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

[joypath]

Can you describe how they were acting nasty?

Perhaps the behaviors would not be considered nasty by some but he reported them as: pushing the court staff away, shoving other courtwatchers, demanding to see Lacey NOW. Media folks were very respectful asking "may we speak with you" and then (media) were lambasted. DH did hear that they (DT) were going to appeal and the family muttered that "they'll pay"........................not sure who will pay, tho.

The investigating LE spent hours traveling & hunting down information re: previous Lacey interactions within healthcare, the social "miscues" of her behavior were a huge shock & originally confusing for the officers.

The state request for punishment will be the 25-life vs 15-life and a pledge to block any "early dismissal"!

 

[atthelake]

Lohud has a new article up, with abut 3-4 short embedded videos: the verdict, district attorney press conference, defense press conference, etc.

http://www.lohud.com/story/news/crime/2015/03/02/lacey-spears-trial-deliberations-continue/24251795/

(Michael Brown is a juror-- not sure if he was the foreman.)

Thanks to Joypath for dropping in Websleuths chat room and letting me know about this case.

I spent this weekend reading all of the thread to catch up, only to hear today that the verdict was made in the case.

And a big :tyou: to K_Z who kept up this thread through with all the updates over time.

Sorry that I didn't even know about this case until it was over. I need to, in the future, see where my buddies are posting by going to my profile and peeking where posters are.

Off to read K_Z's latest update links, then back to the JA verdict watch... and think I'll follow the Boston Marathon trial starting later this week IIRC.

 

[K_Z]

My guess is there will be an inadequate counsel appeal.

Respectfully snipped for focus. I mentioned earlier my sis is an experienced trial atty. A few days ago I chatted with her about this case, and the lack of the defense calling a single witness (discussed that in an earlier post). Well, I brought up appeals, and the "inadequate counsel" issue, in light of the defense not putting on a case. Her opinion (and yes, this is *hearsay*, FWIW, lol...and my sis is not verified at WS, for full disclosure!) is that inadequate counsel is extraordinarily difficult to prove.

She gave examples of public defenders falling asleep in court, and still that wasn't considered "bad" enough for a ruling that the convicted person had "ineffective assistance of counsel." She mentioned that you can't just have a "general complaint" about strategy, or not liking the attorney, for ineffective assistance. She said you have to have a SPECIFIC complaint about something they *did* or *did not* do, that would have made a difference in the outcome of the trial.

She specifically mentioned that if this had been a death penalty case, her opinion might be different, but as a charge of second degree vs manslaughter, it would be a hard, hard argument to win that she had ineffective counsel. She did some kind of a quick search of the 2 defense attorneys, and said they had an excellent reputation and lots of experience. And I pointed out to her that they were privately retained by Lacey-- AFAIK, there was never an indigency hearing. She retained these attorneys privately even before she was arrested-- weeks to months before arrest, IIRC. Sis says just because they did not put on any witnesses is not in and of itself justification for "ineffective assistance of counsel." She also said that this strategy was known by the defendant ahead of time, and it should have been no surprise to her that her attorneys were not calling any witnesses.

Gitana1, if you come by, I'd love to hear your thoughts on an "ineffective assistance of counsel" issue, and any thoughts you have about the appeals process.

 

[gitana1]

Perhaps the behaviors would not be considered nasty by some but he reported them as: pushing the court staff away, shoving other courtwatchers, demanding to see Lacey NOW. Media folks were very respectful asking "may we speak with you" and then (media) were lambasted. DH did hear that they (DT) were going to appeal and the family muttered that "they'll pay"........................not sure who will pay, tho.

The investigating LE spent hours traveling & hunting down information re: previous Lacey interactions within healthcare, the social "miscues" of her behavior were a huge shock & originally confusing for the officers.

The state request for punishment will be the 25-life vs 15-life and a pledge to block any "early dismissal"!

Wow. Not impressed with this family at all!

 

[gitana1]

Respectfully snipped for focus. I mentioned earlier my sis is an experienced trial atty. A few days ago I chatted with her about this case, and the lack of the defense calling a single witness (discussed that in an earlier post). Well, I brought up appeals, and the "inadequate counsel" issue, in light of the defense not putting on a case. Her opinion (and yes, this is *hearsay*, FWIW, lol...and my sis is not verified at WS, for full disclosure!) is that inadequate counsel is extraordinarily difficult to prove.

She gave examples of public defenders falling asleep in court, and still that wasn't considered "bad" enough for a ruling that the convicted person had "ineffective assistance of counsel." She mentioned that you can't just have a "general complaint" about strategy, or not liking the attorney, for ineffective assistance. She said you have to have a SPECIFIC complaint about something they *did* or *did not* do, that would have made a difference in the outcome of the trial.

She specifically mentioned that if this had been a death penalty case, her opinion might be different, but as a charge of second degree vs manslaughter, it would be a hard, hard argument to win that she had ineffective counsel. She did some kind of a quick search of the 2 defense attorneys, and said they had an excellent reputation and lots of experience. And I pointed out to her that they were privately retained by Lacey-- AFAIK, there was never an indigency hearing. She retained these attorneys privately even before she was arrested-- weeks to months before arrest, IIRC. Sis says just because they did not put on any witnesses is not in and of itself justification for "ineffective assistance of counsel." She also said that this strategy was known by the defendant ahead of time, and it should have been no surprise to her that her attorneys were not calling any witnesses.

Gitana1, if you come by, I'd love to hear your thoughts on an "ineffective assistance of counsel" issue, and any thoughts you have about the appeals process.

I 100% agree with your sister. I've stated similar thoughts on other threads. The attorney really has to drop the ball and it has to be determined to have been pivotal in how the case turned out. That's a high burden.

She had more than adequate representation and I see nothing else except possibly juror comments during trial that could remotely allow for a successful appeal.

 

[cocomod]

I was out of town over the weekend and only returned late last night. I am SO happy / relieved that the jury gave this verdict! Poor Garrett suffered his entire life! She tortured him from the time he was such a tiny baby!! She needs to stay in prison for her entire life! The attention will now be gone from her. She will now honestly get to be a number in the system.

:rose: R.I.P. Garrett :rose: Dance in the clouds! You are free; and the woman that tortured you is now not free.

 

[ScarlettScarpetta]

Respectfully snipped for focus. I mentioned earlier my sis is an experienced trial atty. A few days ago I chatted with her about this case, and the lack of the defense calling a single witness (discussed that in an earlier post). Well, I brought up appeals, and the "inadequate counsel" issue, in light of the defense not putting on a case. Her opinion (and yes, this is *hearsay*, FWIW, lol...and my sis is not verified at WS, for full disclosure!) is that inadequate counsel is extraordinarily difficult to prove.

She gave examples of public defenders falling asleep in court, and still that wasn't considered "bad" enough for a ruling that the convicted person had "ineffective assistance of counsel." She mentioned that you can't just have a "general complaint" about strategy, or not liking the attorney, for ineffective assistance. She said you have to have a SPECIFIC complaint about something they *did* or *did not* do, that would have made a difference in the outcome of the trial.

She specifically mentioned that if this had been a death penalty case, her opinion might be different, but as a charge of second degree vs manslaughter, it would be a hard, hard argument to win that she had ineffective counsel. She did some kind of a quick search of the 2 defense attorneys, and said they had an excellent reputation and lots of experience. And I pointed out to her that they were privately retained by Lacey-- AFAIK, there was never an indigency hearing. She retained these attorneys privately even before she was arrested-- weeks to months before arrest, IIRC. Sis says just because they did not put on any witnesses is not in and of itself justification for "ineffective assistance of counsel." She also said that this strategy was known by the defendant ahead of time, and it should have been no surprise to her that her attorneys were not calling any witnesses.

Gitana1, if you come by, I'd love to hear your thoughts on an "ineffective assistance of counsel" issue, and any thoughts you have about the appeals process.

I don't believe that she will ever ever get it, I just think that will be her first shot.. but never the last.

 

[joypath]

To all the medical folks "in the know".....especially our own atthelake (medical technologists/clinical laboratory scientists ROCK! April 19-25, 2015)


Slide back in time to the first round of blood work....Garnett's Na was 138mEq/L....SO nicely within the normal range (135-145) and now LS had a baseline. Second blood draw, again WNL (within normal limits) (I'm also assuming that ALL of his lytes were WNL & the anion gap was also) even with his diarrhea episodes. SHE took him into the bathroom (away from the camera) and I'm wondering if she administered some OTC "goodies" ( my mom's favorite "treat" was the EX-lax slices mixed with Hershey bar slices, never knew which you were going to get or the red one-a-day "candies" loaded into the M & M treats where one was taught to "swallow the red m & ms, don't chew them"!).
Third blood draw, Na+ again WNL.
The medical technologist in me is wondering if his other parameters are starting to climb but remaining WNL, all within the 2 SDs of the testing protocols! (thus no redraws, retesting or critical value reporting and I DO believe that LS knew all about "critical values".

THEN put yourself into the shoes of the tech getting that final Na+ printout.......182! Yeah, BET that resulted in a quick re-run with new controls & standards along with a demand (not request!) for a fresh sample!!! AND....can't you all just see LS beaming & smiling @ the 182 number, especially when a physician challenged her declaration that Garnett's Na+ was once upon a time @ 200! (and that DUMB M.D. claimed it to be incompatible with life!!!)!

SO pleased that this defendant received her verdict....bring on April 8th without delay so she can drift into general population and be forgotten.

 

[K_Z]

While we wait for Lacey's sentencing, here is another case to get your blood boiling, if you want to read more about these hideous Munchausen By Proxy moms. This "mother" urinated into her child's colostomy bag, withdrew a "sample", and injected INTO her child's IV line. They have her on videotape in the hospital. I'm not making that up-- they discovered vaginal cells in the sample during DNA testing, according to Prosecutor Joe Deters. Unspeakably awful!

Here is a link to the WS thread for discussion of the charges faced by Candida "Candy" Fluty in Ohio.

http://www.websleuths.com/forums/sh...Allegedly-Putting-Substance-in-Her-Child-s-IV

 

[Hoosgirl]

I've been so impressed with LOHUD's coverage of this case. Here's another article:

http://www.lohud.com/story/news/crime/2015/03/03/lacey-spears-murder-sentencing-factors/24334297/

 

[Hoosgirl]

Wanted to add this one as well:

http://www.lohud.com/story/news/crime/2015/03/07/lacey-spears-munchausens-role/24548933/

 

[K_Z]

Wanted to add this one as well:

http://www.lohud.com/story/news/crime/2015/03/07/lacey-spears-munchausens-role/24548933/

We continue to learn more about Garnett's story. Did we know about this? I don't remember that. (BBM.)

To this day it's not clear how Lacey Spears, 27, convinced an Alabama surgeon to insert a gastric feeding tube into her son's stomach before he was a year old, after doctors at another hospital refused, saying it wasn't needed.

The tube was inserted in 2009 at Birmingham Children's Hospital in Alabama after doctors at Decatur General Hospital refused to do so. Dr. Albert Chong conducted the 15-minute procedure — one of 800 to 1,000 he estimated he did that year.

"I don't remember him or the mom at all," Chong said, adding that he never sought Garnett's medical records.

A series of doctors in Alabama, Florida and New York questioned the need for the tube, including Dr. Ivan Darenkov, a pediatric gastroenterologist who in 2013 treated Garnett in Middletown. Darenkov said the medical history Spears provided was scant. He pressed her about the tube and for Garnett's medical records, which she never provided.

"I couldn't get the information," he said. "I never got the records about his first surgery, when the G-tube was put in. ... I did my own investigation, and found no medical reason for his eating problems."

Had he known the history, Darenkov said, "my approach to this patient would have been radically different."

http://www.lohud.com/story/news/crime/2015/03/07/lacey-spears-munchausens-role/24548933/

 

[kimi_SFC]

We continue to learn more about Garnett's story. Did we know about this? I don't remember that. (BBM.)







http://www.lohud.com/story/news/crime/2015/03/07/lacey-spears-munchausens-role/24548933/

Just when you think you can't be anymore angered, disgusted, and furious with this poor excuse for a "mother" - we find out MORE!

Although I am thankful the State was able to obtain a conviction without this evidence, until LS is sentenced to Life, I will be concerned.

:moo:

I will always have the belief in my heart that this was (very close to) 1st Degree Murder.

IANAL, but this reeks of premeditation. I would love to be wrong, but this goes far beyond a crime of passion IMO.

As I said, knowing LS won't ever be free to have another child to abuse this way will help me to reconcile all this case has represented. However, these stories bring up so much angst on BABY Garnett's behalf, I'm finding it hard to find the words. :tears: I am sorry if I am not making sense.

I want her to pay - first with her freedom. I know she will pay dearly when she meets her Maker. I admit, I don't feel sorry for her. She didn't have any true compassion for Garnett. She has earned her fate.

May the sentence be as harsh as the law allows. lease:


Sent from my iPhone using Tapatalk

 

[K_Z]

Munchausen by proxy by internet. Lacey Spears' internet posting behavior, and murder conviction is discussed in this Slate article, as well as discussing whether internet "addictions" should be included in the DSM as new "illnesses."

But Spears didn’t just poison Garnett; she also tweeted about his illness (@GarnettsMommy), blogged about it (“Garnett’s Journey&#8221, and documented it with photographs posted to MySpace. Some argue that Spears was exhibiting an even newer form of Munchausen than had previously been identified: “Munchausen by proxy by Internet.”

http://www.slate.com/articles/techn...usen_by_proxy_by_internet_are_internet.1.html

 

[Tricia]

REMEMBER WHEN YOU GO TO TRUE CRIME RADIO THURSDAY NIGHT 8 PM EASTERN YOU MUST CLICK ON THE "LISTEN NOW" TAB TO HEAR THE SHOW LIVE ON IHEART RADIO.COM ​

What mother (and at times father) would hurt their child just for the attention?

A parent who is suffering from Munchausen by Proxy that's who.

This Thursday March 19th at 8:00 PM EASTERN on True Crime Radio.com we welcome two world-renowned experts in the field of Munchausen by Proxy.

Dr. Marc Feldman and Louisa Lasher

It is tragic yet fascinating how Munchausen by Proxy works. What starts a parent on the road of hurting their child for attention.

We'll discuss the latest MP case Lacey Spears. Spears was convicted of 2nd degree murder in the death of her son Garnett. She put saline solution (salt basically) in his stomach tube. Again, beyond tragic but, WHY? Why did she do this?

Internationally known expert Louisa Lasher and Dr. Marc Feldman will do their best to help us understand this bizarre mental illness. Also, there is a new variation of this illness, Munchausen by Proxy by Internet. We'll discuss this and more on Thursday.

Join us this Thursday and every Thursday at 8:00 PM Eastern for True Crime Radio. CHATROOM opens at 7:30 PM

 

[kimi_SFC]

REMEMBER WHEN YOU GO TO TRUE CRIME RADIO THURSDAY NIGHT 8 PM EASTERN YOU MUST CLICK ON THE "LISTEN NOW" TAB TO HEAR THE SHOW LIVE ON IHEART RADIO.COM ​

What mother (and at times father) would hurt their child just for the attention?

A parent who is suffering from Munchausen by Proxy that's who.

This Thursday March 19th at 8:00 PM EASTERN on True Crime Radio.com we welcome two world-renowned experts in the field of Munchausen by Proxy.

Dr. Marc Feldman and Louisa Lasher

It is tragic yet fascinating how Munchausen by Proxy works. What starts a parent on the road of hurting their child for attention.

We'll discuss the latest MP case Lacey Spears. Spears was convicted of 2nd degree murder in the death of her son Garnett. She put saline solution (salt basically) in his stomach tube. Again, beyond tragic but, WHY? Why did she do this?

Internationally known expert Louisa Lasher and Dr. Marc Feldman will do their best to help us understand this bizarre mental illness. Also, there is a new variation of this illness, Munchausen by Proxy by Internet. We'll discuss this and more on Thursday.

Join us this Thursday and every Thursday at 8:00 PM Eastern for True Crime Radio. CHATROOM opens at 7:30 PM

Here's the link to the broadcast archive:

Munchausen takes center stage at this weeks True Crime Radio show.

http://www.truecrimeradio.com/radio...dman-ms-louisa-lasher-radio-archive-mar-2015/


Sent from my iPhone using Tapatalk

 

[K_Z]

Lee Higgins ‏@LeeHiggins 21m21 minutes ago
April 8 sentencing

Reminder for those interested that sentencing is scheduled for April 8th, 2015.

 

[K_Z]

Bumping this.

Lacey Spears due in court tomorrow, April 8, to be sentenced for her conviction on second degree murder. Spears faces a maximum sentence of twenty five years to life in prison for the murder of her son, Garnett.

No new articles on this that I can find.

I'll check on the twitter of the reporters who covered most of the trial.

 

[K_Z]

LoHud reporter Lee Higgins answered my email-- he will be there tomorrow for sentencing. Says phones aren't allowed in court, but he will tweet before and after.

 

[cocomod]

raying: for stiff sentence!