Reports and Requests From the Community

Supporters of Russ Van Vleck report that the State of Vermont has dropped its family court case against him. Van Vleck is now free to live at home and be in the same room as his daughter without supervision.

August 2012 update:  Stephanie Spurgeon has been sentenced to 15 years. The information below for writing to the judge is obsolete.

Second, supporters of Stephanie Spurgeon, the Florida child-care provider convicted last month, have posted instructions for writing to the judge on behalf of Spurgeon before her sentencing on May 7—now postponed until July 24, 2012. The instructions are aimed at friends and family members, but our participation might help educate the  judge.  The key point for us is that it’s not OK to talk about the trial but it is OK to say the evidence against her was inadequate. The news report of the conviction seems to be off the web, but you can get more information from this article written during the trial: http://www.tampabay.com/news/courts/criminal/medical-examiner-says-palm-harbor-infants-death-was-not-shaken-baby/1214742

Update:  Governor Brown pardoned Shirley Smith on April 6, 2012. See my blog posting here.

To almost eveyone’s surprise, meanwhile, there’s been no word from Govenor Jerry Brown in California about the requested commutation of sentence for Shirley Ree Smith, whose conviction was unfortunately re-affirmed in the fall by the Supreme Court. The good news is that the court granted Smith permission to move to another state, so she’s now living with her grandchildren. Her daughter, currently working in another state for financial reasons, will be joining them soon. The best news is that she remains free, at least for now. If you haven’t yet written in support of the pardon, instructions are on the governor’s web site:  http://gov.ca.gov/m_contact.php   If you want to submit your comments electronically:  Choose the “Pardon request” item in the drop-down menu. The box for comments doesn’t show up until you complete the first screen.

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Slate Publishes a Welcome Critique

Emily Bazelon, the reporter who wrote last winter’s New York Times Magazine article about shaken baby syndrome, has published another piece on the subject, in the on-line magazine Slate, at this url.

This shorter piece is even more clear-cut about the issues, and the lead includes her conversation with Dr. A. Normal Guthkelch, the British neuropathologist who first proposed shaking as a mechanism of infant brain injury in 1971. Dr. Guthkelch now says he’s worried that shaking theory is used in the courtroom to target innocent caregivers, as reported last summer by NPR.

The Slate piece is especially welcome right now, when most of the press coverage seems to accept without question the classic model.  In Missouri, for example, a state legislator has proposed a bill to lengthen sentences for people convicted of abuse through shaking, as reported in the Missourian.

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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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Current Cases All Over the Map

While I’ve been too busy to write about it the past few weeks, a number of intriguing, touching, and possibly important cases of alleged baby-shaking have been passing through the headlines.

Buried among the stories of accused parents, boyfriends, and babysitters, for example, was an Ohio judge’s decision late last month to drop charges against a teenage father, with the comment, “I think this case is full of doubt, frankly.” The move seems to have been popular in the community, as reflected in both the article and reader comments in the Newark Advocate.

More disturbingly  in Florida, the trial of a well-known child-care provider is now wrapping up, after unexpected testimony from  Dr. John Thogmartin, medical examiner for Pinelles and Pasco Counties. Thogmartin was interviewed in last summer’s Frontline episode about faulty science in infant death prosecutions. In the video, Thogmartin said he was skeptical of shaken baby syndrome, as he’d never really seen a case of it.  Consistent with that position, he’s reported to have testified in this case that the child died of blunt head trauma, not shaking… but apparently he does accept immediate symptoms, because he is testifying for the prosecution. Thogmartin was called back to the stand to address the defense theory that the child had been injured before arriving at the care-provider’s house, but it’s not clear to me from the Tampa Bay Times coverage either what he said or what he meant.

Just in the past few days, a young father in Arkansas has been arrested in what the news account called “a classic case of shaken baby syndrome.”  The diagnosing physicians seem not to have been swayed by the infant’s’s fragile health:  According to the Press-Argus coverage, 3-month-old Jayden Wright, who quit breathing in the care of his father on January 10, had weighed three pounds at birth on October 15, weeks short of his December 2 due date.

The same day’s news search brought up the sentencing of an Oklahoma father, who looks totally miserable in the photo that accompanies the story in the Oklahoman. He received a sentence of life in prison, making him eligible for parole in a little more than 38 years. His defense attorney had argued, unsuccessfully, that the man’s 5-month-old daughter had been injured in a fall a few days earlier, and had not been shaken by her father.

Meanwhile, in Raleigh, North Carolina, another father has been arrested in the presumed shaking death of his 5-month-old son. It’s not clear from the press reports why only the father is being targeted, since the couple seemed to be together when the breathing problems were discovered, first thing in the morning.

And there are dozens more. My heart breaks, for the children and for their families.

copyright 2012, Sue Luttner

If you are unfamiliar with the debate surrounding shaken baby syndrome in the courtroom, please see the home page of this blog.

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Ernie Lopez Conviction Overturned

After years of pro bono work by attorneys convinced of his innocence, Ernie Lopez has won a court victory:  His 2003 conviction for the sexual assault of a 6-month-old girl has been overturned by the Texas Court of Criminal Appeals. The case also included allegations of infant shaking.

The court denied Lopez’s argument of actual innocence, but did agree that he’d had ineffective assistance of counsel, because his attorney had not offered medical witnesses to rebut the allegations at trial.

He is now being returned from state prison to the county jail, closer to his family, while prosecutors decide whether to retry him on the original charges and whether to move forward with a murder charge in the same case. The NPR web posting explains more about the highly unusual sequence. He has served nine years of a 60-year sentence for the assault conviction.

Last summer’s combined investigation into child death cases by NPR, Frontline, and Pro Publica resulted in articles about this case, at NPR story page,  The Child Cases and  Pro Publica story.

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Tragedy Shouts; Innocence Whispers

Today’s New York Times front section tells the story of an immigrant Queens couple in custody on Riker’s Island for four years now, waiting for trial in the 2007 death of their infant daughter, diagnosed as a shaking victim. Their former landlady is now raising their surviving daughter, and their community has rallied around them.

Read the article, by Jeffrey E. Singer and Corey Kilgannon.

The posted comments are encouraging:  Although many writers are adamant that the parents are guilty, others are skeptical.  One responder mentions the ProPublica piece from June, another Friday’s Canadian broadcasts.

Meanwhile, 500 miles southeast, prosecutors in Orange County, North Carolina, have announced that they will not retry child-care provider Cheryl Alston, who was found innocent on two out of three counts in a highly emotional trial this past fall. I heard the news from one of the experts who testified in her defense:  I haven’t found anything in the press about the decision to drop the third charge, but you can read about the case in this story , published after the trial.

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