It can be difficult providing proof to prosecute the perpetrator in court for the attorney representing the victim even though it may be apparent that the child has been abused. If the child is an infant, or worse, did not survive the abuse, there are often no witnesses to the crime that can testify. In those cases, the juries must rely on expert testimony and circumstantial evidence.
Partial Acquittal For Murder Of Corduray, Jr
In the case of 3-month old Corduray Scott, Jr., his death was only partially vindicated. His father, Corduray Scott Sr. received a life sentence for his horrific murder but was acquitted of the charge of killing his son with malice.
The jury has to take into consideration two opposing testimonies from doctors from the prosecution and the defense. The only witnesses to the crime were the defendant and his dead son. The infant has several broken ribs, a skull fracture, a lacerated liver and blood in his lungs that pointed to smothering. Despite the physical evidence, the jury still was unable to convict on the malice issue. Fortunately, they still did find the father guilty of murder, despite his pleas that it was an accident.
Prosecuting Child Care Providers for Abusive Acts on Their Watch
As hard as it may be to prove child abuse at the hands of a parent, it can be even more difficult with a care provider. There has be proof that injuries happened when the child was in their care and, unless it is an obvious case, it can be tricky at best.
Baby Hall did not even get the vindication that Corduray Jr. received. Her accused abuser has to be retried after the jury was deadlocked after 11 hours of deliberation. Teaira Michele Hall was 22-months old when she died in November of 2009. Although it is not disputed that she died from a head injury, the jury could not decide whether her babysitter, the accused Lawanda Concettes Tripp, was at fault. Although the baby died in her care, they could not decipher whether Tripp inflicted the injuries that caused her death. A new trial is scheduled to start in the fall of 2012.
Although it can be difficult to prosecute childcare providers, it is possible. The best advice is report any signs of abuse as soon as they happen and document any unusual behavior or physical signs of trauma. This is of little comfort to parents who have lost a child, but making sure an abuser is not able to hurt other children is important as well.
Attorneys Prosecuting Child Abuse Cases Involving Caregivers
As a parent suspecting the abuse of a child is a heartbreaking issue to confront. Determining how to handle the situation can be an especially difficult decision in light of the implications. Attorneys who are well versed in prosecuting situations involving physical and sexual abuse of children can help navigate these treacherous waters. Rosenfeld Injury Lawyers is fully committed to providing the best possible legal representation for your circumstance and always seeks to to so with the utmost discretion.