CONVICTION OVERTURNED TX - Andrew Burd, 4, dies of salt poisoning, Corpus Christi, 2 Oct 2006

District Attorney asks court to reconsider the recusal of Judge Jose Longoria. Wow.

CORPUS CHRISTI (Kiii News) - 3News confirmed Wednesday that Nueces County District Attorney Mark Skurka has filed a motion to reconsider the recent recusal of District Judge Jose Longoria from the capital murder retrial of Hannah Overton.

It was last week that a Rio Grande Valley judge was selected to replace Longoria and preside over the case. A former appellate court judge ordered the change without a hearing, and based his decision on the fact that Longoria personally responded to the efforts to get him to step aside.

http://www.kiiitv.com/story/27541915/da-asks-court-to-reconsider-recusal-of-judge-from-overton-trial
 
Doesn't capital murder charges require intent to kill?

I don't see any evidence of intent here, in a worst case it would be reckless endangerment, and considering that this kid apparently had some sort of compulsive eating disorder the possibility that he ate the salt himself cannot be excluded.

This whole pepper thing sounds a bit whacky and unlikely to me, it appears to be just guessing. You would think that if it really did happen that way there would be clear and obvious severe inflammation (not to mention a ton of capsaicin in the stomach).

And you also have to wonder why the original DA was withholding evidence. Usually when that happens it is because they think there is a good chance that it would be bad for their case.
 
http://www.huffingtonpost.com/2014/12/17/hannah-overton-freed_n_6340024.html

Video also at this link

A Nueces County judge granted Hannah Overton's bond of $50,000, and she was released from the county jail, ABC News reports. The decision comes more than two months after a Texas appellate court granted Overton a new trial and overturned her life sentence.

There's no date set for the new trial in the death of 4-year-old Andrew Burd -- a foster child who Overton and her husband Larry were adopting -- but Nueces County District Attorney Mark Skurka vowed to try her again on capital murder charges.
 
I don't know what I think. Kind of on the fence. Her demeanor does suggest she's innocent, to me. Also, some doctors testified at her appellate hearing that it could've happened as she stated.

She was granted a new trial, which is significant to me.

But what supports her guilt is the former foster mother who stated the little boy did not have pica and did not hoard food when with him and the statement of Hannah's son that Andrew was surveilled to see if he did something "bad", and also that she used forcing the ingestion of food items as punishment.

Also, something doesn't jibe about her statement that she gave him water with a taste of Zatarain's to placate him. That statement seems like a desperate attempt to explain the levels of salt in his system. And how does it conveniently correspond with exactly what he ingested?

And her statement about how she put a Pizza hut pepper on her kid's tongues for "just a second", seemed like a big fat lie.

I think this could've been a mother who lost it in the face of a foster child she could not handle, and became an abuser. I;m just not sure. If so, though, it probably is not a capital murder case under TX law, apparently.

Also, I am reading rumors that Overton's bio dad murdered a teenager and her maternal grandfather was the Heaven's Gate cult leader. Anyone know about this or have independent proof?
 
I don't know what I think. Kind of on the fence. Her demeanor does suggest she's innocent, to me. Also, some doctors testified at her appellate hearing that it could've happened as she stated.

She was granted a new trial, which is significant to me.

But what supports her guilt is the former foster mother who stated the little boy did not have pica and did not hoard food when with him and the statement of Hannah's son that Andrew was surveilled to see if he did something "bad", and also that she used forcing the ingestion of food items as punishment.

Also, something doesn't jibe about her statement that she gave him water with a taste of Zatarain's to placate him. That statement seems like a desperate attempt to explain the levels of salt in his system. And how does it conveniently correspond with exactly what he ingested?

And her statement about how she put a Pizza hut pepper on her kid's tongues for "just a second", seemed like a big fat lie
.

I think this could've been a mother who lost it in the face of a foster child she could not handle, and became an abuser. I;m just not sure. If so, though, it probably is not a capital murder case under TX law, apparently.

Also, I am reading rumors that Overton's bio dad murdered a teenager and her maternal grandfather was the Heaven's Gate cult leader. Anyone know about this or have independent proof?

BBM
. This^^^ 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 surveillance cameras, 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.
 
Also, I am reading rumors that Overton's bio dad murdered a teenager and her maternal grandfather was the Heaven's Gate cult leader. Anyone know about this or have independent proof?
Snipped for brevity , emphasis mine

www.red-alerts.com/unspeakable-cults/hannah-overton-deserves-to-die-in-prison/
Not sure if this is an o.k. link, if not, I'll remove.

Found this statement peculiar :

“He is not sick, he is doing it to get to me,” Hannah told the neighbor, adding he had defecated eight times, the affidavits said.

from the same : Hannah’s Father beat a teenage girl to death with a crowbar and her maternal Grandfather was Marshall Applewhite, the man who led the Heaven’s Gate cult.

What happened to make the Overton's turn this statement into : Andrew has Pica ??

I tried to look up the link from the above source the "Caller-Times" , but couldn't find it.


There are a few more links, but do not seem to be msm .
:moo:


www.texasmonthly.com/story/hannah-and-andrew/page/0/1

Hannah’s father was the Reverend Bennie Saenz, an evangelical preacher in Corpus Christi whose fall from grace profoundly altered the course of her childhood. Hannah was seven when Saenz was arrested in 1984 and charged with a singularly horrific crime: the bludgeoning death of a sixteen-year-old girl whose nude body was discovered at the water’s edge on Padre Island.


www.topix.com/forum/city/corpus-christi-tx/T75OHNLLQD8V7B2BR/p5
Some interesting comments below by "L", about the nature of Andrews' injuries.

www.dailymail.co.uk/news/article-27...death-adopted-son-capital-murder-charges.html
Already linked ; noticed the photos of Andrew from the hospital show a lot of what appears to be scratches and bruising to his face.

Off-topic from Hannah's dad or grandfather :
abcnews.go.com/blogs/lifestyle/2012/09/the-hannah-overton-case-the-story-that-keeps-me-up-at-night/

It all began on a normal day when her foster son Andrew, who’s biological mother was a Meth addict, had a temper tantrum then threw up and said he felt cold. Like harried mothers of many kids, she comforted him, put a blanket around him and even drew a bath to warm him
(No mention in this article that Hannah said she gave Andrew water with spicy seasoning ?)
According to Hannah and her supporters, he’d eat a jar of pickles or a dozen eggs;
Emphasis mine.

Just seems as though abc news is not as objective as they want their readers to believe ; but that's just my .02.
There is no mention in this article , that the previous lady who cared for Andrew found nothing wrong with him.

:moo:
 
Snipped for brevity , emphasis mine

www.red-alerts.com/unspeakable-cults/hannah-overton-deserves-to-die-in-prison/
Not sure if this is an o.k. link, if not, I'll remove.

Found this statement peculiar :

“He is not sick, he is doing it to get to me,” Hannah told the neighbor, adding he had defecated eight times, the affidavits said.

from the same : Hannah’s Father beat a teenage girl to death with a crowbar and her maternal Grandfather was Marshall Applewhite, the man who led the Heaven’s Gate cult.

What happened to make the Overton's turn this statement into : Andrew has Pica ??

I tried to look up the link from the above source the "Caller-Times" , but couldn't find it.


There are a few more links, but do not seem to be msm .
:moo:

BBM. Defense team probably suggested blaming the victim was her best defense, because there is no defense for cruel parenting practices.
 
I don't know what I think. Kind of on the fence. Her demeanor does suggest she's innocent, to me. Also, some doctors testified at her appellate hearing that it could've happened as she stated.

She was granted a new trial, which is significant to me.

But what supports her guilt is the former foster mother who stated the little boy did not have pica and did not hoard food when with him and the statement of Hannah's son that Andrew was surveilled to see if he did something "bad", and also that she used forcing the ingestion of food items as punishment.

Also, something doesn't jibe about her statement that she gave him water with a taste of Zatarain's to placate him. That statement seems like a desperate attempt to explain the levels of salt in his system. And how does it conveniently correspond with exactly what he ingested?

And her statement about how she put a Pizza hut pepper on her kid's tongues for "just a second", seemed like a big fat lie.

I think this could've been a mother who lost it in the face of a foster child she could not handle, and became an abuser. I;m just not sure. If so, though, it probably is not a capital murder case under TX law, apparently.

Also, I am reading rumors that Overton's bio dad murdered a teenager and her maternal grandfather was the Heaven's Gate cult leader. Anyone know about this or have independent proof?

To your last question, yes, it's true HO's bio dad brutally murdered a teenager, and her maternal grandfather was the Heaven's Gate leader. This has never been disputed, that I know of-- only minimized and said to be "irrelevant" to Hannah's case. I happen to think it's highly relevant, as it establishes what kind of extremist fundamentalist environment she was exposed to from birth.

It's my opinion that HO's case is another case of "religious child maltreatment." This is child abuse/ discipline/ training within a fringe fundamentalist religious family environment, that "goes too far", and the child dies. The focus is on "breaking the child's will" and forcing obedience and submission to the parent, but from a loving and "God-driven" perspective, not necessarily "just" sadistic abuse. Those who subscribe to this kind of "Train up a Child" style of parenting view this as *loving discipline* designed to save the child's soul, not abuse.

http://www.examiner.com/article/another-child-s-death-linked-to-pearls-and-to-train-up-a-child

http://www.examiner.com/article/ano...f-murder-for-parenting-by-to-train-up-a-child

This is a particular problem within some fringe fundamentalist families that are compelled to adopt children from troubled backgrounds to save souls, both domestic and international. Many of these adopted children have disabilities, and significant emotional and behavioral difficulties that don't adapt well to the new fundamentalist family structure and rules of behavior. The adopted child/ children haven't had the "benefit" of learning the family religious based discipline since babyhood, and being "trained up", and often "rebel", as compared to birth children within the family.

Hana Williams' murder is another example of this "breaking their will" religious child maltreatment. Her adoptive parents were both convicted of her murder. (Carri Williams is particularly sadistic, IMO.)

http://www.slate.com/articles/doubl...of_an_ethiopian_adoptee_and_how_it_could.html

Rachel Coleman, a Ph.D. candidate at Indiana University Bloomington and a homeschooling graduate, co-created the website Homeschooling’s Invisible Children, which tracks cases of extreme child abuse or death in the homeschooling community. Of the 125 cases the site has collected so far, 54—or 43 percent—are adoptees. Much of that she attributes to parenting styles among some fundamentalist homeschoolers that focus on breaking a child’s will to raise perfectly obedient children.

“Adoptive parents coming from this point of view are looking at the child almost as an enemy to conquer. The idea is that there is a payoff: If you can win the battle, you save the child’s soul,” says Coleman. In such a setup, families may be reluctant to admit failure or ask for help, and everything from everyday disobedience to serious problems that need psychological treatment may be instead viewed as “sin issues” to be addressed with religion.

Here is an excellent read about religious child maltreatment, exhaustively researched:

http://www.amazon.com/dp/161614405X...UTF8&colid=1ISTEH7340SXA&coliid=IWKHLPJN9T945

These cases are particularly difficult to prosecute, because the fundamentalist community often comes together to vigorously support and campaign on behalf of the accused individual, portraying them as an excellent parent, loving, involved with homeschooling, active in charities and their community church, etc. There is a disconnect between the loving, grieving religious family, the well-cared for remaining children, the supportive church members, and the reality of the dead child's abusive maltreatment. But just like situations involving medical child abuse/ Munchausen by proxy syndrome, abuse is still abuse, even if delivered within the context of "lovingly administered in the name of God."

Andrew Burd came from a very troubled background, and had a number of very predictable serious emotional and developmental problems. The pictures of his room, and the descriptions of how he was disciplined compared to the birth children, his food issues, defecation and smearing, etc,-- all of what the parents did are common "disciplinary" techniques within fundamentalist child rearing lore that is focused on "breaking the child's will".

HO has been painted to be a very sympathetic persona, a pretty, young, deeply religious woman, mother of 5 beautiful children, foster/ adoptive parent, devoted husband, and a tight knit fundamentalist church community supporting her. But I do think the jury got it right the first time, that Andrew Burd's death was murder and child abuse. That it occurred within a religious context should not matter in court, although many want to portray this as an "attack" on fundamentalist churches and lifestyles.

It will be interesting to see how the second trial goes.
 
I just noticed this info in an article describing how HO is spending her first weeks out on bail.

A family member, Keith Hissong, granted ABC News permission to publish the photos, but the family could not comment on the case. The judge in Hannah Overton's case issued a gag order on the same day that bond was set, which prohibits anyone involved in the case from speaking with media.

BBM.

http://abcnews.go.com/US/hannah-overton-spending-week-prison-release/story?id=27794782

For those interested in continuing to follow this case, I think this thread may be moved shortly to the "awaiting trial" forum.
 
I don't think she's guilty. No way would you be able to force feed a sturdy 5 year old so much salt orally. He's not going to just sit there and happily eat it. A specialist said Andrew checked all the boxes for Pica, and the appellate lawyer said that test results on the vomit that had a much lower sodium rate from when Andrew first entered the clinic wasn't entered into evidence. I think Andrew had challenging behaviour. I'm not blaming him for his death by any means at all, but I don't think Hannah poisoned him.
 
FWIW, I still think HO and her husband abused that child to his death. He was intensely scapegoated in that home, from all the evidence, and what they have admitted to. I don't think she is innocent, just because the re-trial charges were dropped. The prosecutor doesn't think he can win the case, IMO.

The husband pleaded guilty to lesser charges to avoid prison, so he could care for the bio kids, while HO went to prison. I think the prosecutor's decision has less to do with whether she is actually guilty, and more to do with the cost, and length of an uncertain trial. They could spend millions re-trying this woman, and a rogue juror could cause a hung jury, etc. JMO.

I don't think the prosecutor thinks she's innocent, either. I just think the decision was made not to chase this any further. She did 7 years-- at least that's something. Lots of murdered kids don't get any justice, they are never found, or charges are never brought on their behalf.

I'm hopeful they won't seek to adopt any more kids. A legitimate agency wouldn't qualify them, but there are some fringe adoption groups that ignore mainstream requirements, and approve pretty much anyone that identifies themselves as religious. I hope HO and her husband never try to adopt again. They already have enough kids to worry about, IMO.
 
Didn't see this coming. Article doesn't mention whether it is with or without prejudice. I'm wondering if this is the end.

It certainly does not feel like justice! :no.


Sent from my iPhone using Tapatalk

BBM. It was the prosecutor that dropped the charges-- not a judge dismissing the case. So the issue of "prejudice" or "no prejudice" isn't part of the decision. If I understand correctly, charges could be re-instated if new evidence came to light. The first conviction was "thrown out", so she has not been tried on murder charges. I don't think there would be an issue of double jeopardy, if new charges were re-instated, but IANAL, so just take that as my non-lawyer opinion.

That said, unless there was a confession of guilt/ murder, or a videotape, or an eyewitness that came forward, I don't think charges will ever be re-instated. I think it's done.
 
FWIW, I still think HO and her husband abused that child to his death. He was intensely scapegoated in that home, from all the evidence, and what they have admitted to. I don't think she is innocent, just because the re-trial charges were dropped. The prosecutor doesn't think he can win the case, IMO.

The husband pleaded guilty to lesser charges to avoid prison, so he could care for the bio kids, while HO went to prison. I think the prosecutor's decision has less to do with whether she is actually guilty, and more to do with the cost, and length of an uncertain trial. They could spend millions re-trying this woman, and a rogue juror could cause a hung jury, etc. JMO.

I don't think the prosecutor thinks she's innocent, either. I just think the decision was made not to chase this any further. She did 7 years-- at least that's something. Lots of murdered kids don't get any justice, they are never found, or charges are never brought on their behalf.

I'm hopeful they won't seek to adopt any more kids. A legitimate agency wouldn't qualify them, but there are some fringe adoption groups that ignore mainstream requirements, and approve pretty much anyone that identifies themselves as religious. I hope HO and her husband never try to adopt again. They already have enough kids to worry about, IMO.

This is an odd outcome, especially when the recent prosecution of Lacey Spears for something so similar was successful.
 
Yes, but there was a LOT more direct evidence in the Lacey Spears case, compared to HO's. It was almost a slam dunk in the LS case. That's why Lacey's attorneys didn't call any witnesses or put on a defense, IMO.
 
Mom convicted in salt poisoning death to get nearly $600K for wrongful incarceration (with clip)

"Hannah Overton, a south Texas mother of five whose wrongful conviction for the 2006 death of her foster son was overturned last year, is expected to receive over $500,000 in compensation from the state for the years she spent in jail.

“I’m very thankful that this compensation is finally coming through,” Overton told ABC News. “No amount of money will ever bring back the years that were taken away, and the seven years of freedom I lost. I could never thank my attorneys enough for fighting endlessly to prove my innocence and bring me home.”

According to Overton’s attorney, Cynthia Orr, the Texas comptroller told Overton on Tuesday that she would receive a check for $573,333.33 as compensation her for her wrongful incarceration. She is also qualified to receive insurance and education benefits. Beginning next year, she will also receive an annuity.

She is also pregnant with her sixth child....

In May 2017, Nueces County District Attorney Mark Gonzalez officially declared Overton innocent in the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry Overton, were in the process of adopting before he died more than 10 years ago. That official statement granted her access to state funds that are provided to the wrongfully convicted and also prevented her from being tried for the crime again...

Overton was released on bond in December 2014 after a Texas appellate court overturned her conviction and life sentence. But former Nueces County District Attorney Mark Skurka charged Overton a second time for murder after her release...

Skurka ended up dropping the new case against her in 2015 but Overton remained in legal limbo until Gonzalez officially declared her innocence last year, thus closing a significant chapter on this decade-long case..."

http://abcnews.go.com/US/texas-moth...erturned-receive-500k-state/story?id=53578422

ht_andrew_burd_081021_wmain.jpg

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