Kathy E <[EMAIL PROTECTED]> writes: Prosecutors rested their case against Suzanne Johnson today, showing jurors the final interview police conducted with Johnson after Jasmine Miller's death Det. Miguel Penalosa returned to the stand, and he testified about the defendant's final interview. The interview started with Penalosa informing Johnson of the autopsy results: Jasmine had severe fractures to the skull and did not die from choking. The autopsy concluded that the baby must have been blunt force to cause her injuries. Johnson adamantly denied hitting Jasmine with anything. She told Penalosa that she felt like the police wanted her to say something consistent with the injuries, like that she struck the baby. The video showed Penalosa and the other detectives prodding Johnson, pretending to befriend her, saying they want to help her. They asked Johnson what her daughter would think if she heard the evidence and then heard Johnson's inconsistent stories, and provided Johnson with possible scenarios of how she might have accidentally hit the child. The detectives told Johnson that the Millers have a right to know what happened. Finally, Johnson caved in. Crying hysterically, she told her third version of Jasmine's death: that she reached by the high chair to get the tray and her arm got hooked in the arm of the chair, sending Jasmine flying out of the chair and onto the ground. Johnson admits that she should have sought medical help immediately for Jasmine. During cross-examination, defense attorney David Burgess questioned Penalosa about his interview techniques. Penalosa admitted that sometimes he pretends to be the subject's friend and throws out scenarios to the subject hoping for a "bite." But, Penalosa said, the techniques are only used to find the truth, not just to get a satisfying version of a story. Another detective, James Hurgenrother, testified about an interview he conducted with Jasmine's mother, Crystal Miller, after the tragic death. In this audiotaped interview, Crystal described Jasmine as a very happy and easy-going baby. She also described choosing Johnson as a caretaker and liking her at first. But over time, Crystal said, she noticed changes in Jasmine: she slept more, her eating habits changed, she cried more easily to touch. Crystal was concerned, and she and Travis talked about finding a new baby-sitter. When Crystal dropped off Jasmine that final and fateful day, Jasmine cried upon just hearing Johnson's voice. Jasmine was not the type of baby to cry even if held by strangers. When Crystal left Jasmine that day, she hesitated for a moment and considered not going to work since Jasmine seemed so upset. Several times Crystal sadly said that she could not believe this actually happened, that Jasmine was gone. Part of her still wanted to believe Jasmine was fine. Dr. Randall Alexander, a pediatrician and an expert on child abuse, including shaken baby syndrome, also came to the stand to testify about Jasmine's fatal injuries. He said that Jasmine did not die from a fall from her high chair; the injuries were far too severe. The magnitude of the injuries resembled that from a fall a few stories high, or a motor vehicle accident where a child is unrestrained. Dr. Alexander also suggested that Jasmine might have been shaken as well as subject to a huge impact, indicated by her retinal hemorrhages (which are characteristic of shaken baby syndrome). According to the doctor, Jasmine's injuries were characteristic of a child who has been violently shaken into an object like a wall or floor. Dr. Alexander also said the incident would almost certainly knock Jasmine unconscious, and leave her without significant recovery, if any. To any caretaker, a child in this condition would look like a child who is dying. And, said the doctor, because Jasmine was okay when she was dropped off, this must have happened in Johnson's care, and fits a classic pattern of child abuse. Interestingly, Alexander said it is very rare that a child's shaken baby abuse symptoms result from the actions of more than one person. During cross-examination, defense attorney Burgess unsuccessfully tried to get Alexander to admit that the symptoms could have been caused by incidents other than child abuse. He also suggested that Jasmine would have soft tissue bruising on her neck if she'd been shaken. Dr. Alexander disagreed with that analysis. Suzanne Johnson's defense is expected to present their own experts on child abuse when her case begins tomorrow. In what may turn out to be a victory for Johnson today, the defense made an argument that no evidence was presented supporting a first degree murder charge. Prosecutors said they were satisfied with a second-degree murder charge. Although the presiding judge mentioned the prior injuries as possible evidence for first-degree murder, prosecutors remained satisfied with a second-degree murder charge. -- Kathy E "I can only please one person a day, today is NOT your day, and tomorrow isn't looking too good for you either" http://members.delphi.com/kathylaw/ Law & Issues Mailing List http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
