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Collman v. State8/23/2000
the kid to show me respect."
Sometime between June and October 1995, Collman and his friend, Robert Marcum, were talking about disciplining their children. Marcum confided to Collman that he once spanked his son, Ian, too hard. Marcum explained that after he did it, he was very upset with himself, hugged Ian, and told Ian that he loved him. In response, Collman told Marcum that he had hit Damian too hard and left bruises.
Sometime between October 1995 and January 1996, Stach, Collman, and Damian were at the McDonald's in Ely when they saw Marcum and Ian there. Marcum testified that Damian looked pale, sickly, and blotchy; he soon realized that Damian's face was very bruised. Damian and Ian played in the Playland and returned to the adults just as Collman brought the food from the counter. In a voice loud enough to attract attention, Collman said, "Damian, where did you get those bruises?" According to Marcum, Damian had no more bruises after returning from Playland than he did before playing. Marcum found Collman's behavior strange and his question to Damian contrived. Marcum was so concerned for Damian's welfare that he called Support, Inc., the town's support group service. The record does not reflect the result of Marcum's phone call.
In November 1995, Damian had diarrhea which leaked out of his diaper and ran all over himself. Stach cleaned him up and told Collman what happened. Collman stated that little boys should not do that and spanked Damian with a plastic slotted spoon on his naked buttocks three to five times.
Sometime between December 1995 and January 1996, Stach punished Damian for misbehaving by making him stand in the corner. Damian was fidgeting with his hands, so Stach told him to stop. When Damian continued to fidget, Collman used duct tape to tape Damian's hands together and to the wall high above Damian's head. When Damian started screaming hysterically, Stach made Collman let Damian loose. The incident lasted only ten to twenty seconds, and Collman testified that the tape did not stick.
In January 1996, a woman observed Collman, Stach, and Damian at a store. She noticed that Damian was very bruised and became concerned for his welfare. She said hello to Damian, who looked frightened, and told Collman that she would love to take Damian home with her. The woman testified that Collman replied in a serious tone that he would give her five dollars to take him. She also noticed Collman speak to Damian in a harsh, stern, and cold way, causing Damian to cry. The woman explained that she was unable to report this incident to the authorities because no license plate was on Collman and Stach's car.
Throughout most of the time that Collman and Stach lived together, Damian almost always had bruises; the bruising became more regular after Stach, Damian, and Darian joined Collman in Ely in October 1995. Stach testified that when she would return from errands after leaving the boys with Collman, Damian would have unexplained bruises. Collman repeatedly told Stach that Damian fell and instructed her to tell people the same. Stach testified that she complied with this request because she did not want to believe that Collman was harming Damian. Stach also discovered new bruises on the evening before Damian's death.
In November 1995, Damian began losing his hair, possibly due to stress. Starting in December 1995, within a month of Damian's death, he became withdrawn, serious, sad, and less vivacious, and he stopped being affectionate with Collman.
Many witnesses testified that Collman was not upset or emotional at the hospital on January 19, 1996. Within the couple of weeks following Damian's death, Collman re
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