Claims Against Child Dismissed

Claims against child dismissed By Tracy M. Neal Staff Writer // [email protected] Posted on Wednesday, September 13, 2006 URL: http://www.nwanews.com/bcdr/News/39645/

BENTONVILLE — Prosecutors presented testimony Tuesday that disputes claims that a 2-year-old child could have been responsible for the injuries that led to the death of 4-month-old Dominic Sanders. Dr. Steve Schexnayder, a pediatric critical-care physician at Arkansas Children’s Hospital in Little Rock, is one of the doctors who cared for Dominic before his death. Schexnayder was one of the witnesses prosecutors called to testify Tuesday during Samantha Anne Mitchell’s murder trial. Mitchell, the boy’s daycare provider, is charged with murder in the first degree. If convicted of the charge, she could be handed a prison sentence ranging from 10 to 40 years or life. Dominic, who was unresponsive and having seizures, was taken to St. Mary’s Hospital on March 15, 2005. He was then taken to Arkansas Children’s Hospital, where he died four days later. Prosecutors believe Mitchell violently shook the child sometime during the day of March 15 when she was caring for him in her home. Drew Miller, one of Mitchell’s attorneys, told jurors in his opening statements that his client’s then 2-yearold son caused the injuries when he shook a swing while Dominic was in it. Chief Deputy Prosecutor Van Stone questioned Schexnayder about Miller’s revelation. The prosecutor wanted to know whether a 2-yearold child could have caused Dominic’s brain injuries. “ Absolutely not, ” the doctor replied. “ I’ve never seen a 2-year-old that strong. ” Schexnayder said it was not conceivable to believe that a 2-year-old could have caused Dominic’s injuries. Dominic weighed 13 or 14 pounds at the time of his death, and Schexnayder said a 2-yearold would have trouble holding Dominic. Schexnayder said he watched a video Rogers police made of Mitchell’s son attempting to hold a doll similar to Dominic’s weight of 13 or 14 pounds.

(Dominic ) was “ a big, welldeveloped” child. Mitchell’s son could not hold the doll, Schexnayder said. Dominic was the victim of abusive head trauma, and his injuries were similar to being in a high-speed motor vehicle accident, Schexnayder said. The child had bleeding on the brain, swelling of the brain and retinal hemorrhage or bleeding behind the eyes, Schexnayder testified. The injuries did not happen from horseplay or from jostling on someone’s knee, the doctor said. Schexnayder said the child’s injuries were consistent with his brain being struck against the wall of his skull by hitting something or repeatedly being shaken. “ You would instantly recognize it as something you wouldn’t do to a child, “ Schexnayder said. The symptoms of being shaken began in Dominic within minutes or an hour after being shaken, the doctor said. The injuries were inflicted on Dominic by someone much larger than he was, Schexnayder said. He said the injuries occurred during the day of March 15, but he could not give an exact time. When questioned by Miller, Schexnayder could not tell the amount of force it took to cause the child’s injuries. Dr. Henry Thomas, an ophthalmologist at Children’s Hospital, testified that he had examined hundreds of babies with retinal damage. Thomas said he examined Dominic and found blood in all layers of the child’s retinas, which is a sign of shaken-baby syndrome. Thomas said the retinal hemorrhages were not caused at birth or from diabetes. “ They only time you see this is when a baby has been shaken, ” Thomas said when questioned by Deputy Prosecutor Clay Fowlkes. Thomas said he believes it took a lot of force to cause Dominic’s injuries. When questioned by Miller about Dominic’s injuries, Thomas said he believes some of the retinal damage may have begun healing and could have been days or a week old. When Dr. Karen Farst, a pediatrician from Children’s Hospital, testified, prosecutors presented an animated presentation on shaken-baby syndrome.

Circuit Judge David Clinger warned jurors that the presentation was not a reenactment of what happened to Dominic. Farst testified that in 70 percent of cases where a child has been shaken, there are not any bone fractures or bruises and abrasions to the body. Miller told jurors in his opening statements that the lack of bruises, broken bones and abrasions pointed to his client’s innocence. Farst said there were not any indications that Dominic had an immune deficiency or a blood disorder that caused his condition. Mitchell’s husband, Josh Mitchell, testified that he left between 6 a. m. and 6: 30 a. m. for work on March 15, and he believed his wife was home alone with their two children, Dominic and another girl she cared for. The girl’s parents — Cody Jones and Traci Jones — each testified during the trial. They both said they had seen Mitchell holding their daughter while Mitchell’s right arm was in a cast. They said the cast did not leave any marks or bruises on their daughter. Miller also told jurors that Mitchell could not grab and shake the girl because Mitchell’s right arm was in a cast. Traci Jones testified that Mitchell assured her that her broken wrist and the cast would not prevent her from taking proper care of their daughter. The couple removed their daughter from Mitchell’s care after learning about Dominic’s injuries. Testimony in the case will continue Wednesday morning. Prosecutors may call two more witnesses, then rest their case. Mitchell’s attorneys will then begin presenting her defense.