GIST: The three defendants accused in the death of 8-year-old Raylee Browning could face up to 15 years in prison after being found guilty on one of the two charges presented before a jury in Fayette County.
The jury’s verdict was returned Monday afternoon after about 3 and-a-half hours of deliberations.
Raylee’s father, Marty Browning Jr.; Marty’s wife, Julie Titchenell Browning; and Julie’s sister, Sherie Titchenell were arrested in December 2019 on charges of death of a child by a parent, guardian or custodian by child abuse and child neglect, which are two separate felony charges.
All three were found guilty on the charge of child neglect resulting in death and not guilty on the charge of child abuse resulting in death.
The child neglect charge carries a lesser sentence with a minimum of 3 years and a maximum of 15 years. The child abuse charge has the possibly of a life sentence.
After more than three years of waiting for justice to be served for her daughter, Raylee’s biological mother, Janice Wriston, said she is relived that the trial is finally over.
“This will help me feel some peace, a little bit, a least for her and our whole family,” Wriston said following the verdict. “It’s been hard, very hard.”
Raylee died the day after Christmas in 2018 while living in the home of the three defendants along with three other children.
Expert witnesses for the defense testified that Raylee died of a sepsis due to a severe bacterial pneumonia infection.R
While Raylee’s official time of death was not declared until after medical professionals attempted to revive her at Plateau Medical Center, the prosecution argued that Raylee had been dead for some time prior to a Sherie Titchenell placing a 911 call around 11:42 a.m. on Dec. 26.
The defense argued that was not the case, saying that Raylee’s labored breathing could be heard on the 911 call placed by Sherie Titchenell which was played for the jury. On the call, Sherie is asked multiple times to check if Raylee has a pulse, and she states each time that she is unable to find a pulse.
On the charges of child abuse and neglect, the defense argued in their closing statements that a “judgment call” was made when it came to treating Raylee’s illness, which manifest in the days leading up to her death, though there is speculation as to the severity of those symptoms.
While the three attorneys, individually representing each of the three defendants, all said their client made the wrong “judgment call,” they asserted that Raylee’s illness came on swift, giving them little time to react.
Citing the testimony of Julie Titchenell’s 15-year-old daughter, special prosecuting attorney Brian Parsons said Raylee’s illness was not sudden and she was so noticeability sick that even Julie’s daughter, who was 11 at the time, knew Raylee was unwell and needed help long before Raylee died.
In his closing arguments, Parsons argued that the defendants not only ignored the symptoms of Raylee deadly illness but also made her illness that much more deadly as a result of the abuse Raylee suffered prior to her death, which included the denial of food and water as a punishment.
Attorneys for the defendants said there was no evidence of abuse or neglect, citing Child
Protective Services (CPS) records from Nicholas County where all claims of abuse were found to be unsubstantiated.
In an interview following the verdict, Parsons said he believed CPS’ lack of findings were due to a breakdown in communication from the parties who made the referrals to the CPS employees who received those referrals.
“What I saw was a system that does not effectively communicate referrals that are made in the community to the investigators,” said Parsons, noting a referral made in 2015 by a teacher at Raylee’s school regarding a broken femur in her right leg.
Many medical processions who testified in the case stated that the only way a child can break his or her femur, which is the biggest bone in the body, is as a result of a traumatic event, such as a car accident, or by abuse.
“To me it’s a call to action to make sure that the information that's given to CPS from the community, that it's getting communicated to the persons in the institution that investigate these matters and resolve the cases,” Parsons said.
He added that he hopes that state is able to see the need for more oversight and monitoring of children who are being homeschooled or not regularly seen by an adult who is trained to recognize the signs or abuse and neglect.
“I hope that out of this, that there continues to be concerns raised and importance placed on taking care of children who are in home schooling, and aren't in the public school system, because they're really an at-risk population,” Parsons said.
In Raylee’s case, Parsons said her decline in health, including her severe weight loss and the increase of her psychosis medications, started in 2016 after she was removed from public school.
“We need to have a mechanism to make sure that our kids are being appropriately educated and appropriately protected in or out of the public school system,” he said.
Following the verdict, Parsons made a motion that the defendants’ $100,000 cash bond be revoked citing the potential that they may decide to flee now that they are all convicted felons.
This was met by objections from the defendants’ attorneys.
Fayette County Circuit Court Judge Paul Blake ruled in favor of the prosecution and ordered the defendants remanded into custody and taken to the Southern Regional Jail to await their sentencing which is scheduled for 9 a.m. on August 8.
The attorneys representing the three defendants said they did not wish to comment on the verdict though they reserved the right do to so at the sentencing next month."
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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;
