United States v. Robertson

37 M.J. 432 (1993)

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Nature of the Case

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Facts

D had a son, Brad, that lived with his mother after a divorce. Eventually, the boy reestablished relations with D in 1987 and visited his father in New Jersey during spring break in 1988. Brad was well along in his journey of self-destruction with respect to anorexia. Brad had been hospitalized once before he came into D’s care. D received no information about the prior incident nor did he know or understand the nature of Brad’s weight loss which the mother had never told the doctor’s about. D and his wife did notice that Brad looked thin when he arrived. Brad picked at food and did not eat much and also complained of dizziness. D took him to the emergency room. When examined it appeared that while D was in the 50^th percentile for weight no one knew of the prior problems, but the Dr. did talk to D and Brad about anorexia. Over the next few weeks, D noticed that Brad was not eating which he believed was typical for a 15-year-old boy. D wanted to take Brad back to the Dr., but Brad resisted. During the three months of living with D, Brad engaged in a pattern of conscious deceit. Brad would cook dinner for D and his wife and when asked why he was not eating he would reply that he had eaten before. Brad returned to his mother and had a doctor appointment the next day. The mother noticed that he looked hideous. The mother called and told the doctor she would bring him in the next day. The next morning, she found him dead. D was charged with involuntary manslaughter. During trial, an expert testified about the nature of anorexia and parents who try to cope with such problems. The expert said they can’t really do anything right or wrong and can only attempt to get the child to treatment and hope those treating the child are competent. D was convicted of involuntary manslaughter and appealed.