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The Professional Assassination Of Autism Expert Lisa Blakemore-Brown

Author:

Christina England

Dec. 29, 2010

The story of what happened to the UK professional Lisa Blakemore-Brown when she voiced her concerns about vaccines, has all the intrigue and drama associated with an Agatha Christie crime novel. The sad reality is that this has not been written as a work of fiction but to expose the horrific facts surrounding her case and the efforts made to cover up vaccine damage in children.

Her case began when a number of unsubstantiated complaints arrived at the offices of the British Psychological Society attacking the professionalism of the leading educational psychologist and expert in autism Ms. Lisa Blakemore-Brown. Instead of backing their psychologist as one would expect, the BPS backed the complainants and accused Ms Blakemore-Brown of being paranoid. On each occasion she won her case, one complaint turning out to be based on a forged document and the final complaint being lodged by a support group heavily funded by a drugs company.  Despite her spectacular wins however, she not only lost her home but she has had her career totally sabotaged.

I have always been shocked and frankly appalled that Ms Blakemore-Brown’s case has not been written about in full. There was no media coverage of her case and no articles of support before it. There were no protests outside the gates of the BPS for her as she struggled to cope with the pressure and no evidence of support from the families that she had so gallantly fought for.

Paranoia of course, as we know, is an ugly word along as with an accusation of paranoia comes stigma, prejudice and discrimination. In fact, this wonderfully talented and gifted professional was being treated in exactly the same way as the many families she had helped over the years who had been falsely accused of Munchausen Syndrome by Proxy (a diagnosis given to a mother or care giver to describe aspects of their behaviour. This behaviour usually includes subjecting what appears to be a previously healthy child to unnecessary and often painful tests or medical interventions i.e.: scans, x-rays and even surgical procedures to gain attention from the medical profession) This leads us to question whether this was why the BPS turned what should have been a simple ‘conduct case’ into a ‘fitness to practise’ hearing, carried out behind closed doors with accusations of paranoia and an enforced psychiatric assessment. Common sense tells us that any professional that is deemed paranoid by their governing body automatically has their past work professionally discredited. I personally believe that this was what was aimed for in this case.

Two professionals did write in support of Ms Blakemore-Brown to the BPS. These were Earl Frederick Howe – House of Lords and Dr Michael Innis, who both viewed Ms Blakemore-Brown as a professional of integrity and gave very high accounts of her excellent work.

I am honoured that I have been given the opportunity to write about the case of Lisa Blakemore-Brown, which is one that shows monumental injustice. Her case was instigated, in my opinion, by financially motivated pharmaceutical companies, corrupt governments and a failing system. I hope in writing this I can begin to expose the real truth of what can happen to a professional who speaks out against vaccines and their dangers.

Lisa Blakemore-Brown is an independent applied psychologist specialising in ADHD, Asperger Syndrome and related disorders. Her research focuses on early intensive system intervention and the increasing professional recognition of the interweaving of ADHD, Asperger Syndrome and related disorders. For this interweaving of disorders she uses her own metaphor ‘Tapestry Disorders’.

In 1996, Ms Blakemore-Brown was introduced to and asked to assess twin girls whose mother had been accused of Munchausen Syndrome by Proxy (MSBP).The paediatrician and expert leading the case at the time was the since discredited Professor David Southall.

After spending many hours researching the twin’s background and studying the vast quantity of medical records ascertaining to the case, Ms Blakemore-Brown discovered that these two little girls had been born prematurely, at just 26 weeks and were severely disabled.  Against all odds, the twins managed to survive, even after they both suffered multiple complications which included brain haemorrhages. Ms Blakemore-Brown diagnosed the twins with Autistic Spectrum Disorder and ADHD saying that they were, in fact, very disabled little girls, Professor Southall and social services disagreed, stating that these little girls were normal. Professor Southall later admitted on a television documentary surrounding the case, that he had no expertise in psychology or indeed the condition ADHD. Why did he go against Ms Blakemore-Brown’s expert opinion when in fact he knew nothing whatsoever about psychology or the condition  ADHD?

Ms Blakemore-Brown spoke about the case more recently at the Convention of Modern Liberty and said:

Back in 1996 I was an Expert Witness in a Court case involving autistic spectrum hyperactive identical twin girls who had been born at 26 weeks gestation in 1984. The behaviour of the twins, one in particular, was so difficult for the mother to manage especially with two other younger children, that she threatened to sue the authorities if they had missed the nature of the twins’ problem. This triggered an allegation of Munchausen Syndrome by Proxy (MSBP) – that she was fabricating or inducing the children’s behaviours/illnesses. What became clear to me was that Social workers, the Court and other professionals were being groomed by perverted logic to see real disorders and symptoms of real illness as child abuse.”

In 1996, the case went to court and despite Ms Blakemore-Brown’s evidence, the twin’s mother lost all four of her children to the care of social services.

It was around this time that Ms Blakemore-Brown began to have serious concerns about other cases involving autistic children she was assessing. Many of these were where the parents had also been accused of MSBP particularly she noticed after the parents had claimed that their children’s problems only began after a vaccine had been administered. In 1997, she wrote about her concerns in a letter that was published by the BPS in the magazine the Psychologist http://www.profitableharm.com/psychologist_letter.html .

In June 1998 an article appeared in  also written The Therapist by Ms Blakemore-Brown; this was a year after Sir Roy Meadow (a British paediatrician who had risen to initial fame for his 1977 academic paper on MSBP and his crusade against parents who wilfully harm or kill their children and also famous for endorsing “one sudden infant death is a tragedy, two is suspicious and three is murder, until proved otherwise“ now known as Meadow’s Law) had himself written an article for The Therapist. Ms Blakemore-Brown says that the Editor of The Therapist had contacted her after reading her letter in the Psychologist, asking her if she would write an article showing the opposite view, to start a debate.

In her article which she entitled False illness in children – or simply false accusations , she described a tragic case that she had been involved with involving a child that had developed a dangerously high fever, immediately after routine vaccinations. Shortly thereafter, he began to bang his head, soil and lost all his language. After many investigations, the child was diagnosed as having Asperger’s Syndrome. The mother began to suspect that the vaccinations were the root of the child’s problems and decided not to have her other children vaccinated. As time went on, she became desperate for help and turned to the social services, begging them for respite care because she was finding her elder son difficult to manage. Instead of the help this mother so badly needed, she was accused of MSBP and her children were taken away from her.

In foster care, the youngest child, a little girl, was vaccinated against the wishes of her mother. Instantaneously and tragically, her behaviour deteriorated the same way as her brother’s had, only this time the foster carer had video tapes of before and after vaccinations to prove this. Despite this evidence, both of the younger children were adopted. Ms Blakemore-Brown wrote:-

I have now seen details of many cases where children were wrongly taken from their families”.

In 1999, Ms Blakemore-Brown gave evidence in the Griffiths Inquiry. This inquiry was looking into the alleged malpractice of Professor David Southall.

When the Griffiths Report came out, Ms. Blakemore-Brown was named as a professional who had given evidence in relation to the mistaken thinking and logging of evidence of cases involving MSBP. The Griffiths Report included a paragraph on the concerpt of Munchausen’s Syundrome by Poxy (‘MSBP’) and its potential for errors of judgement. This led Ms. Blakemore-Brown to be conversant with the evolution of the MSBP guidelines.

Shortly after and with Ms. Blakemore-Brown fighting breast cancer, she went to New Zealand to give evidence in a case involving the mother of the twins, who had by this time fled to NZ to start a new life. Whilst away, Ms. Blakemore-Brown had her home burgled by a mother accused of MSBP, who had told Ms. Blakemore-Brown that she was suffering terminal cancer. Consequently, Ms. Blakemore-Brown had allowed her to stay in her home with her children to give them a holiday as her home was by the sea. Ms. Blakemore-Brown said that she could help care for her elderly dog and answer her phone. Ms. Blakemore-Brown soon discovered that this was in fact an elaborate hoax, as when she came home she found that her papers on the Griffiths Inquiry had been stolen and her home had in fact been ransacked. She then had a call from a professional she knew in the North, who was claiming that this woman had arrived in their offices and spent the whole day in what can onloy be described as sabotaging Ms. Blakemore-Brown’s reputation. This was the very day she had said to Ms. Blakemore-Brown that she was supposed to be having possible life saving surgery.

Despite this, Ms Blakemore-Brown continued to speak out about her fears of vaccine damage and in particular, the use of Thimerosal in vaccines and the overuse of the label MSBP to blame parents for their children’s disabilities. Ms Blakemore-Brown attributed this overuse to the work of Professor David Southall and Professor Roy Meadow.

During this time, she complained to both the General Medical Council and the Department of Health, asking for a public health inquiry. She was ignored. In fact Ms Blakemore-Brown wrote several times to the Government, even sending a letter to Jackie Smith, the then Health Secretary, demanding that action be taken. Jackie Smith returned this with a curt reply, saying that her fears had been documented.

In 2000, Ms Blakemore-Brown launched her book Reweaving the Autistic Tapestry in which she featured the case of a child she called Lorelei (name was changed to protect identity). This was a child who had reacted to the pertussis vaccine and in this case, the hospital had noted it in her medical records. The little girl went on to develop Kawasaki Syndrome, (KS is characterized by fever, rash, swelling of the hands and feet, irritation and redness of the whites of the eyes, swollen lymph glands in the neck, and irritation and inflammation of the mouth, lips, and throat) which has been attributed to vaccine damage by many renowned professionals including Dr Michael Innis. The consultant Gillian Baird referred the child to Ms Blakemore-Brown to be assessed because the child had also developed Asperger’s Syndrome.

Ms Blakemore-Brown later wrote about the case in a letter to the British Medical Journal rapid response on the Internet. The BMJ wrote to the parents to check that the information was correct and then published the letter saying that the information was correct.

At this time, Thimerosal was being used in many childhood vaccines. Thimerosal was first put into vaccines by the drug company Eli Lilly. Ms Blakemore-Brown had mentioned in her book that vaccines were a possible cause of ‘Tapestry disorders’ in children.  At the back of the book Ms Blakemore-Brown had mentioned names of lawyers that dealt ‘with claims against manufactures on the basis that autism has been caused by mercury and in particular Thimerosal’. Of course looking back, if this had later been proven to be the case and Lorelei had reacted to the Thimerosal in the DPT vaccine, this would mean that Eli Lilly could be sued for billions of pounds by parents worldwide. Suddenly the book disappeared and parents desperate to have a copy were being told that this was an ‘extremely rare book‘. Was this an early indication that Ms Blakemore-Brown has inadvertently hit upon something that was very damaging not only to the pharmaceutical industry but also the UK government?

This does appear very odd indeed because just a few weeks before this book had been a best-seller on various Autism websites and was the number one best-seller on the Attention Deficit Disorder Information Service (ADDISS) website. This is what Ms Blakemore-Brown had to say in an article she later wrote:-

MMR, Mercury and the Mystery surrounding my book

“Tomorrow, the General Medical Council will start the case against Dr Andrew Wakefield and two other doctors who raised concerns about children they assessed in the nineties, very worried that the problems they found were linked to adverse reactions to the MMR vaccine.

As there has been an almighty reaction by the Pharmaceutical lobby, there has been NO public debate on exactly what has been going on.

In my book, Reweaving the Autistic Tapestry, having seen too many children with what I called ‘tapestry impairments’ many of which developed following the DTP and in fewer cases, the MMR, I suggested there may be a ‘tapestry’ causal effect with vaccines as one thread.

I mentioned Thimerosal and included some lawyer’s details here and in the US.

The launch of the book was at a CHADD conference in Anaheim California in October 2001. Eli Lilly were on the next stand and bought a copy of the book.

On my return to the UK, there was no contact from the publisher.

Within weeks of my book being published, parents were being told by Amazon that it was a ‘rare book’ and that it would take a year to get and would cost $79 plus post and packing!!!

There were none in the shops.

There were none in the warehouses of the retailers.

There were none in the distributors.

The UK National Autistic Society carry all the books on Autism – except mine.

Probably nothing to do with my concerns about the vaccine, a small part of the book incidentally, or about my concern about the use of the label Munchausen Syndrome by proxy when children were genuinely ill – many had suffered reactions to vaccines. The fact that during the time my editor was working on the book, he was invited to change jobs and work on the MSBP/Factitious Illness Guidelines at the RCPCH – Royal College of Paediatrics and Child Health, I am sure was total coincidence.

Guess I’m just paranoid when it comes to the things done by the powerful vaccine lobby and the need to protect the vaccine programme more than the public…

Prior to the documentary, My Family and Autism, being aired on the BBC, over a year after the trip to Anaheim in which I am seen undertaking an assessment, I was able to at least get the book made more accessible.

If just one person is allowed to speak about their concerns without being leapt on from a great height, I might have confidence that the vaccine programme is safe – but I think they have gone too far and protested too much.

We all now want to know WHY???”

The book issue was not the only strange thing to happen at this time. A series of strange things were beginning to happen; hate posts began to be posted on the Internet site Mothers against Munchausen Allegations (MAMA). This was highly unusual as the site was aimed at supporting mothers who found themselves falsely accused of MSBP. These posts referred to Ms Blakemore-Brown as being unprofessional and a danger to children, some even indicating that she was mad using phrasing such as ‘barking mad’ or ‘paranoid’. At around this time Ms Blakemore-Brown also began to get abusive emails, Ms Blakemore-Brown says that one in particular she remembers was from a Ms Penny Mellor, a campaigner and one of the main contributors to the MAMA board, according to Ms Blakemore-Brown this email was extremely hurtful stating in capitols UNDERSTAND THIS – YOU ARE IRRELEVANT’ then about Ms Blakemore-Brown’s book she had added ‘Tapestry? Weaving? More like basket case!!!!. Shortly after losing her home due to legal costs from the first hearing, Ms Blakemore-Brown managed at last to set up her dream unit, ‘The Tapestry Life Centre’, at the Brunel University in London to support and aid children with autism. This was to be one of the first of its kind but within days of the news of the Centre being made public, the MAMA website, became littered with posts containing the most dreadful slander and libel, sneering at her efforts and asking where the money came from.

Another strange event surrounded the documentary mentioned by Ms Blakemore-Brown in her piece above. Although Ms Blakemore-Brown was featured heavily in the original documentary which was filmed at the Brunel University in July 2003 when the film was made on that documentary starring Helena Bonham-Carter entitled ‘The Magnificent Seven’ Lisa Blakemore-Brown had been airbrushed out.

The BBC say that this was because it was impossible to show all aspects of the documentary and that the film was based on the family itself.

In 2004 Jamie Doward wrote a piece in the Observer entitled Ministers told child harm theory was flawed | UK news | The Observer This article heavily featured Blakemore-Brown and received front-page coverage. Just a month later, Ms Blakemore-Brown along with Charles Pragnell, Helen Hayward-Brown, Dr Kalokerinos and Dr Innis were asked to speak at a conference in Sydney Australia. The Sydney Conference was the first International conference to challenge the diagnoses of MSBP and SBS. The conference was heavily covered at the time by the world press but strangely enough, not here in the UK.  Blakemore-Brown in the same year gave a speech at House of Lords on MSBP which she called MSBP – A PSEUDO-SCIENTIFIC TRAP

The speech was a huge success.

It was around this time that the second complaint had gone in to the BPS about Ms Blakemore-Brown.

Had Ms Blakemore-Brown become a public embarrassment to the government, and just who was behind the complaint?

In 2005, Blakemore-Brown was involved in the writing of the Consensus Paper, entitled Misdirection of Social Policy, a powerful document outlining faults in the system when looking at MSBP.

The Consensus document was written by a large group of professionals from various walks of life who saw a system was failing. It appeared that the result was that a large number of innocent parents were being accused of MSBP. These were parents with children who were sick or disabled that were being denied help. These professionals came together to discuss and draw up a document outlining what they saw going wrong and why. It was written for politicians and the government, to advise where the problems were seen to be and where changes may be made, for this reason it was not a Scientific document but a consensus of views. There are many instances where opinions are sought from service users and professionals.

The recommendations should have been discussed further to allow further development of policy. This was the logical way forward. The document had no named author. This was to protect the identities of all the professionals due to the fear of harassment. Sadly the Consensus document was heavily criticized by the media and certain campaign groups including the MAMA internet site, some of who never checked out the facts before voicing their opinions. Every opinion should count when there is a discussion of further improvements of policy. If the scientific community had reservations in accepting this document, they could have used it as a baseline to develop further larger studies containing a random group of cases. The recommendations could have been investigated further but it seems that the child protection specialists have so far failed to examine the issues to determine whether or not they can be implemented.

Specialists from the scientific community have mistaken it and compared the document to a scientific paper when it was simply a consensus of opinions and suggestions to be taken on board and perhaps examined in more detail.

The Consensus was written to effect change. This was a document to enable better guidelines and the changes suggested may have been implemented within government legislation. Recommendations were made and changes could have happened. The document was sadly shelved and gathers dust. The vast divide between child protection specialists and the parent population has caused a serious failure in communication. This in turn now results in falsely accused parents. Their real plight is often undermined or discarded. Various nefarious campaigning groups have overshadowed the true suffering of those who have been wrongly diagnosed. Perhaps this consensus document could be considered by the child protection specialists, government officials and those responsible for creating current policy. A proper robust policy should be developed to enable the protection of the child and the protection of the parent – equally.

Despite the Consensus document backing parents who had been falsely accused of MSBP and aiming to put new guidelines in place, the MAMA website appeared to once again sabotage Ms Blakemore-Brown’s efforts, siding instead with an article written in The Guardian by Jonathan Gornall entitled ‘No names, no proof, no consensus’ http://www.mensaid.com/msbp-fii/press-no_names_no_proof_no_consensus.htm that attacked the document because it had no named authors.

In March 2007, Ms. Blakemore-Brown was featured in the ‘Spectator’ in a piece entitled, What killed Sally Clark’s child? | The Spectator which explained a UK case involving a mother who had been jailed for three years after being accused of killing her baby, despite him dying just five hours after the DPT vaccine .In fact Sally lost not one but two of her children within hours after vaccines.

The article began:-

Sally Clark spent three and a half years in jail wrongly convicted of murdering two of her babies after a jury was assured there was no other explanation for their sudden deaths than that she had deliberately smothered them. Yet five hours before her second child, Harry, was found lifeless in his baby chair, he had been injected with a combined vaccine with a long history of serious adverse reactions.

Harry was eight weeks old, the regulation age for the first of three injections against diphtheria, tetanus, pertussis (DTP) and Hib (a bacterial infection that can cause meningitis). He was also given an oral polio vaccine. His biological age was five weeks, as he had been born three weeks premature. Because of the previous sudden death of his brother, Christopher, his breathing was being monitored. He was uncharacteristically dozy from the time of his jabs to the time he died.

Not many people know these facts, because at Sally’s trial the defence did not mention immunisation as a possible cause of death. Two prosecution witnesses, including the paediatrician Professor Sir Roy Meadow, assured the jury it could be discounted. Their statements went unchallenged, and the issue did not form any part of the appeal hearings. Professor Meadow, a former member of a Department of Health sub-committee on adverse reactions to vaccines, told the jury that he could not think of any natural explanation for Harry’s or Christopher’s deaths. ”

However, the expert witness in this case was Professor Sir Roy Meadow. Meadow, it has since been discovered sat on meetings discussing sudden infant deaths after the DPT vaccination years earlier when he say on the Joint Committee of Vaccination and Immunisation, an organisation that decides vaccine policy in the UK. He knew only to well the DPT vaccine could cause sudden infant deaths in some children. IN the Sally Clark case however, he told the jury that vaccinations were unlikely to be the cause of the children’s death. To read papers about those meetings Click Here

During all this time, strange events just continued to happen to Ms Blakemore-Brown including her computer being hacked, her phone being tapped and death threats. More and more despite her dedication and exceptional work on the MSBP/Vaccine issues she found her self pushed aside and cut out of any media or political coverage surrounding the issues. Blakemore-Brown explained about one of the strange occurrences in her article The Politics And Commerce Of Autism By Lisa – ***** THE POLITICS …

I was contacted by Judith Barnard and asked to speak at a conference looking at various matters pertaining to autism and they wanted me to speak on my concerns about MSBP. I agreed and this went ahead at Regents College in Regents Park London. I was also asked to meet with Judith Gould at the National Autistic Society to discuss matters. They apologised for not taking seriously my concerns in 1997, saying that they too now had a family being destroyed by a false allegation of MSBP and had finally seen what I had been trying to tell them some 5 years earlier. There was understandable deep concern about the Guidelines and the section I had picked out. Subsequently Judith Gould, Lorna Wing and Judith Barnard attended a meeting at the Department of Health.

They met Jacqui Smith and a civil servant, Jenny Gray. I was not invited to the meeting and from that time on, no one contacted me again from the NAS, well certainly not in a supportive manner. Something clearly happened at that meeting. My book, Reweaving the Autistic Tapestry: Autism, Asperger’s Syndrome and ADHD, is the only book on autism published by Jessica Kingsley that the NAS do not carry. I address concerns about the use of MSBP, concerns about the possibility that vaccines are implicated in autism, and a full chapter on how the educational system failed children with special educational needs”

So who were behind all these strange events and just what had Ms Blakemore-Brown said that was so important that she needed to be silenced? Had she inadvertently uncovered something that was very worrying indeed to the drugs companies and the UK government? The events that followed appear to indicate that this could well be the case.

It soon materialised that the National Autistic Society who no longer supported Ms Blakemore-Brown or her work were being funded by the drugs company Glaxo SmithKline.

In my article Is There More To Professor Simon Baron-Cohen Than Meets The Eye, I showed how the NAS was receiving funding from Glaxo SmithKline by citing the GSK website which said:-

National Autistic Society (NAS)

NAS provides support and advice to families and individuals across the autistic spectrum and are increasingly concerned by the lack of information and advice available to GPs and health professionals in terms of diagnosing this condition.
We have supported this organisation since 2003.

During 2006:
Our charitable donation of £9,988 will fund a targeted mailing to over 4,000 GP´s surgeries in the UK with information about autism, NAS and their services.
Our funding represents 0.15 per cent of their income overall.”

It then emerged that the group ADDISS was behind the new complaint against Ms Blakemore-Brown .

Lisa says in her article ***** THE POLITICS AND COMMERCE OF AUTISM

Given the profound need for such efforts and such facilities espoused by none other than Jacqui Smith at the Kings Fund Centre just a few months earlier and the considerable media exposure of the wrongful convictions of women accused of killing their children by Professor Sir Roy Meadow, I had every reason to feel optimistic about the Centre, my own future and that of the children I dedicated my working life to.

Within a matter of weeks, another vexatious complaint was drummed up with a group called ADDISS heavily involved at the outset. This group was just beginning to receive considerable funding from Eli Lilly, the pharmaceutical company which first produced Thimerosal, a mercury-containing vaccine preservative implicated in the rise in autism. Liam Byrne, a Labour Minister who has also had responsibility for matters linked to autism, defended the funding this same group received from the Department of Health at the same time. He was also brought in to spin out the considerable number of recommendations following a two year Select Committee Parliamentary inquiry into the influence of the Pharmaceutical Industry.

Despite knowing about the actions of this group from a colleague, the British Psychological Society ploughed on. The University was bombarded with vexatious calls relating to me and the Director was told, out of the blue, to take early retirement. It was all quite shocking for everyone”

It was around this time and completely out of the blue, another complaint went in to the BPS. This time the complaint was from Penny Mellor, herself an avid campaigner against false allegations of child abuse and the main contributor to the website MAMA. Ms Mellor implied that Ms Blakemore-Brown was not fit to practise and was in her opinion mentally ill.

Ms Blakemore-Brown was shocked as she had only ever met Ms Mellor on three occasions. However. Ms Mellor had tried to sabotage every attempt Ms Blakemore-Brown made to expose the ever increasing number of parents being falsely accused after a vaccine injury had occurred.

Suddenly and without warning Ms Blakemore-Brown was asked to leave the university and close down the Tapestry Life Centre; her lifetime’s dream was shattered.

On winning her case in 2008, three years after the complaint was originally filed, Ms Blakemore-Brown promptly resigned from the BPS as she no longer wanted any association with an organisation she felt was as corrupt as their counterpart, the GMC.  She continued to speak out until the middle of 2009.

Little has been heard from Ms Blakemore-Brown since then. Has she finally called it a day and realised that the drug companies and the UK government have just become too powerful when it comes to vaccinating our children? Well I am sure that is what they would like to think. After all, it would be another ‘notch on their bedpost’ so to speak. Ms Blakemore-Brown has this saying, however: ‘Slowly, Slowly, Catchy, Monkey‘, and I doubt very much that they have seen the last of this amazing women.

On July 18th 2010 it was announced by The Independent newspaper that Ms Mellor had been recruited by the General Medical Council to be part of a group of experts offering guidance to doctors on child protection procedures. In the article by Nina Lakhanni called – Child abduction conspirator hired to advise doctors she wrote:-

A row has broken out after the General Medical Council recruited a woman convicted of conspiracy to abduct a child on to an expert group charged with producing child protection guidance for doctors.

Penny Mellor, from Wolverhampton, served eight months of an 18-month jail sentence after being found guilty of a “wicked conspiracy to abduct” a little girl in 1999. She still maintains she was trying to prevent the child from falling into the hands of social services. Mrs Mellor has been involved in more than 50 complaints against professionals working in child protection, accusing numerous doctors and nurses of misconduct.

The GMC was last night under growing criticism from respected paediatricians, just months after winning widespread praise for setting up the group.

This followed controversy involving a paediatrician, Dr David Southall, an expert on a condition formerly known as Münchhausen syndrome by proxy, in which a person causes injury or illness to another (often their child) to gain attention. Mrs Mellor, who describes herself as a campaigner and medico-legal researcher, has confirmed taking part in around 30 complaints against Dr Southall. The GMC had ruled that he be struck off the medical register but he successfully overturned this at appeal. Mrs Mellor has been investigated, but not charged, for criminal harassment against Dr Southall”.

On 26th July 2010 Ms Blakemore-Brown had this about the to say about the GMC and Ms Mellor in and article entitled  Ms Penny Mellor, The BMJ, The GMC And – The One Click Group – News …

I am no longer astonished about what happens in the country within the so called Regulatory bodies and in the world of so called Child Protection

She continued-

“Ms Mellor seemed hell bent on making sure she was seen to be the only voice for the parents, and any other attempts by others were thwarted. To this day I don’t know why, though clues may lie in the fact that she publicly defended Sir Roy Meadow when it was discovered through FOI that he had been on the Adverse Reactions to Vaccination and Immunisation sub committee of the JCVI. A leading journalist, who, like many others, had been shocked by the Sally Clark case, began to put two and two together – was MSBP a cover up for vaccination adverse reactions and maybe other iatrogenic damage? If so, why would a “housewife” claiming to be on the side of falsely accused parents (many of whom had children whose illnesses began after a vaccine) want to deny that possibility just as Sir Roy himself did in the Clark case? Why is it NEVER considered as part of the differential diagnosis? Who was she protecting? It wasn’t the children who reacted to vaccine whose parents were destroyed by false allegations of MSBP.

Penny Mellor even sent in a vexatious complaint about me, in her many long years of efforts to sabotage whatever I did in relation to MSBP. She sent in a scribbled page to my Regulatory body saying I was not fit to practise – implying mental illness – because she thought that I had said that she had a personality disorder. My own Regulatory body, The British Psychological Society, were only too happy to listen to Ms Mellor and push this complaint through over many years when even their own adjudicator said it was vexatious and should be thrown out. I eventually won, but the damage was considerable. Who influenced them?”

Who indeed, Penny Mellor perhaps?

I have since discovered that shortly before the Director of Brunel University was asked to retire, the University had in fact received funding from GSK.

Since writing this article Ms Mellor resigned from the GMC. In an article covering the story in the BMJ Doctors’ critic resigns from guidance group after protests Clair Dyer had this to say:-

The controversial parents’ advocate and campaigner Penny Mellor has stepped down from the General Medical Council’s expert group on child protection in the face of a High Court challenge to the GMC’s decision to recruit her to the group.

Papers served on the GMC by the paediatrician David Southall argue that her inclusion in the group is “illegal, perverse, and unethical” and contrary to the public interest and the spirit of the Safeguarding Vulnerable Groups Act 2006.

Dr Southall also contends that Mrs Mellor’s appointment is contrary to the GMC’s obligations in respecting the professional status and work of the doctors it registers and contrary to its role, as established with the Charity Commission, to regulate professional practice and provide advice on standards of conduct and performance and on medical ethics.”

PACA Professionals Against Child Abuse http://paca.org.uk/ had this to say:-

“PACA welcomes the resignation of Mrs Penny Mellor from the expert group set up by the GMC to review doctors’ conduct in child protection matters. Mrs Mellor has led a long-standing campaign against professionals who take a lead in complex and life-threatening child abuse, including paediatricians, pathologists, radiologists and social workers. She has spun a series of false allegations that have impacted on the lives of professionals, as well as the resources of the NHS and GMC, and not least continues to post confidential material concerning families involved in child protection proceedings on public web sites.”

Many professionals have had their careers ruined through speaking out about the dangers of vaccines. Few however have had to endure the years of victimisation that Ms Blakemore-Brown has had to go through. In my opinion this has been a well engineered campaign to destroy the career of a brave child advocate and dedicated professional.

All documents and references cited in this article can be found in full on www.profitableharm.com under Lisa Blakemore-Brown. Many of these documents can be found nowhere else on the Internet.

Other research used

The David Southall Film Clip. For the full catalogue, see here

Reading Ms Blakemore-Brown’s book, Reweaving the Autistic Tapestry, which can now finally be purchased on Amazon. The book however has strangely been edited and not by Ms Blakemore-Brown and is now minus the recommendation from Earl Howe on the back cover.

Conversations with Ms Blakemore-Brown


Author Information:

Christina England

I am a UK journalist with an HND in journalism. I am also a member of ICAP International Coalition of Advocates for the People
i.c.a.p.org

I have an interest in Human Right issues, especially the rights of the disabled and the elderly.

I wish to expose the new evidence that is being uncovered surrounding vaccines.

Many vaccines have been proven to have serious adverse reactions that have been found to cause, Autism, ADHD and other neurological and physical disorders.

I believe that all parents have the right to the information often hidden by the pharmaceutical industries about what vaccines contain and the often devastating side effects that these vaccines have been found to cause.

It is only when a parent has the full facts that they can make a fully informed choice as to whether they wish to have their child vaccinated or not.

Parents also need to know that there are other choices open to them like single vaccines, mercury free vaccines, homeopathic vaccines and diets to boost the immune system to promote good healthy living.

Our children must not become human pin cushions or profit making machines, they are precious and they are ours.

Christina England

Shaken Baby Syndrome – the Trap that Catches Innocent People

Author:

Jef Henninger, Attorney

For full bio see:

http://www.njdyfsattorney.com/lawyers.html

 

December 26th, 2010

Most people have heard of shaken baby syndrome.  Few people really know what it is.  To put it simply,  it is the name given to a collection of symptoms thought to be caused by shaking a baby often out of anger and frustration.  Its more art than science and the diagnosis may depend on who the suspects are and who is making the allegation.  An infant really doesn’t have a medical history.  Thus, unexplained injuries need an explanation.  If neither parent admits to dropping the child, than the hospital staff will look to bone disease or shaken baby syndrome.  Bone diseases or other ailments that could cause the injuries could be difficult to diagnose especially right away.  If one of the parents seem like suspects, they will likely be branded suspects be hospital staff.  As a result, when DYFS and law enforcement are called, they will often accept the suspect label that hospital staff has been given to one or both parents.  Of course, an independent investigation would be expected in a perfect world, but this is New Jersey.

What you will see in these cases quite often is DYFS and law enforcement attempting to alienate one parent against the other.  When this doesn’t happen, both parents may become the target.  In one SBS case I was involved with, my client was prevented from having visitation simply because she said she wasn’t sure if her husband was guilty.  Makes a lot of sense right?  In that case, it eventually turned out that the father did nothing wrong.

Another thing you will see in these cases is law enforcement trying to break down the key suspect.  They may give the suspect a stuffed animal and get him/her to show them how the child was dropped, shaken, carried, etc.  As the pressure mounts, the suspect may eventually break and wind up admitting to something they didn’t even do.  Research has born out time and time again that innocent people can be made to admit to something they didn’t do when they are subject to this type of pressure.  Now that are facing criminal charges in addition to possibly losing your rights to your child, you will see that talking could be the worst thing that you ever did.

If you are under investigation for shaken baby syndrome, child abuse or any DFYS investigation, call our team of tough, smart attorneys right away.

Source:

http://njdyfsattorney.com/blog/?p=28

Does Anyone Tell the Truth Any Longer?

An article by Attorney, Mark B. Baer caught my attention today. Though the interests of this site are devoted to the issues of medical misdiagnosis and the related legalities that result, the challenges of perjury within the court systems seem to permeate every level of the judicial system as well as layman and expert testimony alike.

I have taken an excerpt from the article below:

 

Judges almost never refer a case to the District Attorney’s office for a perjury prosecution.  “Persons who knowingly make such accusations [false allegations] are almost never subject to legal sanctions.  Casey Gwinn, a San Diego prosecutor and national authority on domestic violence, admits, ‘If we prosecuted everybody for perjury that gets on the witness stand and changes their story, everybody would go to jail.’”

Clearly, the system does nothing to discourage people from committing perjury.  I am of the opinion that unless and until Courts refer cases of perjury to the District Attorney’s office for perjury prosecution and the District Attorney’s office actually prosecutes such cases, “everyone that gets on the witness stand” will continue to commit perjury.  Since the judicial system is not known for its ability to always fetter out the truth, it might be a good idea if something were done to reduce the incidence of perjury.

Furthermore, when sworn in as attorneys, we agree to faithfully discharge the duties of an attorney to the best of our knowledge and ability.  Among other things, the duties of an attorney include the following:   (1) “To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense”;  (2) “To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law”; and (3) “Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.”

The system might also improve if the attorneys remembered the oath that they took and if the State Bar actually disciplined those attorneys who fail to “faithfully discharge the duties of an attorney and counselor at law to the best of [their] knowledge and ability.”

 

Source:

http://www.markbaeresq.com/Pasadena-Family-Law-Blog/2010/June/Does-Anyone-Tell-the-Truth-Any-Longer-.aspx

It can be hard to diagnose abuse in kids.

RECENT CASES illustrate how rare diseases can be mistaken for child abuse, mimicking the bleeding or fractures of shaken-baby syndrome.

DORNSIFE, Pa. – The pathologist saw blood in the brain and hemorrhaging in one retina of the dead 4-month-old Amish girl. As a result, a coroner ruled the death homicide due to shaken-baby syndrome, stunning the tiny town of Dornsife and Pennsylvania’s scattered Amish communities.

Days later, an expert on Amish illnesses said the ruling was wrong, that Sarah Lynn Glick died of a vitamin K deficiency Vitamin K Deficiency Definition

Vitamin K deficiency exists when chronic failure to eat sufficient amounts of vitamin K results in a tendency for spontaneous bleeding or in prolonged and excessive bleeding with trauma or injury.  and a rare liver disease Liver Disease Definition

Liver disease is a general term for any damage that reduces the functioning of the liver.
Description

The liver is a large, solid organ located in the upper right-hand side of the abdomen. .

Two months later, authorities are trying to unravel the truth.

Whatever the eventual ruling, Sarah’s death is one more example of the sometimes blurred line between illness and child abuse, as when a rare disease mimics the bruising, bleeding or fractures of shaken-baby syndrome.

In 1999, Minnesota officials took 1-year-old Wyatt Hines from his parents for three months after finding fractures in the boy’s bones. His parents insisted he had osteogenesis imperfecta osteogenesis imperfecta

Group of connective-tissue diseases in which the bones are very fragile. Several forms probably reflect different degrees of expression of the same disorder. , or “brittle-bone disease,” a hard-to-diagnose disease the Osteogenesis Imperfecta Foundation says may affect 20,000 to 50,000 people in this country.

In another case, a newborn was taken from her parents in Denver in 1991 before doctors diagnosed her with glutaric aciduria aciduria /ac·id·u·ria/ (as?i-du´re-ah) excess of acid in the urine. For those characterized by increased concentration of a specific acid, see at the acid.  type 1, a liver disorder. In Nashville, an infant with the liver disease Alagille’s syndrome was briefly sent to a foster home in 1993.

Doctors are required by law to report suspicious cases to social workers. “If it’s disease, the worst you have is an angry family. If it’s abuse, the other kids are in deadly danger,” said Dr. Randall Alexander of the Center for Child Abuse at Atlanta’s Morehouse School of Medicine Morehouse School of Medicine is a medical school in Atlanta, Georgia, USA.

Originally part of African-American all-male Morehouse College, it was founded in 1975 during the tenure of college president Hugh M. .

In Sarah’s case, the first to question the pathologist’s conclusion of homicide was Dr. Holmes Morton of the Clinic for Special Children in Strasburg.

“When you see a child that has blood in the brain, you must think child abuse, because unfortunately that happens in our culture; but you must also think of other disorders that mimic it,” Morton said.

Dr. Michael Kenny Michael Vincent Kenny (born June 19, 1964 in Lower Hutt) is a former heavyweight boxer from New Zealand, who won the gold medal in the men’s super heavyweight (+ 91 kg) division at the 1990 Commonwealth Games. , the pathologist at Geisinger Medical Center Geisinger Medical Center is a hospital in Danville, Pennsylvania, serving as the primary hospital for the also Danville-based Geisinger Health System, a primary chain of hospitals and clinics–which includes the Danville medical center– across northeastern and central Pennsylvania.  where Sarah died, is expected to report on his review of the case next week.

Neither Kenny nor Tony Rosini, Northumberland County’s district attorney, returned calls for comment.

“We’re on hold,” said State Police Cpl. Carey Latsha, who oversaw the investigation.

Sarah’s parents, dairy farmers Dairy Farmers is one of Australia’s largest and oldest dairy manufacturers, established in 1900, supplying products to local and international markets such as eastern Europe, the Middle East and Asia.  Liz and Samuel Glick, found her unconscious Dec. 21, after the infant had been vomiting vomiting, ejection of food and other matter from the stomach through the mouth, often preceded by nausea. The process is initiated by stimulation of the vomiting center of the brain by nerve impulses from the gastrointestinal tract or other part of the body.  for days. She died two days later. Declaring it abuse, child services put the Glicks’ other seven children in foster care until Feb. 17.

“Liz is a very quiet, calm person,” neighbor Lisa Williard said. “This really has boggled my mind.”

Morton said that, earlier this century, doctors frequently saw babies with hemorrhaging caused by vitamin K deficiencies. Today, babies get vitamin K vitamin K

Any of several fat-soluble compounds essential for the clotting of blood. A deficiency of vitamin K in the body leads to an increase in clotting time. In 1929 a previously unrecognized fat-soluble substance present in green leafy vegetables was found to be required  in shots and baby formula, but Sarah, delivered by a midwife and breast-fed breast·feed or breast-feed
v. breast-fed , breast-feed·ing, breast-feeds

v.tr.
To feed (a baby) mother’s milk from the breast; suckle.

v.intr.
To breastfeed a baby. , got neither. Without it, her blood did not clot properly.

Compounding Sarah’s problem was a genetic liver defect, Morton said. Even if she had been getting the vitamin, her body would not have been able to break it down.

The illness is not widely known, but Morton still criticized the handling of Sarah’s death. Reports of similar cases involving vitamin K deficiency have appeared in several medical journals.

“The data was in the file the day she died and was never read or understood by the people that pressed this investigation,” Morton said. “We haven’t discovered anything that supports a diagnosis of abuse in this child.”

Authorities who have dealt with similar cases say there is good reason to thoroughly investigate claims of disease that could actually be signs of child abuse.

“You’re going to err on the side of protecting the child,” said Susan Gaertner, a prosecutor in Minnesota. “Would people want us to do it any other way?”

————————-

Diseases that can mimic child abuse

Osteogenesis imperfecta, or brit-tle bone disease: Affects more than 20,000 people. Similar illnesses: hypophosphatasia, juvenile osteoporosis.

Alagille’s syndrome: The liver disease can cause clotting problems and a thin skull that cracks easily. Affects one in 100,000 people.

Byler’s disease: One of three kinds of liver diseases particularly common among Amish.

Glutaric aciduria, or GA-1: It can lead to a dangerous buildup of acid in newborns, causing brain damage and paralysis. Symptoms include retinal bleeding.

Mongolian spots: The birthmarks Birthmarks Definition

Birthmarks, including angiomas and vascular malformations, are benign (noncancerous) skin growths composed of rapidly growing or poorly formed blood vessels or lymph vessels. , in some cases, appear similar to bruising.

Sources: Osteogenesis Imperfecta Foundation; Clinic for Special Children in Strasburg, Pa.; American Academy of Pediatrics The American Academy of Pediatrics (“AAP“) is an organization of pediatricians, physicians trained to deal with the medical care of infants, children, and adolescents. Its motto is: “Dedicated to the Health of All Children. ; National Clearinghouse on Child Abuse and Neglect Information.

Source:

http://www.thefreelibrary.com/It+can+be+hard+to+diagnose+abuse+in+kids.-a064000676

Father Found Not Guilty Of SBS Returns To His Family

Dec. 13, 2010

Trial starts in Franklin County court for man accused of assaulting his 3-month-old daughter

FRANKLIN COUNTY — A Chambersburg man charged with assaulting his infant daughter was in court Monday for the first day of a jury trial scheduled for the whole week.

Much of the testimony Monday consisted of highly detailed medical descriptions of injuries inflicted upon Leiana Trina Billups, the daughter of Jamel Lee Billups, 32, when she was 3 months old.

Dr. Kathryn Crowell of Milton S. Hershey Medical Center, Hershey, testified that she examined the baby in October 2009. She said the child will likely have permanent brain damage as a result of her injuries, which could have been fatal.

According to police, the infant was brought to Chambersburg Hospital Oct. 19, 2009, with a traumatic head injury. Tests indicated that she suffered multiple old rib fractures, hemorrhaging and extensive retinal damage, consistent with a shaking event.

Crowell read from a hospital report that stated “from a medical perspective” the baby’s injuries are the “clinical picture of inflicted trauma.” She said it was several doctors’ opinion that the child was the victim of “shaking, plus or minus impact.”

Billups is being representing in the trial by attorneys Mark Freeman and Christopher Basner.

During his cross-examination of Crowell, Freeman asked questions about the bone-softening disease rickets, blood clotting disorders and other potential non-violent explanations for the severity of the baby’s injuries.

“We ruled out other causes based on the analysis of her scans,” Crowell said.

A Chambersburg Hospital Emergency Room doctor who initially saw the baby and a Chambersburg Police detective also testified Monday, according to Assistant District Attorney Lauren Sulcove.

After Crowell’s lengthy testimony, a Chambersburg Police officer and a special agent with the state attorney general’s office took the stand.

John Greenawalt of Chambersburg Police Department testified that he seized a hard drive from the computer at the home of Billups and the baby’s mother, Jacqueline Rosario. The device was taken for analysis by Special Agent Abel Rios.

It was determined that someone had used the computer to access the online gambling program “Full Tilt Poker,” for an undetermined period of time, Rios testified.

According to the affidavit, Billups told police that he had just sat down to play online poker when the baby began to cry. He reportedly said that he was going to continue playing with the baby on his lap, until he realized she wasn’t breathing normally.

Rios was the last witness to testify for the day. Judge Shawn Meyers adjourned court shortly before 4:30 p.m.

The trial was expected to resume at 8:30 a.m. today. Sulcove said the day would begin with testimony from prosecution witness Dr. Mark Dias, a pediatric neurosurgeon at Hershey Medical Center.

Testimony continues in infant assault trial

CHAMBERSBURG, Tuesday, Dec. 14 – A Franklin County jury heard hours of medical testimony this morning in the trial of a man accused of shaking his infant daughter until she suffered brain injury.

Dr. Mark Dias, a pediatric neurosurgeon at Milton S. Hershey Medical Center, Hershey, took the stand shortly after 8:30 a.m. Tuesday. He testified that he was one of the doctors to care for 3-month-old Leiana Trina Billups in October, 2009.

Dias told the jury that based on his expert opinion, the baby suffered permanent brain damage as the result of being shaken violently.

The baby’s father, Jamel Lee Billups, 32, of Chambersburg, is charged with aggravated assault and endangering the welfare of a child. His defense team contends that the child’s brain bleeding and other health problems were the result of a stroke.

Assistant District Attorney Lauren Sulcove said she intends to rest her case against Billups by the end of today’s proceedings. Another doctor and a detective with Chambersburg Police Department are expected to testify after lunch.

Dec 14

Jury sees interview video in shaken baby case

Billups

A Chambersburg man accused of shaking his infant daughter until she suffered brain injury last October told police that he was always “very delicate” with his children.

A jury watched a video Tuesday of Jamel Lee Billups, 32, being interviewed by a detective on the day his daughter was flown to Milton S. Hershey Medical Center.

Chambersburg police Detective William Frisby Jr., who conducted the interview, was the last witness to testify Tuesday in the Billups trial. The prosecution has now called all its witnesses, and the defense is expected to begin presenting its case this morning.

“I promise I won’t use any big words or mention any medical lingo,” Frisby said to the jury as he approached the witness stand.

In that respect, his testimony was an exception. The other two witnesses heard Tuesday were both doctors who discussed Leiana Trina Billups’ brain damage and other physical problems in great detail.

Frisby said he was called in to interview Billups on Oct. 19, 2009 after Chambersburg Hospital notified police about the baby’s injuries. The taped interview was played for the jury.

In the video, Billups told Frisby that his daughter had been acting healthy all day, until the afternoon when she awoke from her nap crying. He described her as “tensed up” and arching her back, and said she didn’t seem to be breathing normally.

“It just wasn’t right,” he said in the video.

Using a doll to demonstrate, Billups showed Frisby how he picked

up and held his daughter after she began crying. He also re-enacted how he tried to get a response from her using what he called a “wake-up tap” on her face.

“That’s the most trauma to the head that I did today, or that I would do to her,” he said in the video.

During the interview, Billups described the way he handles his children as “very delicate.”

“I love both my kids very much,” he said.

Defense attorney Christopher Basner asked Frisby during cross examination if he would agree that Billup’s account of the Oct. 19, 2009 has remained consistent. Frisby said he agreed.

Dr. Mark Dias, a pediatric neurosurgeon at Milton S. Hershey Medical Center, Hershey, was the first witness to testify Tuesday. He told the jury that, based on his expert opinion, the baby suffered permanent brain damage as the result of being shaken violently.

He said possible effects of the baby’s brain damage include lasting vision problems, stiffness and difficulty moving her limbs, mental retardation and cognitive impairment.

“We don’t know the extent, but I can virtually guarantee you that she will have some problems,” Dias said.

According to testimony, testing indicated that Billups’ daughter suffered 16 rib fractures between four and six weeks prior to suffering head injury, brain hemorrhaging and extensive retinal bleeding consistent with a shaking event

Billups is charged with aggravated assault and endangering the welfare of a child. His defense team contends that the infant’s brain bleeding and other problems were the result of a somewhat rare type of stroke called cerebral venous thrombosis.

In his testimony, Dias used a traffic analogy to explain the workings of blood vessels in the head. He compared clotting, also called thrombosis, to car wrecks that disrupt the flow of traffic.

Dias testified that, in his experience and according to the literature he has read on the matter, there is no evidence that CVT “causes a catastrophic loss of consciousness and disorderly breathing,” he said.

During cross examination, defense attorney Mark Freeman referred to a scholarly article written by another doctor who contends that the level of force required to cause retinal bleeding by shaking is “biomechanically improbable.”

Dias said he disagreed with the statement, and that “a minority of people” in his field would agree with it.

“You’re picking one person’s point of view, which is fine,” Dias said to the lawyer. “That’s your job.”

The doctor said tests for thrombosis were performed on the baby weeks after she was first brought to the hospital. “Not only did we find no evidence (of thrombosis), we also found evidence of what we would expect with abusive head trauma,” Dias said.

At one point during his the cross examination, Freeman asked Dias if he was a radiologist.

“No, I’m a neurosurgeon,” Dias replied.

Dr. Arabinda Choudhary, director of pediatric neuroradiology at Hershey, also testified Tuesday that the baby had blood on her brain and retinal hemorrhages, as well as apparent brain swelling and bruising.

He showed the jury MRI images that he said showed Leiana’s damaged brain. The blue and white cross-sectional views of the baby’s head showed noticeable differences between the left and right sides.

He said that “based on (his) training and experience,” the was “no evidence of thrombosis” in the baby’s scans. He showed the jury images of a normal adult brain alongside images of the same brain with thrombosis, and explained the differences.

Assistant District Attorney Lauren Sulcove said she will formally rest her case against Billups first thing today. The defense is expected to call its first expert witness, a doctor, about 9 a.m.

Juror dismissed this morning in Billups trial

CHAMBERSBURG — Dec. 15, 2010 — A juror was apparently dismissed this morning from the ongoing trial of Jamel Lee Billups, the Chambersburg man accused of shaking his infant daughter.

The cause of the dismissal came during testimony by defense witness Dr. Julie Mack, a radiologist at Milton S. Hershey Medical Center. Judge Shawn Myers and the attorneys for both sides were having a sidebar conference when Mack, who was on the witness stand, had a brief conversation with the juror.

Myers told the doctor that any interaction between a witness and members of the jury is forbidden, however innocent her intentions may have been. During a short recess, he questioned her about the nature of the conversation.

She said that the juror seemed to have an issue with her knee, so she asked if it was sciatica. The juror replied that she had loose bone fragments in her knee, according to Mack’s testimony. The doctor said she had never testified in a criminal trial before, and was unfamiliar with all the protocol.

During the recess, Assistant District Attorney Lauren Sulcove and both attorneys representing Billups met with the judge in chambers. Shortly after, everyone seated in the courtroom’s viewing gallery was asked to step into the hall.

The juror who spoke with Mack was seen leaving the courtroom carrying her coat. When the trial resumed, one of the two alternate jurors was sitting in the former juror’s chair. The jury is composed of eight women and four men.

Mack completed her testimony and Myers called a lunch recess until 2:15 p.m. Billups’ defense is expected to call its next witness at that time.

Accused wishes he’d called 911 sooner

Jamel Lee Billups told a jury Wednesday that he regrets not calling 911 sooner on the day his infant daughter was hospitalized with blood on her brain.

“I really wish I would have done something sooner,” he testified under cross-examination by Assistant District Attorney Lauren Sulcove.

Billups described in detail the events of Oct. 19, 2009, the day of his 3-month-old daughter’s trip to the Chambersburg Hospital emergency room. Those events led to a child abuse investigation and criminal charges.

Billups took the stand Wednesday afternoon wearing dress slacks and a striped button-down shirt. Although he has been incarcerated at Franklin County Jail since November 2009, he has worn street clothes rather than an orange jumpsuit since the week-long trial began Monday.

Questioned first by his defense attorney, Christopher Basner, Billups talked about finding the baby in apparent distress, then nervously pacing around the apartment trying to get a response by tapping on her cheeks and blowing in her face.

“This is exactly what happened,” he said.

When the mother of his two children, Jacqueline Rosario, got home from work around 5 p.m., they rushed the baby to the hospital. Shortly after they arrived, a doctor told the couple the child would probably not survive, according to testimony.

Soon Leiana Trina Billups was on her way by helicopter to Milton S. Hershey Medical Center, and her parents were asked to answer some questions at the police station.

“I was confronted with the allegation of being an abuser to my child,” Billups said. “I was totally shocked.”

During her cross examination, Sulcove asked Billups how much time had passed between the moment he first became aware the baby was not well and when Rosario get home from work. He said it was between two and three minutes.

Sulcove pointed out that in his taped interview with a police detective, Billups said the baby first began to cry around 4 p.m. and according to testimony Rosario didn’t arrive till about 5 p.m.

Billups said that on the day of the interview, he had been mistaken. “I can’t be exact on timeframes,” he said.

According to testimony, Billups called 911 after Rosario came home, right before they decided to drive the baby to the hospital themselves. Sulcove asked why he hadn’t called for help sooner.

“To be honest with you, if I could go back, I probably would have,” he said.

Late in his testimony, Billups spoke about his role as a parent and became emotional, raising his voice and directly addressing the jury while apparently fighting back tears.

“I dedicate my time to my children 150 percent,” he said. “My hobbies are my kids.”

He talked about teaching his older daughter using flash cards and carefully braiding her hair with pieces of a bandana for Independence Day. “You have no idea,” he told the jury. As a “stay-at-home dad,” he was responsible for both children throughout every weekday.

As Billups was speaking several people sitting in the courtroom gallery, including his mother and Rosario, began to cry. A male family member got up and left the courtroom, apparently distraught.

“I was mommy and daddy,” Billups repeated several times from the stand, adding that his tears were “not a stunt.”

After both attorneys had finished asking their questions, Judge Myers told the jury that Billups was convicted of robbery in the state of New York in 2001. He said the information was only to be used the weigh the truthfulness of the man’s testimony.

Billups could be heard sobbing as the judge was giving the instructions. He left the witness stand with a tissue in his hand.

Rosario also testified Wednesday afternoon, telling the jury that she remains supportive of Billups. She recalled the day she came home from work to find her baby breathing irregularly and crying out in pain, then the devastating news from a doctor after he saw the child’s CT scan.

“He told me that she had bleeding in her brain, and he said there was no chance of her making it,” she said.

Billups is charged with aggravated assault and endangering the welfare of a child. His defense team contends that the infant’s brain bleeding and other problems were the result of a rare disorder called cerebral venous thrombosis.

The defense also argues that the discovery of 16 older rib fractures can be explained by the baby’s Vitamin D deficiency. Rosario testified that she has been tested twice, and both times they indicated her own body is significantly low in Vitamin D.

“So, she’s got a Vitamin D deficiency problem and she has thrombosis?” Sulcove asked Rosario during cross examination.

“She can. I’m not a doctor,” the mother answered.

Earlier in the day, a juror was apparently dismissed from the proceedings for having a brief conversation with someone on the witness stand.

The defense’s first witness, Dr. Julie Mack, a radiologist at Milton S. Hershey Medical Center was testifying when the incident happened. Judge Shawn Myers and the attorneys for both sides were having a sidebar conference when Mack spoke with the juror.

Myers told the doctor that any interaction between a witness and members of the jury is forbidden, however innocent her intentions may have been. During a short recess, he questioned her about the nature of the conversation.

She said that the juror seemed to have an issue with her knee, so she asked if it was sciatica. The juror replied that she had loose bone fragments in her knee, according to Mack’s testimony. The doctor said she had never testified in a criminal trial before, and was unfamiliar with all the protocol.

During the recess, Sulcove and both attorneys representing Billups met with the judge in chambers. Shortly after, everyone seated in the courtroom viewing gallery was asked to step into the hall.

The juror who spoke with Mack was seen leaving the courtroom carrying her coat. When the trial resumed, one of the two alternate jurors had taken the former juror’s place. The jury is still composed of eight women and four men.

Mack testified for the defense, telling the jury that the baby’s brain bleeding and retinal hemorrhages could be explained by thrombosis instead of abusive trauma.

The trial was adjourned for the day shortly before 5 p.m. It is expected to resume today with the defense calling its next witness at 9 a.m.

Billups found not guilty of shaking infant daughter

CHAMBERSBURG, Friday , Dec. 17 – A man accused of shaking his infant daughter was set free Friday after a jury found him not guilty of aggravated assault and endangering the welfare of a child.

Jamel Lee Billups, 32, Chambersburg, mouthed a thank you to jurors after the verdict was read.

“I’m very happy,” said Jacqueline Rosario, mother of the child. “He gets to come home to his kids.”

Defense Attorney Mark Freeman argued that Billups was accused because of a medical misdiagnosis of the condition of his daughter, Leiana. His case relied on complex testimony from a medical expert and recent medical research.

Defense witness Dr. Patrick Barnes, a pediatric neuroradiologist at Stanford University, testified that Leiana suffered brain damage a year ago from health conditions that mimic child abuse.

Franklin County Assisitant District Attorney Lauren Sulcove told jurors in her closing argument that the “constellation of injuries” had no other explanation than child abuse.

The jury deliberated for two hours.

Chambersburg father acquitted of child abuse charges

A Chambersburg man was acquitted Friday of charges that he shook his 3-month-old daughter.

Jamel Lee Billups, 32, Chambersburg, mouthed a “thank you” to jurors after the verdict was read, and untucked the shirttail of his blue dress shirt.

“Thank you,” he said quietly, looking upwards.

“I’m very happy,” said Jacqueline Rosario, mother of the child Leiana, now 18-months-old. “He gets to come home to his kids. We’ll be a family for the weekend. He hasn’t seen them in 14 months.”

The couple also has a 3-year-old daughter.

After hearing six days of medical testimony in Franklin County Court, the jury deliberated for two hours during lunchtime on Friday and had enough reasonable doubt they found Billups not guilty of aggravated assault and endangering the welfare of a child.

Billups has maintained his innocence from the beginning, according to Rosario and Defense Attorney Christopher Basner of Newport.

Billups’ defense relied on complex testimony from a medical expert and recent medical research.

Defense witness Dr. Patrick Barnes, a pediatric neuroradiologist at Stanford University, testified that Leiana suffered brain damage from health conditions that mimic child abuse.

Leiana’s doctors said that her “constellation of injuries” had no other explanation than child abuse, according to Franklin County Assistant District Attorney Lauren Sulcove. In her closing argument she singled out injuries to ligaments at the back of the child’s

neck and swelling at the back of her head.

“You’ve heard the old saying: If it walks like a duck, looks like a duck and swims like a duck, it must be a duck,’” Sulcove addressed the jury. “It’s your job to call it what it is.”

Sulcove maintained that Billups’ testimony was not credible.

“He changes the facts every time he testifies,” she said. “There’s a bit of truth in every lie. You have to listen carefully.”

Sulcove said Billups’ prior conviction for robbery in New York nine years ago is evidence of his deception.

Judge Shawn Meyers instructed the jury that Billups’ conviction must be used only to judge his credibility and not his innocence or guilt.

“There was a tragedy that happened on Oct. 19(, 2009); a young child suffered a stroke,” said defense attorney Mark Freeman of West Conshohocken.

The girl’s brain damage resulted from a rare disorder known as cerebral venous thrombosis, according to defense witnesses. The 16 fractures to her front ribs were the result of a likely deficiency of vitamin D at her birth. A severe lack of the vitamin is linked to congenital rickets, or fragile bones.

Investigators “had the blinders on” after seeing her condition, Freeman told the jury. They failed to follow up on low levels of Protein S, an indication of venous thrombosis. There were no signs of external trauma, classic signs of shaken baby syndrome.

“Sometimes you see what you’re looking for,” Freeman said. “The entire case is based on the presumption of trauma.”

Sulcove countered: Leiana is “the one time on the planet” where venous thrombosis and bone fragility have come together. Abused children do not always have visual injuries.

Leiana, as of her last test in May could not see, will have difficulty walking and may be mentally retarded, Sulcove said.

Freeman, who specializes in elder law, appeared in his first criminal trial. Freeman said he previously researched false child abuse.

“A personal friend had almost the identical thing happen to him,” Freeman said after the trial. “Child abuse is a horrible thing. Charging parents is a pretty horrible thing too. The real tragedy is they didn’t have any defense at the dependency hearing.”

But when Franklin County Children and Youth Department heard about Billups’ defense expert Barnes, they quickly returned the two girls to Rosario, Freeman said.

Comm. V. Jamel Billups – Media Reports

http://www.publicopiniononline.com/ci_16852338

http://www.publicopiniononline.com/ci_16855501

http://www.publicopiniononline.com/ci_16861375

http://www.publicopiniononline.com/ci_16861829

http://www.publicopiniononline.com/ci_16870637

http://www.publicopiniononline.com/ci_16884235

http://www.publicopiniononline.com/ci_16889671

Hart to Heart: Shaken baby: Parents share story to help others

December 19, 2010

By Anne Hart

The Chatham County parents of a 10-month-old baby boy fully understand that shaken baby syndrome is a real and dangerous public health problem.

They in no way want to downplay the fact that shaking an infant can cause severe and irreparable damage to a child.

What they do want people to realize is that sometimes a baby showing some signs of shaken baby syndrome may be suffering from a different, unrelated medical condition, one that does not involve abuse.

They believe this because that’s what happened to them.

The parents are sharing their story as a cautionary tale. They say there’s a need for closer scrutiny when making such a harsh diagnosis as shaken baby syndrome.

Their names are being withheld to protect the privacy of their son.

The parents say that earlier this year, their only child – the child they call their “miracle baby” because they had tried for a year and half to conceive – was misdiagnosed with shaken baby syndrome.

This commenced a nightmare that included temporarily losing custody of their then 5-month-old son for 56 days and spending roughly $60,000 in the legal battle to regain custody.

The case was eventually dismissed, and the baby was returned to his parents.

“There is abuse of children out there,” said the baby’s father. “But we are not that family.”

Their son turned out to be suffering from chronic subdural hematomas, which they say is a possible complication of being born one-month premature. The baby weighed 3 pounds, 4 ounces at birth and spent a month in the neonatal intensive care unit.

Today, the baby is doing well. His parents take him regularly to Atlanta to be treated for the hematomas.

The parents are also dealing with the emotional and financial fallout caused by the case and worry about other children being misdiagnosed with shaken baby syndrome.

Protecting babies

About 1,500 babies younger than age 2 in the United States are diagnosed with shaken baby syndrome each year, according to MedicineNet.com.

Since the early 1990s, many hundreds of people have been imprisoned on suspicion of murder by shaking.

But according to media reports, there is some question regarding the science behind diagnosing SBS.

According to a Sept. 20 New York Times Op-Ed: “For the past 30 years, doctors have diagnosed the syndrome on the basis of three key symptoms known as the “triad:” retinal hemorrhages, bleeding around the brain and brain swelling. The presence of these three signs (and sometimes just one or two of them) has long been assumed to establish beyond a reasonable doubt that the person who was last taking care of the baby shook him so forcefully as to fatally injure his brain. But closer scrutiny of the body of research that is said to support the diagnosis of shaken baby syndrome has revealed methodological shortcomings. Scientists are now willing to accept that the symptoms once equated with shaking can be caused in other ways.”

Pediatric neurosurgeon Dr. David M. Wrubel of Children’s Healthcare of Atlanta sees about 50 babies a month, if not more, who show the signs of shaken baby syndrome. He said it’s rare that the cases turn out to be something else.

“Unfortunately, with the majority of cases, it’s shaken baby syndrome or some other type of abuse,” Wrubel said. “There are always the unusual cases, such as chronic subdurals. That does happen, but not frequently.”

Wrubel is now treating the Chatham County child for the hematomas. Neither Wrubel or Children’s Healthcare of Atlanta were involved in the initial treatment.

Wrubel said the system is set up to make sure the child is protected. He said it’s a tough situation because the parents or caregivers are considered guilty until proven innocent to protect the safety of the child.

“There’s not an epidemic (of misdiagnosed shaken baby syndrome cases),” Wrubel said. “But unfortunately, sometimes innocent people get swept up in the process to protect the safety of the child.”

Contact Anne Hart at anne@southernmamas.com.

Source:

http://savannahnow.com/accent/2010-12-19/hart-heart-shaken-baby-parents-share-story-help-others

What kind of genetic liver disease can cause the same symptoms as shaken baby syndrome?

Posted on December 20th, 2010 in Daily Nutrients

 

What kind of genetic liver disease can cause abnormal bleeding and bruises? Especially in infants?


Any liver disease can cause a symptom such as shaken baby syndrome.

When the liver cells become damaged, the immune system of the body
responds to this damage and causes inflammation inside the liver,
which causes the liver to enlarge in size. If the cause cannot be stopped,
it will proceed to where the liver cells start to die off and form scar
tissue inside the liver. The scar tissue then blocks the flow of
blood through the liver on its way back to the heart and also blocks
the flow of the blood to the other liver cells, so they continue to die off.
This is known as Cirrhosis of the liver.

People who have less liver functions can develop, what is known as
Encephalopathy. This is because the liver isn’t able to convert
ammonia, which is a product that is produced when our body uses
protein, into urea so that it will be removed from the body in the urine.
The ammonia can pass the blood brain barrier and go into the brain.
It cause confusion, disorientation, sleep pattern changes, and tremors.

Because the liver cells have died off, then the liver may not be able
to make clotting factors, efficiently, that help the blood to clot.
This can cause easy bruising and bleeding.

Genetic liver diseases:
Hemachromatosis…where the body tends to hold onto too much iron
Wilson disease…where the body tends to hold onto too much copper
Alpha1-antitrypsin deficiency where is the absence of this specific enzyme in the liver
Glycogen storage disease where there is an inability to properly utilize sugar
Biliary problems like BILIARY ATRESIA were the bile ducts are absent or injured,
congentital biliary cysts.
Phenylketonuria where the baby is born without the ability to properly break down
this amino acid.
Crigler Najjar syndrome where the liver cannot process bilirubin
And other inherited disorders where there is interferance with the way the liver
produces, processes and stores enzymes, proteins, metals and other substances.

It is best that the patient be with either a gastroenterologist (deals with the
entire digestive system or hepatologist (liver specialist).

Source:

http://mydailynutrients.com/nutrients/what-kind-of-genetic-liver-disease-can-cause-the-same-symptoms-as-shaken-baby-syndrom/

Unexplained Bruising: Weighing the Pros and Cons of Possible Causes

By JAMI REAVES

Dermatologist in private practice in Arizona

GREGORY WALLACE—Series Editor

Hospitalist at Cincinnati Children’s Hospital and Medical Center in Cincinnati and a staff physician at the Northern Kentucky Advocacy Center in Bellevue, Ky.

June 8, 2010

DISCUSSION

Because the history and presentation were concerning for physical abuse, the child abuse team was consulted in the ED.

Studies to include in a workup for suspected child abuse. A skeletal survey and head CT were obtained; neither showed evidence of abuse. Pediatric ophthalmology was consulted: no retinal hemorrhages were identified. Note that a skeletal survey, head CT scan, and pediatric ophthalmology consultation are all justified in any child younger than 24 months who has unexplained injuries.1

Laboratory studies included in a workup for unexplained bruising. Laboratory studies in the ED revealed a white blood cell count of 17,100/μL; hemoglobin level, 8.1 g/dL; hematocrit, 26.3%; reticulocyte count, 1.9% (normal, 0.5% to 1.9%); and platelet count, 541,000/μL. Prothrombin time (PT) was greater than 120 seconds (normal, 10.1 to 13.6 seconds); fibrinogen level was 565 mg/dL (normal, 200 to 400 mg/dL); thrombin time was 12.3 seconds (normal, 14.2 to 21.3 seconds); and partial thromboplastin time (PTT) was greater than 120 seconds (normal, 26.4 to 35.9 seconds). Results of urinalysis were normal. γ-Glutamyltransferase level was 86 U/L (normal, 6 to 19 U/L); alkaline phosphatase level was 511 U/L (normal, 145 to 320 U/L); and total protein level was 5.3 g/dL (normal, 5.4 to 7.0 g/dL). Total iron-binding capacity was 188 μg/dL (normal, 215 to 450 μg/dL). Results of other liver and renal function tests were normal for the child’s age. A chest radiograph showed opacity in the upper lobe of the right lung compatible with atelectasis, although pneumonia could not be definitively excluded.

The child was admitted to the hospital for further diagnostic testing and treatment. Hematology was consulted for workup of the elevated PT, PTT, and fibrinogen level. Treatment with tobramycin and cefipime was started for presumed pneumonia until further workup could be completed. On the second day of his hospital stay, after initial screening tests and storage of additional blood, the child was treated with vitamin K.

Differential diagnosis of abnormal clotting in an infant. Any malabsorptive disorder that affects vitamin K absorption could have been the cause of this patient’s symptoms and laboratory abnormalities. The complete differential diagnosis included celiac disease, α1-antitrypsin deficiency, hepatitis, abetalipoproteinemia, warfarin exposure, and biliary atresia.2 Factors II, VII, IX, and X are vitamin K–dependent, but the liver produces virtually all clotting factors. Here, however, other liver diseases did not need to be considered because of the high fibrinogen level and normal liver function test results. Vitamin K absorption can also be affected by altered bacterial colonization resulting from antibiotic use. Young children are particularly sensitive to vitamin K malabsorption disorders because very little vitamin K is transferred across the placenta and the reserves are thus very small. The most plentiful source of vitamin K in children’s diets is commercial formula; breast milk is a very poor source. The absorption of vitamin K is dependent on intact biliary and pancreatic function. A small amount will be synthesized by normal gut flora.

On the basis of the history and laboratory test results, hemorrhagic disease of the neonate and CF figured prominently in this patient’s differential diagnosis.

Outcome of this case. Results of sweat chloride testing were positive, with an initial value of 84 mEq/L (normal, less than 60 mEq/L) and a second value of 92 mEq/L on hospital day 2. Serum levels of fat-soluble vitamins were obtained: the vitamin A level was less than 140 μg/dL (normal, 140 to 520 μg/dL), and the vitamin D level was 5 pg/mL (normal, 9 to 46 pg/mL). Results of lung/bronchoscopy cultures were returned on day 3 and were positive for β-lactamase–producing Haemophilus influenzae. Coagulation factors had all normalized within 48 hours, after 2 doses of vitamin K.

Answer:
The bruises were the result of cystic fibrosis presenting as a coagulation disorder.
Source:

http://www.consultantlive.com/pediatrics/content/article/10162/1583642

The Key Points
This infant’s case illuminates 2 key points:

In an effort not to make unfounded allegations and yet protect innocent children, physicians dealing with abuse and neglect should do broad screening tests in an attempt to exclude rare underlying organic diseases. Thus, a coagulation evaluation is warranted in any child with significant, unexplained bruising.
Although it happens infrequently, cystic fibrosis (CF) can present as a bleeding disorder. Thus, while a rare occurrence, CF can mimic child abuse.3-5

Franklin County jury may get case alleging shaken baby today

Dr. Patrick Barnes Testifies In Alleged Shaken Baby Case.

 

 

By JIM TUTTLE Staff writer

FRANKLIN COUNTY — After hearing from doctors about her brain injuries for nearly a week, a Franklin County jury saw a smiling and squealing Leiana Billups in person on Thursday.

Now nearly 18 months old, the apparently content little girl was carried into Judge Shawn Meyers’ courtroom by her mother, Jacqueline Rosario, during the afternoon trial session.

Most of the jurors smiled widely at the small child, who was allegedly shaken by her father when she was 3 months old.

Both sides have now presented their evidence, and only closing arguments remain before the jury will be sent to deliberate whether Jamel Lee Billups was responsible for his daughter’s permanent brain damage.

The trial was expected to resume at 8:30 a.m. today, beginning with the defense’s closing arguments. Meyers told the jury that he will instruct them to begin deliberating after both sides have finished, probably by lunchtime.

Billups, 32, Chambersburg, is charged with aggravated assault and endangering the welfare of a child. He denies ever physically harming his daughter.

A doctor in California told the jury via teleconference Thursday he believes the baby suffered from a combination of health conditions that “mimic child abuse.” Defense witness Dr. Patrick Barnes, a pediatric neuroradiologist at the Lucile Packard Children’s Hospital at Stanford University, appeared live on a television in front of the jury box.

Having reviewed Leiana’s medical history and test results,


Barnes said he concluded the blood on her brain and retinal bleeding were the result of a stroke-causing disorder called cerebral venous thrombosis.

According to previous testimony by other doctors, CVT is a rare disorder not known to cause the type of brain bleeding or the retinal bleeding seen in Leiana. But Barnes said recent advances in medical technology and research show this is not true.

During her cross-examination, Assistant District Attorney Lauren Sulcove asked Barnes if he would agree that CVT is very rare.

“Ten years ago, I would have agreed with that. Now I would not agree,” he said. “It is much more common than we thought, especially in infants.”

Expert witnesses for both sides have testified that Leiana has tested deficient for an anti-clotting agent called “protein S.” Barnes testified that lack of the protein is linked to the appearance of CVT.

Barnes’ testimony also addressed the appearance of 16 rib fractures found in X-rays taken when the girl was 3 months old.

Doctors testifying for the prosecution said an X-ray taken when she was 11 days old showed no fractures, proving the injuries had occurred thereafter. The healing fractures were estimated at between four and eight weeks old.

A vitamin D deficiency found in Leiana’s mother indicates that the baby was likely deficient when she was born, Barnes said. A severe lack of the vitamin has been linked to a “bone fragility disorder” called congenital rickets.

Barnes testified that the fractures may have actually occurred during Leiana’s birth, but were too small to appear in a standard X-ray when she was only days old. He also pointed out that the fractures were in the front portion of the baby’s ribs, not in the back as normally occurs in incidents of “shaken baby syndrome.”

Sulcove asked Barnes if he was aware of any other case where a baby was diagnosed with CVT and a bone fragility disorder in conjunction with the same type of brain and retinal bleeding as Leiana.

“Not as of yet, that I know of,” he said.

Asked how many times this year he had testified in a child abuse trial on behalf of the defense, Barnes said it had been “at least once a month.”

Sulcove pointed out that a number of doctors who had helped treat the baby all determined the cause of her problems to be child abuse.

“So they’re wrong and you’re right, even though you never met Leiana Billups?” she asked him.

“That is correct,” Barnes said.

His testimony lasted all morning, and Meyers called a lunch recess shortly after noon. When the trial reconvened, the jury was introduced to Leiana.

According to testimony Wednesday, Leiana and her toddler-age older sister have both been living at home with their mother since February 2010.

After the baby’s appearance, Chambersburg Police Detective Sgt. Dianne Kelso, who testified Monday, was called back to the witness stand to provide a rebuttal to statements made by Billups and Rosario during their testimonies Wednesday.

Both had told the jury that Leiana’s older sister, then 2 years old, was taken from them at Chambersburg Hospital on Oct. 19, 2009. They said they went to the police station that evening under the impression that they would get their older daughter back.

Kelso testified Thursday that she spoke with the couple at the hospital, telling them that the child had been taken as a matter of standard protocol and that it would not be up to police to return her.

After Kelso stepped down, Billups and Rosario were called back to the stand by the defense. Both said they were told that they would get the girl back after they gave a statement to police. Billups said he was “coerced.”

During cross-examination, Sulcove asked him if he was otherwise reluctant to speak with police because he had “something to hide.” His response was heated.

“Are you serious? Are you serious? No is the answer,” Billups said.

Before he adjourned court shortly before 3 p.m., Meyers instructed the jury to hold off on making any decisions about the case and to refrain from researching any of the complex medical information that had been presented.

“You need to continue to honor your oath,” he said.

 

Source:

http://www.publicopiniononline.com/localnews/ci_16880785

Defense expert: CPR caused dead infant’s fractures

The Daily News

Published December 16, 2010LEAGUE CITY — After reviewing evidence that prompted the state to accuse a father of killing his only son, a defense expert testified Wednesday the fractures and bruises occurred after the infant died.

During seven days of testimony, prosecutors and defense attorneys have disagreed whether cardiopulmonary resuscitation could have caused 14 rib and spine fractures, bruising, hemorrhages, abrasions and blood in the boy’s abdomen.

Jose Isaias Herrera, 20, was charged with injury to a child causing serious bodily injury, stemming from the Oct. 27, 2008, death of 6-week-old Jose Herrera Jr.

The boy, called Baby Jose at trial, was found dead, face down in a crib in his parents’ League City town home.

Evidence revealed Herrera, who has yet to testify, performed CPR on the child’s body after it was cold and rigor mortis had begun.

Prosecutors called three medical examiners, two from Galveston County and another from Bexar County, who all testified the child was alive when the injuries occurred.

They didn’t all agree about whether the child had been shaken or whether the cause of death was blunt-force trauma.

Dr. Thomas Young, a former medical examiner in Kansas City, Mo., used some of the same evidence presented at trial, autopsy photographs and specimen slides, to form his opinion.

Evidence Of Healing?

The state’s experts testified they found evidence of healing, including in a rib that was broken possibly two weeks before death.

The state also showed the jury photographs of blood around the fractured spine and ribs as evidence of blood flow when the injuries were inflicted.

Young disagreed, saying cardiopulmonary resuscitation caused the fractures and the movement of a small amount of blood behind the skin and in the child’s eyes. This could have been confused with tissue hemorrhage, he said.

“Hemorrhagic lividity is not trauma,” Young said. “This is something that happens after death.”

Young agreed with Galveston County Chief Medical Examiner, Dr. Stephen Pustilnik, that the child didn’t die from shaken baby syndrome.

Galveston County Deputy Medical Examiner Nobby C. Mambo, who did most of the autopsy, told the jury in Judge Lonnie Cox’s 56th District Court in Galveston on Tuesday that he believed the child had been shaken violently.

Blood Settled After Death

Blood in the boy’s eyes also was hemorrhagic lividity — blood settled after death, Young said.

“Due to the effect of gravity on blood and blood cells after death, they settle so much in some areas,” Young said. “Blood vessels are engorged and leak a little bit, then you get these areas that look like hemorrhage.”

In cardiopulmonary resuscitation after death, the oozing of blood is expected, Young said.

Young said he would expected more blood loss had the child been alive when the injuries occurred.

Mambo reported finding about 10 percent of the boy’s blood in the abdomen and nine grams of blood clot.

“If you have injuries sufficient to break blood vessels in the abdomen, yet only a small amount of blood-volume loss, that’s consistent with postmortem and CPR,” Young said.

Young said he would have ruled the child’s death a case of Sudden Infant Death Syndrome. He said he would have listed the death as undetermined.

Bexar County Medical Examiner Randall E. Frost, who testified for the state, said he also would have listed the death as undetermined.

Defendant Had Temper?

Herrera’s mother, Irasena Herrera, testified Wednesday. She was the first defense witnesses called after the state rested late Tuesday afternoon.

Prosecutors portrayed the defendant as a hot-tempered man who didn’t believe the baby was his and who didn’t show enough remorse about the baby’s death.

Irasena Herrera testified she and her husband once each had to call police to their home after “discussions” with him.

Irasena Herrera, who came to Texas 15 years ago from Mexico, said she knew her son was devastated by losing his only son. He was quiet, “suffering in silence,” she said.

Herrera was very sad at the funeral, she said.

“There was no consoling him,” Irasena Herrera testified.

Prosecutor Donna Goode asked Herrera about recorded jail conversations with her son.

“You remember saying to your son, ‘Nobody saw you do anything?’” Goode asked. “You were trying to come up with somebody to blame for those injuries?”

No, Herrera said.

Testimony was expected to resume today. Herrera also is expected to testify during the trial, defense attorney Jeth Jones said.

Source:

http://galvestondailynews.com/story/198282

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