State v. Brown

836 S.W.2d 530 (1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Eddie was born in 1982 to D and his co-defendant, Evajean. D and Evajean were not living together at the time of the birth and were later divorced. Right from birth, Eddie was disadvantaged in his growth and in a stable family life. At age three years and four months, Eddie was not yet toilet trained, and could only speak single words. One day, Evajean took Eddie to see the doctor because he had fallen down 15 stairs. There were no injuries from the fall, but Eddie’s penis was red, swollen, and tender to the touch. His last visit to the doctor had been almost a year before. D and Evajean had reconciled by this particular doctor visit. Eddie was a hyperactive child with a speech problem and severe emotional, behavioral problems. On April 10, 1986, a next-door neighbor heard a fight at D’s house and heard something heavy hit the wall. Evajean called an ambulance claiming that Eddie had fallen down the stairs and was not breathing. Eddie’s heartbeat was eventually restored, but he was brain dead. Eddie had suffered two or three skull fractures. Repeated blows to Eddie’s head caused cerebral hemorrhages and swelling. The pressure on his skull resulted in his vomiting and his ultimate death. An expert claimed that the injuries were due to violent shaking back and forth. Eddie also had internal injuries that included hemorrhaging of the duodenum consistent with a blow by a fist to the upper abdomen. Blood was also found in his urine, but that may have resulted from cardiac arrest or from blows to the abdomen, liver, and kidneys. Eddie also had bruises of various ages all over his body. He had a broken arm that had not been treated that occurred at least three to four weeks before his death. D could not explain the old bruises on Eddie but admitted to spanking him and feared that any attempt to fix the broken arm would have resulted in no one believing that he did not cause the injury. D claimed that on the night of the homicide, he blacked out and could only remember spanking Eddie. D’s hand was badly swollen from a previous injury and D claimed that he could not have hit Eddie as it was too painful. Blood evidence was found throughout the apartment. D was convicted of first-degree murder and child neglect. D appealed.