Category Archives: AHT

Ernie Lopez Case Keeps Issues in the News

NPR, FrontLine, and ProPublica are staying with the story of Ernie Lopez, keeping one tale of an outrageous conviction in the news.

In January, a Texas Court of Appeals vacated Lopez’s conviction for the presumed assault on a 6-month-old girl. Last week he was released from prison, to an exuberant welcome by family and friends, who promptly held a concert to raise money for his upcoming legal fees.

Amarillo County District Attorney Randall Simms has said he plans to retry the case, possibly as early as this fall.

The NPR segment about Lopez’s release is posted on line, with a succinct text summary of the medical issues, and links to previous NPR coverage of the case.

The ProPublica text story, which also addresses the medical issues, has embedded links to segments of the FrontLine video treatment, for a satisfying multi-media experience.

The audio and video treatments present more of the human side to the story, which is incredible in itself: Ernie Lopez seems to be a man of tremendous resilience, faith, and grace, treasured by his family and community.

2013 update: Ernie Lopez accepted a plea bargain, admitting to a felony but facing no more prison time.

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New Research Questions Classic Model of Shaken Baby Syndrome

Kieran wired up and ready to jump

When Kieran Lloyd was seven months old, his favorite way to pass the time, right after eating and sleeping, was bouncing in his Fisher-Price Jumparoo.

He would bounce eagerly, smiling and laughing, several times a day if he was given the chance, apparently delighted with the upright posture and the kinetic results of his own kicks.

Then his father, head-injury researcher John Lloyd, PhD, realized that before him danced a chance to measure and record an important new data point in the accumulated knowledge about infant head-injury: A magnitude of repetitive angular acceleration that’s known to be safe.

He fitted his son with an accelerometer, like those used on crash-test dummies in the lab, and collected data while the boy played. By the time Lloyd was done, he had not only replicated the original 1987 research that first cast scientific doubt on infant shaking as a source of subdural hematoma but also refuted the hypothesis that repetition can make a benign acceleration injurious.

Kieran with the CRABI-12 biofidelic mannequin

In a paper published this winter in the Journal of Forensic Biomechanics, Lloyd and his colleagues reported that “angular acceleration of the head during aggressive shaking of the CRABI biofidelic mannequin is statistically indistinguishable from angular head kinematics experienced by a 7-month-old fervently playing in his Jumparoo.”

Lloyd’s paper joins a series of biomechanical studies that have all reached the same conclusion:  Shaking is unlikely to be the source of subdural hematoma in children with no signs of impact or neck injury, despite decades of courtroom testimony to the contrary.

Although the theory of shaken baby syndrome has enjoyed thirty years of general acceptance within the community of child-abuse experts, the diagnosis has been controversial from the beginning. Testing it of course was impossible.

In the mid-1980s, Dr. Ann-Christine Duhaime and her colleagues set out to investigate whether shaking without impact could cause the intracranial bleeding and swelling that defines the syndrome. They examined medical records and revisited autopsy slides, and they conducted laboratory experiments in which adult volunteers shook infant models wired with accelerometers.  They found that shaking without impact did not reach the presumed thresholds for the intracranial bleeding or neuronal damage that’s presumed to result from shaking.

Then the researchers asked their volunteers to throw the dummy down after shaking it, and learned that accelerations upon impact reached injury levels, as illustrated in Figure 2 from their paper (“The Shaken Baby Syndrome:  A clinical, pathological, and biomechanical study,” Journal of Neurosurgery 66:409-415, 1987). The shaking data are the cluster of points at the lower-left corner; the triangles are impact trials. DAI stands for diffuse axonal injury; SDH stands for subdural hematoma.

Duhaime and her team concluded, “Although shaking may, in fact, be part of the process, it is more likely that such infants suffer blunt impact. The most common scenario may be a child who is shaken, then thrown into or against a crib or other surface.”

Lloyd did not conduct impact trials, but his shaking data were in the same range as not only Duhaime’s data but also those of Prange et al., who replicated the original work in 2003  (“Anthromomorphic simulations of falls, shakes, and inflicted impacts in infants,” J Neurosurgery 99:143–150, 2003).

The NCSB demonstration doll and the CRABI-12 biofidelic mannequin

To help establish a base line for the forces commonly experienced by an infant, Lloyd also recorded acceleration data during what are called “activities of everyday living,” or ADLs. Adult volunteers rocked and burped the wired crash-test dummy, walked and ran on a treadmill with it, and took it for stroller rides over various surfaces.

Lloyd also had volunteers shake the demonstration doll sold by the National Center on Shaken Baby Syndrome. The doll is commonly used in trainings, and occasionally it’s allowed in court. The doll weighs only two pounds and volunteers were able to shake it longer and harder than the CRABI-12, producing higher angular accelerations—but still not high enough to reach projected injury thresholds.

Figure 7, below, from Lloyd’s paper summarizes the accelerations recorded during various scenarios. The entire article is available on line at this address.

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What to Make of the “Baby Yoga” Phenomenon

from the Mirror web teaser

Even I am uneasy with the subject, but I don’t see how an SBS blog can ignore this week’s tabloid news reports of “baby yoga” exercises, in which infants are flipped and swung and tossed by therapists.

The most startling videos are on the Mirror News web site out of the United Kingdom, where they have posted the entire televised segment on the subject. The  Daily Mail Online text treatment offers a video near the end showing several minutes of one routine by therapist Lena Fokina.

The web site GrowingYourBaby.com has a cautionary treatment featuring video sequences of parents performing the gymnastics on their own babies at a class in Egypt. The possibility remains that these videos are doctored, but if so, there’s been a lot of editing going on.

Myself, I find these exercises terrifying:  I’m at least relieved that most of the baby-juggling seems to be done over sand. I sent the urls to a few experts, none of whom had heard of this phenomenon before.

Biomechanic John Lloyd, PhD, noted:

I see that the baby-yoga instructor, Lena Fokina, moves very carefully in tune with and in time to the baby’s motion. Her skill must take great practice and it worries me that anyone not possessiong such skill might attempt these exercises.

I have little doubt that the rotational head kinematics would be akin to those during aggressive shaking and enthusiastic playful activities, all of which, in the absence of impact, would be well below any threshold for brain injury.

My greater concern is the potential for spiral fracture of the long bones and/or adverse events such as falls.

Pediatric surgeon Anthony Shaw, MD, independently recalled an anecdote that validated Lloyd’s long-bone concerns:

Some years ago I was consulted on the case of a weeks-old infant who was discovered to have metaphyseal fractures of both ends of all his long bones. His father, a body builder, had been told that exercise was good for his baby’s bones and muscles. He made a video that he brought to court, in which he substituted a doll for the baby, to show the court what he had been doing with his infant son. It looked exactly like the maneuvers that this Lena Fokina displays on her video.

Does anyone else know anything about these “baby dynamics” techniques?

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Cases, Cases, and More Cases

More bad news than good lately from the front lines in the SBS struggle. Fathers and men watching other people’s children have been especially in the headlines this month.

In the one positive development, a Michigan jury has acquitted a man who was watching his employee’s 3-month-old son so the boy’s father could work. The prosecution had applied the theory of immediate but subtle symptoms to target the babysitter, although the serious problems emerged later, while the child was with relatives. The defendant’s damning act was apparently asking his mother-in-law to check on the baby, as he thought the child was having trouble breathing. See the coverage in the Pestosky News.

A 42-year-old  man in Oklahoma has entered an Alford plea, which is not strictly a confession of guilt but an acknowledgment that the prosecution would probably win at trial. The original charge was first-degree murder, reduced to manslaughter with the plea. According to the story in the Enid News, the defendant  called 911 when a 7-month-old boy in his care seemed to choke on a bottle and quite breathing, in September of 2009.

A terrifying case is heading toward the death penalty in Mississippi, where a man claims to have dropped his girlfriend’s daughter after giving her a bath. He was convicted of capital murder after prosecutors argued he had both battered and raped the girl.  A rape kit administered at the time showed no signs of semen, but the child’s dilated anus—a normal finding near or after death—convinced the doctors that she’d been sexually abused. You can read about this case in the Clarion Ledger coverage. In light of the prosecution of Ernie Lopez, one has to wonder if misdiagnoses of sexual abuse will now start showing up routinely in child-death cases.

In New Hampshire, meanwhile, on-line comments have been especially venomous against a young father accused of shaking his son while the child’s mother was in another room drawing a bath. I admit the young man looks like trouble in the published photographs, but the facts as reported in the Eagle Tribune coverage sound like the same old story to me.

A judge in Colorado has sentenced a father to 20 years in prison after he confessed to shaking his 2-month-old, as reported by their local channel 9 news, and a father in New Jersey has been charged in the death of his 11-week-old daughter, as reported by abc news.

A day care provider in Missouri is scheduled for trial this fall, accused of hitting and shaking a girl in her care. According to an article on Connect MidMissouri, the babysitter says she tripped over another child and dropped the baby.

And finally, an appeal in Britain has hit the usual wall, as reported in Family Law.

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Florida Care Provider Convicted

August 2012 update:

Stephanie Spurgeon has been sentenced to 15 years in prison. If there is information about an appeal, I will try to post it.

A Florida jury has convicted child-care provider Stephanie Spurgeon of manslaughter, despite testimony from neuropathologist Dr. Jan Leestma that the infant’s death could have resulted from non-violent causes. Spurgeon was facing first-degree murder charges, so the manslaughter conviction is a better outcome than she might have had.

The news report of the conviction seems to have been taken off the web.

For the news stories I noticed during the trial, you can check out

February 10 coverage

February 8 coverage

Her suporters maintain a facebook page for her at http://www.facebook.com/pages/The-Stephanie-Foundation/231645840262829

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Can We Help Win a Pardon for Shirley Ree Smith?

christmas cactus blossom

April 6 update:  Governor Jerry Brown has commuted Shirley Smith’s sentence.  Shirley thanks everyone who wrote on her behalf, and I add congratulations to that.

I was expecting to hear by now from California Governor Jerry Brown about a possible pardon for Shirley Ree Smith (case summary), but there’s been no word yet.

Over the weekend, Shirley’s daughter Tomeka Smith told me they’re hoping to hear soon, because in a few weeks her mother will be taken back into custody—-but there’s still time for individuals to contact the governor’s office encouraging the pardon, as detailed below.

The Smith case continues to pop up in the press.  On the bright side:

Distressingly, a bereaved grandmother in Fresno, California, has launched a campaign against the pardon, on the theory that Ms. Smith is guilty. You can read the press coverage here.

Meanwhile, the governor’s office makes it easy for individuals to voice their opinions on these questions.  One click takes you to the contact page, at http://gov.ca.gov/m_contact.php

To make sure your comment is received in time, use the electronic form, which first asks for four pieces of information:  Your first and last name, your email address, and the subject of your comment.  Open the drop-down subject menu and select the “Pardon” item.  The user interface is odd, because you then have to click the “Submit” button before you’re given a text box for comments, but if you soldier on, you can get there.

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Pardon Possible in Smith Case

It’s too early to celebrate, but the Sacramento Bee reports that Governor Jerry Brown is expected to pardon Shirley Ree Smith, the grandmother whose conviction in a shaking case was recently reaffirmed by the Supreme Court:

http://www.sacbee.com/2011/12/29/4150363/calif-gov-brown-weighs-clemency.html

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Playing Chess With a Handicap

DSC01360A Dispatch From the Front

As the recent Russ Van Vleck case illustrates, SBS defendants can find exoneration in court, at least sometimes.

San Diego attorney Toni Blake, a consultant on pediatric head-injury cases, says the numbers are hard to pin down. “If you consider ‘win’ no time in jail for the defendant,” she said in an interview last year, “we have a 15 to 17 percent win rate.” That’s fewer than one in five—among defendants with attorneys astute enough to contact Toni Blake.

Which most do not. I received an email some days ago from a professional who’d been trying to help David Tatara, convicted last month of second-degree murder in the death of his girlfriend’s toddler. Reflecting on the trial, State of Florida vs. David Tatara, my correspondent wrote:

Chess with a Handicap

Even though the evidence against him is circumstantial, and sufficient reasonable doubt has been raised . . .   Mr. Tatara may well spend the rest of his life in prison, found guilty of murder by a jury of his peers, for a crime he may not have committed.

The prosecution was led by a State Attorney with considerable legal experience and obvious expertise in child abuse. He was meticulously organized and was assisted by a highly competent co-counsel and a team of support staff. Over two and a half days, he brought through police officers; paramedics; a crime scene investigator; two engineers; a child protection officer; two local doctors, including the treating ER physician; a child abuse nurse; and the mother of the deceased infant. The last prosecution witness was Dr. Randall Alexander, Medical Director of the Statewide Child Protection Program and a charismatic expert on infant head injury—well chosen, I thought, as the closer.

Mr. Tatara, an electrician by trade, was represented by a defense team of one: a small-town attorney with seemingly little trial experience and even less preparation. The attorney had found two expert witnesses, both restrained by budget. The defense was able to start and finish its case one morning before lunch.

Whichever way you measure it—time before the court or number of witnesses, don’t even consider hours of preparation—the prosecution outweighed the defense by a ratio of five to one. It would be like trying to play a game of chess against a highly experienced and accomplished chess master, when you’re equipped with one fifth the pieces and a handicapped king. It was not surprising that this jury, like so many, found in favor of the prosecution, which had left a far deeper impression.

Mr. Tatara is a hard-working blue-collar employee who, as best he could, was providing for his girlfriend and her two children from a previous marriage. The one thing that the defendant is clearly guilty of is believing that he could afford an adequate defense on an electrician’s paycheck.

Note that this case included a skull fracture and was diagnosed AHT, not SBS. Mr. Tatara called 911 after what he said was an accident involving a playpen and a tile floor. For the article that ran after his conviction, see Boyfriend Guilty.

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