GUILTY NY - Garnett Spears, 5, dies of salt poisoning, Chestnut Ridge, 23 Jan 2014

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  • #201
  • #202
Ok, so the timing of this next situation could not be more fascinating, IMO. And for Lacey Spears, she should be more than a little worried about the possibility of her trial, and this re-trial, occurring at the same time.

Hannah Overton is a Texas mother who was convicted of poisoning her 4 year old adoptive son WITH SALT, and sentenced to life in prison. Her conviction was just overturned on appeal, and now the prosecutor has stated his intent to try the NEW case as a CAPITAL MURDER case! Holy cow! For those interested, Texas has the record of having the most successful cases of medical child abuse/ munchausen-by-proxy murder convictions in the nation-- at least 4 come to my mind in the last 2 decades.

The possibility of this case, Hannah Overton's retrial in Texas, occurring at the same time as Lacey Spear's trial in New York, promises to be a fascinating set of coincidental circumstances, IMO. Potential for same expert witnesses, etc. Just wow.

Nueces County District Attorney Mark Skurka said in a news release Saturday that he would retry Overton on the original charge of capital murder and that "no jury, no trial judge and no appellate court has ever found that defendant Hannah Overton is not responsible for the death of Andrew Burd."
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Skurka also had the option to retry Overton on lesser charges, offer a plea deal or dismiss the case. It is unclear whether he will try the case himself or assign a new prosecutor.
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http://abcnews.go.com/2020/mother-convicted-killing-son-face-capital-murder-trial/story?id=26307165

http://www.dailymail.co.uk/news/art...death-adopted-son-capital-murder-charges.html

http://www.kiiitv.com/story/26817529/hannah-overton-going-back-to-court-for-2006-child-poisoning
 
  • #203
  • #204
K_Z said:
Bumping this. Lacey is due in court this week, Friday, to have trial date set.
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Thank you K_Z....

I hope LS has gotten wind of the Overton case. Nothing would make me happier than knowing she's experiencing anxiety and fear as her next court appearance approaches. :cow:

I keep imagining all of the suffering this boy suffered over his short life. It was just so wrong! He deserves his justice.

:rose:


Sent from my iPhone using Tapatalk
 
  • #205
What is going to be key in this case is what is decided in pretrial
motions regarding what evidence comes in. I'd like to see evidence from other states, from the medical abuse leading up to this moment, come in.
 
  • #206
  • #207
gitana1 said:
What is going to be key in this case is what is decided in pretrial
motions regarding what evidence comes in. I'd like to see evidence from other states, from the medical abuse leading up to this moment, come in.
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gitana1 said:
Apparently, the state is trying to get in her lies about having another son a dead fiance. Her trial is set for 1-26-15. www.usatoday.com/story/news/nation/...could-be-used-in-lacey-spears-trial/20271267/
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You called it gitana1 - this crux of this case is what the Judge deems as admissible. :tyou: for posting this....

I hope the DA is allowed to establish the pattern. If this is allowed, do you think it will open the door to much of the other evidence the State will try to use against her?

I truly hope so. I realize the Court must balance what is considered prejudicial, but I honestly feel that Garnett's voice must be heard. I pray the correct rulings are made, and that his rights aren't lost.

I've said it before and I'll say it again: until we as a nation mandate Victim's Rights on the federal level, we can only hope the proper balance is decided upon. :cow:

On a wing and a prayer, I hope Garnett receives his justice. Truly.

:rose:

:candle:


Sent from my iPhone using Tapatalk
 
  • #208
K_Z said:
Ok, so the timing of this next situation could not be more fascinating, IMO. And for Lacey Spears, she should be more than a little worried about the possibility of her trial, and this re-trial, occurring at the same time.

Hannah Overton is a Texas mother who was convicted of poisoning her 4 year old adoptive son WITH SALT, and sentenced to life in prison. Her conviction was just overturned on appeal, and now the prosecutor has stated his intent to try the NEW case as a CAPITAL MURDER case! Holy cow! For those interested, Texas has the record of having the most successful cases of medical child abuse/ munchausen-by-proxy murder convictions in the nation-- at least 4 come to my mind in the last 2 decades.

The possibility of this case, Hannah Overton's retrial in Texas, occurring at the same time as Lacey Spear's trial in New York, promises to be a fascinating set of coincidental circumstances, IMO. Potential for same expert witnesses, etc. Just wow.





http://abcnews.go.com/2020/mother-convicted-killing-son-face-capital-murder-trial/story?id=26307165

http://www.dailymail.co.uk/news/art...death-adopted-son-capital-murder-charges.html

http://www.kiiitv.com/story/26817529/hannah-overton-going-back-to-court-for-2006-child-poisoning
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I just watched an episode of 48 Hours on ID on this case last night, and although the program was biased towards her, the appeals court decided the kid had an eating disorder called PICA, I still thought Hannah and her mamby-pamby husband were either Guilty or incredibly stupid and shouldn't be parents either way. (When they had 5 kids instead of the 3 he wanted, he said, "I guess she's winning"!!!) I find burning the sheets with feces on them instead of just throwing them in the washing machine suspicious and making him sleep on a wooden pallet, watching him on a surveillance camera,so is putting chili flakes on their tongues as a method of discipline- her oldest son said it burned his mouth, and who makes broth out of Creole seasoning, especially if you suspect he ate too much salt??? And then, they never called 911, instead driving the kid to the hospital themselves 3 hours later. To me that implies they didn't really want him to get treatment. Glad the state is retrying her.
 
  • #209
Lacey's trial is coming up very soon-- scheduled to begin Monday, January 26. (Not sure if this case will be moved to the "current trials" forum at that point-- will ask a mod, and leave a message here re-directing posters if so.)

Westchester County Court Judge Richard Molea ruled Spears' trial will begin Jan. 26, starting with pretrial hearings to decide whether the prior bad acts can be admitted, as well as other matters. A trial judge will be assigned shortly, Molea said.
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http://www.usatoday.com/story/news/...could-be-used-in-lacey-spears-trial/20271267/
 
  • #210
Trial is due to begin Jan 26. Westchester County Judge Robert Neary to hear arguments Thursday Jan 15 related to admissibility at trial of:

- Whether Munchausen By Proxy Syndrome can be discussed
- Admissibility of additional out of state medical records for Garnett
- Whether 43,000 pics and social media entries posted by Lacey can be admitted
- Whether Lacey's "prior bad acts" can be admitted, related to Lacey fabricating a dead policeman spouse and other children

Lacey Spears case: Judge to weigh what jurors can hear

With Lacey Spears' trial for allegedly killing her 5-year-old son approaching, a judge will soon decide whether prosecutors can tell jurors about the psychiatric condition know as Munchausen Syndrome by Proxy.

The syndrome causes a caregiver to sicken someone who depends on them in order to gain sympathy or attention from others. Westchester County Judge Robert Neary could rule on the matter as early as Thursday when the former Chestnut Ridge mother is expected to appear in his court.
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Spears' lawyers also have renewed efforts to suppress medical records showing that Garnett Spears suffered from salt poisoning prior to his first birthday while the two were living in Alabama. The lawyers also are seeking to suppress more than 43,000 photographs and updates Lacey Spears posted to social media chronicling her life with her son, including his health struggles.

Prosecutors, meanwhile, want to question Spears' credibility by bringing up so-called "prior bad acts."
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http://www.lohud.com/story/news/cri...dge-considering-munchausen-evidence/21646333/

*For anyone new to following this case, or needs a refresher, this link also contains the excellent 5 part series produced by Lohud on the life and sodium poisoning death of 5 year old Garnett Spears.

Story is going national again; USA Today just picked it up.

http://www.usatoday.com/story/news/nation/2015/01/12/lacey-spears-trial-evidence/21649343/
 
  • #211
K_Z said:
Trial is due to begin Jan 26. Westchester County Judge Robert Neary to hear arguments Thursday Jan 15 related to admissibility at trial of:

- Whether Munchausen By Proxy Syndrome can be discussed
- Admissibility of additional out of state medical records for Garnett
- Whether 43,000 pics and social media entries posted by Lacey can be admitted
- Whether Lacey's "prior bad acts" can be admitted, related to Lacey fabricating a dead policeman spouse and other children





http://www.lohud.com/story/news/cri...dge-considering-munchausen-evidence/21646333/

*For anyone new to following this case, or needs a refresher, this link also contains the excellent 5 part series produced by Lohud on the life and sodium poisoning death of 5 year old Garnett Spears.

Story is going national again; USA Today just picked it up.

http://www.usatoday.com/story/news/nation/2015/01/12/lacey-spears-trial-evidence/21649343/
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Thanks for that KZ! My prediction is that the prior bad acts, the information about her lies regarding her spouse and other children, as well as any mention of Munchhausen by proxy syndrome will not be allowed in. I believe that they will allow explanations of behaviors that could otherwise be labeled Munchhausen. But I do not believe they will be allowed to actually mention the syndrome by name at all.

However, I predict that many if not most of the entire medical records of this child dating far back will be allowed to come in, which will be a significant problem for the defense.

If the defense is stating that Lacey did not cause her son to ingest high levels of salt, then his entire medical record should be at issue. Further, her conduct with regard to the child's medical status is very relevant to showing a pattern of conduct that this last incident with the salt is a part of. That's why I think this evidence will come in. It is enough think, to convict her.
 
  • #212
gitana1, what are your thoughts about the admissibility of the "43,000" social media posts and pictures? Is her voluminous use of social media going to be relevant? Seems relevant to me, in the context of seeking attention, but IDK how the courts will see it. Particularly with some very ill timed posts, like within moments of Garnett's death, her priority was getting on her phone or a computer and posting the "Garnett the Great journeyed on" post. (It wasn't like it was Caring Bridge, though I'm sure defense team would want to portray it that way.)

I'm fine with Munchausen By Proxy not being allowed-- call the abuse what it is for the child Garnett, Medical Child Abuse. That is the more current term used in pediatrics and medical records, to keep the focus on the child and the child's injuries, not the mother. Whether or not she's diagnosed with MBPS is, IMO, irrelevant, and I'd prefer that a psychiatric disorder not be even suggested at trial as an "excuse" for her behavior. That could confuse and distract a juror, IMO.

I think I read that the defense isn't going to use MBPS as an affirmative defense, so it would be the prosecution using it. As I understand it, even if the defense did, it isn't considered "diminished capacity", so wouldn't qualify her for a mental health defense, "not guilty by reason of insanity" defense. I feel pretty confident prosecutors can get in all her behaviors anyway, and use the term "medical child abuse", even without labelling it MBPS.

A last thought-- initially I was really unhappy with the decision to charge Lacey with second degree murder, instead of first degree. But now that I've researched some medical child abuse prosecutions, I see the wisdom of it. It will be much easier to get a second degree murder conviction, than first degree (and fewer appeals, I think). I just hope if/ when she's convicted, she gets the max-- hopefully, at least 30+ years.
 
  • #213
For those interested in following Lacey's online docket, here is some search info (all free and available without creating an account.)

Lacey Spears Birth year 1987
Westchester County, New York (9th Judicial District Supreme Court)
Case # 00450-2014
Judge: Robert Neary

Search site:

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch (Put in name and county)

Summary:

https://iapps.courts.state.ny.us/we...cordType=C&recordNum=plQ3tdFMvrdRV24o5BxOLQ==

Charges:

https://iapps.courts.state.ny.us/we...cordType=C&recordNum=plQ3tdFMvrdRV24o5BxOLQ==

Appearances:

https://iapps.courts.state.ny.us/we...cordType=C&recordNum=plQ3tdFMvrdRV24o5BxOLQ==
 
  • #214
Info from today's pre-trial hearing. Pic of Lacey at link-- she's now wearing glasses.

3:56 p.m. EST January 15, 2015

Munchausen won't be raised at Lacey Spears trial

Prosecutors say they will seek to convict a mother accused of poisoning her 5-year-old son to death with salt by introducing the boy's medical records, but do not plan to raise the possibility she suffers from the psychiatric condition Munchausen syndrome by proxy.
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Meanwhile, Westchester County Judge Robert Neary said Thursday he would permit the media to only record opening statements, closing arguments and the verdict — but not witnesses' testimony — at the trial. He did not offer an explanation for his decision.

Prosecutors have said they intend to call 35 witnesses at the trial; a defense witness list has not yet been submitted.

Neary set jury selection for Jan. 26.
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Next week, Neary is expected to rule on a motion by prosecutors that asks that Alabama medical records from 2009 be included as evidence.
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http://www.usatoday.com/story/news/nation/2015/01/15/lacey-spears-trial-munchausen/21817517/

Hopefully, a local reporter will attend the trial, and provide tweets, or a daily summary.
 
  • #215
K_Z said:
gitana1, what are your thoughts about the admissibility of the "43,000" social media posts and pictures? Is her voluminous use of social media going to be relevant? Seems relevant to me, in the context of seeking attention, but IDK how the courts will see it. Particularly with some very ill timed posts, like within moments of Garnett's death, her priority was getting on her phone or a computer and posting the "Garnett the Great journeyed on" post. (It wasn't like it was Caring Bridge, though I'm sure defense team would want to portray it that way.)

I'm fine with Munchausen By Proxy not being allowed-- call the abuse what it is for the child Garnett, Medical Child Abuse. That is the more current term used in pediatrics and medical records, to keep the focus on the child and the child's injuries, not the mother. Whether or not she's diagnosed with MBPS is, IMO, irrelevant, and I'd prefer that a psychiatric disorder not be even suggested at trial as an "excuse" for her behavior. That could confuse and distract a juror, IMO.

I think I read that the defense isn't going to use MBPS as an affirmative defense, so it would be the prosecution using it. As I understand it, even if the defense did, it isn't considered "diminished capacity", so wouldn't qualify her for a mental health defense, "not guilty by reason of insanity" defense. I feel pretty confident prosecutors can get in all her behaviors anyway, and use the term "medical child abuse", even without labelling it MBPS.

A last thought-- initially I was really unhappy with the decision to charge Lacey with second degree murder, instead of first degree. But now that I've researched some medical child abuse prosecutions, I see the wisdom of it. It will be much easier to get a second degree murder conviction, than first degree (and fewer appeals, I think). I just hope if/ when she's convicted, she gets the max-- hopefully, at least 30+ years.
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I think some of it will come in but not too much. It would likely be deemed "cumulative".
 
  • #216
  • #217
In his decision Wednesday, Acting Supreme Court Justice Robert Neary ruled that certain medical records, social media posts detailing Garnett's declining health and online searches found on Spears' laptop, iPhone and iPad are admissible.

"To the extent any of the above-mentioned evidence constitutes prior crimes or bad acts on the part of the defendant, the Court finds the probative value of such evidence outweighs any potential prejudice to the defendant," Neary wrote. "The evidence in question tends to establish identity; lack of accident or mistake; and intent."
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http://www.lohud.com/story/news/cri...ars-request-exclude-evidence-denied/22133883/

Because prosecutors have already said they will not raise the notion that Spears suffered from Munchausen by proxy, Neary also denied the defense's motions regarding the psychiatric condition, noting that the prosecution's intended course of action renders the requests moot.

Neary said he would consider suggestions from both the prosecution and defense for limiting instructions to aid jurors in understanding why the evidence was admitted.

The defense had also sought to exclude expert testimony from Dr. Steven G. Kernie, a physician specializing in pediatric critical care. That request was denied.

Stephen J. Riebling Jr., of the White Plains-based firm Riebling, Proto & Sachs, declined to comment on Neary's decision Wednesday.

Jury selection in Spears' case is scheduled for Monday and are to be followed soon after by opening arguments.
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  • #218
From the above article, Dr. Steven G. Kernie is expected to be called as an expert witness.

Three prominent pediatric specialists are joining NewYork-Presbyterian Morgan Stanley Children's Hospital/Columbia University Medical Center to lead programs in pediatric cardiology, critical care medicine and nephrology.
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Dr. Steven G. Kernie

Previously, Dr. Steven Kernie was medical director of research administration at Children's Medical Center Dallas and director of the Perot Family Center for Brain and Nerve Injuries at Children's Medical Center Dallas; associate professor in the Departments of Pediatrics, Developmental Biology and Biomedical Engineering at University of Texas Southwestern Medical Center Dallas; associate professor in the Integrative Biology Program at the University of Texas Southwestern Graduate School of Biomedical Sciences; and adjunct assistant professor of cognition and neuroscience at the University of Texas at Dallas School of Behavioral and Brain Sciences.

Dr. Kernie is leading federally funded research on how neural stem and progenitor cells may contribute to recovery following brain injury. He has developed novel methods of studying the brain for elucidating the role of specific molecules in this recovery process, with the ultimate goal of identifying new therapies that might improve recovery.

Dr. Kernie received his M.D. from the University of Washington, Seattle. He received subsequent training at the Children's Medical Center of Dallas and University of Texas Southwestern Medical Center at Dallas, where he joined the faculty in 1999.
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http://www.newswise.com/articles/ne...s-hospital-columbia-university-medical-center

http://sklad.cumc.columbia.edu/pharm/cumc/profile_new.php?id=327

*KZ note-- this guy must be a real superstar (lol-- or a "brainiac" brain expert)-- he is quite young for all he has accomplished in his laudable career-- he's around 48 years old.

*KZ note 2: I think this expert is more than qualified to explain to the court and jury exactly what happens to the brain in a situation of intentional hypernatremic poisoning. I hope he's very personable and down to earth, and able to make this highly technical topic understandable to the jury.
 
  • #219
  • #220
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