Lawyer contends baby death case was '...

Lawyer contends baby death case was 'mishandled' - Hawaii News

There are 31 comments on the Honolulu Star-Bulletin story from Jun 16, 2009, titled Lawyer contends baby death case was 'mishandled' - Hawaii News. In it, Honolulu Star-Bulletin reports that:

The attorney for a 26-year-old Mililani woman charged with second-degree murder in the death of her 7-week-old nephew says police "mishandled" the case and that the infant had a pre-existing medical condition.

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Honolulu, HI

#25 Jun 16, 2009
Fang wrote:
This attorney would defend the devil himself. I remember this patriot at rallies against the 1st Gulf War and in support of Saddam Hussein.
When I worked at the PD, there were defense attorneys like this one who everyone dispised. Of course, if anything bad happened and you became the defendant, these were the guys that you went running to.

Honolulu, HI

#26 Jun 16, 2009
What about the boyfriend? He was in the house at the time, why isn't anyone looking at him?
And like it or not, what was the deal with the ambulance? Wahiawa General isn't set up for pediatric cases like this.
There is alot more to this tragedy than meets the eye.

Fort Huachuca, AZ

#27 Jun 16, 2009
Mililani Girl wrote:
<quoted text>
It doesn't matter where Maika got his last name from-it is irrevelent to the situation.
you can bet that the prosecution will bring it up. it's never irrelevent.
an aunt myself

Kahului, HI

#28 Jun 16, 2009
Old Time Observer wrote:
If I was the person investigating this case I wouldn't do JACK ****. I'd let these people figure it out for themselves, all parties involved are either related by blood or marriage. I just do the least bit to cover my okole and let the folk's involved live with the shame and guilt. Save the TAX PAYER'S MONEY!!!!!! The Westbrook's gotta be hurt that family situation's are being aired out in public, the cop's, medical exmanier, judge, and prosecutors are just doing their job, the only one gaining (monetary) from this is that SNAKE HAOLE Seitz.
There is no more interested party than the family of baby Maika. They will find out the truth, and make sure that justice is served. Aunties do not shake to death the offspring of their siblings. Something else is going on....

San Diego, CA

#29 Jun 16, 2009
an aunt myself wrote:
<quoted text>
Aunties do not shake to death the offspring of their siblings. Something else is going on....
Oh yeah?! Talk to Rose Makekau and her "entourage" puhleeze get real...unfortunately, mommies, daddies, uncles, aunties, brothers, sisters, etc, etc, etc KILL. Wake up "aunty"
Loco Moco

Honolulu, HI

#31 Jun 16, 2009
It won't be at all difficult for the coroner to tell the difference between a 7-week-old resolving cephalohematoma acquired at birth, vs. a new injury with liquid or freshly clotted blood. Even Alice could make that determination.

Seitz is merely throwing up a classic defense-attorney smokescreen. He's doing his job, but his medical ignorance is readily apparent.

Honolulu, HI

#32 Jun 16, 2009
Let's string up and hang the Mom and any other relatives involved after quickly finding her guilty... of something..of anything. Then teach the defense attorney a lesson too that when you walk in scum, it rubs off.

Kailua, HI

#39 Jun 17, 2009
Lawyers only try to defend to the best of their abiltiy. They will do anything including mis-direction to find their clients innocence. Lawyers will instead focus on technical issues and that's what Seitz is doing. Seitz will blame the doctors, police and the coroner on how they handled the whole situation. He's hoping to get the case thrown out by technical reason. Hopefully the judge or jury will focus on 'who' really killed the baby.
Someone is guilty and hopefully they'll find the culprit.

I find it sad that when the family were shown on TV I didn't see anyone crying! Nothing is sadder when no one wept for baby's death including families.

San Diego, CA

#40 Jun 17, 2009
kanehi wrote:
Someone is guilty and hopefully they'll find the culprit.
I find it sad that when the family were shown on TV I didn't see anyone crying! Nothing is sadder when no one wept for baby's death including families.
I hope that they are all in shock, because this girl showed no emotion whatsoever in court, jsut that "whatever" attitude.

Minneapolis, MN

#41 Jun 24, 2009
How sad as I was hoping Hawaii would stay immune to the garbage so-called science surrounding SBS that is inflicting the mainland. Before you blame this woman, research the facts on SBS and how it's getting more and more scrutiny as SBS is based solely on a theory! Even the father who coined the term SBS later questioned the theory.
Research Dr. Smith out of Canada and how he caused the conviction of many innocent parents and care givers over false SBS allegations. Look at Dr. Haynes out of Mississippi and his work on SBS cases. Research people like Ken Marsh, Audrey Edmunds and Alan Yurko on how the faulty science around SBS is always changing. Doctors do not research and look for all underlying medical conditions and routinely rule SBS and neglect proper protocol to ensure they are treating these children appropriately and preventing their deaths.
Below is a partial story that just ran this week.
Faulty Science?
Monday, June 22nd, 2009 6:28 am
Mistaken diagnoses of Shaken Baby Syndrome may have sent thousands of innocent people to prison, according to a new study
Exclusive to The Crime Report
In October, 1995, when police charged Audrey Edmunds, a Waunakee, Wis. day care provider, with the murder of a seven-month-old girl who had been left in her care, prosecutors said she had shaken the baby to death.
A medical expert testified at trial that the child had suffered critical injuries that were the hallmarks of Shaken Baby Syndrome. A jury convicted Edmunds and she was sentenced to 18 years in prison.
At the time the case was unremarkable—one of thousands of successful prosecutions during the past 30 years of parents and other care-givers who have been found guilty of charges ranging from manslaughter to murder, based on findings of what is known as the triad—retinal hemorrhage, bleeding in the brain and brain swelling. Shaken Baby Syndrome (SBS) is one of the few instances in the criminal justice system where the diagnosis is the basis for prosecution.
Last year, however, in a remarkable turnaround, one of the physicians that testified against Edmunds told a judge that he was no longer confident that the injuries were inflicted by Edmunds and that they could have occurred many hours before the baby was dropped off.
Edmunds was granted a new trial by a judge who ruled that the testimony “shows that there has been a shift in mainstream medical opinion.” In effect, the scientific foundation of the syndrome had been undermined to the extent that a new jury would probably have a reasonable doubt about Edmunds’ guilt.
The case was dropped and Edmunds was freed.
That was good news for Edmunds—whose freedom is the result of work done by the Wisconsin Innocence Project—but what about the thousands of others convicted during the past two decades as a result of the same medical testimony that put Edmunds behind bars?
A soon-to-be-published analysis of shaken baby cases and recent developments in the medical community by University of Maine School of Law professor Deborah Tuerkheimer presents persuasive evidence and raises troubling questions about whether many of these convictions were of innocent people who were found guilty on the basis of faulty science. The analysis is scheduled to be published in September by Washington University Law Review.
Tuerkheimer, who is joining the DePaul University College of Law faculty on July 1, points to new research in the United States and abroad showing that a variety of circumstances, including something as seemingly innocuous as falls from a short height, can cause fatal head injuries that appear very similar to injuries routinely diagnosed as SBS.
If research shows that the physical conditions that once automatically resulted in a prosecution could actually have been the result of an accident, the implications are enormous.

Ewa Beach, HI

#42 Oct 23, 2012
Her story just doesn't make sense. At 7 weeks old you can't roll on your own. If she did kill him it was probably an accident but fess up. Why put your burden on everyone else. And why was the mother not watching her own child at that age. She's to blame just s much. If you can't take care of your child don't have it. Especially being that she wasn't together with the father. And a mother should stay home the first two or three months and take care of him. Not run around careless and irresponsible. I hope justice is served. That poor baby was better off not being brought into this world.

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