“Unexplained Injuries, Unexplained Bruising”: The Complicated Case of Baby Owyn
Course Description
On September 8, 2014, 7 week old Baby Owyn arrived at the Emergency Room of Gateway Regional Medical Center in Granite City, Illinois. Owyn’s mother, Ashley Wethington, and her boyfriend, Kamryn Kerr, provided only vague explanations for why Owyn was in obvious distress. Examination of the baby showed bruising on the chest and both acute and healing rib fractures. Further examinations revealed a skull fracture, additional rib fractures, a lacerated liver, a healed leg fracture, and bruising to the chest, back and head. This case study will highlight the extensive work done by the MDT to create a timeline of the 7 weeks of Baby Owyn’s life using medical records, police reports, witness statements, DCFS hotline documentation, jail informants, phone records, and the police interrogations. The investigation resulted in charges for both Wethington and Kerr. Further, this case study will examine the charging decisions made, discussing legal concepts of accountability and duty of care as well as pre-trial motions and evidentiary issues. Defendant Kerr exercised his right to a speedy trial and jury selection began just 4 months after Owyn arrived at the Emergency Room. Trial strategy, multimedia exhibit presentation and jury considerations will be detailed to provide insight and ideas for prosecutors presenting cases of complex medical evidence, non-verbal victims, and potentially sympathetic defendants while under the pressure of a fast-tracked trial.
Learning Objectives
1. Understand the importance of collaboration with medical professionals during the investigation of complex medical injury cases.
2. Utilize pre-trial motions to limit the focus of evidence the jury may consider and to ensure proper application of legal principles such as “great bodily harm” and “accountability”.
3. Develop an understanding for all MDT members of trial process and procedure and how it impacts the presentation of medical evidence.
2. Utilize pre-trial motions to limit the focus of evidence the jury may consider and to ensure proper application of legal principles such as “great bodily harm” and “accountability”.
3. Develop an understanding for all MDT members of trial process and procedure and how it impacts the presentation of medical evidence.
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