People v. KB

- The Defendant was charged with Aggravated Battery to a child, with a sentencing range of 12 to 60 years with all charges, based upon “shaken baby syndrome. The Defendant was the caretaker of a foster child whom obtained severe brain injuries and retinal bleeding as a result of Defendant allegedly shaking the baby so violently that the top of her brain dislodged from the skin or membrane in the skull, causing a subdural hematoma, where the baby could not breathe without a respirator or carry on normal bodily functions. The Defendant alleged the baby fell out of a crib; however, the State argued that the scientific evidence showed that this type of injury could not occur from a 5-foot fall. However, Defendant retained a biomedical mechanical engineer, a brain surgeon, a medical researcher, a psychologist and psychiatrist, whom were all able to convince prosecutors and the trial court, after several hearings, that the fall from the crib was possible, and that Defendant’s “ADHD” contributed to her lack of attention for a hyper active, crack baby, falling out of the crib. The resulting charge was significantly reduced, but there was liability for neglect and abuse of the child, while in the care of the Defendant for her failure to properly supervise the child. As was noted, the crime was significantly discounted and the punishment greatly diminished. Thus, the Defendant received a 3-year sentence at 50% time, and actually served about 10 months total in the Department of Corrections for a simple aggravated battery, instead of a minimum of 12 years to 60 years at 85% time, or “Truth & Sentencing” to apply upon the original charge.