Boy Interrupted
You can hate me if you want to, but I'm happy he's off the street. I'd hate to be in his situation and God knows it's probably the scariest thing ever, but it's necessary when you're crazy and can't sit still long enough to accept help. Now he'll have no choice, and hopefully it's a good thing.
I almost felt bad until I heard that not only were there eight different stories surrounding his death, but one of them was "I was playing bouncy with the kid and when he scared me grabbing my head I "dropped" him and there was suddenly a 7" fracture in his skull". I'm paraphrasing, but got dang it Joey! If a dead kid can't get you to tell the truth, or at least stop being you long enough to try and help yourself, then I guess you get what you deserve.
I'm ranting, if you're confused check the Joey tag.
Published Thursday April 16, 2009
Verdict is guilty in death of 1-year-old
BY TODD COOPER
WORLD-HERALD STAFF WRITER
Joleet Poole, 25.
The judge noted the 7-inch-long skull fracture to 1-year-old Davion Winrow. The massive bleeding and swelling to his brain. The retinal hemorrhages.
The eight varying stories his caregiver provided to police as to how those injuries occurred - each version evasive but evolving to involve a little more force on the child.
All of that added up to one conclusion, Douglas County District Judge Mark Ashford said.
Joleet Poole, 25, is guilty of child abuse resulting in death for the head trauma that killed Davion.
"I find beyond a reasonable doubt, in fact beyond any doubt at all, that he is guilty of child abuse resulting in death," Ashford ruled Wednesday.
In doing so, the judge hinted at doubts he had about the Nebraska Department of Health and Human Services' placement of Davion with Poole.
Poole took custody of Davion, a child born to a crack-addicted mother, just four days before the infant's Sept. 27, 2007, death.
An HHS caseworker paved the way for placing the child with a then-23-year-old single, epileptic man who had no parental experience and a troubled upbringing of his own.
HHS officials have refused to comment, saying a state law in place at the time prohibits them from discussing the case.
"It's obvious that Mr. Poole wasn't ready to handle this baby," Ashford said. "And there is no question whatsoever that Davion was placed in a situation that endangered his life."
However, Ashford said, a judgment on HHS's placement of the child will have to wait for "another day."
As Ashford declared him guilty, Poole dropped his head and cried softly. He will be sentenced in July. He faces between 20 years and life in prison.
Poole had testified that he was playing a game in which he hoisted the child above his head and lowered him to his lap. At one point, he said, the child grabbed his hair, causing him to recoil and to drop the child onto his head.
Ashford's guilty finding was a sea change from Tuesday, when the judge questioned in court whether he could find Poole guilty of manslaughter - a lesser charge punishable by a maximum of 20 years in prison.
The judge had prosecutors sweating - and defense attorneys hopeful - when he questioned whether manslaughter would apply if he found that Poole's actions were merely reckless or negligent.
Prosecutor Steve Gabrial argued that no Nebraska judge or jury has convicted a defendant of manslaughter, instead of child-abuse resulting in death, when the defendant was on trial on the charge of child-abuse resulting in death.
And both Gabrial and prosecutor Beth Beninato pointed out that Poole didn't come up with the story about tossing the child for more than a week after the child's injury. He never told hospital personnel that story - instead merely mentioning that the child had fallen off a bed.
Wednesday, Ashford indicated his questions about manslaughter became a moot point after his review of the evidence.
A doctor hired by the defense had testified that the injury could have been accidental.
However, three doctors testified for the state that Davion's skull fracture was so massive that it crossed the sutures - the fibers holding together the sections of an infant's skull.
And Ashford noted that Poole kept changing his story as to how the injury could have happened - making it improbable that it was accidental.
"Obviously this case is extremely tragic," Ashford said. "Davion had a very difficult, short life."
That fact was not lost on those gathered at the trial.
Foster mother Olympia Poydras had taken the stand and laid bare her regret at handing over Davion to Poole.
Poydras testified that she slowed down the adoption process - giving Davion to Poole on weekends - because she feared Poole wasn't ready.
Poydras said she didn't know anything about Poole's past, including the fact that his mother's parental rights were terminated after he stabbed another child at age 8. Poole was given mental health treatment and grew up in foster care.
HHS approved Poole for adoption after he went through state-required training.
As she handed over Davion four days before his death, Poydras urged Poole to bring Davion back to her if he couldn't handle the child.
Tuesday, Daniel Stewart and other members of Poydras' church, Bethesda Temple Seventh-day Adventist, gathered to watch Poole's verdict.
Stewart said he considered himself an uncle of Davion and a friend of Poole, who worked as musical director at Bethesda Temple.
After watching the trial, Stewart had no qualms about Ashford's verdict.
He said he aches for Poydras and grieves for Davion.
"Awful," he said. "If she could have seen into the future, there's no way in the world Olympia would have allowed what happened to happen.
"She loved Davion as if he was her own child. We all did. That's a mighty big scar."