Woman not guilty of assaulting her baby

Infant had 16 broken ribs, a broken leg and subdural hematomas

A Grand Falls-windsor judge has acquitted a woman of assaulting her newborn, saying he is not satisfied beyond a reasonable doubt that she caused the baby’s 16 broken ribs or subdural hematomas.

The nine-day-old baby also suffered a broken femur, alleged to have been caused by her father.

The parents were individually charged with aggravated assault of the baby girl, who was brought by ambulance to hospital in Grand Falls in August 2019 and then transferred to the Janeway in St. John’s. Provincial court Judge Robin Fowler presided over the mother’s trial and delivered his judgment Wednesday.

The baby was fitted with a cast on her leg in Grand Falls, and her broken ribs were discovered on X-rays at the Janeway after she arrived with her father and a child-protection worker. An MRI of the baby’s head revealed subdural hematomas.

Medical specialists found no indication of bone disease or brain hemorrage, but a report concluded the baby displayed evidence of non-accidental trauma.

Dr. Nash Denic, the province’s chief medical examiner and an expert in forensic pathology, provided his opinion to the court that the baby’s leg had been broken by excessive force “such as bending, levering or direct impact” and a “pulling and twisting action.” Her rib fractures, he said, were new and likely non-accidental, and could have been caused by force on the chest by squeezing.

“Dr. Denic’s evidence was that a child’s ribs are pliable and that one would have to squeeze hard to break them,” the judge noted. “Regular handling of a child would not break their ribs and the force necessary to cause the ribs to break would have to be excessive.”

Denic said the hematomas were likely a leftover result of the baby’s birth.

The baby was reported to have recovered from the hematomas and was doing well at checkups a month and two months later.

The baby’s father told police he had been trying to dress the newborn when her leg shot out straight and she began crying. The family called an ambulance soon afterward.

The mother’s explanation changed as her statement progressed.

“I don’t know how it happened,” she said, telling police the baby’s father might have gotten frustrated and done something when she wasn’t around. “I’m blaming myself for hurting her leg ’cause I wrapped her up too tight,” she said later. When police said they didn’t accept that explanation, the woman said, “All I can say was I blacked out, I hurt her and I didn’t realize I done it till now and I don’t know how I hurt her.”

The baby may have hit her head on an exposed board that had been placed under the couch cushions, she said.

The woman later said the baby’s father had told her that he heard the newborn’s leg snap after he had taken hold of her foot to try to get her to stop kicking while he was wrapping her in a blanket.

The mother told police she might have broken the child’s ribs by pressing on her in an effort to relieve her hiccups.

“I guess when I pushed in a little bit I didn’t realize I pushed in too hard and that’s how the ribs got broke,” she said, gesturing toward her sternum.

After final arguments had been made at trial, the Crown acknowledged Denic’s evidence suggested the baby’s birth may have caused her hematomas, and evidence suggested the father had broken her leg. The Crown also conceded it had not provided evidence to suggest the baby’s injuries were life-threatening and asked for a conviction on the lesser charge of assault.

The judge determined the mother had believed she could treat hiccups by pushing on the baby’s chest, but did not accept that she had broken the newborn’s ribs.

“I cannot ignore that the evidence presented demonstrates that the father had possession of the baby and allegedly exerted enough force to cause (the broken leg),” he wrote. “The mother described the father as holding and squeezing the baby when he allegedly broke the baby’s femur. There is a reasonable possibility, based on the evidence provided, that the father did also exert enough pressure when holding and squeezing the baby to fracture the baby’s 16 ribs.”

Fowler acquitted the mother of the assault.