Judge Will Decide On Shaken Baby Issue

Judge will decide on shaken baby issue By Tracy M. Neal Staff Writer // [email protected] Posted on Thursday, August 17, 2006 URL: http://www.nwanews.com/bcdr/News/38538/ BENTONVILLE — Benton County Circuit Judge David Clinger will rule in a few weeks whether prosecutors can use the term “ shaken-baby syndrome” in front of jurors during the capital murder trial of a baby sitter accused of killing a 4-month-old infant. Samantha Anne Mitchell, 32, of Rogers is charged with capital murder in connection with the death of Dominick Sanders. Prosecutors are not seeking the death penalty in the case. If Mitchell is convicted of the charge, she will receive a sentence of life in prison. 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 of his injuries. 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, who represents Mitchell, wants Clinger to issue an order preventing prosecutors from using the term “ shakenbaby syndrome” in front of the jury. Clinger listened Wednesday to testimony from Dr. Charles Kokes, chief medical examiner for the Arkansas Crime Laboratory, concerning the child’s cause of death and shakenbaby syndrome. Clinger previously ruled that prosecutors and witnesses could use the term, but Miller asked the judge to reconsider his ruling. Clinger scheduled a hearing for 8: 30 a. m. Aug. 31 to issue his ruling. 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. Jury selection is scheduled for Sept. 8. Testimony in the trial could begin as early as 1: 30 p. m. Sept. 11. Miller may also file a motion to exclude taped conversations of telephone calls Mitchell made while she was held in the Benton County Jail.

Chief Deputy Prosecutor Van Stone previously said that there is nothing directly incriminating on the tapes, but the tapes may be utilized to show Mitchell’s state of mind. Prosecutors may use 25 of the taped conversations as evidence during the trial, according to Stone. What is shaken-baby syndrome ? According to information from the National Institute of Neurological Disorders and Stroke, shakenbaby 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.