INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
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Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Sat 01 Oct 2011, 4:53 am
Joseph McElheny denies ADA Christa Book's claims during cross-examination
Published: Friday, September 30, 2011
TROY — Joseph McElheny, the Hoosick Falls man accused of killing his 4-month-old daughter, Ina, in May 2010, continued his testimony in his own defense under cross-examination Thursday, arguing with Assistant District Attorney Christa Book about statements he made to State Police investigators, among other details.
McElheny was terse and defensive as he responded to Book’s questions, telling her numerous times that testimony from a State Police investigator, who recounted his interview with McElheny the day Ina died, was either incomplete or incorrect. When Book asked him if he told police that he had previously squeezed Ina’s belly to get gas out, McElheny denied uttering those words.
Book also insinuated that McElheny did not get enough alone time or adult interaction, since he spent all day alone with Ina and had no close friends or family nearby, alluding to the potential frustration that might cause. McElheny said he enjoyed caring for his daughter, and in response to Book’s suggestion that the rapid changes of entering a relationship and becoming a father led to stress, said he was happy.
“Moving on in life and developing a family is what I strove for,” he said.
When Ina was just over 2 months old, she developed a stomach bug that manifested itself with vomiting, fever and lethargy. Book asked McElheny why he and Anders never called the family doctor, and he said he had talked to his mother, a registered nurse, about Ina’s symptoms and decided there was no need.
“I don’t think any of us were afraid of the symptoms,” McElheny said during redirect. “Children get sick. Her symptoms didn’t really seem severe.”
Ina was killed by an infected abdominal cavity, caused by a ruptured bowel that investigators believe was the result of blunt force trauma. Her autopsy uncovered 18 broken bones, including 16 fractured ribs in various stages of healing and fractures in both her legs.
According to State Police testimony, McElheny had told them that he might sometimes be rougher than his then-girlfriend and Ina’s mother, Melinda Anders, with the baby. McElheny disputed that version, saying that he was trying to describe his and Anders’ different parenting styles, and that Melinda was “extremely gentle” with Ina and “wary.”
“I think I had more confidence,” he said. “ … Melinda certainly coddled Ina.”
At the end of her cross-examination, Book confronted McElheny with accusations about his alleged abuse.
“You watched Ina suffer all day on May 11,” she said. “You waited until Ina was no longer breathing until you called 911.”
“Prior to that, I didn’t believe there was a reason to call,” McElheny said.
“Ina was injured on May 11 under your care,” Book continued. “She was injured before that.”
McElheny flatly denied those claims.
Several of McElheny’s former co-workers took the stand Thursday afternoon, all offering up similar versions of previous testimony from other colleagues. Witnesses said McElheny frequently brought Ina into work, and appeared to be a proud father who was “very careful (with) the baby.”
Ina was “a perfect little child” and “happy as can be,” one witness said, and “she was really pleasant and didn’t fuss at all.”
McElheny’s sister, Susan Sherwood, also testified, and said that McElheny had set up a webcam with a live feed of Ina’s crib so that people could watch the baby online. Sherwood never met her niece, she said, but saw her once or twice a week through the webcam.
She spoke with her brother often during Ina’s life, she said, talking about their children and milestones in Ina’s development.
“He was very happy,” Sherwood recalled. “He loved to talk about being a parent, for hours and hours and hours.”
Sherwood also testified that she had inflammatory bowel disease, which previous medical expert witnesses have testified to being a hereditary condition, which has been linked to Vitamin D deficiency. Sherwood said she did suffer from a significant Vitamin D deficiency, which now requires her to take supplements.
Previous witnesses also claim that Ina had a Vitamin D deficiency which manifested into rickets, weakening her bones and making her more susceptible to fractures under normal handling. Under cross-examination from Assistant District Attorney Elizabeth Kennedy, Sherwood said she never suffered from fractures as a result of her deficiency.
Anders will take the stand this morning, and is expected to wrap up the defense’s testimony. Closing statements are tentatively slated for Monday. Judge Andrew Ceresia is presiding.
http://troyrecord.com/articles/2011/09/30/news/doc4e85564159e17906997460.txt?viewmode=fullstory
Published: Friday, September 30, 2011
TROY — Joseph McElheny, the Hoosick Falls man accused of killing his 4-month-old daughter, Ina, in May 2010, continued his testimony in his own defense under cross-examination Thursday, arguing with Assistant District Attorney Christa Book about statements he made to State Police investigators, among other details.
McElheny was terse and defensive as he responded to Book’s questions, telling her numerous times that testimony from a State Police investigator, who recounted his interview with McElheny the day Ina died, was either incomplete or incorrect. When Book asked him if he told police that he had previously squeezed Ina’s belly to get gas out, McElheny denied uttering those words.
Book also insinuated that McElheny did not get enough alone time or adult interaction, since he spent all day alone with Ina and had no close friends or family nearby, alluding to the potential frustration that might cause. McElheny said he enjoyed caring for his daughter, and in response to Book’s suggestion that the rapid changes of entering a relationship and becoming a father led to stress, said he was happy.
“Moving on in life and developing a family is what I strove for,” he said.
When Ina was just over 2 months old, she developed a stomach bug that manifested itself with vomiting, fever and lethargy. Book asked McElheny why he and Anders never called the family doctor, and he said he had talked to his mother, a registered nurse, about Ina’s symptoms and decided there was no need.
“I don’t think any of us were afraid of the symptoms,” McElheny said during redirect. “Children get sick. Her symptoms didn’t really seem severe.”
Ina was killed by an infected abdominal cavity, caused by a ruptured bowel that investigators believe was the result of blunt force trauma. Her autopsy uncovered 18 broken bones, including 16 fractured ribs in various stages of healing and fractures in both her legs.
According to State Police testimony, McElheny had told them that he might sometimes be rougher than his then-girlfriend and Ina’s mother, Melinda Anders, with the baby. McElheny disputed that version, saying that he was trying to describe his and Anders’ different parenting styles, and that Melinda was “extremely gentle” with Ina and “wary.”
“I think I had more confidence,” he said. “ … Melinda certainly coddled Ina.”
At the end of her cross-examination, Book confronted McElheny with accusations about his alleged abuse.
“You watched Ina suffer all day on May 11,” she said. “You waited until Ina was no longer breathing until you called 911.”
“Prior to that, I didn’t believe there was a reason to call,” McElheny said.
“Ina was injured on May 11 under your care,” Book continued. “She was injured before that.”
McElheny flatly denied those claims.
Several of McElheny’s former co-workers took the stand Thursday afternoon, all offering up similar versions of previous testimony from other colleagues. Witnesses said McElheny frequently brought Ina into work, and appeared to be a proud father who was “very careful (with) the baby.”
Ina was “a perfect little child” and “happy as can be,” one witness said, and “she was really pleasant and didn’t fuss at all.”
McElheny’s sister, Susan Sherwood, also testified, and said that McElheny had set up a webcam with a live feed of Ina’s crib so that people could watch the baby online. Sherwood never met her niece, she said, but saw her once or twice a week through the webcam.
She spoke with her brother often during Ina’s life, she said, talking about their children and milestones in Ina’s development.
“He was very happy,” Sherwood recalled. “He loved to talk about being a parent, for hours and hours and hours.”
Sherwood also testified that she had inflammatory bowel disease, which previous medical expert witnesses have testified to being a hereditary condition, which has been linked to Vitamin D deficiency. Sherwood said she did suffer from a significant Vitamin D deficiency, which now requires her to take supplements.
Previous witnesses also claim that Ina had a Vitamin D deficiency which manifested into rickets, weakening her bones and making her more susceptible to fractures under normal handling. Under cross-examination from Assistant District Attorney Elizabeth Kennedy, Sherwood said she never suffered from fractures as a result of her deficiency.
Anders will take the stand this morning, and is expected to wrap up the defense’s testimony. Closing statements are tentatively slated for Monday. Judge Andrew Ceresia is presiding.
http://troyrecord.com/articles/2011/09/30/news/doc4e85564159e17906997460.txt?viewmode=fullstory
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Sat 01 Oct 2011, 4:55 am
‘He enjoyed spending time with Ina more than anything’ Melinda Anders McElheny, baby’s mom, testifies
Published: Saturday, October 01, 2011
TROY — As the mother of his dead daughter recounted the final moments the couple had with their 4-month-old, Ina, defendant Joseph McElheny put his head in his hands and started to cry.
During testimony Friday, Melinda Anders McElheny gave her recollection of her entire whirlwind relationship with McElheny, the pregnancy which followed just one month after they officially started dating, the birth of their baby, the months of bonding with Ina, and the days leading up to the death of their daughter, who died from an infected abdominal cavity and whose autopsy found 18 broken bones and 16 fractured ribs.
A calm and matter-of-fact McElheny said that the defendant was “overjoyed” and “more excited than she expected” when they found out in April 2009 that she was pregnant. They had confessed they had feelings for one another in late 2008, but decided not to act on them. Their romantic relationship became official in March 2009, but they did not tell their co-workers, a tight-knit group, she explained.
She described the hospital delivery as “horrifying,” “terrifying” and being in “excruciating pain” since she was dilated, but the baby was not in the proper position. Her blood pressure during the procedure was also going “sky high,” she said, as the doctors tried a suction method to get the baby out and then resorted to literally cutting her, which worked albeit was very painful, and required at least two procedures to repair the damage.
McElheny remembered a nurse exclaiming about her baby, “My God, she’s huge,” as Ina was finally delivered.
The defendant smiled as McElheny also remembered the birth of their baby.
Little Ina, however, had some problems from the beginning. Her parents felt she was spitting up a lot not long after she was born and they put her on a liquid form of Zantac for a few weeks. Soon after, she seemed normal again and enjoyed going to McElheny’s workplace to be held by new people.
“She was a friendly baby when she was being held. She had a pleasant expression on her face,” she said.
Then McElheny said she noticed some discrepancies whenever Ina would get vaccination shots, since she didn’t seem like herself afterward. In March, not long after her monthly check up, she became gas-y, constipated, and would spit up more than usual. She also had less energy and napped more. They spoke with the defendant’s mother, a registered nurse, and eventually figured out that it was likely something she drank that did not quite sit well with her. And Ina went back to her normal self.
“Joe seemed like he enjoyed spending time with Ina more than anything,” she said.
As McElheny remembered Ina’s last doctor’s visit on May 6, 2010, she visibly started to become less composed, though it was a usual visit with more vaccinations. She then told the courtroom about May 10, the last full day Ina was alive.
The baby had an unusual bowel movement that morning. Then she remembered laying the baby in bed with Joe as she left for work, where she later found out that her pay at Staples might be changed from salary to hourly and she was worried about getting a pay cut. When she called the defendant that day, he was not as worried about it, she said.
McElheny said she felt uneasy, and hoped she had not exposed the baby to the flu, since she was “tired looking” and “clammy.” After just falling asleep around 12:30 a.m. on May 11, she was awoken by the defendant saying they would have to take Ina to the hospital. She recalled the baby’s belly already being rounded and that she saw the defendant shaking the baby and told him not to hold her like that.
As McElheny recalled giving her baby CPR with the defendant, she started to cry on the witness stand. Her baby, who looked almost dead in their home, was taken to the hospital where doctors told the couple, after some time of providing medical attention, that there was nothing they could do and that she would pass away.
It was at this point in questioning that the defendant also started to silently sob.
Judge Andrew Ceresia has granted a continuance for the trial on Tuesday morning so that the defense may call an expert radiologist from out of state to testify that Ina may have had fractured bones since birth. It is unclear if the expert will be able to make it on Tuesday but the testimony of Melinda Anders McElheny will continue Monday at 9:30 a.m.
Defense attorney Greg Cholakis also said he plans to introduce possibly hundreds of photos and videos to demonstrate that the family was not hiding anything with their baby and therefore was not abusing her. Ceresia and the prosecution made it clear that each photo would need a foundation as evidence.
http://troyrecord.com/articles/2011/10/01/news/doc4e86a6448cd98180062729.txt?viewmode=fullstory
Published: Saturday, October 01, 2011
TROY — As the mother of his dead daughter recounted the final moments the couple had with their 4-month-old, Ina, defendant Joseph McElheny put his head in his hands and started to cry.
During testimony Friday, Melinda Anders McElheny gave her recollection of her entire whirlwind relationship with McElheny, the pregnancy which followed just one month after they officially started dating, the birth of their baby, the months of bonding with Ina, and the days leading up to the death of their daughter, who died from an infected abdominal cavity and whose autopsy found 18 broken bones and 16 fractured ribs.
A calm and matter-of-fact McElheny said that the defendant was “overjoyed” and “more excited than she expected” when they found out in April 2009 that she was pregnant. They had confessed they had feelings for one another in late 2008, but decided not to act on them. Their romantic relationship became official in March 2009, but they did not tell their co-workers, a tight-knit group, she explained.
She described the hospital delivery as “horrifying,” “terrifying” and being in “excruciating pain” since she was dilated, but the baby was not in the proper position. Her blood pressure during the procedure was also going “sky high,” she said, as the doctors tried a suction method to get the baby out and then resorted to literally cutting her, which worked albeit was very painful, and required at least two procedures to repair the damage.
McElheny remembered a nurse exclaiming about her baby, “My God, she’s huge,” as Ina was finally delivered.
The defendant smiled as McElheny also remembered the birth of their baby.
Little Ina, however, had some problems from the beginning. Her parents felt she was spitting up a lot not long after she was born and they put her on a liquid form of Zantac for a few weeks. Soon after, she seemed normal again and enjoyed going to McElheny’s workplace to be held by new people.
“She was a friendly baby when she was being held. She had a pleasant expression on her face,” she said.
Then McElheny said she noticed some discrepancies whenever Ina would get vaccination shots, since she didn’t seem like herself afterward. In March, not long after her monthly check up, she became gas-y, constipated, and would spit up more than usual. She also had less energy and napped more. They spoke with the defendant’s mother, a registered nurse, and eventually figured out that it was likely something she drank that did not quite sit well with her. And Ina went back to her normal self.
“Joe seemed like he enjoyed spending time with Ina more than anything,” she said.
As McElheny remembered Ina’s last doctor’s visit on May 6, 2010, she visibly started to become less composed, though it was a usual visit with more vaccinations. She then told the courtroom about May 10, the last full day Ina was alive.
The baby had an unusual bowel movement that morning. Then she remembered laying the baby in bed with Joe as she left for work, where she later found out that her pay at Staples might be changed from salary to hourly and she was worried about getting a pay cut. When she called the defendant that day, he was not as worried about it, she said.
McElheny said she felt uneasy, and hoped she had not exposed the baby to the flu, since she was “tired looking” and “clammy.” After just falling asleep around 12:30 a.m. on May 11, she was awoken by the defendant saying they would have to take Ina to the hospital. She recalled the baby’s belly already being rounded and that she saw the defendant shaking the baby and told him not to hold her like that.
As McElheny recalled giving her baby CPR with the defendant, she started to cry on the witness stand. Her baby, who looked almost dead in their home, was taken to the hospital where doctors told the couple, after some time of providing medical attention, that there was nothing they could do and that she would pass away.
It was at this point in questioning that the defendant also started to silently sob.
Judge Andrew Ceresia has granted a continuance for the trial on Tuesday morning so that the defense may call an expert radiologist from out of state to testify that Ina may have had fractured bones since birth. It is unclear if the expert will be able to make it on Tuesday but the testimony of Melinda Anders McElheny will continue Monday at 9:30 a.m.
Defense attorney Greg Cholakis also said he plans to introduce possibly hundreds of photos and videos to demonstrate that the family was not hiding anything with their baby and therefore was not abusing her. Ceresia and the prosecution made it clear that each photo would need a foundation as evidence.
http://troyrecord.com/articles/2011/10/01/news/doc4e86a6448cd98180062729.txt?viewmode=fullstory
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Tue 04 Oct 2011, 3:09 am
New photo, video evidence entered in McElheny trial
Published: Tuesday, October 04, 2011
By Katie Nowak Roberts
The Record
TROY — In a day of disjointed testimony Monday, Melinda McElheny, wife of accused murderer Joseph McElheny, continued her recounting of events after the death of her 4-month-old daughter Ina last year.
Public Defender Greg Cholakis continued his direct questioning of Melinda McElheny, having her describe her interview with State Police investigators on May 12, 2010, the day Ina died.
McElheny said investigators asked her about any occasions where Ina may have been injured, and she said she offered them several instances her husband had related to her, in addition to one where she saw him after he fell with the baby.
“They kept pointing back to each of these incidents as something going on at home, that Joe was making up stories to cover up hurting Ina,” McElheny said.
Cholakis asked her opinion of those accusations.
“I thought they were off-base,” she replied. “ … They asked if Joe hurt her. I told them that I could not imagine that to be true.”
After Joseph McElheny was arrested in August 2010, Melinda McElheny said she was approached by the prosecution to meet with them, a request she declined.
“It has been my experience that any conversations I have with police investigators, my words have not been accurately portrayed,” she said.
Before the arrest, McElheny said that she and Joseph McElheny learned they were expecting another child together, and got married.
Their second daughter, Murphy, was born in April, but Melinda McElheny said that the baby was taken away from her at the hospital by the Vermont Department of Children and Families the next day.
McElheny is currently involved in a case in Vermont Family Court over custody of her daughter, the result of which hinges out the outcome of her husband’s trial, she said. Vermont officials have concluded their investigation and indicated there is no risk for the baby to be with her, McElheny said, but that the only way for her to regain custody would be if Joseph McElheny were found guilty during his trial and remained in prison.
The day Ina died, McElheny said investigators seized several computers from her home, including ones containing approximately 1,450 photos and 237 videos taken of the child before she died.
McElheny provided backed-up copies of those photos and videos to the defense, which Cholakis spent a large portion of Monday attempting to admit into evidence.
Cholakis singled out close to 100 photographs and 40 videos for McElheny to identify, which depict Ina on about half of the days of her 4-and-a-half-month-long life.
Many show the baby in only a diaper or naked in the bathtub, others playing with toys, sitting in a chair referenced during previous testimony, rolling over, standing with support of one of her parents and pulling her legs up to her chest.
McElheny said her husband took the majority of the pictures and the videos, but she was present while many of them were filmed, and she filmed some herself. The photos and videos show Ina with both her parents, as well as several family members and friends.
Cholakis and Assistant District Attorneys Christa Book and Elizabeth Kennedy spent several hours debating the merits and relevance of each item, and Judge Andrew Ceresia deemed some to be admissible as evidence.
They have not yet been published to the jury, a process that is expected to take some time.
McElheny testified earlier Monday that there was never a day in Ina’s life where she didn’t see, hold, feed or change her. At the end of his direct questioning, Cholakis asked if Joseph McElheny ever prevented her from seeing or touching the baby, taking her out into public or having people come visit the baby, or talked her out of calling the doctor if the baby was ill. McElheny denied each claim.
“Prior to May 11, did you ever have any reason to believe anything was wrong with your child?” Cholakis asked.
“No,” McElheny replied.
“Did you ever have any reason to believe Joe was hurting your child?” Cholakis continued.
“No,” McElheny said.
The defense will call medical expert Patrick Barnes to testify via video conference this morning. The prosecution will cross-examine McElheny afterward.
http://troyrecord.com/articles/2011/10/04/news/doc4e8a866f0ec65382434242.txt
Published: Tuesday, October 04, 2011
By Katie Nowak Roberts
The Record
TROY — In a day of disjointed testimony Monday, Melinda McElheny, wife of accused murderer Joseph McElheny, continued her recounting of events after the death of her 4-month-old daughter Ina last year.
Public Defender Greg Cholakis continued his direct questioning of Melinda McElheny, having her describe her interview with State Police investigators on May 12, 2010, the day Ina died.
McElheny said investigators asked her about any occasions where Ina may have been injured, and she said she offered them several instances her husband had related to her, in addition to one where she saw him after he fell with the baby.
“They kept pointing back to each of these incidents as something going on at home, that Joe was making up stories to cover up hurting Ina,” McElheny said.
Cholakis asked her opinion of those accusations.
“I thought they were off-base,” she replied. “ … They asked if Joe hurt her. I told them that I could not imagine that to be true.”
After Joseph McElheny was arrested in August 2010, Melinda McElheny said she was approached by the prosecution to meet with them, a request she declined.
“It has been my experience that any conversations I have with police investigators, my words have not been accurately portrayed,” she said.
Before the arrest, McElheny said that she and Joseph McElheny learned they were expecting another child together, and got married.
Their second daughter, Murphy, was born in April, but Melinda McElheny said that the baby was taken away from her at the hospital by the Vermont Department of Children and Families the next day.
McElheny is currently involved in a case in Vermont Family Court over custody of her daughter, the result of which hinges out the outcome of her husband’s trial, she said. Vermont officials have concluded their investigation and indicated there is no risk for the baby to be with her, McElheny said, but that the only way for her to regain custody would be if Joseph McElheny were found guilty during his trial and remained in prison.
The day Ina died, McElheny said investigators seized several computers from her home, including ones containing approximately 1,450 photos and 237 videos taken of the child before she died.
McElheny provided backed-up copies of those photos and videos to the defense, which Cholakis spent a large portion of Monday attempting to admit into evidence.
Cholakis singled out close to 100 photographs and 40 videos for McElheny to identify, which depict Ina on about half of the days of her 4-and-a-half-month-long life.
Many show the baby in only a diaper or naked in the bathtub, others playing with toys, sitting in a chair referenced during previous testimony, rolling over, standing with support of one of her parents and pulling her legs up to her chest.
McElheny said her husband took the majority of the pictures and the videos, but she was present while many of them were filmed, and she filmed some herself. The photos and videos show Ina with both her parents, as well as several family members and friends.
Cholakis and Assistant District Attorneys Christa Book and Elizabeth Kennedy spent several hours debating the merits and relevance of each item, and Judge Andrew Ceresia deemed some to be admissible as evidence.
They have not yet been published to the jury, a process that is expected to take some time.
McElheny testified earlier Monday that there was never a day in Ina’s life where she didn’t see, hold, feed or change her. At the end of his direct questioning, Cholakis asked if Joseph McElheny ever prevented her from seeing or touching the baby, taking her out into public or having people come visit the baby, or talked her out of calling the doctor if the baby was ill. McElheny denied each claim.
“Prior to May 11, did you ever have any reason to believe anything was wrong with your child?” Cholakis asked.
“No,” McElheny replied.
“Did you ever have any reason to believe Joe was hurting your child?” Cholakis continued.
“No,” McElheny said.
The defense will call medical expert Patrick Barnes to testify via video conference this morning. The prosecution will cross-examine McElheny afterward.
http://troyrecord.com/articles/2011/10/04/news/doc4e8a866f0ec65382434242.txt
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Infant taken from couple in baby death case
by Avocado on Tue 04 Oct 2011, 9:41 am
Infant taken from couple in baby death case
Defendant's wife says authorities took child after she was born in April
By BOB GARDINIER Staff writer
Updated 10:19 p.m., Monday, October 3, 2011
TROY -- The wife of a man accused of killing their infant testified Monday that authorities took custody of a second child from the couple after she was born in April.
The investigation of the 2010 death of 4-month-old Ina Jane McElheny prompted Vermont authorities to take custody of the child born this year. Melinda Anders McElheny said authorities told her she would get the child back if her husband, Joseph McElheny, was convicted.
The father testified last week that he has never seen his younger daughter.
The May 2010 death of Ina Jane in the family's Hoosick Falls home drew media coverage, but the existence of the second child was not made public until Monday's testimony.
Anders McElheny was called to the witness stand by her husband's public defender, Gregory Cholakis. She began testifying on Friday and returned to the stand on Monday.
Cholakis asked her if she and her husband had a second child.
"Yes, a daughter named Murphy,'' Anders McElheny said. ''She was born in Bennington in April and two days later the Vermont Department of Children and Families came to the hospital with an order to take custody of her while this case is going on.''
Anders McElheny said the department acted on the orders of New York State Child Protective Services and the Rensselaer County district attorney's office.
The mother said she was informed that a grand jury investigated her possible involvement in the criminal case.
''I was then told that I had not been indicted,'' Anders McElheny said.
A grand jury indicted Joseph McElheny, 32, on second-degree murder charges about three months after Ina Jane died.
Anders McElheny testified that she refused to cooperate with the prosecution because she does not believe her husband killed the child.
The day's court action started with Cholakis asking Judge Andrew Ceresia to allow him to show the jury 1,400 photographs and 234 videos that McElheny and his wife took of the infant.
Ceresia denied the request to enter all the photos and videos, limiting the defense to one photo per day of the child's life.
The sides spent the better part of Monday arguing admissibility of the photos and videos, and the prosecution has yet to get the chance to cross examine the mother.
Cholakis wants to use the photos to show the jury that the child looked healthy and that the parents had nothing to hide.
The judge ruled Monday that a defense expert, pediatric radiologist Dr. Patrick Barnes, can testify by video teleconference. Barnes, a member of the child-abuse-protection team at Stanford Medical Center in Palo Alto, Calif., is often asked by defense attorneys to review medical scans in child abuse cases.
Prosecutors contend the baby had 18 broken bones inflicted over several weeks and a perforated bowel caused by a sharp blow.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a congenital bowel condition that caused a blockage, which led to the perforation.
Reach Bob Gardinier at 454-5696 or bgardinier@timesunion.com.
Read more: http://www.timesunion.com/local/article/Infant-taken-from-couple-in-baby-death-case-2200043.php#ixzz1ZqcJHkm1
Defendant's wife says authorities took child after she was born in April
By BOB GARDINIER Staff writer
Updated 10:19 p.m., Monday, October 3, 2011
TROY -- The wife of a man accused of killing their infant testified Monday that authorities took custody of a second child from the couple after she was born in April.
The investigation of the 2010 death of 4-month-old Ina Jane McElheny prompted Vermont authorities to take custody of the child born this year. Melinda Anders McElheny said authorities told her she would get the child back if her husband, Joseph McElheny, was convicted.
The father testified last week that he has never seen his younger daughter.
The May 2010 death of Ina Jane in the family's Hoosick Falls home drew media coverage, but the existence of the second child was not made public until Monday's testimony.
Anders McElheny was called to the witness stand by her husband's public defender, Gregory Cholakis. She began testifying on Friday and returned to the stand on Monday.
Cholakis asked her if she and her husband had a second child.
"Yes, a daughter named Murphy,'' Anders McElheny said. ''She was born in Bennington in April and two days later the Vermont Department of Children and Families came to the hospital with an order to take custody of her while this case is going on.''
Anders McElheny said the department acted on the orders of New York State Child Protective Services and the Rensselaer County district attorney's office.
The mother said she was informed that a grand jury investigated her possible involvement in the criminal case.
''I was then told that I had not been indicted,'' Anders McElheny said.
A grand jury indicted Joseph McElheny, 32, on second-degree murder charges about three months after Ina Jane died.
Anders McElheny testified that she refused to cooperate with the prosecution because she does not believe her husband killed the child.
The day's court action started with Cholakis asking Judge Andrew Ceresia to allow him to show the jury 1,400 photographs and 234 videos that McElheny and his wife took of the infant.
Ceresia denied the request to enter all the photos and videos, limiting the defense to one photo per day of the child's life.
The sides spent the better part of Monday arguing admissibility of the photos and videos, and the prosecution has yet to get the chance to cross examine the mother.
Cholakis wants to use the photos to show the jury that the child looked healthy and that the parents had nothing to hide.
The judge ruled Monday that a defense expert, pediatric radiologist Dr. Patrick Barnes, can testify by video teleconference. Barnes, a member of the child-abuse-protection team at Stanford Medical Center in Palo Alto, Calif., is often asked by defense attorneys to review medical scans in child abuse cases.
Prosecutors contend the baby had 18 broken bones inflicted over several weeks and a perforated bowel caused by a sharp blow.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a congenital bowel condition that caused a blockage, which led to the perforation.
Reach Bob Gardinier at 454-5696 or bgardinier@timesunion.com.
Read more: http://www.timesunion.com/local/article/Infant-taken-from-couple-in-baby-death-case-2200043.php#ixzz1ZqcJHkm1
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Wed 05 Oct 2011, 3:39 am
Pediatric radiologist says that Ina McElheny most likely suffered from congenital rickets
Published: Wednesday, October 05, 2011
By Katie Nowak Roberts
The Record
TROY — A pediatric radiologist with extensive child abuse experience testified Tuesday in the trial of Joseph McElheny, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
Patrick Barnes, a member of the Northern California Child Abuse Task Force and the Suspected Child Abuse and Neglect Team, said Tuesday that he believes Ina, who had 18 broken bones uncovered during her autopsy, most likely suffered from congenital rickets, which led to her injuries. Barnes has published extensively on “mimics” of child abuse — conditions that look like abuse but are not — as well as birth injuries, and said both are factors in Ina’s case.
Ina’s congenital rickets developed in the womb due to a lack of Vitamin D coming from her mother, Melinda, during the last trimester of pregnancy, Barnes said. There is a large difference between congenital and classic rickets, he said, with the former condition manifesting itself in the abnormal growth of bones, and the latter showing no real bone change until a child is 6 months or older.
Citing an article he co-published in 2008, Barnes said rickets, which had become less common over the last few decades, “is back,” calling it “a national and international epidemic.” Today, it’s expected that doctors will check first for bone disorders when presented with a case of multiple fractures and suspected abuse, Barnes said, and no testing of the sort was done on Ina, either pre- or postmortem.
Pointing to specific spots on Ina’s x-rays, including on her ribs, hips, legs, ankles, forearms and wrists, Barnes said that the thick, fuzzy, bright white bone formation found there is indicative of healing found with congenital rickets. Bones that are significantly bowed, such as those found in her forearms and legs, are also consistent with the condition, he said.
Fractures to bones weakened due to congenital rickets can be caused by normal handling, Barnes said, including when parents hold a child’s arms and make them stand, and during diaper changing. Stress put on rib bones when a parent picks them up could cause rib fractures, he said.
The most likely cause of Ina’s rib fractures was her “traumatic” birth, Barnes said, which involved difficulty moving through the birth canal. The dating of those fractures on her hospital x-rays before her death and the autopsy x-rays after are inconsistent, he said, and could very likely have originated at birth.
On cross-examination, Assistant District Attorney Elizabeth Kennedy indicated that Barnes’ theories about congenital rickets have not been widely accepted by the medical community and were unsubstantiated by facts, a notion he vehemently denied. During a heated exchange where Kennedy brought up several criticisms of his work, she asked if other medical professionals believed congenital rickets exists.
“We can’t go on belief, we have to go on science,” Barnes replied.
Kennedy also asked if he could definitively prove if Ina had rickets, which the doctor admitted he could not due to a lack of testing.
“But you can’t prove abuse, either,” he said.
Melinda McElheny also took the stand Tuesday, continuing her testimony under cross-examination from Assistant District Attorney Christa Book.
McElheny said she was concerned with Joseph McElheny’s lack of earnings from his home computer business, and unhappy with his inability to contribute financially. Melinda McElheny also said that when Joseph McElheny first moved in with her, there were many things she didn’t know about him, and she was unsure about their relationship, telling State Police investigators the night Ina died that she “did not trust (him) with (her) heart.”
Melinda McElheny said her husband was “directing Ina’s care” for most of the child’s life, and spent every day alone with the baby while McElheny was at work. On May 11, the day before Ina died, McElheny said she saw the baby in the morning before work and she seemed to be tired, but fine. McElheny said she later called her husband from work to tell him she may be getting a pay decrease.
When she came home for lunch afterward, she learned Ina had vomited, and said the child appeared pale and less energetic. Later, when she returned for the night, McElheny said Ina seemed less sick than before, but that she never saw her spark back up.
The baby was in her crib and covered in a blanket when she arrived home, McElheny said.
Testimony continues this morning in front of Judge Andrew Ceresia.
http://troyrecord.com/articles/2011/10/05/news/doc4e8bf90301566692810695.txt?viewmode=fullstory
Published: Wednesday, October 05, 2011
By Katie Nowak Roberts
The Record
TROY — A pediatric radiologist with extensive child abuse experience testified Tuesday in the trial of Joseph McElheny, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
Patrick Barnes, a member of the Northern California Child Abuse Task Force and the Suspected Child Abuse and Neglect Team, said Tuesday that he believes Ina, who had 18 broken bones uncovered during her autopsy, most likely suffered from congenital rickets, which led to her injuries. Barnes has published extensively on “mimics” of child abuse — conditions that look like abuse but are not — as well as birth injuries, and said both are factors in Ina’s case.
Ina’s congenital rickets developed in the womb due to a lack of Vitamin D coming from her mother, Melinda, during the last trimester of pregnancy, Barnes said. There is a large difference between congenital and classic rickets, he said, with the former condition manifesting itself in the abnormal growth of bones, and the latter showing no real bone change until a child is 6 months or older.
Citing an article he co-published in 2008, Barnes said rickets, which had become less common over the last few decades, “is back,” calling it “a national and international epidemic.” Today, it’s expected that doctors will check first for bone disorders when presented with a case of multiple fractures and suspected abuse, Barnes said, and no testing of the sort was done on Ina, either pre- or postmortem.
Pointing to specific spots on Ina’s x-rays, including on her ribs, hips, legs, ankles, forearms and wrists, Barnes said that the thick, fuzzy, bright white bone formation found there is indicative of healing found with congenital rickets. Bones that are significantly bowed, such as those found in her forearms and legs, are also consistent with the condition, he said.
Fractures to bones weakened due to congenital rickets can be caused by normal handling, Barnes said, including when parents hold a child’s arms and make them stand, and during diaper changing. Stress put on rib bones when a parent picks them up could cause rib fractures, he said.
The most likely cause of Ina’s rib fractures was her “traumatic” birth, Barnes said, which involved difficulty moving through the birth canal. The dating of those fractures on her hospital x-rays before her death and the autopsy x-rays after are inconsistent, he said, and could very likely have originated at birth.
On cross-examination, Assistant District Attorney Elizabeth Kennedy indicated that Barnes’ theories about congenital rickets have not been widely accepted by the medical community and were unsubstantiated by facts, a notion he vehemently denied. During a heated exchange where Kennedy brought up several criticisms of his work, she asked if other medical professionals believed congenital rickets exists.
“We can’t go on belief, we have to go on science,” Barnes replied.
Kennedy also asked if he could definitively prove if Ina had rickets, which the doctor admitted he could not due to a lack of testing.
“But you can’t prove abuse, either,” he said.
Melinda McElheny also took the stand Tuesday, continuing her testimony under cross-examination from Assistant District Attorney Christa Book.
McElheny said she was concerned with Joseph McElheny’s lack of earnings from his home computer business, and unhappy with his inability to contribute financially. Melinda McElheny also said that when Joseph McElheny first moved in with her, there were many things she didn’t know about him, and she was unsure about their relationship, telling State Police investigators the night Ina died that she “did not trust (him) with (her) heart.”
Melinda McElheny said her husband was “directing Ina’s care” for most of the child’s life, and spent every day alone with the baby while McElheny was at work. On May 11, the day before Ina died, McElheny said she saw the baby in the morning before work and she seemed to be tired, but fine. McElheny said she later called her husband from work to tell him she may be getting a pay decrease.
When she came home for lunch afterward, she learned Ina had vomited, and said the child appeared pale and less energetic. Later, when she returned for the night, McElheny said Ina seemed less sick than before, but that she never saw her spark back up.
The baby was in her crib and covered in a blanket when she arrived home, McElheny said.
Testimony continues this morning in front of Judge Andrew Ceresia.
http://troyrecord.com/articles/2011/10/05/news/doc4e8bf90301566692810695.txt?viewmode=fullstory
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Thu 06 Oct 2011, 1:31 am
Melinda McElheny says defendant, husband Joseph McElheny 'anticipated Ina's needs'
Published: Thursday, October 06, 2011
Testimony ended Wednesday in the trial of Joseph McElheny, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
McElheny’s wife, Melinda, was the final witness, continuing her cross-examination under Assistant District Attorney Christa Book. Book asked Melinda McElheny to recount the day leading up to Ina’s death, and how the child appeared when McElheny returned home from work that night.
Ina was in her crib, McElheny said, and she believes she picked up the child only once, to feed her. She said she told State Police investigators that her husband advised her not to hold the baby because, he said, McElheny would “make her uncomfortable,” and that they should “let her sleep.”
Book also asked McElheny about comments she made to police regarding wishing she had held Ina that night, quoting McElheny as telling police, “I feel if I had taken her in my arms and held her, I would have known something was wrong.”
On redirect from Public Defender Greg Cholakis, McElheny said she and the defendant had numerous conversations about McElheny’s desire to hold Ina while she slept, with Joseph McElheny telling her that Ina did not sleep well when being held. Though Melinda McElheny said she often differed with her husband on that point, she agreed that night that letting the baby sleep uninterrupted was the best decision.
Book and McElheny disagreed many times about McElheny’s exact wording during her interview with police, with Book attempting to read back a transcript or play an audio recording of the interview to refresh McElheny’s memory, an action which was met each time with objections from defense attorney Greg Cholakis.
Book asked if McElheny told police something to the effect of, “I don’t know if Joe hurt Ina on purpose, I don’t know if he hurt her accidentally, but that’s something for scientists to figure out.” The garbled recording made her exact statement hard to determine, and McElheny denied saying those specific words, leading Judge Andrew Ceresia to preclude the tape from being used to impeach McElheny’s testimony on the subject.
McElheny and the defendant have a second child together, born after Ina died, who Book asked if the defendant had ever met, and McElheny said he had not. Book asked McElheny the baby’s age, and McElheny said the child would be turning 6 months old today.
“One and a half months older than Ina lived to?” Book asked.
“Yes, that’s correct,” McElheny replied.
During redirect, McElheny said her husband always put Ina’s needs first, and his “very particular parenting style” led him to “anticipate Ina’s needs before they arose so she wouldn’t have a need to cry.” That included timing her eating and sleeping patterns and having a bottle or naptime ready at those specific moments, and changing her before she soiled her diaper.
Her husband did this, she said, so the baby “didn’t need to feel discomfort or insecure,” a system she said “worked great.”
Asked by Cholakis if the defendant ever threatened her, yelled at her or raised his hand to her, McElheny said no.
When Book asked on cross if McElheny knew the District Attorney’s office had tried to contact her, she said she did, and declined to meet with them. Cholakis asked her why.
“My general impression is that they are not interested in the truth, they’re interested in finding things to bolster their case,” she said.
After showing several videos of Ina to the jury, the defense rested its case Wednesday afternoon. The defense will begin presenting its closing arguments this morning at 9 a.m., followed by the prosecution.
http://troyrecord.com/articles/2011/10/06/news/doc4e8d543636b66860819230.txt?viewmode=fullstory
Published: Thursday, October 06, 2011
Testimony ended Wednesday in the trial of Joseph McElheny, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
McElheny’s wife, Melinda, was the final witness, continuing her cross-examination under Assistant District Attorney Christa Book. Book asked Melinda McElheny to recount the day leading up to Ina’s death, and how the child appeared when McElheny returned home from work that night.
Ina was in her crib, McElheny said, and she believes she picked up the child only once, to feed her. She said she told State Police investigators that her husband advised her not to hold the baby because, he said, McElheny would “make her uncomfortable,” and that they should “let her sleep.”
Book also asked McElheny about comments she made to police regarding wishing she had held Ina that night, quoting McElheny as telling police, “I feel if I had taken her in my arms and held her, I would have known something was wrong.”
On redirect from Public Defender Greg Cholakis, McElheny said she and the defendant had numerous conversations about McElheny’s desire to hold Ina while she slept, with Joseph McElheny telling her that Ina did not sleep well when being held. Though Melinda McElheny said she often differed with her husband on that point, she agreed that night that letting the baby sleep uninterrupted was the best decision.
Book and McElheny disagreed many times about McElheny’s exact wording during her interview with police, with Book attempting to read back a transcript or play an audio recording of the interview to refresh McElheny’s memory, an action which was met each time with objections from defense attorney Greg Cholakis.
Book asked if McElheny told police something to the effect of, “I don’t know if Joe hurt Ina on purpose, I don’t know if he hurt her accidentally, but that’s something for scientists to figure out.” The garbled recording made her exact statement hard to determine, and McElheny denied saying those specific words, leading Judge Andrew Ceresia to preclude the tape from being used to impeach McElheny’s testimony on the subject.
McElheny and the defendant have a second child together, born after Ina died, who Book asked if the defendant had ever met, and McElheny said he had not. Book asked McElheny the baby’s age, and McElheny said the child would be turning 6 months old today.
“One and a half months older than Ina lived to?” Book asked.
“Yes, that’s correct,” McElheny replied.
During redirect, McElheny said her husband always put Ina’s needs first, and his “very particular parenting style” led him to “anticipate Ina’s needs before they arose so she wouldn’t have a need to cry.” That included timing her eating and sleeping patterns and having a bottle or naptime ready at those specific moments, and changing her before she soiled her diaper.
Her husband did this, she said, so the baby “didn’t need to feel discomfort or insecure,” a system she said “worked great.”
Asked by Cholakis if the defendant ever threatened her, yelled at her or raised his hand to her, McElheny said no.
When Book asked on cross if McElheny knew the District Attorney’s office had tried to contact her, she said she did, and declined to meet with them. Cholakis asked her why.
“My general impression is that they are not interested in the truth, they’re interested in finding things to bolster their case,” she said.
After showing several videos of Ina to the jury, the defense rested its case Wednesday afternoon. The defense will begin presenting its closing arguments this morning at 9 a.m., followed by the prosecution.
http://troyrecord.com/articles/2011/10/06/news/doc4e8d543636b66860819230.txt?viewmode=fullstory
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
UPDATE - Jury deliberates in trial of father charged with killing infant
by Avocado on Thu 06 Oct 2011, 2:08 pm
UPDATE - Jury deliberates in trial of father charged with killing infant
ZEKE WRIGHT, Staff Writer
Posted: 10/06/2011 04:20:43 PM EDT
TROY, N.Y. - Jury deliberations began after closing arguments Thursday afternoon in the trial of Joseph McElheny. McElheny, 32, of Hoosick Falls, is accused of charges relating to the death of his 4-month-old child, Ina Jane McElheny, in May 2010. The trial has lasted three weeks, during which both McElheny and the infant's mother, Melinda Anders McElheny, took the stand along with a line of character and expert witnesses.
Prosecutors allege that those fractures indicate the child was abused at the hands of McElheny, Ina's primary caregiver, and that a sharp blow to the infant's abdomen in the hours leading up to her death caused a fracture which punctured her intestine.
Public Defender Greg Cholakis argued before the jury Thursday that the prosecution had not made their case beyond reasonable doubt, and he reiterated earlier claims by the defense that Ina's death was due to a hereditary intestinal condition, not child abuse.
The defense has claimed that Ina suffered from intussusception, a medical condition which can cause bowel obstructions and without treatment can lead to death. Cholakis linked the condition with rotavirus vaccinations Thursday. Cholakis attributed the infant's multiple fractures to congenital rickets, caused by a vitamin D deficiency. If Ina had the metabolic disorder, the defense argued, her soft bones could be fractured "with minimal trauma" including from birth, or through normal handling.
"This story of the day is not medically possible," said Assistant District Attorney Christa Book during closing arguments for the prosecution. "No one is saying Joseph McElheny didn't love Ina," she said. "No one is claiming he is a monster; unfortunately, that doesn't mean he didn't harm her." Book said that every new parent experienced frustration at some time, and she cited McElheny's "control issues," on the stand, at his River Street home, and as an employee at Staples.
Book described a "fatal blow, delivered sometime after Melinda left for work." She said that the defense's explanation was "not medically possible," and that McElheny had done nothing in the hours leading up to the infant's death to seek medical treatment.
Denying the prosecution's claim of rickets, Book said that the infant's calcium levels tested normal at the hospital and that there was "nothing to support intussusception."
She reviewed testimony by Dr. Jeffery Hubbard, the forensic pathologist who performed the autopsy, who concluded that the infant's bones were normal, "definitively rul(ing) out a metabolic syndrome such as rickets," said Book.
The infant was hospitalized in the early morning hours of May 12, 2010, after being found unresponsive. An autopsy determined that the cause of death was from a severe internal infection resulting from an intestinal tear. The death was ruled a homicide after the autopsy revealed upwards of 18 bone fractures, including both legs and numerous ribs.
http://www.benningtonbanner.com/ci_19055225
ZEKE WRIGHT, Staff Writer
Posted: 10/06/2011 04:20:43 PM EDT
TROY, N.Y. - Jury deliberations began after closing arguments Thursday afternoon in the trial of Joseph McElheny. McElheny, 32, of Hoosick Falls, is accused of charges relating to the death of his 4-month-old child, Ina Jane McElheny, in May 2010. The trial has lasted three weeks, during which both McElheny and the infant's mother, Melinda Anders McElheny, took the stand along with a line of character and expert witnesses.
Prosecutors allege that those fractures indicate the child was abused at the hands of McElheny, Ina's primary caregiver, and that a sharp blow to the infant's abdomen in the hours leading up to her death caused a fracture which punctured her intestine.
Public Defender Greg Cholakis argued before the jury Thursday that the prosecution had not made their case beyond reasonable doubt, and he reiterated earlier claims by the defense that Ina's death was due to a hereditary intestinal condition, not child abuse.
The defense has claimed that Ina suffered from intussusception, a medical condition which can cause bowel obstructions and without treatment can lead to death. Cholakis linked the condition with rotavirus vaccinations Thursday. Cholakis attributed the infant's multiple fractures to congenital rickets, caused by a vitamin D deficiency. If Ina had the metabolic disorder, the defense argued, her soft bones could be fractured "with minimal trauma" including from birth, or through normal handling.
"This story of the day is not medically possible," said Assistant District Attorney Christa Book during closing arguments for the prosecution. "No one is saying Joseph McElheny didn't love Ina," she said. "No one is claiming he is a monster; unfortunately, that doesn't mean he didn't harm her." Book said that every new parent experienced frustration at some time, and she cited McElheny's "control issues," on the stand, at his River Street home, and as an employee at Staples.
Book described a "fatal blow, delivered sometime after Melinda left for work." She said that the defense's explanation was "not medically possible," and that McElheny had done nothing in the hours leading up to the infant's death to seek medical treatment.
Denying the prosecution's claim of rickets, Book said that the infant's calcium levels tested normal at the hospital and that there was "nothing to support intussusception."
She reviewed testimony by Dr. Jeffery Hubbard, the forensic pathologist who performed the autopsy, who concluded that the infant's bones were normal, "definitively rul(ing) out a metabolic syndrome such as rickets," said Book.
The infant was hospitalized in the early morning hours of May 12, 2010, after being found unresponsive. An autopsy determined that the cause of death was from a severe internal infection resulting from an intestinal tear. The death was ruled a homicide after the autopsy revealed upwards of 18 bone fractures, including both legs and numerous ribs.
http://www.benningtonbanner.com/ci_19055225
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Fri 07 Oct 2011, 3:32 am
Jury in McElheny trial asks for read back of testimony during deliberations
Published: Friday, October 07, 2011
TROY — Deliberations lasted into the night Thursday as jurors received the case in the trial of Joseph McElheny, 32, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
Jurors asked to be read back testimony from doctors who testified for both the defense and the prosecution, specifically in relation to Ina’s torn bowel, which caused the abdominal infection which killed her, and intussusception, the intestinal condition the defense alleges led to the tear.
Thursday morning, the defense and the prosecution presented their closing arguments, with Public Defender Greg Cholakis and Assistant District Attorney Christa Book attempting to discredit the others’ witnesses through contradicting medical theories.
Cholakis continuously reminded the jury that it must return a not guilty verdict if it had any shred of reasonable doubt, noting that the prosecution “(hasn’t) even come close” to disproving McElheny’s innocence.
The defense’s medical witnesses confirmed that Ina’s 18 fractures at the time of her death were the result of rickets, Cholakis said, and would not have hurt her much because there would have been little trauma required to cause them. The lack of trauma is supported by what Cholakis called “uncontroverted” evidence that Ina was a happy, healthy-looking child whose parents routinely brought her out in public and published hundreds of photos and videos of her online.
Prosecution witnesses gave only approximations, Cholakis said, as to how Ina’s fractures could have occurred, using phrases such as “probably,” “most likely” and “usually” to draw their conclusions that the child was abused — conclusions, he said, which are opinions, not proof. Testimony from witness Carole Jenny drew the most ire from Cholakis, who said the doctor and child abuse expert came into the trial with a bias and answered questions untruthfully when they didn’t suit her agenda.
Cholakis said the medical examiner who performed Ina’s autopsy and the child’s own doctor missed her rickets and intussusception. Meanwhile, the child’s x-rays and medical history “screamed” her conditions to the defense’s witnesses, Cholakis said.
The case boiled down to believing common sense over coincidence, Cholakis said, and he told the jury that the latter was all the prosecution could offer.
“Nobody wants to convict an innocent man, and I’ll be damned if it’s gonna happen on my watch,” he said, his voice choking with emotion.
Book began her closing by invoking all the things Ina never got to accomplish in her “far too short of a life.” She never saw Christmas, her first birthday, or even spoke her first word.
“If she had, would it have been ‘Help’?” Book asked.
Ina would have been “no stranger to pain,” Book said, having been abused on at least four separate occasions during her life. The day before she died, Ina suffered from a perforated bowel while McElheny “sat there and watched his daughter die, and didn’t do anything about it,” Book said.
The defense’s claim that intussusception led to Ina’s perforation is impossible, Book said, not only because the condition wasn’t found in the autopsy, but because it does not manifest itself in that manner. The notion she was an otherwise healthy and happy child could be disputed by testimony that said pain from fractures would be acute for only one or two days, an easy amount of time to hide a child away, Book said.
Close to 1,500 photos of Ina were introduced as evidence, but Book said a photo represents only about a second of time, leaving more than 11 million seconds of Ina’s 135-day life unaccounted for.
Book said the prosecution doesn’t dispute McElheny loved his daughter, and doesn’t think of him as a monster, but as a man dealing with the frustration of being stuck at home alone most days and at the mercy of his now-wife, Melinda, the family’s main breadwinner.
“Things spun out of control,” Book said, and McElheny made up stories about accidents with the baby to conceal abuse, eventually covering up what led to her May 12 death despite his version of events not being medically possible.
The defense’s theory that Ina suffered from a host of medical conditions “should offend your common sense,” Book told jurors, and that it should find the defendant guilty to hold him accountable for his actions.
"It’s the only verdict that’s consistent with the testimony you heard, and it’s the only verdict consistent with the medical evidence that you saw," she said.
Deliberations will resume this morning at 9:00.
http://troyrecord.com/articles/2011/10/07/news/doc4e8e9ff5e5fcb173843929.txt?viewmode=fullstory
Published: Friday, October 07, 2011
TROY — Deliberations lasted into the night Thursday as jurors received the case in the trial of Joseph McElheny, 32, the Hoosick Falls man accused of murdering his 4-month-old daughter Ina in May 2010.
Jurors asked to be read back testimony from doctors who testified for both the defense and the prosecution, specifically in relation to Ina’s torn bowel, which caused the abdominal infection which killed her, and intussusception, the intestinal condition the defense alleges led to the tear.
Thursday morning, the defense and the prosecution presented their closing arguments, with Public Defender Greg Cholakis and Assistant District Attorney Christa Book attempting to discredit the others’ witnesses through contradicting medical theories.
Cholakis continuously reminded the jury that it must return a not guilty verdict if it had any shred of reasonable doubt, noting that the prosecution “(hasn’t) even come close” to disproving McElheny’s innocence.
The defense’s medical witnesses confirmed that Ina’s 18 fractures at the time of her death were the result of rickets, Cholakis said, and would not have hurt her much because there would have been little trauma required to cause them. The lack of trauma is supported by what Cholakis called “uncontroverted” evidence that Ina was a happy, healthy-looking child whose parents routinely brought her out in public and published hundreds of photos and videos of her online.
Prosecution witnesses gave only approximations, Cholakis said, as to how Ina’s fractures could have occurred, using phrases such as “probably,” “most likely” and “usually” to draw their conclusions that the child was abused — conclusions, he said, which are opinions, not proof. Testimony from witness Carole Jenny drew the most ire from Cholakis, who said the doctor and child abuse expert came into the trial with a bias and answered questions untruthfully when they didn’t suit her agenda.
Cholakis said the medical examiner who performed Ina’s autopsy and the child’s own doctor missed her rickets and intussusception. Meanwhile, the child’s x-rays and medical history “screamed” her conditions to the defense’s witnesses, Cholakis said.
The case boiled down to believing common sense over coincidence, Cholakis said, and he told the jury that the latter was all the prosecution could offer.
“Nobody wants to convict an innocent man, and I’ll be damned if it’s gonna happen on my watch,” he said, his voice choking with emotion.
Book began her closing by invoking all the things Ina never got to accomplish in her “far too short of a life.” She never saw Christmas, her first birthday, or even spoke her first word.
“If she had, would it have been ‘Help’?” Book asked.
Ina would have been “no stranger to pain,” Book said, having been abused on at least four separate occasions during her life. The day before she died, Ina suffered from a perforated bowel while McElheny “sat there and watched his daughter die, and didn’t do anything about it,” Book said.
The defense’s claim that intussusception led to Ina’s perforation is impossible, Book said, not only because the condition wasn’t found in the autopsy, but because it does not manifest itself in that manner. The notion she was an otherwise healthy and happy child could be disputed by testimony that said pain from fractures would be acute for only one or two days, an easy amount of time to hide a child away, Book said.
Close to 1,500 photos of Ina were introduced as evidence, but Book said a photo represents only about a second of time, leaving more than 11 million seconds of Ina’s 135-day life unaccounted for.
Book said the prosecution doesn’t dispute McElheny loved his daughter, and doesn’t think of him as a monster, but as a man dealing with the frustration of being stuck at home alone most days and at the mercy of his now-wife, Melinda, the family’s main breadwinner.
“Things spun out of control,” Book said, and McElheny made up stories about accidents with the baby to conceal abuse, eventually covering up what led to her May 12 death despite his version of events not being medically possible.
The defense’s theory that Ina suffered from a host of medical conditions “should offend your common sense,” Book told jurors, and that it should find the defendant guilty to hold him accountable for his actions.
"It’s the only verdict that’s consistent with the testimony you heard, and it’s the only verdict consistent with the medical evidence that you saw," she said.
Deliberations will resume this morning at 9:00.
http://troyrecord.com/articles/2011/10/07/news/doc4e8e9ff5e5fcb173843929.txt?viewmode=fullstory
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Sat 08 Oct 2011, 2:41 am
Jury says it's close, but no verdict for Joseph McElheny until next week
Published: Saturday, October 08, 2011
TROY — “Hurry up and wait” would be the best way to summarize the jury’s deliberations in the trial of Joseph McElheny Friday. It seemed like a decision might be made on the nine counts facing Hoosick Falls resident, charged with killing his 4-month-old daughter last year, but the fate of this young father will not be determined until at least next week.
This seems to be to the dismay of some of the jurors, since at 7:30 p.m., after spending about 10 hours at the Rensselaer County Courthouse, Judge Andrew Ceresia said the jury could be dismissed, but the seven women and five men of the jury unanimously decided they did not yet want to leave. Then, about an hour later at 8:30 p.m., the jury sent a message to the judge stating it wanted to call it a night since its members were not getting any closer to a decision.
McElheny faces second-degree murder, second-degree manslaughter, criminally negligent homicide, reckless endangerment, and four assault charges. The charges’ sentences range from less than a year to 25 years to life in prison.
During the course of the day Friday, the jury asked for a read back of some testimony related to accidental versus nonaccidental fractures, and asked for the definitions of the charges.
The trial has been ongoing for almost one month.
Thursday morning, both the defense and the prosecution presented their closing arguments, with Public Defender Greg Cholakis and Assistant District Attorney Christa Book attempting to discredit the others’ witnesses through contradicting medical theories.
Close to 1,500 photos of Ina were introduced as evidence, but Book said a photo represents only about a second of time, leaving more than 11 million seconds of Ina’s 135-day life unaccounted for.
The defense’s medical witnesses confirmed that Ina’s 18 fractures at the time of her death were the result of rickets, Cholakis said in his closing remarks Thursday.
The jury will reconvene at the Rensselaer County Courthouse after the holiday weekend on Tuesday at 11 a.m.
http://troyrecord.com/articles/2011/10/08/news/doc4e8fe28299a18059468527.txt
Published: Saturday, October 08, 2011
TROY — “Hurry up and wait” would be the best way to summarize the jury’s deliberations in the trial of Joseph McElheny Friday. It seemed like a decision might be made on the nine counts facing Hoosick Falls resident, charged with killing his 4-month-old daughter last year, but the fate of this young father will not be determined until at least next week.
This seems to be to the dismay of some of the jurors, since at 7:30 p.m., after spending about 10 hours at the Rensselaer County Courthouse, Judge Andrew Ceresia said the jury could be dismissed, but the seven women and five men of the jury unanimously decided they did not yet want to leave. Then, about an hour later at 8:30 p.m., the jury sent a message to the judge stating it wanted to call it a night since its members were not getting any closer to a decision.
McElheny faces second-degree murder, second-degree manslaughter, criminally negligent homicide, reckless endangerment, and four assault charges. The charges’ sentences range from less than a year to 25 years to life in prison.
During the course of the day Friday, the jury asked for a read back of some testimony related to accidental versus nonaccidental fractures, and asked for the definitions of the charges.
The trial has been ongoing for almost one month.
Thursday morning, both the defense and the prosecution presented their closing arguments, with Public Defender Greg Cholakis and Assistant District Attorney Christa Book attempting to discredit the others’ witnesses through contradicting medical theories.
Close to 1,500 photos of Ina were introduced as evidence, but Book said a photo represents only about a second of time, leaving more than 11 million seconds of Ina’s 135-day life unaccounted for.
The defense’s medical witnesses confirmed that Ina’s 18 fractures at the time of her death were the result of rickets, Cholakis said in his closing remarks Thursday.
The jury will reconvene at the Rensselaer County Courthouse after the holiday weekend on Tuesday at 11 a.m.
http://troyrecord.com/articles/2011/10/08/news/doc4e8fe28299a18059468527.txt
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by Avocado on Tue 11 Oct 2011, 8:06 am
Jurors have questions in baby death case
By BOB GARDINIER Staff writer
Published 01:45 p.m., Tuesday, October 11, 2011
TROY -- Jurors returned to their third day of deliberations on Tuesday in the case of a Hoosick Falls father accused of killing his infant. The panel quickly asked for some legal definitions and to hear witness testimony.
In the trial, which has now entered its fourth week, Joseph McElheny, 32, faces murder, manslaughter, criminally negligent homicide, assault and endangering charges in the May 12, 2010 death of his baby daughter Ina Jane McElheny. An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine which led to an infection and death.
Jurors at about 12:30 p.m. asked Judge Andrew Ceresia to read to them the legal definitions of circumstantial evidence and of reasonable doubt. They also asked that the cross examination of prosecution witness Dr. Jeffrey Hubbard, the pathologist in the case, be read back to them.
Prosecutors claim McElheny abused the child and inflicted a blow to her abdomen which caused the perforation.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a congenital bowel condition that caused a blockage, which led to the perforation.
Read more: http://www.timesunion.com/local/article/Jurors-have-questions-in-baby-death-case-2213085.php#ixzz1aVAJxzw5
By BOB GARDINIER Staff writer
Published 01:45 p.m., Tuesday, October 11, 2011
TROY -- Jurors returned to their third day of deliberations on Tuesday in the case of a Hoosick Falls father accused of killing his infant. The panel quickly asked for some legal definitions and to hear witness testimony.
In the trial, which has now entered its fourth week, Joseph McElheny, 32, faces murder, manslaughter, criminally negligent homicide, assault and endangering charges in the May 12, 2010 death of his baby daughter Ina Jane McElheny. An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine which led to an infection and death.
Jurors at about 12:30 p.m. asked Judge Andrew Ceresia to read to them the legal definitions of circumstantial evidence and of reasonable doubt. They also asked that the cross examination of prosecution witness Dr. Jeffrey Hubbard, the pathologist in the case, be read back to them.
Prosecutors claim McElheny abused the child and inflicted a blow to her abdomen which caused the perforation.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a congenital bowel condition that caused a blockage, which led to the perforation.
Read more: http://www.timesunion.com/local/article/Jurors-have-questions-in-baby-death-case-2213085.php#ixzz1aVAJxzw5
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by Avocado on Tue 11 Oct 2011, 1:24 pm
Jurors say they're deadlocked in baby death case, but continue to deliberate
Updated 07:05 p.m., Tuesday, October 11, 2011
TROY -- Jurors continued for the third day Tuesday to deliberate on whether they believe Joseph McElheny killed his infant daughter or believe defense claims that congenital health issues caused her death.
Jurors around 4 p.m. told Rensselaer County Judge Andrew Ceresia that they were deadlocked on three of the nine charges they must consider and may not be able to reach a unanimous verdict.
Ceresia then read them an Allen Charge, which is a prepared legal statement that urges them to try to continue to an agreement. Such charges are usually only given once to a deliberating jury.
During the reading of the charge, one juror openly shook her head 'no' to some of the statements indicating that she and possibly others felt the panel was at an impasse.
They then returned to the jury room and continued to deliberate into the evening and at times loud arguments could be heard in the court hallway coming from the room.
Over the past three weeks, jurors have heard testimony from three medical experts for the prosecution and three for the defense. There was no physical or forensic evidence offered connecting McElheny to the death of his 4-month-old baby, Ina Jane McElheny, and both he and his wife, Melinda Anders McElheny, gave statements to police and testified during trial that the baby was not abused at home. Many of their friends and co-workers also testified for the defense and all said the couple were good parents and the child was always happy and looked well.
McElheny, a stay-at-home dad who was nearly the sole caretaker of the child, according to testimony, faces charges of second-degree murder, second-degree manslaughter, assault and endangering the welfare of a child. The baby died May 12, 2010, at Albany Medical Center Hospital after being found unresponsive at the couple's Hoosick Falls home.
An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine that led to an infection and death.
Defense attorney Gregory Cholakis, in closing arguments Thursday, pointed out that the parents took 1,500 pictures and more than 200 videos of baby Ina Jane over her four-month life span.
"There was never even five days that went by that this child was not photographed and seen out visiting Staples, Stewart's or the bank, and on Facebook'' Cholakis told jurors. "He even had a web cam in the baby's crib ... and would anyone who is harming their child do that?"
"Sure, they said there are 1,500 pictures, but they only represent 1,500 seconds of the child's life,'' said Christa Book during her closing statements. "If you do the math, her life was 11,664,000 seconds long.''
Prosecutors have said the baby's broken bones in her legs and ribs were caused by an adult squeezing her torso and twisting her legs, and the perforated bowel was caused by a sharp blow to the abdomen.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a condition called rickets, which could cause bones to break during normal handling. They also contend the child had a congenital bowel condition called intussusception, a problem with the intestine in which one portion of bowel slides into the next, much like sections of a telescope. They said a blockage led to the perforation.
"Their expert witnesses have all used terms like 'probably,' 'most likely,' 'I would suspect,' 'usually,' and 'I would think so,' '' Cholakis said. "My client is kind of a nerdy, tech guy who would rather have an intelligent debate with you than become violent. Joe McElheny is not a monster.''
But Book countered that the father, who she called a control freak, inflicted the injuries and covered it up.
"She never lived long enough to talk, but if she did, her first word would have been 'help,' '' Book said. "He sat there all day long and watched his child die and did nothing about it.''
Book also criticized the defense team's expert witnesses, saying that, when pressed, the witnesses could not provide case studies proving their theories. She also noted that all the experts admitted they have not seen a child die of intussusception in at least 26 years.
The jury began deliberations Thursday afternoon after getting legal instructions on the charges they must consider.
Read more: http://www.timesunion.com/local/article/Jurors-say-they-re-deadlocked-in-baby-death-case-2213085.php#ixzz1aWSYq9R2
Updated 07:05 p.m., Tuesday, October 11, 2011
TROY -- Jurors continued for the third day Tuesday to deliberate on whether they believe Joseph McElheny killed his infant daughter or believe defense claims that congenital health issues caused her death.
Jurors around 4 p.m. told Rensselaer County Judge Andrew Ceresia that they were deadlocked on three of the nine charges they must consider and may not be able to reach a unanimous verdict.
Ceresia then read them an Allen Charge, which is a prepared legal statement that urges them to try to continue to an agreement. Such charges are usually only given once to a deliberating jury.
During the reading of the charge, one juror openly shook her head 'no' to some of the statements indicating that she and possibly others felt the panel was at an impasse.
They then returned to the jury room and continued to deliberate into the evening and at times loud arguments could be heard in the court hallway coming from the room.
Over the past three weeks, jurors have heard testimony from three medical experts for the prosecution and three for the defense. There was no physical or forensic evidence offered connecting McElheny to the death of his 4-month-old baby, Ina Jane McElheny, and both he and his wife, Melinda Anders McElheny, gave statements to police and testified during trial that the baby was not abused at home. Many of their friends and co-workers also testified for the defense and all said the couple were good parents and the child was always happy and looked well.
McElheny, a stay-at-home dad who was nearly the sole caretaker of the child, according to testimony, faces charges of second-degree murder, second-degree manslaughter, assault and endangering the welfare of a child. The baby died May 12, 2010, at Albany Medical Center Hospital after being found unresponsive at the couple's Hoosick Falls home.
An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine that led to an infection and death.
Defense attorney Gregory Cholakis, in closing arguments Thursday, pointed out that the parents took 1,500 pictures and more than 200 videos of baby Ina Jane over her four-month life span.
"There was never even five days that went by that this child was not photographed and seen out visiting Staples, Stewart's or the bank, and on Facebook'' Cholakis told jurors. "He even had a web cam in the baby's crib ... and would anyone who is harming their child do that?"
"Sure, they said there are 1,500 pictures, but they only represent 1,500 seconds of the child's life,'' said Christa Book during her closing statements. "If you do the math, her life was 11,664,000 seconds long.''
Prosecutors have said the baby's broken bones in her legs and ribs were caused by an adult squeezing her torso and twisting her legs, and the perforated bowel was caused by a sharp blow to the abdomen.
Defense experts testified the child had a vitamin D deficiency, which caused weak bones, and a condition called rickets, which could cause bones to break during normal handling. They also contend the child had a congenital bowel condition called intussusception, a problem with the intestine in which one portion of bowel slides into the next, much like sections of a telescope. They said a blockage led to the perforation.
"Their expert witnesses have all used terms like 'probably,' 'most likely,' 'I would suspect,' 'usually,' and 'I would think so,' '' Cholakis said. "My client is kind of a nerdy, tech guy who would rather have an intelligent debate with you than become violent. Joe McElheny is not a monster.''
But Book countered that the father, who she called a control freak, inflicted the injuries and covered it up.
"She never lived long enough to talk, but if she did, her first word would have been 'help,' '' Book said. "He sat there all day long and watched his child die and did nothing about it.''
Book also criticized the defense team's expert witnesses, saying that, when pressed, the witnesses could not provide case studies proving their theories. She also noted that all the experts admitted they have not seen a child die of intussusception in at least 26 years.
The jury began deliberations Thursday afternoon after getting legal instructions on the charges they must consider.
Read more: http://www.timesunion.com/local/article/Jurors-say-they-re-deadlocked-in-baby-death-case-2213085.php#ixzz1aWSYq9R2
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Wed 12 Oct 2011, 2:26 am
Jurors to try again in Troy baby death
Panel tells judge they are deadlocked on 3 of 9 counts in McElheny case
By Bob gardinier Staff writer
Updated 11:53 p.m., Tuesday, October 11, 2011
TROY -- Jurors in the trial of Joseph McElheny, accused of killing his infant daughter, were sent home at about 8 p.m. Tuesday after nine hours of deliberations failed to bring a verdict.
They'll return at 10:30 a.m. Wednesday for a fourth day of trying to reach a decision on whether they believe McElheny killed his infant daughter or the defense's argument that congenital health issues caused Ina Jane McElheny's death.
Around 4 p.m., jurors told Rensselaer County Judge Andrew Ceresia that they were deadlocked on three of the nine charges they must consider and thought they might not reach a unanimous verdict.
Ceresia then read them an Allen Charge, a prepared legal statement that urges them to try to continue to come to an agreement. Such charges are usually only given once to a deliberating jury.
During the reading of the charge, one juror openly shook her head "no" to some of the statements, indicating that she and possibly others felt the panel was at an impasse.
They then returned to the jury room and continued to deliberate into the evening, and at times loud arguments could be heard in the court hallway coming from the room. They also asked for a read-back about reckless endangerment.
Over the past three weeks, jurors have heard testimony from three medical experts for the prosecution and three for the defense. There was no physical or forensic evidence offered connecting McElheny to the death of his 4-month-old daughter, and both he and his wife, Melinda Anders McElheny, gave statements to police and testified during trial that the baby was not abused at home. Many of their friends and co-workers also testified for the defense and all said the couple were good parents and the child was always happy and looked well.
McElheny, a stay-at-home dad who was nearly the sole caretaker of the child, according to testimony, faces charges of second-degree murder, second-degree manslaughter, assault and endangering the welfare of a child. The baby died May 12, 2010, at Albany Medical Center Hospital after being found unresponsive at the couple's Hoosick Falls home.
An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine that led to an infection and death.
Defense attorney Gregory Cholakis, in closing arguments Thursday, pointed out that the parents took 1,500 pictures and more than 200 videos of Ina Jane over her life span.
"There was never even five days that went by that this child was not photographed and seen out visiting Staples, Stewart's or the bank, and on Facebook,'' Cholakis told jurors. "He even had a webcam in the baby's crib ... and would anyone who is harming their child do that?"
"Sure, they said there are 1,500 pictures, but they only represent 1,500 seconds of the child's life,'' said Christa Book during her closing statements. "If you do the math, her life was 11,664,000 seconds long.''
Prosecutors have said the baby's broken bones in her legs and ribs were caused by an adult squeezing her torso and twisting her legs, and the perforated bowel was caused by a sharp blow to the abdomen.
Defense experts testified the child had a vitamin D deficiency that caused weak bones and a condition called rickets, which could cause bones to break during normal handling. They also contend the child had a congenital bowel condition called intussusception, a problem with the intestine in which one portion of bowel slides into the next, much like sections of a telescope. They said a blockage led to the perforation.
"Their expert witnesses have all used terms like 'probably,' 'most likely,' 'I would suspect,' 'usually,' and 'I would think so,' '' Cholakis said. "My client is kind of a nerdy, tech guy who would rather have an intelligent debate with you than become violent. Joe McElheny is not a monster.''
But Book countered that the father, whom she called a control freak, inflicted the injuries and covered it up.
"She never lived long enough to talk, but if she did, her first word would have been 'help,' '' Book said. "He sat there all day long and watched his child die and did nothing about it.''
Book also criticized the defense team's expert witnesses, saying that, when pressed, the witnesses could not provide case studies proving their theories. She also noted that all the experts admitted they have not seen a child die of intussusception in at least 26 years.
Read more: http://www.timesunion.com/local/article/Jurors-to-try-again-in-Troy-baby-death-2213085.php#ixzz1aZdKwYWz
Panel tells judge they are deadlocked on 3 of 9 counts in McElheny case
By Bob gardinier Staff writer
Updated 11:53 p.m., Tuesday, October 11, 2011
TROY -- Jurors in the trial of Joseph McElheny, accused of killing his infant daughter, were sent home at about 8 p.m. Tuesday after nine hours of deliberations failed to bring a verdict.
They'll return at 10:30 a.m. Wednesday for a fourth day of trying to reach a decision on whether they believe McElheny killed his infant daughter or the defense's argument that congenital health issues caused Ina Jane McElheny's death.
Around 4 p.m., jurors told Rensselaer County Judge Andrew Ceresia that they were deadlocked on three of the nine charges they must consider and thought they might not reach a unanimous verdict.
Ceresia then read them an Allen Charge, a prepared legal statement that urges them to try to continue to come to an agreement. Such charges are usually only given once to a deliberating jury.
During the reading of the charge, one juror openly shook her head "no" to some of the statements, indicating that she and possibly others felt the panel was at an impasse.
They then returned to the jury room and continued to deliberate into the evening, and at times loud arguments could be heard in the court hallway coming from the room. They also asked for a read-back about reckless endangerment.
Over the past three weeks, jurors have heard testimony from three medical experts for the prosecution and three for the defense. There was no physical or forensic evidence offered connecting McElheny to the death of his 4-month-old daughter, and both he and his wife, Melinda Anders McElheny, gave statements to police and testified during trial that the baby was not abused at home. Many of their friends and co-workers also testified for the defense and all said the couple were good parents and the child was always happy and looked well.
McElheny, a stay-at-home dad who was nearly the sole caretaker of the child, according to testimony, faces charges of second-degree murder, second-degree manslaughter, assault and endangering the welfare of a child. The baby died May 12, 2010, at Albany Medical Center Hospital after being found unresponsive at the couple's Hoosick Falls home.
An autopsy showed the child had 18 fractures in various stages of healing and a perforated small intestine that led to an infection and death.
Defense attorney Gregory Cholakis, in closing arguments Thursday, pointed out that the parents took 1,500 pictures and more than 200 videos of Ina Jane over her life span.
"There was never even five days that went by that this child was not photographed and seen out visiting Staples, Stewart's or the bank, and on Facebook,'' Cholakis told jurors. "He even had a webcam in the baby's crib ... and would anyone who is harming their child do that?"
"Sure, they said there are 1,500 pictures, but they only represent 1,500 seconds of the child's life,'' said Christa Book during her closing statements. "If you do the math, her life was 11,664,000 seconds long.''
Prosecutors have said the baby's broken bones in her legs and ribs were caused by an adult squeezing her torso and twisting her legs, and the perforated bowel was caused by a sharp blow to the abdomen.
Defense experts testified the child had a vitamin D deficiency that caused weak bones and a condition called rickets, which could cause bones to break during normal handling. They also contend the child had a congenital bowel condition called intussusception, a problem with the intestine in which one portion of bowel slides into the next, much like sections of a telescope. They said a blockage led to the perforation.
"Their expert witnesses have all used terms like 'probably,' 'most likely,' 'I would suspect,' 'usually,' and 'I would think so,' '' Cholakis said. "My client is kind of a nerdy, tech guy who would rather have an intelligent debate with you than become violent. Joe McElheny is not a monster.''
But Book countered that the father, whom she called a control freak, inflicted the injuries and covered it up.
"She never lived long enough to talk, but if she did, her first word would have been 'help,' '' Book said. "He sat there all day long and watched his child die and did nothing about it.''
Book also criticized the defense team's expert witnesses, saying that, when pressed, the witnesses could not provide case studies proving their theories. She also noted that all the experts admitted they have not seen a child die of intussusception in at least 26 years.
Read more: http://www.timesunion.com/local/article/Jurors-to-try-again-in-Troy-baby-death-2213085.php#ixzz1aZdKwYWz
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by Avocado on Wed 12 Oct 2011, 12:57 pm
Joseph McElheny acquitted of manslaughter and murder in death of his 4-month-old daughter
Published: Wednesday, October 12, 2011
TROY — After 37 hours of deliberations, the jury found Joe McElheny not guilty of eight of the nine charges and deadlocked on the endangering the welfare of a child.
McElheny, of Hoosick Falls, was charged with killing his 4-month-old daughter Ina.
He faced charges of murder, manslaughter, criminally negligent homicide, reckless endangerment and four counts of assault. He was looking at 25 years to life.
Through the three-week trial, the defense and prosecution put on the stand dueling medical experts with one side claiming McElheny beat his daughter through her life fracturing a number of bones and the other saying the injury that ended up killing her – a torn bowel – was due to an intestinal condition.
Also taking the stand were a number of friends who called McElheny was a proud, happy father who liked to show his daughter off and that Ina was a happy child.
McElheny also testified in his own defense as did his wife and Ina’s mother Melinda.
McElheny was released on his own recognizance by Judge Andrew Ceresia while prosecutors determine what they want to do with the endangering charge. Since McElheny has spent the last 14 months in jail, even if convicted of the misdemeanor he will not see anymore jail time.
Published: Wednesday, October 12, 2011
TROY — After 37 hours of deliberations, the jury found Joe McElheny not guilty of eight of the nine charges and deadlocked on the endangering the welfare of a child.
McElheny, of Hoosick Falls, was charged with killing his 4-month-old daughter Ina.
He faced charges of murder, manslaughter, criminally negligent homicide, reckless endangerment and four counts of assault. He was looking at 25 years to life.
Through the three-week trial, the defense and prosecution put on the stand dueling medical experts with one side claiming McElheny beat his daughter through her life fracturing a number of bones and the other saying the injury that ended up killing her – a torn bowel – was due to an intestinal condition.
Also taking the stand were a number of friends who called McElheny was a proud, happy father who liked to show his daughter off and that Ina was a happy child.
McElheny also testified in his own defense as did his wife and Ina’s mother Melinda.
McElheny was released on his own recognizance by Judge Andrew Ceresia while prosecutors determine what they want to do with the endangering charge. Since McElheny has spent the last 14 months in jail, even if convicted of the misdemeanor he will not see anymore jail time.
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by Avocado on Wed 12 Oct 2011, 1:01 pm
I hope the new baby will be kept safe by the state of VT, since the mother doesn't have sense enough to leave.
Avocado- Pizza Delivery! Ding Dong!
Re: INA JANE McELHENY - 4 Months -(2010) Hoosick Falls (NE of Albany) NY
by mermaid55 on Wed 19 Oct 2011, 2:12 pm
Final charge dismissed against Hoosick Falls man
Posted: 10/18/2011 10:47:53 PM EDT
Tuesday October 18, 2011
TROY, N.Y. -- The final remaining charge against Joseph McElheny of Hoosick Falls was dismissed Tuesday morning in Rensselaer County Superior Court.
Prosecutors had the option of retrying the case with a new trial for the sole charge the jury remained deadlocked on after last week’s partial verdict. McElheny was released after being cleared of eight out the nine charges he faced in the 2010 death of his infant daughter.
The maximum sentence for the remaining charge, a misdemeanor count of endangering the welfare of a child, would have meant less jail time than McElheny already served awaiting trial. He had spent 14 months in Rensselaer County Jail before being released Oct. 12.
A mistrial was ultimately declared on the ninth charge after the jury could not come to a unanimous decision.
Judge Andrew Ceresia dismissed the charge with prejudice, meaning it cannot be brought to court again.
-- Zeke Wright
http://www.benningtonbanner.com/local/ci_19143083
Posted: 10/18/2011 10:47:53 PM EDT
Tuesday October 18, 2011
TROY, N.Y. -- The final remaining charge against Joseph McElheny of Hoosick Falls was dismissed Tuesday morning in Rensselaer County Superior Court.
Prosecutors had the option of retrying the case with a new trial for the sole charge the jury remained deadlocked on after last week’s partial verdict. McElheny was released after being cleared of eight out the nine charges he faced in the 2010 death of his infant daughter.
The maximum sentence for the remaining charge, a misdemeanor count of endangering the welfare of a child, would have meant less jail time than McElheny already served awaiting trial. He had spent 14 months in Rensselaer County Jail before being released Oct. 12.
A mistrial was ultimately declared on the ninth charge after the jury could not come to a unanimous decision.
Judge Andrew Ceresia dismissed the charge with prejudice, meaning it cannot be brought to court again.
-- Zeke Wright
http://www.benningtonbanner.com/local/ci_19143083
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
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» KIERA LUEVANO - 2 Months (2010) - Bakersfield CA
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