Jury to hear accounts of abused boy’s injuries
A judge rules on testimony for the trial of a mom and her boyfriend charged in the death of a 4-year-old boy.
NORRISTOWN » Remarks made by relatives of a 4-yearold Abington boy regarding the physical abuse he suffered in the months leading up to his death, allegedly at the hands of his mother and her boyfriend, can be heard by a jury, a judge ruled.
Montgomery County Judge Risa Vetri Ferman on Friday ruled prosecutors may present evidence at the trial of Lisa Smith and Keiff King of the observations relatives made about the physical condition and behavior of toddler Tahjir Smith.
“This evidence is relevant to the charge of endangering the welfare of a child. Furthermore, the commonwealth may present evidence of actions taken by these witnesses in response to their personal observations of Tahjir,” Ferman wrote in her order, adding prosecutors also can offer evidence of conversations relatives had with Smith and King concerning their observations of the child.
During a hearing earlier this month, prosecutors revealed relatives told investigators they observed visible injuries on Tahjir, such as “black eyes, burn marks, lumps and welts,” and that on at least two occasions they took physical custody of Tahjir because they were concerned for the child.
First Assistant District Attorney Edward F. McCann Jr. and co-prosecutor Lauren Heron argued to the judge that the fact relatives took physical custody of Tahjir from Smith and King at times is “highly probative” evidence that the couple was endangering Tahjir and that they knew they were harming him.
Defense lawyer Carrie L. Allman, who represents Smith, argued the statements of relatives and friends are “hearsay” and should not be heard by a jury.
Prosecutors also are seeking to present to the jury remarks Tahjir made to relatives regarding the alleged physical abuse he suffered. The judge reserved a ruling on that request until the time of trial.
In court papers, prosecutors alleged Tahjir told relatives that Smith “beat him” when he urinated on himself and that King, who is Smith’s boyfriend, “beat him up” and put him in a shed and “put a ‘welp’ on him.” Prosecutors contend Tahjir’s alleged statements are “probative of his fear.”
Smith, 20, and King, 26, each of the 1800 block of Lukens Avenue in the Willow Grove section of Abington, face charges of first- and thirddegree murder, attempted murder, aggravated assault, conspiracy and endangering the welfare of a child in connection with Tahjir’s Jan. 22 death.
Tahjir was pronounced dead at a local hospital following a day of punishment over spilling his cereal, authorities alleged.
An autopsy determined Tahjir died from multiple blunt and thermal injuries and shock, according to a criminal complaint filed by county Detective Gregory Henry and Abington Detective Donald Lindenmuth.
Ferman scheduled the joint jury trial for Smith and King for June 17, 2019. If convicted of first-degree murder Smith and King, who is represented by defense lawyer JeremyEvan Alva, would face life imprisonment. A conviction of third-degree murder carries a possible maximum sentence of 20 to 40 years in prison.
Both are being held without bail at the Montgomery County Correctional Facility while awaiting trial.
An investigation began about 6:09 p.m. Jan. 22 when Smith called 911 and reported her son was having an asthma attack. Emergency personnel met Smith and the child on Columbia Avenue and observed the child was limp and determined he was deceased.
Smith initially told police she and Tahjir had just gotten off a bus from Philadelphia when she noticed the child was gasping for air, according to court documents. But detectives determined Smith and the child had been at their Lukens Avenue home the entire day, according to testimony.
Tahjir was pronounced dead at an Abington hospital and investigators observed “pattern imprints, consistent with a shoe tread on the child’s buttocks and what appeared to be a burn on the child’s shoulder area,” according to the arrest affidavit.
In statements to detectives Smith and King each admitted they took part in disciplining Tahjir while confronting him about spilling his cereal on Jan. 22.
The boy was forced to maintain a pushup position, struck in the back of the head, beaten with a sandal on his bare buttocks and placed under hot water in a shower, detectives alleged. Smith allegedly told investigators that following the shower Tahjir appeared unresponsive and that later she observed the little boy’s eyes roll back into his head and his lips to be “moving weird,” according to the arrest affidavit.