"The judge said discrepancies in Bellamy's testimony and other evidence led her to conclude that the toddler didn't die from an accidental fall and that Bellamy caused her death. However, the judge said she didn't believe that Bellamy intended to cause serious injury or death to her granddaughter."
REPORTER HELEN JUNG; THE OREGONIAN;
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BACKGROUND; The prosecutor says evidence from doctors will show that Magathan's injuries could not have been caused by falling 22 inches from the bed down to the carpeted floor. He adds that Bellamy, who had been on the phone to try to get a rebate from Cricket Wireless, was frustrated because the toddler was getting into her papers that were spread on the bed where she sat with the child. He also charges that Bellamy's own words at times suggest she had shaken the child. But her attorney says Bellamy, 60, has never shown signs of a temper or lashing out against her granddaughter -- or anyone else, for that matter. He says a child-abuse expert that is expected to testify for the prosecution has "an agenda" and lacks the qualifications to back up his findings. "Everything he can't explain is child abuse," the defence lawyer says, adding that the grandmother could not physically have committed the injury to the 35-pound toddler that investigators accuse her of doing. He says the girl had had numerous falls previously and had several times indicated pain in her head, which was written off by others as teething. But he says there may have been some other defect or injury that caused the bleeding and swelling in her brain." (Adapted from the Oregonian);
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"A Multnomah County Circuit judge found a Gresham grandmother guilty of the lesser charge of criminally negligent homicide in the October 2009 death of her granddaughter," the Oregonian story by reporter Helen Jung published earlier today under the heading, "Judge convicts Carolyn Bellamy of Gresham of criminally negligent homicide in death of granddaughter," begins.
Judge Janice Wilson found Carolyn Bellamy, 60, not guilty of murder and manslaughter in the death. Bellamy dabbed at her eyes throughout the judge's explanation of what led her to the verdict," the story continues.
""My heart goes out to every single one of you in this courtroom," Wilson said.
Bellamy had been charged in the death of 23-month-old Ariana Magathan, who died four days after she was rushed to the hospital from her grandmother’s home.
Bellamy had been watching the toddler and making a phone call to Cricket Wireless customer service when she said the girl fell off the bed. Bellamy said the girl cried, had some convulsions and then went limp in her arms.
But the state argued that Bellamy’s story contradicted medical experts’ opinion that the girl died from abusive head trauma. The symptoms — including bleeding in her brain and swelling in her head — were consistent with being violently shaken, said Multnomah County deputy district attorney John Casalino.
Bellamy’s claims that the toddler fell off the bed — which 22 inches off the ground — would not have killed the girl, he argued.
Bellamy’s attorney, Russell Barnett, maintained that Bellamy was not physically able to shake the 30-plus pound toddler to death, noting Bellamy's short stature and health problems. He also argued that the doctors conceded that short falls can, in rare cases, be fatal.
The judge said discrepancies in Bellamy's testimony and other evidence led her to conclude that the toddler didn't die from an accidental fall and that Bellamy caused her death. However, the judge said she didn't believe that Bellamy intended to cause serious injury or death to her granddaughter.
Wilson referred to the testimony of a doctor who said injury to the brain stem could result from a smaller amount of force other than a sustained violent shaking.
This post will be updated with additional details."
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The story can be found at:
http://www.oregonlive.com/gresham/index.ssf/2011/07/verdict_in_carolyn_bellamy_mur.html
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
