State v. Mirand

715 A.2d 680 (1998)

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Nature of the Case

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Facts

D commenced living with his girlfriend and her two children D was twenty-one years old, his girlfriend was sixteen, her son was two, and her daughter, the victim, in this case, was four months old. D was not the biological father of either child. D took care of them and considered himself to be their stepfather and represented himself as such to the people at the Hospital where the victim was taken for treatment of her injuries following a 911 call by D that the child was choking on milk. the victim had multiple rib fractures that were approximately two to three weeks old, two skull fractures that were approximately seven to ten days old, a brachial plexus injury to her left arm, a rectal tear that was actively 'oozing blood' and bilateral subconjunctival nasal hemorrhages. The trial court determined that the injuries had been sustained on three or more occasions and that none of the injuries had been the result of an accident, but found that the injuries, many of which created a risk of death, had been caused by great and deliberate force. The court also determined that anyone who saw the child would have had to notice these injuries, the consequent deformities, and her reactions. the trial court found that the D had been aware of the various bruises on her right cheek and the subconjunctival nasal hemorrhages, as well as the swelling of the child's head, that he knew she had suffered a rectal tear, as well as rib fractures posteriorly on the left and right sides, and that he was aware that there existed a substantial and unjustifiable risk that the child was exposed to conduct that created a risk of death. The court held that D had a legal duty to act and had failed to act. D was found guilty of one count of § 53-21 and six counts of § 53a-59 (a) (3). D appealed.