The Atlanta Journal-Constitution
Attorney: Take baby off life support
Court motion filed; 3-way legal tug-of-war over girl’s fate possible.
The court-appointed attorney for Baby Dinah has submitted a motion asking a court to order that the infant, who police say was abused by her father, be removed from life support.
“My client’s best interests dictate that she be removed from the machines that are artificially extending her death, so she may be at peace,” said attorney Jessica Van Hall in the motion submitted Thursday.
The motion is expected to be heard on Wednesday during a hearing in Walton County Juvenile Court, along with filings by both sets of grandparents asking for custody of the infant. The hearing could emerge as a legal tug-of-war between the three parties vying for control of the baby’s fate.
Dinah Paige Whited has been on life support since April, when police say her father severely injured her. She was only 7 weeks old at the time.
Her father, Justin Whited, has been charged with injuring her so badly that the girl suffered bleeding on the brain, two broken collar bones and breaks in every rib but three. Her mother, Jamie Whited, is charged with neglecting to protect the little girl. Both remain in jail.
Both parents have said that they did not abuse the child.
Van Hall asserts in the motion that Dinah is in a vegetative state, and that Justin Whited has refused to remove his daughter from life support because the charges against him could escalate to murder.
“Dinah’s parents are incapable of separating their self-interest from Dinah’s needs,” Van Hall said. “Since her parents are incapable of putting Dinah’s needs before their own interests, this court should issue an order for removal of the breathing tube that prolongs Dinah’s suffering.”
She also remains on a feeding tube, a heated bed and catheterization. If removed from the ventilator she does not breath on her own, the attorney said.
Doctors at Children’s Healthcare
of Atlanta at Egleston had thought they might remove the child from life support about two weeks ago, but one of the tests revealed a little blood flow in her brain. That halted their plans.
The maternal grandparents, Paige Cason-Barrett and Johnny Barrett, have filed a court petition to obtain custody of the child.
Dinah’s paternal grandparents, Kimberlee and Stanley Page, have also filed court papers requesting that Dinah come under their care.
On Friday, Kimberlee Page said she has mixed feelings as to whether the baby should be removed from medical care.
“I asked God if he is going to heal her to give us a sign. If not, let her be at peace,” she said.
Doctors, she said, have told her they don’t see any improvement.
The latest court motion paints a grim portrait of the child’s current state. She is incapable of regulating her own temperature, so she stays on a heating pad that monitors her temperature. Above her waist, her muscles are permanently locked due to the brain injuries, so she permanently holds her arm up.
Once every few hours, a nurse comes to unflex her arm muscles, but within five minutes they return to their former position.
Van Hall said it is impossible to determine whether Dinah is feeling any pain, but she said doctors are giving her pain medication just in case.