Shaken Baby References Should Be Excluded

Shaken baby references should be excluded By Tracy M. Neal Staff Writer [email protected] Posted on Thursday, October 13, 2005 URL: http://www.nwanews.com/story.php?paper=bcdr&storyid=26452

BENTONVILLE — Authorities believe 4-month-old Dominick Sanders died as the result of being violently shaken by his baby sitter. Samantha Ann Mitchell, 31, is charged with capital murder, a class Y felony. If convicted, she will be sentenced to life in prison. She previously pleaded not guilty to the charge. Drew Miller, Mitchell’s attorney, filed a motion Wednesday seeking to exclude any references to the jury concerning shaken infant syndrome or shaken baby syndrome. Police began investigating the case March 15 after being alerted by doctors in the emergency room at St. Mary’s Hospital in Rogers. The infant was brought 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. 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. According to court documents, Miller contends the use of the terminology "shaken-infant syndrome" can mislead the jury into believing that such injuries can only result from the deliberate, nonaccidental shaking of a child. Court documents filed by Miller also state the jury should not hear testimony referring to shaken-infant syndrome because scientific literature illustrates the fact that it is a diagnosis that engenders both ongoing and scientific debate. The science on shaken-infant syndrome is largely unsettled with disagreement by the experts, according to court documents. Circuit Judge David Clinger previously scheduled a hearing for Dec. 1 concerning expert witnesses’ testimony. Miller is also seeking to suppress the statement his client gave to Rogers police. A hearing is scheduled for 1:30 p.m. Nov. 17. Mitchell was released from the Benton County Jail after posting $100,000 bond.