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Collman v. State8/23/2000
peatedly stated that he thought he was going to prison. He was also very defensive when any family member would question him about what had happened and would state that the hospital must have caused all Damian's bruises. In addition, one day the family was watching videotapes of Damian, and one showed Collman giving Damian a fake punch; Collman stated that they had better not show that videotape again. Further, Collman acted angry, impatient, uncomfortable, and irritated when Stach would cry over Damian's death.
In early February 1996, while in San Mateo, California for Damian's funeral, Collman propositioned Stach for sex and complained that they had not had sex for a long time. When she refused because she was still distraught, he responded that they were still a couple.
In April 1996, when the police transported Collman from Las Vegas to Ely for questioning, he continually asked what Stach had told them and stated that "she better not have sold me out for some stupid reason."
Evidence presented by Collman
Collman presented three theories of defense: that Damian died from a fall down the stairs; that Stach, not Collman, was Damian's abuser and killer; and that Damian died from choking on the bubble gum he had eaten the morning of his death.
To support his theory that Damian died from falling down the stairs, Collman presented testimony from his expert witness, Dr. Sohn, that Damian's death was the result of a spinal cord injury consistent with a fall. Further, Collman testified that when he was lying on the couch, he heard Damian scream and then a thud. Collman stated that he found Damian at the bottom of the stairs and was unable to resuscitate him with CPR. Collman claimed that he did not call 911 because he believed that the ambulance would come from McGill (a town about twelve miles outside Ely).
To support his theory that Stach had abused Damian and caused his death, Collman presented several incidents in which Stach allegedly abused Damian and was generally a bad mother, including the following.
In 1993, after Damian was born, Stach was frustrated with Damian's crying and eating habits and would have others help her care for him. She once slapped Damian's leg for being uncooperative when she was changing his diaper. One witness testified that when Damian was learning to walk and used a walker, Stach allegedly kicked the walker, sending it flying across the room until Damian smashed into the wall. Stach testified that in fact Damian was about to reach a sharp knife and out of fear she pushed away Damian's walker, which rolled to the other side of the room, tapping the wall.
In December 1994, Stach and Damian were staying in a hotel room with Flores and Richard in Santa Fe, New Mexico. Damian had been "acting up" all day and repeatedly made racial slurs about an African-American man who was walking outside the hotel window. Stach told him to stop, but he continued to repeat the epithet. Stach slapped Damian across the face with the back of her hand; Stach's ring cut Damian's lip, which started bleeding. Stach testified that she felt very bad about this incident and had not intended to injure Damian as she had.
In October 1995, Stach brought Damian over to Rick and Kim Colon's house. Rick Colon was Collman's friend from prison guard training. Stach pulled down Damian's pants to show them his bruises and proudly announced, "That's what bad boys get at my house." Stach suggested to the Colons that they discipline their children the same way. Rick Colon testified that he felt uncomfortable around Stach and felt concerned for Damian's welfare. However, he did not call the authorities on Damian's
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