Wednesday, November 30, 2016

Shelley Richter: Missourri: Shaken Baby Syndrome; Bulletin: Appeal denied, the daycare provider must serve her 5-year sentence; Link to the Missouri Court of Appeal's full opinion..."Richter ran a daycare service at her home when then-7-month-old Lane Schaeffer suffered a brain injury there in 2010. The Cole County woman claimed she accidentally dropped him on the floor, but several doctors who had worked on Schaeffer said his injuries were caused by shaken baby syndrome."...Reporter Tommy Sladek: KRCG; November 22, 2016.


"Investigators say Shelley Richter shook and seriously injured then seven-month-old Lane Schaeffer at her Taos-home in August of 2010...Shelley Richter, a Cole County daycare provider, was taken into custody to serve her five years imprisonment Tuesday afternoon. Richter appealed her sentence after being found guilty of endangering the welfare of a child in March 2015. The Taos woman was originally convicted of child endangerment in March 2013, but a judge ordered a new trial after it emerged that new evidence from a hotline call was not provided to either side in the first trial. Richter ran a daycare service at her home when then-7-month-old Lane Schaeffer suffered a brain injury there in 2010. The Cole County woman claimed she accidentally dropped him on the floor, but several doctors who had worked on Schaeffer said his injuries were caused by shaken baby syndrome."
As a result of his injuries, Lane is developmentally delayed, blind and will require assistance for the remainder of his life.........To read the Missouri Court of Appeals' full opinion click here."
http://krcgtv.com/news/local/jury-denies-richters-appeal-daycare-provider-sentenced-to-5-years-in-prison

See March 13, 2013 post of this Blog for the defence position  on the shaken baby syndrome allegation and testimony for the defence by Dr. John Plunkett, at the link below: "
From earlier coverage: 
   “At the end of the day there’s somewhat complicated medical testimony,” Assistant Prosecutor Cheryl Nield reminded the jury in her final, closing argument. “(But the doctors’) conclusion was consistent that Lane Schaefer was injured by shaking — a non-accidental event.” But that’s not true, said Shane Farrow, Richter’s attorney. “There are inconsistencies amongst these experts who are saying, ‘You can rely on us,’” Farrow reminded the jury. “All said dropping (a child) wouldn’t cause these injuries (but our expert) Dr. Plunkett said these injuries are consistent with being dropped from a short distance.” Farrow agreed Lane Schaefer, now 3, suffered serious, disabling injuries on Aug. 19, 2010, while he was in Richter’s care at her in-home day care in Taos. “This is a tragic case,” he acknowledged, “but that doesn’t mean Shelly Richter knowingly shook Lane Schaefer or knowingly hit his head (on something).” Farrow presented only three witnesses during this morning’s testimony: Richter; Dawn Wilde, a neighbor and former Highway Patrol trooper whom Richter called first, when she realized the boy — then 7 months old — was seriously hurt after she dropped him while falling; and Dr. John Plunkett, a retired Minnesota medical examiner. Plunkett reviewed all of Schaefer’s medical records and the sheriff’s department’s probable cause statement filed with the initial charges, and told the jury this morning that the Missouri doctors were wrong when they concluded Lane’s serious brain injuries were caused by his being shaken. “If you fall and you hit your head, the likelihood of serious injury is pretty high,” Plunkett testified. A Cole County grand jury indicted Richter, now 42, in September 2010 for child abuse, a Class B felony, and endangering the welfare of a child, a Class C felony. Conviction of the abuse charge could result in a prison sentence of five-15 years. Conviction of the “endangering” charge could result in a prison sentence of up to seven years."

 http://smithforensic.blogspot.ca/2013/03/bulletin-shelley-richter-missouri_13.html