Saturday, May 27, 2006

Shaken baby syndrome responsible for baby's seizures!

A mother's weeping punctuated a sentencing hearing yesterday for the man who violently shook their baby last year, causing severe and permanent injuries.The woman, whose attorney said her client wanted the father punished, ran from the courtroom wailing after Judge Theodore Tyma sentenced Kendu Newkirk, 31, of Stamford to eight years in prison.

Newkirk shook his 11-week-old daughter late on May 10, 2005, because she wouldn't stop crying, authorities said. The baby was rushed to Stamford Hospital after Newkirk reportedly noticed she wasn't breathing properly and went limp when he picked her up.The baby suffered skull fractures and brain bleeding, doctors said. She was transferred to Yale-New-Haven Hospital because of the seriousness of her injuries.

During yesterday's hearing at state Superior Court, Tyma said Newkirk's actions had "horrific consequences.""This baby will never, never function normally," said Stamford attorney Lisa Kouzoujian, who represents the mother.Senior Assistant State's Attorney Richard Colangelo said the 15-month-old infant is legally blind in one eye, suffers seizures, doesn't sit up or crawl and has the mental capacity of a 3-to-5-month-old.Arguing for a 10-year prison sentence, Colangelo said Newkirk's assault was "probably one of the worst cases of child abuse" the prosecutor has seen."She's not going to be able to play with her siblings," he said.

"She's not going to be able to . . . go to school like a normal child."Kouzoujian said the incident was devastating to the family. The mother's children were removed from her home, and she may never regain custody of her baby, the attorney said.The infant lives in a therapeutic foster home in the custody of the state Department of Children and Families. The mother is trying to get back three children who aren't Newkirk's, Kouzoujian said.

Authorities still don't know the full story of what happened to the baby, as doctors found old and new brain wounds and skull fractures resulting from more than one impact to the head, Colangelo said.Newkirk faced four to 10 years in prison after pleading guilty in February to first-degree assault and two counts of risk of injury to a minor.Tyma cited the severity of the baby's injuries yesterday in handing down Newkirk's sentence, which includes seven years of special parole. Another factor in Tyma's decision was Newkirk's initial failure to admit responsibility and help doctors by providing a proper history, he said.

"You did not accept or admit your responsibility at the time that your daughter most needed it . . ." Tyma told Newkirk.Newkirk admitted he shook the baby 21Ú2 months later, after police said they would administer a polygraph, the judge said.Public defender Howard Ehring asked for a four-year prison term, saying Newkirk took responsibility for his mistake, admitting he lost his temper and shook the baby.Ehring said it was important to consider the type of father Newkirk was before the incident.

He sometimes held two jobs and had arrived home tired after working a double shift before shaking the crying baby in a "burst of frustration," the attorney said."He loved her very much," Ehring said.Newkirk looked upward and appeared overcome with emotion when offered the chance to address the court yesterday."I don't think he can speak, your honor," Ehring said.

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