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People v. Wadle1/30/2003
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Taubman and Webb, JJ., concur
Defendant, Deborah L. Wadle, appeals the judgment of conviction entered on a jury verdict finding her guilty of child abuse resulting in death. Because we conclude there was sufficient evidence to support defendant's conviction, we reject defendant's contention that she is entitled to acquittal as a matter of law. However, we reverse the trial court's order denying defendant's motion for new trial based on juror misconduct and remand for a new trial.
I.
Defendant was the stepgrandmother of the victim, a four- month-old infant male. At the request of the victim's mother, defendant agreed to baby-sit the victim. She picked up the victim and took him to her apartment. About one hour later, she called 911 and reported that the victim had stopped breathing.
When paramedics arrived, the victim was blue from lack of oxygen. After clearing an airway and stabilizing the victim, paramedics transported him to the hospital where a CAT scan showed signs of a subdural hematoma, bleeding under the membrane that lines the skull. A pediatric opthamologist observed retinal hemorrhaging in the victim's eyes, and based on these observations, doctors concluded he suffered from shaken baby syndrome.
Three days later, the victim was determined to be brain dead. He was removed from life support and died. An autopsy confirmed the subdural hematoma and retinal hemorrhaging and also showed diffuse axonal injury , the disruption and shearing of nerves in the brain.
Defendant was charged with first degree murder, § 18-3-102(1)(f), C.R.S. 2002, and child abuse resulting in death, § 18-6-401(7)(a)(I), C.R.S. 2002. At her first trial, she was acquitted of murder, but the jury could not reach a verdict on the child abuse charge. At the second trial, defendant was convicted of child abuse resulting in death.
II.
Defendant first contends there was insufficient evidence to support her conviction and she is therefore entitled to acquittal as a matter of law. We disagree.
When assessing the sufficiency of the evidence, the reviewing court must determine whether any rational trier of fact could accept the evidence, taken as a whole and in the light most favorable to the People, as sufficient to support a finding of guilt beyond a reasonable doubt. People v. Sprouse, 983 P.2d 771 (Colo. 1999).
It is the fact finder's function to consider and determine what weight should be given to all parts of the evidence and to resolve conflicts, inconsistencies, and disputes in the evidence. Kogan v. People, 756 P.2d 945 (Colo. 1988). We may not disturb the jury's determination on issues of credibility and weight unless the evidence is legally insufficient to support a finding of guilt beyond a reasonable doubt. People v. Brassfield, 652 P.2d 588 (Colo. 1982).
The issue here was whether the victim died from having been violently shaken or from nontraumatic causes. Numerous experts testified for each side, and medical testimony interpreting the same physical evidence was offered to support both theories. The verdict in large part depended on the weight given each side's expert testimony.
According to the People's evidence, an autopsy of the victim revealed a subdural hematoma, retinal hemorrhaging, and diffuse axonal injury . There was expert medical testimony that the coincidence of these conditions is consistent with shaken baby syndrome and that the victim's death was not attributable to other causes. There was also testimony that the victim's injuries were sustained while he was in defendant's care.
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