Kathy E <[EMAIL PROTECTED]> writes:
Suzanne Johnson, the daycare provider accused of murder in the death of
six-month-old Jasmine Miller, now waits to see whether she will go
free or potentially spend the rest of her life in prison as the jury has
started deliberating.
During closing arguments by the state, prosecutor Eugenia Eyherabide
said that Johnson "lost it" with baby Jasmine. The prosecutor told
jurors that Johnson was driven "crazy" by the infant's constant crying
and fussiness and lost control. According to Eyherabide, all the facts
regarding Jasmine's extensive head injuries -- and all the state medical
experts agree -- that the baby's death was a homicide, not an accident.
In addition, despite their various theories, Eyherabide told jurors that
the experts agreed that Jasmine died from a blunt force trauma to her
head, and she died as a result of child abuse.
"She [Johnson] kept telling the Millers that Jasmine was fine, that she
wasn't having any trouble with her," Eyherabide said. "But look at the
facts, ladies and gentlemen. They don't lie."
The prosecutor also reminded jurors about Johnson's several initial lies
to police about Jasmine's death, saying that this shows her guilt.
Eyherabide called Johnson's claim on the stand that she had forgotten
about Jasmine's alleged fall from the high chair and therefore did not
tell the police about it at first "preposterous."
Defense attorney Marc Carlos responded to the state's closing arguments
by portraying Johnson as a mother and grandmother who could not, and
would not, have killed Jasmine Miller.
"People like Suzanne Johnson do not kill," Carlos said repeatedly.
"People like Suzanne Johnson nurture life...The state's case is based on
a need to blame someone for Jasmine Miller's death. And who do they
blame? The last person to hold the baby, my client, Suzanne Johnson."
(My thoughts when he said the above was I couldn't help thinking of the
babies who's arm was broke during her care, that is not a way to nurture
life to me.)
Carlos used the testimony of the prosecution's own forensic pathologist
Jan Leestma to cast doubt on its own medical evidence. Quoting Leestma,
Carlos told jurors that the study of child abuse cases was not an exact
science. According to the defense attorney, if jurors have even the
slightest doubt about the state's medical testimony, then they must
acquit Johnson.
"'Never say never' is what Dr. Leestma said," Carlos reminded jurors.
"'I don't hold a patent on the truth.' Well the prosecutor is asking you
to say never. That Jasmine could not have died the way my client claims
she did. But can we conclusively say that?"
Carlos also explained the inconsistencies of Johnson's statements to
police by saying that she was "paralyzed by fear" when the police
responded to her 911 call and claimed that they bullied her into giving
them the truth that they wanted to hear. The defense attorney then
suggested that Jasmine was already suffering from a pre-existing injury
when Johnson first began caring for her. Johnson, he said, had a long
history of proving wonderful care for her clients' children and that was
proven by the prior testimony of parents and a child she cared for.
During the state's rebuttal case, Eyherabide told jurors that there was
only one victim in this case -- and it was not Johnson, as the defense
suggested. The only victim, the prosecutor said, was Jasmine Miller, who
will never get to read a book, kiss her parents, or enjoy her first
birthday.
Suzanne Johnson's case is now in the jury's hands. Court TV will cover
the verdict live once it is reached
--
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"
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