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State v. Lauderdale

9/5/2003



This case relates to the death of seven-year-old Dominique Porter. Officer Joshua Mann Frey of the Paris Police Department testified that he responded to an Emergency Medical Services (EMS) call at 1003 Reynolds Street on May 29, 2000, at 6:04 p.m. He said that when he arrived at the scene, the victim was in an ambulance and appeared to have burn marks on the left side of her face and neck. He said that the victim was unresponsive and that he interviewed Archilene Lauderdale, the defendant's mother, who informed him that she and her husband had just arrived at the defendant's apartment, found the victim unresponsive, and telephoned EMS. He said that three or four other children and Mrs. Lauderdale's husband were also at the scene but that the defendant was not present. He said he went into the living room but did not notice anything out of the ordinary.


Officer Frey testified that he went to the emergency room at the Henry County Hospital and interviewed the defendant. He said the defendant was at the hospital visiting Alecia Porter, who was the defendant's girlfriend and the victim's mother. She was there giving birth to their child. He said that the defendant was calm and that the defendant told him the victim had gone to bed about 2:00 p.m and was still sleeping when he left the apartment at 5:00 p.m. Officer Frey said he also talked with a doctor, who told him that the victim's burns appeared to be two to three days old and that a CAT scan showed the victim's brain had shifted from left to right. On cross-examination, Officer Frey testified that he did not get into the ambulance with the victim but looked at her through the back door. He said he interviewed Keshonte Porter, the victim's younger sister. He said that he also interviewed Alecia Porter and that he tried to interview the defendant's neighbors but was unable to contact any of them.


Alecia Lynette Porter, the victim's mother, testified that she had six children. She said that three were the defendant's and that at the time of the victim's death, she and the defendant had been together for about four and one-half years. She said that on May 28, 2000, she was in the Henry County Hospital having a baby. She said that she last saw the victim on May 25, that the victim was fine at that time, and that she learned about the victim's injuries on May 29. She said that when she saw the victim at the Henry County Hospital, the victim was bandaged up and she could only see the victim's eyes. She said the victim remained unresponsive and died at Vanderbilt Hospital after life support was removed. She said the defendant told her the victim had fallen off the bed. She said that her apartment's living room had a concrete floor covered with tile and that an oriental rug partially covered the floor.


On cross-examination, Ms. Porter testified that the victim and Keshonte Porter sometimes ironed their own clothes and often played at the playground down the street. She said that when the victim was transported to Vanderbilt Hospital, Dr. Carolyn Orr told her that the victim had scratches on her neck. She denied telling Dr. Orr that the victim got the scratches while playing at the park several days before the crime in question. On redirect examination, Ms. Porter testified that to the best of her knowledge, the defendant was the only person supervising her children while she was in the hospital.


Dr. Mary Barraza Taylor, a pediatric intensive care physician at Vanderbilt Children's Hospital, testified that she was the victim's treating physician when the victim arrived at Vanderbilt on May 29 and that Dr. Frederick Barr became the victim's primary caregiver the next day. She said the victim was in a coma and unrespons

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