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Updated: 6:11 p.m. Monday, Oct. 22, 2012 | Posted: 4:14 p.m. Monday, Oct. 22, 2012
By Denise G. Callahan
During testimony today in the trial of Steven Haley — a Hamilton man accused of killing his girlfriend’s infant son — the child’s mother testified a 3-year-old could have been responsible for her son’s death, but police denied that theory.
Haley’s girlfriend was on the stand most of the morning, recounting the events in February when her unresponsive son was rushed to the hospital, where he later died.
The woman, a hospice medical assistant, testified she was working a double shift on Feb. 26 and Haley was watching her 4-month-old James Smith and her 9-year-old son.
She testified she was on the phone with Haley frequently that day because her younger son was colicky. She said she had complete confidence in Haley as a caregiver.
After a phone call at around 2:30 a.m., she rushed home when Haley told her James was “gasping.”
She said the baby often gasped after a fit of crying, but something told her this was more serious. When she got home, she said her instincts were correct.
“I heard him gasping from the hallway, but it was a different kind of gasping,” she said, demonstrating the sounds her son was making.
She said the infant was gray and his lips had turned blue. She attempted CPR and had Haley dial 911. The baby was taken to Fort Hamilton Hospital, then air lifted to Children’s Hospital in Cincinnati, where he later died.
Haley is on trial for murder and endangering children.
During cross examination, defense attorney Damon Halverson suggested her friend’s son and other children may have been in the room with the baby.
The woman testified her friend’s son has violent tendencies.
“I have seen him find a kitchen knife and chase children through the house and he got very close to stabbing my oldest son,” she said, her voice quavering. “There were also occasions I had seen outbursts of anger.”
The woman’s 9-year-old testified briefly Monday afternoon that his infant brother’s crying awoke him in the middle of the night. When he went to investigate, he testified he saw Haley trying to calm the baby by hoisting him in the air.
When asked how high out of Haley’s hands his baby brother went, the boy curled his small hand in a “C” shape indicating only a small distance. He said he had seen his mother use a similar technique to quiet his brother.
During opening statements, Assistant Prosecutor Jennifer McElfresh told Judge Craig Hedric that there was bruising on the front, back and sides of the infant’s head and blood seeped through multiple layers of his brain and in his eyes and he had a fractured rib.
Mark Henson, the lead detective on the case for the Hamilton Police, said the suggestion that a 3-year-old, 40-pound playmate could have caused Smith’s death was out of the question.
“He had just turned 3 years old, his size, and from the information I have received from the hospital about the amount of force that may be given to injuries such as this, I didn’t see any where, any way, any how that (name omitted) could cause the injuries to this baby,” Henson said.
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