Calgary Herald

Child was hit hard, expert testifies

- JASON VAN RASSEL jvanrassel@calgaryher­ald.com twitter.com/JasonvanRa­ssel

There is no medical evidence that can prove who caused the fatal injuries that led to the death of six- year- old Meika Jordan, a leading forensic pathologis­t testified Tuesday.

Meika’s father Spencer Jordan, and stepmother Marie Magoon, are accused of first- degree murder in the girl’s death in hospital a day after paramedics found the girl unconsciou­s without a pulse in the couple’s northeast Calgary home on Nov. 13, 2011.

Dr. Christophe­r Milroy — a prosecutio­n expert who reviewed Meika’s autopsy report and medical history — earlier testified that at least five significan­t blows to the girl’s head, coupled with an abdominal injury that included a torn pancreas, led to swelling in her brain that eventually caused cardiac and respirator­y failure.

Milroy told Crown prosecutor Susan Pepper the injuries inflicted in the hours prior to her death — which also included bruises and numerous laceration­s covering her body — led him to conclude Meika was an abused child. It was a case of abuse he placed at “the most severe end” of abuse files he has seen in a career spanning 25 years.

“They present to me the typical appearance of what we’d call child abuse,” Milroy said.

“They’re multiple injuries, of different types, at different times over multiple areas of the body.”

Under cross- examinatio­n from lawyer Mitch Stephensen, Milroy wasn’t able to say who inflicted the blows to Meika’s head that contribute­d to her death.

“Assume hypothetic­ally that one accused inflicted three significan­t impacts to the head of the deceased and so did the other accused, unbeknowns­t to each other. How do you determine which person inflicted the fatal head injury?” Stephensen asked.

Milroy replied there was no way of determinin­g that based on medical findings.

“From a pathology point of view, I can’t separate whether all of these injuries were caused by one person, or whether they were caused by two, or whether they were caused by more than two. So, I couldn’t differenti­ate in that scenario — there may be other evidence that would help in terms of what the child’s condition was after that impact, but that would require observatio­nal evidence that I don’t have,” he said.

Under direct examinatio­n by Pepper on Monday, Milroy said the fatal blow or blows would have happened between eight hours and two hours before paramedics arrived because it would have taken time for the swelling in her brain to reach the point where it caused cardiac and respirator­y arrest.

Jordan, 29, and Magoon, 25, allegedly told paramedics arriving at their home that Meika had fallen down the stairs approximat­ely 15 minutes earlier.

Stephensen asked if it was possible Meika could have been fatally injured during that time frame. Milroy said the medical evidence in this case doesn’t support that scenario — but he also concurred with a suggestion from Stephensen that it’s difficult to pinpoint when Meika sustained the head injury that led to her death.

“It’s not an exact science,” he said.

The trial continues before Justice Rosemary Nation, who is hearing the case without a jury.

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