Preliminary Hearing was Today-Just Not Sure About Our Justice System

[momx2]

I guess what is bothering me is that she confessed to shaking Hannah and said what she actually did: grabbed her around the chest and shook. Yet, yesterday she pleads NOT GUILTY!!

She had to plead not guilty. A judge probably wouldn't have accepted a guilty plea at a preliminary hearing even if she wanted to, unless there was some deal already cut with the prosecutor and still it would probably wait to get to the felony court level (called Circuit court in KY, not sure about where this is). I'm a public defender and have had clients actually just want to plead guilty at arraignment or prelim. or pretrial without any type of deal and the judge will tell them they can't. I mean I guess legally they could, but it just doesn't happen that way. The media always gets this messed up, they say the same thing about not believing this person plead not guilty to a murder at arraignment, like its a big shock or something.

Anyway, little Hannah is in my prayers. I can tell you this, that in my 11+ years of being a public defender, I can say that almost certainly justice will be served. But I have to agree with another poster that shaken baby syndrome is now not as believed as it used to be. The ex-head medical examiner in KY was a believer for his entire career. Now he is retired and testifying that it may not be so and he has changed his mind. I also know other M.E.s around the nation that believe the same, so that could pose a problem for conviction. But she did admit to the action that caused the injury, so she will more than likely be held responsible for the consequences of that action, IMHO.

 

[disneylizzy]

Please God, let justice be done for this little baby. My heart breaks.

 

[NCRedding]

The first appearance isn't any indication of guilt or innocence. Everyone (or everyone with decent representation) pleads not guilty in the initial phase of the trial, to preserve all issues for trial. Even if the crime was seen by 25 witnesses, thedefendant still pleads not guilty.

I understand your frustration with the system, but you need to be prepared for a long time--this is not something that will be over and done with in a short time. Court cases move very slowly.

As an attorney, it alwasy bothers me when people equate representing criminals with being "a bad person" . Granted, I know some criminal defense attorneys who are slimeballs, but I know far more who are decent, ethical individuals who seek to uphold the constitution. We all have rights, and it is the attorneys job to make sure those rights are protected. Also, would you be angry at her pastor for going to speak with her? Would you be angry with a doctor for treating her? The attorney is doing his job--there are many reasons for taking cases--not just money.

I am sorry that this happened in your family. I am praying for little Hannah.

 

[ugadog99]

Thank you for helping me understand the process. I just hope that when all is said and done, this woman will have to pay for the horrible crime she committed.

On a side note, one of my dearest friends is an attorney and he is wonderful, caring, and a great lawyer. All attorneys aren't about the money and I know that. However, I have had personal dealings with this particular attorney. I feel confident in my belief that it is about money in this case. That is what upsets me.

 

[Chicago526]

My impresion of the recent reports about SBS isn't that it doesn't exist, but that it doesn't always explain the cause the head trauma. There have been several cases where the medical evidence from SBS and a normal fell-and-bumped-his-head looked identicle. The ME swore on a stack that the baby was shook, but there were 5 witnesses saying the baby fell, that kind of thing.

Now, in this case, it sounds like the woman admited to shaking the baby, so the cause of injuries are clear cut. I really hope justice is served here.

 

[mickeyboat]

Prayers said for baby Hannah. I do believe justice will be served.

Denae

 

[Hillbeans]

I also missed this thread when it started, but i'm just catching up now and I am completely horrified at SBS. Someone who has been working with babies/toddlers for so many years HAS TO KNOW what a horrible thing it is to shake a baby. My thoughts and prayers are with the family and little Hannah. May she make a full recovery and may this woman pay for her actions.

 

[ugadog99]

I do have an update on Hannah. I am posting it on the other thread since this one was more about the legal issues.

Melanie