Justice never served in babies death!

[Skeener]

In 1986 in Ohio, a man shook his 3 month old daughter severely. The baby was placed on life support systems later that day and never recovered. She had severe brain damage and internal injuries and had to be placed in a nursing home.

It was classified as "shaken baby syndrome" and he was charged and convicted of child endangerment (4th degree felony). He was sentenced to 1 year in prison.

He served his year and about 4 months after he got out, the baby (22 months old) passed away.

He was never charged for the death of this innocent little baby.

Can he still be charged for the death and justice be served for what he had done to his little girl in 1986? If so, what steps do I need to take?

Thanks in advance for any advice!

 

[kat1963]

I'm not a lawyer, but have taken criminal law classes in college. I do believe that this would most probably fall under *Double Jeopardy*clause of the Fifth Amendment of the Constitution. He has already been tried for his crime against the child, he can not be tried again because the baby died at a later time. The prosecution was probably informed that the baby could (and did) live for several years afterward, or perhaps that it wouldn't die from the injury but secondary infections (other variables, request the records to find out) and the defendent also has the right to a speedy trail..... That is why, such as in the recent dog mauling case, the sicko's were charged with murder 1, murder 2 ect. so that the jury would have an option, if they didn't feel it was murder 1 (and that was all they were charged with) the case would have been dismissed and they couldn't have been brought back to trial for any lessor charges of murder 2 ect.

This of course doesn't stop someone from suing him in civil court...think O.J.

KAT

 

[talianna]

Probably not...

Not only because of the double jeopardy thing, but also because the baby survived more than a year after the incident.

Like the other person that replied, I'm only a student, but from what I recall of that class, I seem to remember something about the victim having to die within a year and a day of the incident.

I agree, the time he served wasn't enough, but unfortunately, that's probably all they could guarantee they'd get him with.