Judge Says Shaken Baby Syndrome Can Be Used In Trial

Judge says shaken baby syndrome can be used in trial By Tracy M. Neal Staff Writer // [email protected] Posted on Thursday, September 7, 2006 URL: http://www.nwanews.com/bcdr/News/39398/ BENTONVILLE — Prosecutors and witnesses can use the term “ shaken-baby syndrome” during the capital murder trial of a Rogers woman accused of killing a 4-month-old child. Samantha Anne Mitchell, 32, of Rogers, is charged with capital murder. Prosecutors are not seeking the death penalty in the case. If convicted of the capital murder, Mitchell will receive a sentence of life in prison. Authorities believe the death of 4-month-old Dominick Sanders was a result of being shaken by Mitchell. Police began investigating the case March 15, 2005, after being alerted by doctors in the emergency room at St. Mary’s Hospital in Rogers. Sanders was taken there after he had seizures. Doctors determined the seizures were caused by bleeding and swelling of the brain, according to an affidavit of probable cause in the case. Sanders was later taken to Arkansas Children’s Hospital in Little Rock, where he died. Doctors at Children’s Hospital told police the infant’s injuries were consistent with being violently shaken, according to court documents. Dr. Karen Farst of Arkansas Children’s Hospital said that to inflict the nature and degree of injuries sustained by the child, a person would typically have to violently shake an infant for approximately 15 to 20 seconds. Rogers attorney Drew Miller asked Circuit Judge David Clinger, during a hearing Wednesday morning, to exclude the use of the term “ shaken-baby syndrome” in front of the jury. Miller claims the term is too prejudicial and could harm his client in jurors’ eyes. Miller worried that an expert witness telling jurors the child’s injuries were the result of shakenbaby syndrome would automatically equate to murder for jurors. Deputy Prosecutor Clay Fowlkes argued that shakenbaby syndrome is a valid medical diagnosis, and there is no evidence to show that the term is too prejudicial for jurors to hear. Farst testified via telephone that shaken-baby syndrome is a valid medical diagnosis, and articles had been written about it in medical journals and textbooks. Farst said the syndrome has been a diagnosis for 30 years, and she has used it as a diagnosis while a doctor at Children’s Hospital. Farst also said she could testify during the trial without using the term. Clinger denied Miller’s motion and found that because the term is a valid medical diagnosis, it can be used during the trial.

Clinger said the term shakenbaby syndrome may not be the major prejudicial obstacle in the case because Mitchell faces unfair prejudice as a result of the capital murder charge against her and because she is accused of killing a 4-monthold child. Jury selection in the case is scheduled to begin Friday morning. Sixty prospective jurors have been summoned to report at 8: 30. Opening statements may begin by 1: 30 p. m. Monday. During an interview with Rogers police, Mitchell denied violently shaking the infant but demonstrated, with the use of a doll, how she had held the child face down over her right arm. She said she used her left hand and foot to try to open a swing, and she had to set the child down two or three times. Mitchell has pleaded not guilty to the charge. She is free on $ 100, 000 bond. What is shaken-baby syndrome ? According to information from the National Institute of Neurological Disorders and Stroke, shaken-baby syndrome is a severe head injury that occurs when a baby is shaken forcibly enough to cause the baby’s brain to bounce against the skull. The injury may cause bruising, swelling and bleeding of the brain, which may lead to permanent, severe brain damage or death. Symptoms include changes in behavior, irritability, lethargy, loss of consciousness, pale or bluish skin, vomiting and convulsions.