9/19/12 Injuries that killed 15-month-old girl took at least three to four days to reach critical period, defense witness says
By Nick Sabo
September 20, 2012
315
SUMMARY: Defendant, Kelly Kline, testifies
A forensic pathologist testifying Wednesday Sept. 19 in Wayne County Common Pleas Court said the amount of force necessary to cause severe retinal hemorrhages in the eyes of a toddler would result in damage to the neck similar to decapitation.
Dr. John Plunkett testified that for retinal skesis to have been present in eyes of 15-month-old Ella Young, she would have to have been shaken with such force as to totally decapitate someone.
Plunkett testified in the third day of a jury trial in which Kelly M. Kline, 34, 4599 S. Firestone Road, Sheve is charged with murder in the March 29, 2011 death of Ella Young. Plunkett was called by Klines attorney, John Johnson, Jr., as an expert medical witness.
Wednesday was the final day of testimony, and saw Kline take the witness stand in her own defense.
Retinal skesis is the separation of the retina into layers. Akron Childrens Hospital physician Dr. Daryl Steiner testified Tuesday that he noted retinal skesis in Ellas eyes, and said he believed the separation was caused by violent shaking that caused the head to move back and forth quickly in a whiplash fashion.
Plunkett testified that his review of Ellas medical records and a March 29, 2011 autopsy indicated Ella suffered a traumatic event three to four days prior to her arrival at Akron Childrens Hospital March 28. This traumatic event caused progressive swelling in Ellas brain, Plunkett said, that eventually caused her brain to shut down respiratory functions.
Plunkett said he could not determine if the traumatic event was a March 22 fall down stairs Ella suffered at home, but that the fall could have been what caused the swelling to start.
Plunkett dismissed the findings of Steiner and Summit County forensic pathologist Lisa Kohler, who performed the autopsy on Ella, noting that neither found any damage to Ellas neck. Plunkett further said that retinal hemorrhages are no longer considered to be indicative of shaken baby syndrome. He said the amount of force necessary is too great to be exerted by shaking, and that the symptoms associated with shaken baby syndrome are consistent only with a forceful impact.
Kline testified that on March 28, 2011, she was babysitting Ella and several other children at her Firestone Road residence. Ella looked pale, very tired, when her mother, Michelle Young, dropped her off that morning, Kline said. Kline said she rocked Ella to sleep at about 9:15 a.m., then put her down for a nap. She checked on Ella a short while later, and Ella was sleeping peacefully.
When she checked on Ella at lunchtime, Kline testified, Ella was having trouble breathing.
I rubbed the side of her face, I said her name, I put my finger in her little hand, and there was no response, Kline said.
Opening Ellas eyes, Kline said Ella was staring right at her.
Kline said she called Michelle Youngs home phone, then tried Michelle Youngs cell phone. She finally called Michelle Young, who teaches first grade, at school.
In interviews with Wayne County sheriffs deputies, Kline originally stated that she checked on Ella at 11:45 a.m. The call to Michelle Youngs residence was placed at 12:16 p.m., and Kline called for an ambulance at approximately 12:35 p.m. after talking to Michelle Young at school.
Ella died 12:10 a.m. March 29 at Akron Childrens Hospital.
Kline said she feels now that the time she gave deputies was inaccurate, as she did not look at a clock when going to check on Ella. She said the last time she looked at a clock was the one on the stove while preparing lunch, at 11:45 a.m.
The jury began deliberations at approximately 2:45 p.m. and Judge Corey Spitler suspended deliberations at 4:50 p.m., due to a juror who needed to be with his sick mother that evening. The jury is to recommence deliberations today at 8:30 a.m.
