PASSAGE OF THE DAY: "The Yhips in 2010 adopted Benjamin and Benjamin’s twin
brother from Taiwan at the age of 1, according to the Northern
California Innocence Project (NCIP), which assisted the family. Benjamin
had suffered “chronic health concerns” in Taiwan, including recurring
infections and multiple hospital stays during his first year of life.
Benjamin’s health issues continued in the U.S., according to
the NCIP. In 2011, he was hospitalized, diagnosed with “failure to
thrive” and placed on a feeding tube. Bone scans also showed he had
various abnormalities. In April 2012, Benjamin stopped breathing while
at home,
according to the NCIP. Edelyn Yhip at that time made a “frantic” 9-1-1
call, according to the NCIP, leading to paramedics finding Benjamin
unresponsive. “At the hospital, bone scans showed unchanged
abnormalities
suggesting a genetic condition, and the neurosurgeon opined Ben had
suffered a stroke that caused his collapse,” according to the NCIP. “Ben
was put on life support and eventually declared brain dead.
Arrangements were made for organ donation.” The NCIP said that “despite
the evidence that Ben was a sick
child who tragically died,” an autopsy indicated the boy’s cause of
death was blunt force trauma based on findings commonly attributed to
the “unreliable medical diagnosis of ‘shaken baby syndrome’ or ‘abusive
head trauma.'” Paige Kenab, an attorney for NCIP, said the organization
doesn’t usually participate in pretrial litigation, but it decided to
help in the Yhips’ case in part because “shaken baby syndrome” has been
an area where wrongful convictions have been growing. Kenab noted that
the District Attorney’s Office was open to
holding conversions with the NCIP and was interested in the “truth of
what happened to Ben.”
--------------------------------------------------------------
QUOTE OF THE DAY: "Edelyn Yhip’s attorney, Victor Haltom, said, “To me, and I
think a lot of the members of this team, I think it’s been pretty clear
all along that the Yhips weren’t responsible for (Benjamin’s) death.”
Haltom called the charges and six-year prosecution of the Yhips a
“tragedy.” District Attorney Mike Ramsey said over the last six years,
the defense and prosecution had the opportunity “drill down” and examine
the case thoroughly. Ramsey said all evidence initially pointed to
Benjamin
suffering abusive head trauma. But further findings, including findings
by the defense, cast some doubt on that conclusion."
--------------------------------------------------------------
STORY: "Murder charges dropped
against Chico doctor, nurse in son’s 2012 death," by reporter Andre
Byik, published by the Chico Enterprise-Record on August 23, 2018.
PHOTO CAPTION: "Murder charges were dropped Thursday against Chico doctor James
Yhip and nurse Edelyn Yhip in connection with the 2012 death of their
2-year-old son Benjamin."
GIST: "Murder and child abuse charges have been dropped against a Chico
doctor and nurse stemming from the 2012 death of their adopted son. At a hearing Thursday at Butte County Superior Court in Oroville, a
judge dismissed the cases against Dr. James Peter Yhip and nurse Edelyn
Yhip. The judge dismissed the cases after the Butte County
District Attorney’s Office filed a motion seeking dismissal for lack of
sufficient evidence. The Yhips had been charged with murder and child abuse in the April 19, 2012, death of their 2-year-old son Benjamin. Prosecutors had alleged Benjamin died of blunt force trauma to the
head following an incident that happened April 18, 2012. The injuries,
prosecutors had alleged, were consistent with “shaken baby syndrome” and
abuse. But defense attorneys contended Benjamin was a sick child whose death
was caused by underlying medical issues, not blunt force trauma. The Yhips were charged in 2012. A trial was scheduled to begin next month. That trial was canceled Thursday. During the hearing Thursday, the prosecutor, Stacy Edwards, told the
judge that the prosecution would not be able to prove the charges
against the Yhips beyond a reasonable doubt. Edwards said the lack of sufficient evidence regarded an “extensive
disagreement with respect to Benjamin Yhip’s cause of death.” She said the District Attorney’s Office consulted a doctor to
“independently” review the findings of the original forensic pathologist
in the case, as well as the findings of experts for the defense. That
doctor concluded Benjamin’s cause of death could not be determined,
which weighed heavily on the prosecution’s decision to seek a dismissal. After the judge, Candace Beason, dismissed the cases, an
audience of supporters for the Yhips erupted into cheers and applause.
The Yhips, seated next to their respective attorneys, embraced each
other. Thursday’s hearing marked the end of a yearslong court
battle for the Yhips that included them losing custody of their two
other children, now 13 and 9, for a one-year period between 2012 and
2013. Outside of court, Edelyn Yhip, an oncology nurse for Enloe
Medical Center, said it has been hard living under the the charges and
accusations of the District Attorney’s Office. “We have had people that stood by us, and some we didn’t
know were supporters came out, offered their homes so we wouldn’t be in
jail,” Edelyn Yhip said, adding, “There has been an outpouring of
support in the community.” Peter Yhip, a cardiologist who said he had been out of
custody on bail, was only able to post bail after friends offered their
homes as collateral, he said. “It’s obviously been very hard,” Peter Yhip said. He added: “My partner, who was actually one of those persons
who put his home up for my bail, actually passed away this year. My
mother also passed away this year. Unfortunately neither of them are
here to hear this being dismissed.” The Yhips in 2010 adopted Benjamin and Benjamin’s twin
brother from Taiwan at the age of 1, according to the Northern
California Innocence Project (NCIP), which assisted the family. Benjamin
had suffered “chronic health concerns” in Taiwan, including recurring
infections and multiple hospital stays during his first year of life. Benjamin’s health issues continued in the U.S., according to
the NCIP. In 2011, he was hospitalized, diagnosed with “failure to
thrive” and placed on a feeding tube. Bone scans also showed he had
various abnormalities. In April 2012, Benjamin stopped breathing while at home,
according to the NCIP. Edelyn Yhip at that time made a “frantic” 9-1-1
call, according to the NCIP, leading to paramedics finding Benjamin
unresponsive. “At the hospital, bone scans showed unchanged abnormalities
suggesting a genetic condition, and the neurosurgeon opined Ben had
suffered a stroke that caused his collapse,” according to the NCIP. “Ben
was put on life support and eventually declared brain dead.
Arrangements were made for organ donation.” The NCIP said that “despite the evidence that Ben was a sick
child who tragically died,” an autopsy indicated the boy’s cause of
death was blunt force trauma based on findings commonly attributed to
the “unreliable medical diagnosis of ‘shaken baby syndrome’ or ‘abusive
head trauma.'” Paige Kenab, an attorney for NCIP, said the organization
doesn’t usually participate in pretrial litigation, but it decided to
help in the Yhips’ case in part because “shaken baby syndrome” has been
an area where wrongful convictions have been growing. Kenab noted that the District Attorney’s Office was open to
holding conversions with the NCIP and was interested in the “truth of
what happened to Ben.” Edelyn Yhip’s attorney, Victor Haltom, said, “To me, and I
think a lot of the members of this team, I think it’s been pretty clear
all along that the Yhips weren’t responsible for (Benjamin’s) death.” Haltom called the charges and six-year prosecution of the Yhips a “tragedy.” District Attorney Mike Ramsey said over the last six years,
the defense and prosecution had the opportunity “drill down” and examine
the case thoroughly. Ramsey said all evidence initially pointed to Benjamin
suffering abusive head trauma. But further findings, including findings
by the defense, cast some doubt on that conclusion. “Do we think that (the Yhips) are factually innocent?”
Ramsey said. “We’re not going to speak to that other than to say there
are substantial disagreements on both sides. But when we step back and
take a look at everything that is here in the evidence, we felt that we
could not go before a jury and get a verdict of beyond a reasonable
doubt.” The district attorney added that prosecutors “are
constrained by making sure that we do justice. Justice means that we do
not go forward on a case in which we believe that there would be
reasonable doubt shown to a jury.”"
The entire story can be read at:
https://www.chicoer.com/2018/08/23/murder-charges-dropped-against-chico-doctor-nurse-in-sons-2012-death/
PUBLISHER'S NOTE: I am monitoring this
case/issue. Keep your eye on the Charles Smith Blog for reports on
developments. 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
Please send any comments or information on other cases and issues of
interest to the readers of this blog to: hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;
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