PASSAGE OF THE DAY: "Defense attorney Harold Hagberg painted Woodworth as a loving and protective mother and argued no evidence was presented to show Woodworth planned to hurt 8-month-old Maci Moor, (Prosecutor) Randall said. However, testimony from Woodworth's grandmother, mother and sister — who were all at Woodworth's home the day she called an ambulance for Maci — wasn't consistent, Randall said. Trial testimony centered on the timeline from when Maci awoke from a nap to when Woodworth called 911. It makes you wonder what happened," Randall said. "All it takes is that snap." Hagberg, who represented Woodworth along with attorney Andreas Kyres, said evidence in the case pointed to a tragic accident, not a case of shaken baby syndrome."
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GIST: "A Lake Criminal Court jury found a babysitter guilty of neglect but acquitted her of two counts of battery Monday in connection with the death of her former friend's 8-month-old daughter in 2016.
Trisha Woodworth, 32, of Calumet Township, could face a sentence of 20 to 40 years in prison when Judge Samuel Cappas sentences her on one count of neglect of a dependent, a level 1 felony.
The jury found her not guilty of aggravated battery, a level 1 felony, and battery resulting in the death of a person younger than 14, a level 2 felony.
Lake County Supervisory Deputy Prosecutor Eric Randall told jurors the injuries that caused 8-month-old Maci Moor's death could have happened in an instant.
Defense attorney Harold Hagberg painted Woodworth as a loving and protective mother and argued no evidence was presented to show Woodworth planned to hurt 8-month-old Maci Moor, Randall said.
However, testimony from Woodworth's grandmother, mother and sister — who were all at Woodworth's home the day she called an ambulance for Maci — wasn't consistent, Randall said. Trial testimony centered on the timeline from when Maci awoke from a nap to when Woodworth called 911.
"It makes you wonder what happened," Randall said. "All it takes is that snap."
Hagberg, who represented Woodworth along with attorney Andreas Kyres, said evidence in the case pointed to a tragic accident, not a case of shaken baby syndrome.
Three medical professionals who testified on Woodworth's behalf each concluded Maci's injuries were not consistent with shaken baby syndrome.
One of the doctors testified that Maci likely suffered a stroke while in Woodworth's care April 15, 2016, due to injuries caused by a fall April 11, 2016, while playing with a "jump-a-roo" at her parents' Hammond home.
Hagberg said a defense expert testified the fall likely caused a blood clot, which restricted blood flow from Maci's brain. People who suffer strokes often appear OK until they suddenly are not OK, he said.
Woodworth and Maci's mother had been friends since the age of 15, and the mother initially asked Woodworth to ride in an ambulance with her daughter if she didn't make it to Woodworth's home in time, Hagberg said.
"The evidence does not point to someone who is going to harm their best friend's baby," he said.
Randall questioned the qualifications and credibility of the defense's experts compared to the state's key witness, a board-certified child abuse pediatrician at the University of Chicago Comer Children's Hospital in Chicago who concluded Maci's injuries were consistent with shaken baby syndrome.
Hagberg said the defense's experts were experienced professionals who would not risk their reputations by testifying about a conclusion they didn't truly believe.
Randall said Hagberg was "frank and truthful" and characterized his argument as an admission that the doctors would not have been hired if they didn't agree with the defense's position.
Prosecutors don't get to choose their witnesses, Randall said."
The entire story can be read at:
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;
