9/21/12 Shreve woman not guilty in death of 15-month-old girl
By Nick Sabo
September 21, 2012
363
SUMMARY: Jury trial heard medical testimony from state, defense
A Shreve woman was found not guilty Thursday Sept. 20 at the close of a four day jury trial of charges brought in the death of a 15-month-old Wooster girl.
Kelly M. Kline, 34, 4599 S. Firestone Road, Sheve, was found not guilty by a jury of three women and nine men on charges of murder, two counts of assault, involuntary manslaughter and endangering children.
The charges stem from March 28, 2011, when Kline was babysitting Wooster toddler Emma Young. While at Klines residence, Ella slipped into respiratory failure and did not recover. Emma died the next day, March 29, at Akron Childrens Hospital.
Wayne County Assistant Prosecuting Attorney John Williams and Klines attorney, John Johnson Jr., offered very different scenarios into what caused Ellas death. The states case was built around medical evidence that suggested injuries to Ellas eyes and brain were caused by shaken baby syndrome. Johnson offered expert testimony by forensic pathologist Dr. John Plunkett, who asserted that a prior trauma, suffered by Ella days before March 28, caused progressive swelling in Ellas skull. Johnson attributed the trauma to an accidental fall Ella suffered March 22 at her home.
Plunketts opinion was based on review of a March 29, 2011 autopsy by Summit County Medical Examiner Dr. Lisa Kohler and Ellas medical records.
Testifying Tuesday Sept. 18 for the state, director of Akron Childrens Child At Risk Evaluation (CARE) center Dr. Daryl Steiner said he observed retinal skesis in Ellas eyes when evaluating her March 28. Steiner testified that Ellas retina had pulled apart into two halves, leaving a cavity between. This type of injury could only be caused by the head being shaken back and forth in a whiplash fashion, Steiner said. The shaking would have to be very violent, Steiner said, rocking the head back and forth on the neck in a 60 degree arc at a rate of three to five times per second.
Steiner said Ella would have been knocked unconsciousness immediately after suffering the injury and would not have regained consciousness.
Also Tuesday, Kohler testified that in her findings of a March 29, 2011 autopsy of Ella, swelling in the brain was likely caused by a blunt force trauma but said that violent shaking should also be strongly considered.
Ellas mother, Michelle Young, testified Monday, Sept. 17, that Ella was normal after she fell down the stairs March 22. Michelle Young testified that she checked Ellas eyes with a flashlight to see if her pupils were dilating and stayed up a little later than normal with her.
Ella was sick March 24, vomiting several times. Michelle Young stayed home with Ella the next day, and Ellas grandparents testified that during a visit March 27, Ella was her normal self.
Kelly Kline took the witness stand Wednesday and testified to the events of March 28. She said Ella looked ill, and at approximately 9:15 a.m. she rocked Ella to sleep. She put Ella down for a nap.
Kline said when she checked on Ella at lunchtime, Ella was not breathing normally. Kline said she tried unsuccessfully to wake Ella.
The jury returned its verdict Thursday after a four hour deliberation. The jury started its deliberations Wednesday, but broke for the evening after a juror had to leave to be with sick mother.
A charge of endangering children brought in the original indictment against Kline was thrown out by Judge Corey Spitler during the course of the trial on a motion by Johnson.
