BROOKLYN UPTON - 3 yo - Goshen TWP, Clermont Cty OH

Tom, they're making such an issue about "accidental" v murder that I've stuck it here in the meantime until after the GJ. It's PC rubbish IMO but poses a problem. I know that this case is absolutely no different than any of the others. It's just how the law runs in their town. That's my problem. Please move it if you want.

BATAVIA TWP. - A Clermont County man has been charged in
the January death of a 3-year-old Goshen Township girl, who was the
daughter of his girlfriend.Samuel L. Johnson, 32, of Plum Street
in Owensville was arrested by Goshen police last night and arraigned in
Municipal Court this morning on a charge of involuntary manslaughter.
Magistrate Robert Lamb ordered that Johnson be held at the Clermont County Jail without bail, according to court records.He
faces up to 10 years in prison if found guilty in the death of Brooklyn
Upton at her home, but more charges could be filed against Johnson
after evidence is presented to a grand jury next week, Assistant
Prosecutor Daniel "Woody" Breyer said."I've been told by investigators he's the boyfriend," Breyer said. "He was at the home the night the child died."The
charges that were filed do not allege that he intended to kill the
child," Breyer said. "They allege that he assaulted the child in such a
way that the child died."If it can be proved Johnson intended to kill the girl, he could be charged with murder.An autopsy report hasn't been finalized, and Breyer declined to speculate on how Brooklyn died.However,
an investigator with the county coroner's office has shared his
suspicions. Johnson "gave his version of what happened, and that fits
with the physical evidence," Breyer said.The child's mother, Erin
Nicole Pappas, 30, is being held at the jail in lieu of $50,000 bail on
six drug-related charges, including trafficking in heroin. She has
pleaded not guilty.Pappas was arrested on a charge of child
endangering after her daughter was found dead in their mobile home, but
that charge has been dropped, according to records.Pappas was not accused of causing her child's death at their residence at Lakeshore Estates Mobile Home Park on Ohio 28.Pappas
called 911 at 2:02 p.m. Jan. 27 and told a dispatcher: "My daughter did
not wake up. And I went to check on her, and she's ... blue. She's not
breathing."The mother told the 911 dispatcher that the child was face down on a pillow and cold and stiff when she found her.Pappas
faces up to nine years in prison if found guilty of the drug charges.
She also faces five charges of illegal use of food stamps, for which
bail was set at $25,000.A single mother, Pappas also has a
12-year-old child. The father of Brooklyn was in the Municipal
Courthouse when Pappas was arraigned, but he declined to comment.
http://news.cincinnati.com/article/20110218/NEWS010702/102190317/1196/SPT0102/Man-charged-death-girl-3?odyssey=nav|head

Child + Criminal Acts from another = Death = Murder

A grand jury has indicted Samuel Johnson for murder in the death of three-year-old Brooklyn Upton.

The toddler died in her mother's Goshen Township home last month.
Johnson was also indicted on a number of drug charges.
Investigators are not saying how she died.
It's believed Johnson was dating the girl's mother, Erin Pappas. She's in jail on drug charges.
Prosecutors expect to re-file child endangering charges against her soon.

Johnson is in the Clermont County Jail on a one-million dollar bond.

http://www.local12.com/content/breaking_news/story/Man-Indicted-For-Murder-Of-Three-Year-Old/6qjG4UG42kSenCfhKkPsrw.cspx

Prosecutors: Man Smothered Child After Party

Goshen Toddler Found Dead Inside Trailer Home

2:18 pm EDT April 4, 2011


GOSHEN, Ohio -- A Goshen toddler was smothered to death after a party at her mother's home, prosecutors said.

Samuel Johnson, 32, was charged with murder in connection with the death of 3-year-old Brooklyn Upton.

The child was found dead inside a Goshen trailer she shared with her mother, Erin Pappas, and Johnson.

Authorities said the couple hosted a drug-fueled party Jan. 26, the night before the girl died.

Prosecutors did not describe how the girl was smothered, but investigators previously said that Johnson killed the girl during an act of violence while he was punishing her.

Johnson has been charged with one count of murder, one count of involuntary manslaughter, one count of endangering children, four counts of trafficking in drugs, two counts of trafficking in marijuana and one count of possession of heroin.

Pappas has been indicted on one count of endangering children, four counts of trafficking heroin, one count of possession of heroin and one count of permitting drug abuse.

A grand jury also indicted four other people, including Johnson's mother, on drug and other charges in connection with the party.