Wednesday, December 4, 2024

Former Kansas City Detective Roger Golubski; Kansas: (Multiple civil rights charges, including rape and coercion): Reportedly dead from a self-inflicted gun shot fired shortly before his federal civil rights trial was to begin, he played a central role in the wrongful conviction of Lamonte McIntyre, 'Miracle of Innocence' (the organization he co-founded) reports in a news update...National Registry of Exonerations:.."Prosecutor Morehead elicited false testimony from Ruby Mitchell, who initially told police that she could only tell the gunman was brown-skinned and wore his hair in French braids. She told police that she thought the gunman might be a man named Lamonte who had French braids and had dated her neice. (sic). Three hours later—after she was intimidated and sexually propositioned by the lead detective, Roger Golubski—Mitchell identified McIntyre in a photographic lineup. To convince the jury that Mitchell's identification was reliable, Morehead, through her questioning, elicited false testimony from Mitchell that she just picked the person she saw and that she no longer believed the gunman was the Lamonte who had dated her niece. • Evidence showed that before he retired, Golubski was well known in the department for his vast array of informants, many of them prostitutes with whom he had sex."



PUBLISHER'S NOTE: "Miracle of Innocence' released this remarkably restrained 'News Update'  published on December 3, 2024, following announcement  of  infamous former Kansas City Detective Roger   Golubski's death, apparently at his own hand, shortly before his federal; civil rights trial was to begin..  As Executive Director Mark Zimmerman noted: "Miracle of Innocence co-founder, Lamonte McIntyre is a notable case where Golubski's  misconduct was central."  See for yourself, from the National Registry of Exonerations entry by Maurice Possley,  link below: 

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PASSAGE OF THE DAY:   (National  Registry): "McIntyre’s release was the product of more than two decades of re-investigation, first initiated by Centurion Ministries, a non-profit organization in New Jersey that investigates wrongful convictions. Centurion brought in attorney Cheryl Pilate, who teamed with Mark Bussell, a retired police detective, and later with the Midwest Innocence Project. Over the years they uncovered substantial additional evidence that undermined the state’s case against McIntyre."

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PASSAGE TWO OF THE DAY:  *National Registry): "In October 2018, McIntyre filed a federal civil rights lawsuit against Golubski and eight other police officers seeking compensation for his wrongful conviction. The lawsuit was settled for $12.5 million on June 30, 2022.

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NATIONAL REGISTRY OF EXONERATIONS ENTRY:  Lamonte McIntyre.

GIST: "At about 2 p.m. on April 15, 1994, a man carrying a shotgun ran down a hill toward the 3000 block of Hutchings Street in Kansas City, Kansas. He walked to the passenger side of a parked Cadillac and blasted out the window in an explosion of glass. The gunman ejected the shell and fired again—and again and again—four shots in all.

There were two men in the front seat. Twenty-one-year-old Doniel Quinn died instantly and 34-year-old Donald Ewing died shortly thereafter at a hospital.

Less than 24 hours later, police said they had solved the crime with the arrest of 17-year-old Lamonte McIntyre based on identifications by two eyewitnesses.

McIntyre went to trial on September 26, 1994 in Wyandotte County District Court. He was charged as an adult with two counts of first-degree murder.

Ejected shotgun shells had been recovered, but none was examined for fingerprints. No physical evidence linked McIntyre to the crime. Although McIntyre was arrested within hours of the shooting, police never sought to examine his clothing, despite witness statements that the gunman was standing right next to the car when the shots were fired and likely would have been hit by exploding glass and possibly blood.

Neighborhood residents Niko Quinn, who was Doniel Quinn’s cousin, and Ruby Mitchell testified that they recognized the gunman as McIntyre.

McIntyre’s family members testified that he was with them at the time of the shooting.

There was no evidence about why the killings occurred or that McIntyre had any connection to the victims. Nevertheless, prosecutor Terra Morehead told the jury that McIntyre had a “vendetta” against them.

After a three-day trial, the jury convicted McIntyre of both counts of first-degree murder. He was sentenced to two consecutive terms of life in prison

Less than a year later, the case began to unravel. Stacy Quinn, Niko Quinn’s sister, had been across the street from the shooting. She came forward to say she saw the gunman and he was not McIntyre. She said police never questioned her at the time.

In addition, Niko Quinn recanted her identification of McIntyre, saying she told prosecutor Morehead twice before the trial that McIntyre was not the gunman. According to Quinn, Morehead told her that unless she testified and identified McIntyre, she would be arrested and the state would take away her children. Morehead never disclosed to McIntyre’s defense attorneys Niko Quinn’s statements.

Niko Quinn and Stacy Quinn signed sworn affidavits saying that McIntyre was too tall, his face was too long, and his ears stuck out too much to have been the person they saw.

But following an evidentiary hearing in 1996, Judge J. Dexter Burdette declined to grant McIntyre a new trial. After hearing Stacy Quinn testify, Burdette dismissed her testimony as unreliable because she was a drug user and had failed to come forward earlier. Burdette reviewed Niko Quinn’s affidavit and declared that her recantation had “no credibility whatsoever.”

More than 20 years later, on October 13, 2017, in the midst of another evidentiary hearing and in the face of a cascade of evidence of police and prosecutorial misconduct, Wyandotte County District Attorney Mark Dupree abruptly rose and announced that the prosecution agreed that McIntyre’s conviction should be vacated.

Dupree then dismissed the charges and McIntyre was freed after more than 23 years in prison. His first words upon release as he walked into the embrace of his mother, Rosie McIntyre, were, “It’s nice outside.”

McIntyre’s release was the product of more than two decades of re-investigation, first initiated by Centurion Ministries, a non-profit organization in New Jersey that investigates wrongful convictions. Centurion brought in attorney Cheryl Pilate, who teamed with Mark Bussell, a retired police detective, and later with the Midwest Innocence Project. Over the years they uncovered substantial additional evidence that undermined the state’s case against McIntyre.

• Prosecutor Morehead not only failed to disclose to the defense that Niko Quinn insisted prior to trial that McIntyre was innocent, but also that Niko Quinn’s mother, Josephine Quinn, came to court and said McIntyre was not the gunman. Morehead said nothing to the defense and sent Josephine Quinn away.

• Prosecutor Morehead elicited false testimony from Ruby Mitchell, who initially told police that she could only tell the gunman was brown-skinned and wore his hair in French braids. She told police that she thought the gunman might be a man named Lamonte who had French braids and had dated her neice. Three hours later—after she was intimidated and sexually propositioned by the lead detective, Roger Golubski—Mitchell identified McIntyre in a photographic lineup. To convince the jury that Mitchell's identification was reliable, Morehead, through her questioning, elicited false testimony from Mitchell that she just picked the person she saw and that she no longer believed the gunman was the Lamonte who had dated her niece.

• Evidence showed that before he retired, Golubski was well known in the department for his vast array of informants, many of them prostitutes with whom he had sex.

• Physical evidence showed that Mitchell would not have been able to see the gunman’s face—as she testified at the trial—from the spot where she said she was standing when the murders occurred.

• Stacy Quinn had a sexual relationship with Golubski for several years and was in regular contact with him. However, Golubski never documented her account of the shooting.

• Several witnesses said the murders were committed by a man known as “Monster,” who worked as an enforcer for drug kingpin Aaron Robinson. At the time of the murders, Doniel Quinn was working for Robinson and may have incurred Robinson’s wrath by stealing some of his drugs. Robinson later died, and the man known as “Monster,” Neil Edgar, Jr., was imprisoned for a later murder.

• Before the murders, some of Robinson’s dealers had beaten Doniel Quinn for stealing drugs. The autopsy of Doniel Quinn showed recent blunt force trauma to the back of his head.

• Prosecutor Morehead and Judge Burdette had a romantic relationship in 1990 and 1991—as recently as three years before McIntyre’s trial—but failed to disclose it to the defense.

In June 2016, Pilate moved to vacate McIntyre’s conviction. In a filing of more than 100 pages, she detailed how the evidence against McIntyre had been disproven or recanted. The motion, which was supported by more than 40 sworn affidavits from a vast array of witnesses, claimed that the police and prosecution “consistently subverted and concealed the truth—manufacturing evidence and presenting testimony they knew to be false.”

An evidentiary hearing on the petition was convened in Wyandotte County District Court on October 12, 2017. Among the first witnesses were relatives of the victims who testified that they had long believed that McIntyre was not the killer.

The following day, as Pilate was preparing to call Judge Burdette to testify about his romantic relationship with prosecutor Morehead, the court recessed for lunch.

District Attorney Dupree, who had been in the hearing for a short time the day before, came to court after the recess and asked Senior District Judge Edward Bouker to vacate McIntyre’s conviction. Bouker granted the motion and Dupree dismissed the charges.

Dupree said he was not admitting that Burdette, Morehead, or Golubski had committed any misconduct, but that he was acting to correct a “manifest injustice.”

In December 2017, McIntyre was granted a full scholarship to attend the Penny Valley campus of Metropolitan Community College in Kansas City, Missouri. In March 2019, McIntyre filed for state compensation and was awarded $1.55 million in February 2020.

In October 2018, McIntyre filed a federal civil rights lawsuit against Golubski and eight other police officers seeking compensation for his wrongful conviction. The lawsuit was settled for $12.5 million on June 30, 2022.

In September 2022, a federal grand jury indicted Golubski on charges that he kidnapped and raped two women while in the late 1990s and early 2000s.

In 2024, Morehead, who had moved to the U.S. Attorney's Office in Kansas before retiring in 2023, agreed to surrender her law license, the first step toward disbarment. The move followed a federal investigation into her trial practices by the Office of Professional Standards of the U.S. Department of Justice."

See the National Registry of Exonerations entry, by Maurice Possley, last updated one September 16, 2022,  listing tributing factors as 'Mistaken Witness ID', 'Perjury or False Accusation',   and 'Official Misconduct.'

The entire entry can be read at: 



PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————-
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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Tuesday, December 3, 2024

Robert Roberson: Texas: Curious Development: The Dallas Morning News reports that Deborah Oakes Evans - the judge overseeing his "shaken baby' case - is stepping aside, leaving lots of speculation - but no explanation as to why she voluntarily decided to recuse herself from the proceeding, The Dallas Morning News (Reporter Zachary Washington) reports…"While the specific reason is unknown, Evans’ recusal from Roberson’s case comes after attorneys questioned her impartiality because of her friendships with jurists connected to the case and rulings in another “shaken baby syndrome” case."


PASSAGE OF THE DAY: "Evans’ involvement in Roberson’s case began in 2016 when she presided over a post-conviction proceeding that was initiated that year, court documents show. She later retired from the bench in 2022 but was assigned to Roberson’s case this year after her retirement. Evans presided over the post-conviction junk science hearings after the first execution was stayed but ultimately rejected the arguments from Roberson’s lawyers. After weighing the testimony, the judge ruled against Roberson in February 2022, stating his attorneys failed to show shaken baby syndrome was “discredited and no longer an accepted medical diagnosis.” ”While the Applicant has shown that there is new scientific evidence not available at the time of his trial,” the judge wrote, “he has failed to show by a preponderance of evidence that had this new evidence been presented at trial, he would not have been convicted.”


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QUOTE OF THE DAY: "Gretchen Sween, an attorney for Roberson and who had previously asked Evans to step aside, told The Dallas Morning News on Sunday that she was surprised to learn of the judge’s decision. “I do not know what prompted Judge Evans to voluntarily recuse herself at this time when no matter is currently pending,” said Sween, adding that she had not yet been officially served with the legal filing by the judge. “But I hope District Attorney Allyson Mitchell will now avoid rushing to obtain a new execution date and will instead agree to meet with Mr. Roberson’s legal team to discuss the overwhelming evidence that no crime occurred and that Mr. Roberson is thus innocent.”

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STORY: "State judge overseeing Robert Roberson ‘shaken baby’ case steps aside," by Reporter Zachary Washington, published by The Dallas Morning News, on June 1, 2024.


GIST: "Deborah Oakes Evans, the retired state district judge who issued the execution warrant for Robert Roberson III earlier this year, has apparently voluntarily decided to recuse herself from the legal proceeding.

According to the court filing, Evans signed the order of recusal on Nov. 25. It was not immediately clear why she opted to step aside from the case, which has garnered national and international headlines.

Roberson, 58, was convicted of capital murder in 2003 for reportedly shaking his 2-year-old daughter, Nikki, to death.

Advocates, his lawyers and a bipartisan group of lawmakers say he is innocent and the science behind “shaken baby syndrome” is flawed.

Roberson was scheduled to die by lethal injection in Huntsville in October but was saved after the Texas Supreme Court directed state officials to allow the death row inmate to comply with a subpoena issued by a House committee for his testimony. Roberson has maintained his innocence for more than two decades.

Evans’ involvement in Roberson’s case began in 2016 when she presided over a post-conviction proceeding that was initiated that year, court documents show. She later retired from the bench in 2022 but was assigned to Roberson’s case this year after her retirement.

Evans presided over the post-conviction junk science hearings after the first execution was stayed but ultimately rejected the arguments from Roberson’s lawyers.

After weighing the testimony, the judge ruled against Roberson in February 2022, stating his attorneys failed to show shaken baby syndrome was “discredited and no longer an accepted medical diagnosis.”

”While the Applicant has shown that there is new scientific evidence not available at the time of his trial,” the judge wrote, “he has failed to show by a preponderance of evidence that had this new evidence been presented at trial, he would not have been convicted.”

While the specific reason is unknown, Evans’ recusal from Roberson’s case comes after attorneys questioned her impartiality because of her friendships with jurists connected to the case and rulings in another “shaken baby syndrome” case.


Gretchen Sween, an attorney for Roberson and who had previously asked Evans to step aside, told The Dallas Morning News on Sunday that she was surprised to learn of the judge’s decision.

“I do not know what prompted Judge Evans to voluntarily recuse herself at this time when no matter is currently pending,” said Sween, adding that she had not yet been officially served with the legal filing by the judge. “But I hope District Attorney Allyson Mitchell will now avoid rushing to obtain a new execution date and will instead agree to meet with Mr. Roberson’s legal team to discuss the overwhelming evidence that no crime occurred and that Mr. Roberson is thus innocent.”

The judge and Mitchell were not immediately available for comment Sunday evening.

Evans has asked the judge overseeing the 10th administrative region to appoint a new judge in the case but it was not immediately clear when that request will be considered.

It was not clear how the judge’s decision will affect the case timeline going forward. No new execution date for Roberson has been set as of Sunday."

The entire story can be read at:

https://www.gazettextra.com/news/nation_world/state-judge-overseeing-robert-roberson-shaken-baby-case-steps-aside/article_5d647ac1-48c2-55c7-b875-ad605197f63b.html


PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————-
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
-----------------------------------------------------------------


Monday, December 2, 2024

PUBLISHER'S NOTE: Mayo Clinic; Cleveland Clinic: John's Hopkins Hospital: Shaken Baby Syndrome: My views on their respective failures to alert the public as to the controversy surrounding the discredited 'syndrome, and to related developments in science, medicine and the law..."I am not suggesting that any of the three institutions have been motivated by malice in providing such limited information to the public. To the contrary, it must be extremely difficult to keep the public up to date with the vast world of medical knowledge. By and large they do a fantastic job. I, and members of my family, visit their sites regularly when I need medical information, (sometimes at 3.00 AM!). But when it comes to shaken baby syndrome - the public has to be fully informed, as to do otherwise can lead to innocent parents and caregivers being convicted and punished for crimes that ever occurred - and awful consequences such as having other children seized by by child protection authorities and put up for adoption, and being branded as pariah's in their communities - their lives destroyed." HL;


PUBLISHER'S NOTE: It is important that the people should be able to obtain  reliable information about medical matters over the Internet.

This is particularly true when it comes to information about shaken baby syndrome (SBS) - a controversial debunked  'hypothesis' - referred to in some courts as'junk science'  which has led to the wrongful conviction of many innocent parents and caregivers in the U.S, and elsewhere, and currently has put  Robert Roberson on death row in Texas.

So I decided to conduct an experiment aimed at discovering what people learn when they turn to three influential Internet sites for information about SBS: The Mayo Clinic, The Cleveland Clinic, and  Johns Hopkins Children's hospital. (I have included the SBS sections from their respective public information sites - with links so you can see  them with your own eyes, following my conclusions below. HL)

THE EXPERIMENT: Like anyone else seeking information  I  said the magic words 'Hey Siri' - and asked for information relating to each of the three institutions and "shaken baby syndrome." 

THE RESULT: I was not surprised to discover that all three sites discussed the discredited syndrome in medical terms - namely that a 'triad'  of  unexplained bleeding one the brain, bleeding behind the retinas and brain swelling -  indicates abuse.  

However, I was very surprised to discover that not one of these influential sites went on to explain to the public that, as the Innocence Project has pointed out,  developments in science and medicine require doctors  to  take  a holistic look  at a child's medical history "to rule out all of the many possible  causes"  for his or  her   medical condition  and not rely only  on "SBS.' 

If, for example, Roberson's doctors would have conducted a 'holistic' approach, they would have discovered, as a court filing by his lawyers indicates,  that Nikki died of of severe viral and bacterial pneumonia that progressed to sepsis and then sepsis shock and that, "There was no homicide."

Nor did the three institutions tell the public that, as the Innocence Project has pointed out,  shaken Baby Syndrome is a a condition that was never scientifically validated,  and  that its premises have been discredited by actual science.

CONCLUSION: I am not  suggesting any of the three  institutions have been motivated by malice in providing such limited  information to the public. To the contrary, it must be extremely difficult to keep the public  up to date with the vast world of medical knowledge. By and large they do a fantastic job.  I, and members of my family, visit their sites regularly when I need medical information, (sometimes at 3.00 AM!).

But when it comes to shaken baby syndrome - the public has to be fully informed, as to do otherwise can lead to innocent parents and caregivers being convicted  and punished for crimes that ever occurred -  and can lead to  awful consequences such as  having other children seized by by child protection authorities and put up for adoption, and being branded as pariah's in their communities - their lives destroyed.  

This is not hypothetical, dear reader. 

The National Registry of Exonerations reports that to date, at  least 34 people convicted based on  shaken baby syndrome diagnosis have been exonerated. (The Registry defines a exoneree as having been convicted of injuring or killing an infant by violent shaking based on a medical diagnosis that is now highly controversial.)

My recommendations are simple:

The Mayo Clinic, Cleveland Clinic and John Hopkins Hospital should revamp their shaken baby syndrome sites with up-to-date information on developments in science and the law, as suggested  along the lines of this post.

Moreover,  if not the case, the three institutions should make it clear by written policy that their physicians and staff  are expected  to conduct full, open-minded investigations when confronted with situations  involving death of children who have been under the care of children and caregivers - and must consider all factors that might be relevant, not just SBS, 

That can't happen soon enough.

Harold Levy: Publisher: The Charles Smith Blog.

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THE MAYO CLINIC; By Mayo Clinic Staff: March 18, 2023; 

Overview

Shaken baby syndrome is a serious brain injury resulting from forcefully shaking an infant or toddler. It's also known as abusive head trauma, shaken impact syndrome, inflicted head injury or whiplash shaken infant syndrome.

Shaken baby syndrome destroys a child's brain cells and prevents his or her brain from getting enough oxygen. This form of child abuse can cause permanent brain damage or death.


Shaken baby syndrome is preventable. Help is available for parents who are at risk of harming a child. Parents also can educate other caregivers about the dangers of shaken baby syndrome.

Symptoms

Shaken baby syndrome symptoms and signs include:

  • Extreme fussiness or irritability
  • Difficulty staying awake
  • Breathing problems
  • Poor eating
  • Vomiting
  • Pale or bluish skin
  • Seizures
  • Paralysis
  • Coma

While sometimes there's bruising on the face, you may not see signs of physical injury to the child's outer body. Injuries that might not be immediately seen include bleeding in the brain and eyes, spinal cord damage, and fractures of the ribs, skull, legs and other bones. Many children with shaken baby syndrome show signs and symptoms of prior child abuse.

In mild cases of shaken baby syndrome, a child may appear normal after being shaken, but over time they may develop health or behavioral problems.

When to see a doctor

Seek immediate help if you suspect your child has been injured by violent shaking. Call 911 or emergency medical help, or take your child to the nearest emergency room. Getting medical care right away may save your child's life or prevent serious health problems.

Health care professionals are legally required to report all suspected cases of child abuse to state authorities.

Babies have weak neck muscles and can't support the weight of their heads. If a baby is forcefully shaken, their fragile brain moves back and forth inside the skull. This causes bruising, swelling and bleeding.

Shaken baby syndrome usually occurs when a parent or caregiver severely shakes a baby or toddler due to frustration or anger — often because the child won't stop crying.

Shaken baby syndrome isn't usually caused by bouncing a child on your knee or minor falls.

CAUSES

Babies have weak neck muscles and can't support the weight of their heads. If a baby is forcefully shaken, their fragile brain moves back and forth inside the skull. This causes bruising, swelling and bleeding.

Shaken baby syndrome usually occurs when a parent or caregiver severely shakes a baby or toddler due to frustration or anger — often because the child won't stop crying.

Shaken baby syndrome isn't usually caused by bouncing a child on your knee or minor falls.


Risk factors

The following things may increase the risk that parents or caregivers are more likely to forcefully shake a baby and cause shaken baby syndrome:

  • Unrealistic expectations of babies
  • Young or single parenthood
  • Stress
  • Domestic violence
  • Alcohol or substance abuse
  • Unstable family situations
  • Depression
  • A history of mistreatment as a child

Also, men are more likely to cause shaken baby syndrome than are women.

Complications

Even brief shaking of an infant can cause irreversible brain damage. Many children affected by shaken baby syndrome die.

Survivors of shaken baby syndrome may require lifelong medical care for conditions such as:

  • Partial or total blindness
  • Developmental delays, learning problems or behavior issues
  • Intellectual disability
  • Seizure disorders
  • Cerebral palsy, a disorder that affects movement and muscle coordination

Prevention

New parent education classes can help parents better understand the dangers of violent shaking and may provide tips to soothe a crying baby and manage stress.

When your crying baby can't be calmed, you may be tempted to try anything to get the tears to stop — but it's important to always treat your child gently. Nothing justifies shaking a child.

If you're having trouble managing your emotions or the stress of parenthood, seek help. Your child's doctor may offer a referral to a counselor or other mental health provider.

If other people help take care of your child — whether a hired caregiver, sibling or grandparent — make sure they know the dangers of shaken baby syndrome.

Diagnosis

A child who's been forcefully shaken will need to be examined by many different medical specialists, as well as an expert in child abuse.

The doctor will examine the child and ask questions about the child's medical history. Various tests may be needed to detect injuries, including:

  • Skeletal survey. Several X-rays of the bones — possibly including the arms, hands, legs, feet, spine, ribs and skull — may be used to determine whether fractures are accidental or purposeful. Such testing can also help find previous fractures.
  • Eye exam. An eye exam can reveal bleeding in the eye and other eye injuries.
  • Blood tests. Some metabolic and genetic disorders, as well as bleeding and clotting disorders, can cause symptoms similar to shaken baby syndrome. Blood tests can help rule out some of these conditions.
  • Magnetic resonance imaging (MRI). MRI uses a powerful magnetic field and radio waves to create detailed images of a child's brain and spine. It can show brain bruising, bleeding and signs of decreased oxygen. Because an MRI is difficult to perform on a child who's unstable, it's usually done two to three days after the injury.
  • Computerized tomography (CT) scan. A CT scan uses X-ray images to provide cross-sectional images of the body. A CT scan of the brain can help detect injuries that need urgent treatment. A CT scan of the abdomen may also be done to determine if there are additional injuries.

Depending on the extent of the injuries, the baby may need to be monitored in a pediatric intensive care unit.


Treatment

Emergency treatment for a child who has been shaken may include breathing support and surgery to stop bleeding in the brain. Some children may require medications to reduce brain swelling and prevent seizures.


https://www.mayoclinic.org/diseases-conditions/shaken-baby-syndrome/symptoms-causes/syc-20366619#:~:text=Even%20brief%20shaking%20of%20an,Partial%20or%20total%20blindness


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THE CLEVELAND CLINIC: Shaken Baby Syndrome: Medically reviewed:  (Last reviewed on 08/11/ 2022;

 "Shaken baby syndrome is a type of severe child abuse that occurs when a caregiver violently shakes a child. The condition can cause swelling, bruising and bleeding in a baby’s brain, and it can lead to brain damage, lifelong disabilities and even death. It most often occurs when a caregiver becomes frustrated. Overview

Overview: What is shaken baby syndrome?

Shaken baby syndrome is a type of brain injury that occurs when a baby or toddler is shaken violently. This can cause swelling, bruising and bleeding in and around their brain. Shaken baby syndrome may damage a child’s eyes, neck and spine as well. Another name for the condition is abusive head trauma.

Infants’ heads are very large and heavy in proportion to the rest of their bodies. When a child is shaken, their brain bounces back and forth against the sides of their skull. Shaking can cause bleeding in their brain or behind their eyes.

Shaken baby syndrome most often happens when a parent or other caregiver becomes frustrated or angry because of a baby’s crying. It can occur from as little as 5 seconds of shaking. The resulting injuries can lead to brain damage, permanent disabilities and death.

Why does shaken baby syndrome happen?

Parents or caregivers may shake a baby because it’s been crying for a long time. They may think that shaking the baby will make them stop crying. Some parents or caregivers may be under stress for various reasons. They may become frustrated and unable to cope with the responsibilities of caring for a child. Other caregivers may simply not know that shaking a baby can be so dangerous.

Crying is a normal behavior in babies. Your infant may cry inconsolably at times. Shaking, hitting or throwing a baby is never OK.

Who does shaken baby syndrome affect?

Shaken baby syndrome can affect anyone. People who are most likely to shake a baby have a direct connection to the baby (a parent) or an indirect connection (babysitter, secondary family members). Shaken baby syndrome can happen among families of any ethnicity, any income range and with any type of family composition.

Shaken baby syndrome most often affects babies younger than 1 year old. Infants between the ages of 2 and 8 months are most at risk. The condition doesn’t typically occur in children over the age of 2, but children as old as 6 have been victims of this kind of abuse.

How common is shaken baby syndrome?

According to the National Center on Shaken Baby Syndrome, they are between 600 and 1,400 cases of shaken baby syndrome in the U.S. each year. This condition is the most common cause of child abuse death in children younger than 5 years old in the U.S. Shaking a baby can cause severe bleeding in their brain.

How does shaken baby syndrome affect my baby?

Shaken baby syndrome can cause severe medical issues, including:

  • Subdural hematoma: A collection of blood between the surface of your child’s brain and their dura (the tough outer membrane surrounding their brain). This can happen when the veins that bridge your child’s brain to their dura are stretched too far, causing tears and bleeding.
  • Subarachnoid hemorrhage: Bleeding between your child’s brain and arachnoid (the web-like membrane surrounding your child’s brain).
  • Direct brain trauma: This can occur when your child’s brain strikes the inner surfaces of their skull.
  • Brain damage: Brain damage can result from a lack of oxygen if your child stops breathing during shaking.
  • Brain cell damage: This can occur when injured nerve cells release chemicals that add to the oxygen deprivation to your child’s brain.
  • Retinal hemorrhages: Bleeding in the back of your child’s retinas.
  • Neck and spinal cord damage: Injuries to your child’s cervical spinal nerves.
  • Fractures: This may include skull fractures as well as fractures to your baby’s ribs, collarbone, arms and legs.

Symptoms and Causes

How soon do symptoms of shaken baby syndrome appear?

Signs of shaken baby syndrome may appear immediately after the child has been shaken. The signs typically reach their peak within four to six hours. Some symptoms show up right away, but shaken baby syndrome symptoms may not appear until later in life. Some children may have attention and behavior problems later in life from being shaken when they were infants.

What are the symptoms of shaken baby syndrome?

What are the symptoms  of shaken baby syndrome?

A child or baby who’s been shaken may have an injury to their brain. Severe immediate signs of shaken baby syndrome may include unconsciousness, seizures and shock. Other shaken baby syndrome symptoms may include:

  • Not smiling, babbling or talking.
  • Extreme irritability.
  • Vomiting.
  • Poor appetite or feeding problems.
  • Breathing difficulties.
  • Lethargy (extreme tiredness, lack of movement and/or an inability to stay awake).
  • Pale- or blue-colored skin.
  • Bruises on their arms or chest.
  • A large head or forehead.
  • A bulging soft spot on the top of their head.
  • Inability to lift their head.
  • Widened (dilated) pupils.
  • Inability to focus or follow movement with their eyes.
  • Tremors.
  • Coma.

Can shaken baby syndrome go unnoticed?

Sometimes there are no obvious external signs of physical violence or injury. Caregivers and healthcare providers who aren’t aware a baby’s been shaken may not immediately find internal injuries. They may attribute a baby’s symptoms to another cause, such as a virus.

What causes shaken baby syndrome?

When someone shakes a baby or young child violently, shaken baby syndrome can occur. Hitting the child on the head, throwing them and dropping them on purpose can also cause the condition. Shaking or hitting a child can cause their brain to shake back and forth inside their skull.

Children's brains are softer and their ligaments are weaker. Their neck muscles aren’t fully developed yet. In addition, their heads are large and heavy in proportion to the rest of their bodies. The violent shaking tears the child’s blood vessels, nerves and tissues, causing their brain to swell, bruise and bleed.

Shaken baby syndrome most often happens at the hands of an overwhelmed and frustrated caregiver who can’t cope with a baby’s inconsolable crying. The caregiver gets angry or stressed and loses control. Most times, the caregiver didn’t mean to harm the baby, but it’s still a form of child abuse.

Can bouncing a baby cause shaken baby syndrome?

Shaken baby syndrome is a type of child abuse. It happens when someone violently shakes a baby or small child. It’s not caused by:

  • Bouncing your baby on your knee.
  • Tossing your baby in the air.
  • Bicycling with your baby.
  • Accidental falls off furniture.
  • Sudden stops or going over bumps while driving.

These activities can be dangerous and therefore aren’t recommended, but they won’t cause the kinds of injuries seen in shaken baby syndrome.

Diagnosis and Tests

How is shaken baby syndrome diagnosed?

Diagnosing shaken baby syndrome may be difficult for several reasons:

  • Healthcare providers don’t always get the truth about whether or not shaking was involved in an infant’s injury.
  • Babies and very small children can’t tell healthcare providers what happened or what hurts.
  • Many symptoms of shaken baby syndrome (such as irritability, vomiting or lethargy) are also common in other conditions, such as viral infections.

Therefore, a healthcare provider will use visual clues and tests to diagnose the condition and determine how severe it is. They’ll check your baby’s eyes for bleeding, look for marks on their skull, arms or legs, and check for bruises around their neck and chest.

What tests will be done to diagnose shaken baby syndrome?

Healthcare providers may use certain imaging tests to diagnose shaken baby syndrome. These tests can show signs of swelling or bleeding in your baby’s brain and also show skull or rib fractures. These tests may include:

Your baby’s provider may also perform an eye examination to look for evidence of retinal bleeding (bleeding at the back of their eyes). The bleeding may be above, within or below their retinas. The layers of your baby’s retinas may also be split apart as a result of injury (retinoschisis). The jelly-like filling inside their eyes (vitreous) may also fill with blood.

Management and Treatment

How is shaken baby syndrome treated?

If your baby has any signs of shaken baby syndrome, they need immediate medical treatment. For milder cases, your baby may need medicine and observation at the hospital.

In more severe cases, treatment may include life-saving measures. A healthcare provider may insert a breathing tube down your child’s throat to provide respiratory support. A surgeon may have to perform surgery to stop bleeding or reduce swelling in your baby’s brain.

PREVENTION 

How can shaken baby syndrome be prevented?

Parents or caregivers who shake babies usually say that the shaking occurred when their baby was crying inconsolably. It’s normal for babies to cry, and it can get stressful. Understanding the dangers of shaking your baby and finding support can help prevent shaken baby syndrome. Some things you can do to avoid shaken baby syndrome include:

  • First, make sure that nothing obvious is wrong with your baby. You should check to see that their diaper is clean and ensure your baby isn’t hungry or cold. Make sure there’s no sign of illness, such as fever or swelling, and that nothing is causing pain.
  • If your baby's needs are met, try using noise. You can put on a radio, or sing and talk to your baby. Sometimes, babies like noises like vacuum cleaners, clothes dryers, hair dryers or fans.
  • Offer your baby a toy or pacifier.
  • Try breastfeeding, or offer a bottle to your baby.
  • Swaddle your baby, or try rocking them.
  • Take your baby for a ride in the car (appropriately secured in their car seat).
  • Place your baby in a stroller, and go for a walk.
  • Take your baby for a ride on an outdoor swing.
  • Ask someone else (a friend, a co-worker, a neighbor or a family member) to take over for you for a period of time so you can have a break. It’s very reasonable to ask for help.
  • If no one else is available to take over for you, put your baby safely in their crib and leave the room for a few minutes while you calm down. Remember, crying won’t hurt babies, but shaking will.

Make sure all of your babysitters, nannies and other caregivers know about the dangers of shaking a baby. Ensure they know what to do — and what not to do — if they feel stressed while caring for your child. Always check references and choose your caregivers carefully. Never leave your baby with a caregiver whom you don’t trust completely.

Outlook / Prognosis

What is the outlook (prognosis) for shaken baby syndrome?

Shaken baby syndrome is a very serious condition. The prognosis varies by the severity of your baby’s injuries but is generally poor. About 25% of babies will die due to their injuries. Death is typically caused by:

  • Swelling and pressure within your baby’s skull and brain.
  • Bleeding within your baby’s brain.
  • Tears in your baby’s brain tissue.

Up to 80% of those that survive will experience serious medical problems, severe neurological deficits and lifelong disabilities. Even babies that appear to have only mild shaken baby syndrome injuries may show signs of developmental difficulties. Shaken baby syndrome may cause disabilities including:

A note from Cleveland Clinic

Shaken baby syndrome is a form of severe physical child abuse that occurs when a parent or caregiver violently shakes a baby or child. The condition most often occurs when a caregiver becomes angry or frustrated when a baby won’t stop crying. Shaken baby syndrome is completely preventable. If your baby won’t stop crying, try some of the tips in the Prevention section above, or ask a trusted caregiver for help."

https://my.clevelandclinic.org/health/diseases/13779-shaken-baby-syndrome

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JOHN'S HOPKINS  AND SHAKEN BABY SYNDROME: 

What is shaken baby syndrome?

Shaken baby syndrome is a type of inflicted traumatic brain injury that happens when a baby is violently shaken. A baby has weak neck muscles and a large, heavy head. Shaking makes the fragile brain bounce back and forth inside the skull and causes bruising, swelling and bleeding, which can lead to permanent, severe brain damage or death. Shaken baby injuries usually occur in children younger than two years old but may be seen in children up to the age of five.

Symptoms

The characteristic injuries of shaken baby syndrome are subdural hemorrhages (bleeding in the brain), retinal hemorrhages (bleeding inside the eye), damage to the spinal cord and neck and fractures of the ribs and bones. These injuries may not be immediately noticeable. Symptoms of shaken baby syndrome include:

  • Breathing problems
  • Convulsions
  • Extreme irritability
  • Lethargy
  • Poor feeding
  • Vomiting and pale or bluish skin

Treatment

Emergency treatment for a baby who has been shaken usually includes life-sustaining measures, such as respiratory support and surgery, to stop internal bleeding and bleeding in the brain. Doctors may use brain scans, including MRI and CT scans, to make a more definite diagnosis.

Prognosis

In comparison with accidental traumatic brain injury in infants, shaken baby injuries have a much worse prognosis. Damage to the retina of the eye can cause blindness. The majority of infants who survive severe shaking will have some form of neurological or mental disability, such as cerebral palsy or mental retardation, which may not be fully apparent before six years of age. Children with shaken baby syndrome may require lifelong medical care.

https://www.hopkinsmedicine.org/health/conditions-and-diseases/shaken-baby-syndrome#:~:text=Shaking%20makes%20the%20fragile%20brain,to%20the%20age%20of%20five.



PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

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    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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