 5 month old is wiggling on the table and moving about, she laid flat...the fact that she wasn’t moving indicated...she was heading into the same type of response as her sister - shutting down” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Dr. Forkey: “We were concerned she had been experiencing a significant amount of neglect as well...based on her muscle tone, positioning” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecution is done with direct questioning of Dr. Forkey. Defense begins cross examination. @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense questions Dr. Forkey on a blog post she wrote for AMA - It deals w/trauma symptoms in an unrelated case and her frustrations that another medical provider wanted to focus on symptoms of neglect, not just environmental causes @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Dr. Forkey agrees with the defense that a doctor “may make a diagnosis through the lens of what they have a specialty for” - her specialty is trauma and how it affects children @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense presses Dr. Forkey on the 5 month old’s weight - it was in the 13th percentile. But Dr. Forkey agrees what matter more is growth for each particular child. @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense presses Dr. Forkey on whether mild malnutrition is actually worrisome at this age. She says, “yes, yes it is” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense says of the 5 month old: “Once she was placed in foster care the muscle tone issues resolved” Dr. Forkey: “That is what I saw on the chart.” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense goes through symptoms the 3yo girl exhibited: “avoiding eye contact...delayed speech and language skills...rocking the body, that’s a trademark symptom of autism, correct?” Dr. Forkey: yes @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “children with autism can be very difficult to comfort...preferring to be left alone” Dr. Forkey: “in some children yes” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “not knowing how to play, is that what you recognize as a symptom of autism” Dr. Forkey: “yes she wasn’t even ready to play” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Dr. Forkey: “She was unfamiliar of how to deal with spoons” Defense: “There were reports of (the 3yo) trying to eat food put in front of her by licking it” Dr. Forkey: “correct” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense presses Dr. Forkey on why she didn’t initially recommend the 3yo be seen for possible symptoms of autism. She says it’s not a simple process. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Dr. Forkey insists that profound delays from neglect can continue for years, it’s not necessarily always blamed on autism. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense suggests if the foster mother had not reached out for an examination for autism, the 3yo wouldn’t have been seen. Dr. Forkey says she is not a specialist in that area. @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense is done with cross examination. Prosecutor begins redirect of Dr. Heather Forkey. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Redirect done, now a brief recross before Dr. Forkey is excused. Testimony is done for the day. Updates on @NBC10Boston & @NECN starting at 4pm #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
I’m at Worcester Superior Court for day 6 of the #Blackstone #HouseofHorrors murder trial. I’ll have live updates here throughout the day. @NBC10Boston @NECN

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
BREAKING: The prosecution rests in the so-called #Blackstone #HouseofHorrors murder trial. @NBC10Boston @NECN

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Erika Murray’s defense attorney is now arguing to the judge that the prosecution didn’t provide enough evidence to support guilty findings. This is very common. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense on the 2 assault & battery charges with the 3yo & 5 month old: “there’s insufficient evidence as to the portion of the indictment that alleges substantial personal injury.” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Murray is facing: 2 counts of 2nd degree murder; 2 counts of assault & battery on a child causing substantial injury; 2 counts of reckless endangerment of a child; 2 counts of cruelty to animals; 1 count of concealing a fetal death @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense attorney Keith Halpern is arguing in relation to the 3yo: “it’s impossible to know which problems may have been caused by neglect, which problems may have been caused by autism, which may have been caused by both” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense on 3yo: “all of the physiological problems...resolved...and within weeks of being placed at the foster home she was walking around like crazy” - he’s arguing the impairment wasn’t permanent @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense on the 2 murder charges: “there’s been insufficient evidence that more than one baby was born alive” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “She had reason to be fearful of disclosing these secrets, including the deaths of these children...whether or not she had anything to do with causing the deaths of these children” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “she describes coming into the room and the baby was not breathing...it was blue...(didn’t call police) she says she panicked” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “concerning her failure to summon assistance (when the babies died/were stillborn)...the Commonwealth has a burden to prove that it would have made a difference” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense is citing case law to support his arguments. This is a key as to why Murray waived a jury trial, the judge has the experience to weigh these issues more appropriately than a jury might. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “there is no evidence to establish that a homicide occurred” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “you have dead bodies and speculation that she probably did something...but that’s just speculation” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “There’s no question that the risk of stillbirth & early neonatal death dramatically increased by having a home birth (in bathroom in filth) - but it doesn’t satisfy the burden of proving that the baby would have lived @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “It is obvious that giving birth without any medical assistance on a bathroom floor is not a good idea and increases the risk of problems” - but don’t know based on the evidence what the outcome would have been otherwise @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense argues there’s no evidence of what the condition of the home was when the babies were born, he suggests the dirty diapers and feces wouldn’t have been throughout the house because those babies didn’t exist at that point @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “you can’t base a murder conviction on ‘that probably would have happened’ because we just don’t know.’” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense is done with its argument backing its motion to dismiss. Prosecution now defends the evidence it provided. @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor: “There’s ample evidence that Erika Murray caused the deaths (of 2 children)...it’s the differential treatment of Erika Murray’s children that makes this case a case of malice” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor says when pressed by police what she would have done if a child she was babysitting fell ill, Murray said: “it was not my baby, I’d have to call 911” - he says this is key to how she treated her 5 younger children @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Judge to prosecutor: “In order for there to be a homicide, the person had to be alive” Prosecutor: “yes” Judge: “address that issue” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Whether or not the dead babies were ever alive is the biggest hurdle for the prosecution to prove as part of its burden of evidence for the murder charges. The judge is really pressing them on this issue now. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
The judge is asking the prosecution which set of infant remains is the one that Erika Murray said in her police interview was alive for a week. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor: the 2 infants that were born alive were clothed Judge: “How can I draw that inference?” Pros: “that’s based on common sense” Judge: “common sense?! You tell me how I can draw an inference on just common sense” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
The judge doesn’t seem convinced that both of the dead babies found clothed were proven to have been born alive. She could decide to throw out some charges at this point as part of the defense motion to dismiss. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor on the 3yo & 5 month old girls being left in the home alone & kept in secret: “this was calculated neglect” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor: the defense seems to suggest that if the child recovers from the injuries caused by the environment they were kept in, that the charges of assault & battery/endangerment no longer apply - that’s not correct @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor: “the house was so unsanitary the board of health in Blackstone had to condemn it” - argues the risk was present for even the 2 children Murray publicly acknowledged as her own @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Prosecutor asks that the defense motion to dismiss charges be denied. Defense asks to address some of the prosecutor’s arguments. Judge allows. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “this was in furtherance of maintaining the secret” of having more than 2 children...”there was no plan or desire to kill anyone” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense argues the fact that the 2 younger children were kept alive “suggests there was no intention to kill anyone, there was simply an intention to hide everything” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense argues the prosecution assertion that because 2 of the dead babies were clothed meant they were born alive is incorrect - beyond that “there’s no evidence of how they died or that they were in distress” @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense: “obviously there are some serious issues in terms of her mental state w/regards to this issue (of keeping the remains of the newborns) she was saving them because they meant something to her because they were her children” @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Defense wraps up its argument and the judge takes a recess before ruling on the defense motion to dismiss. @NBC10Boston @NECN #Blackstone #HouseofHorrors

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
We are still awaiting the judge’s ruling on the defense motion to dismiss some or all of the charges against Erika Murray in the so-called #Blackstone #HouseofHorrors murder trial @NBC10Boston @NECN

Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
The courtroom has begun to fill up as we await Judge Janet Kenton-Walker’s decision on the defense motion to dismiss the charges against Erika Murray. Even though we are in recess, the courtroom is silent. @NBC10Boston @NECN #Blackstone #HouseofHorrors

 

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Alysha Palumbo NBC10 Boston‏Verified account @AlyshaNBCBoston
Murray has just been brought back into the courtroom as we await the judge and her decision. @NBC10Boston @NECN #Blackstone #HouseofHorrors