Boy In Shaken Baby Lawsuit Dies After 2 Years On Life Support

Boy In Shaken Baby Lawsuit Dies After 2 Years On Life Support

November 30, 2008

RAY REYES

TAMPA - A child involved in a well-publicized "shaken baby" lawsuit and who had been on life support for more than two years died Friday, according to a former Pinellas County prosecutor.

State Rep. Darryl Rouson's law office represents the 3 1/2-year-old boy's mother. He said Sunday night that he will ask the state attorney's office to upgrade the charges for the child's foster caregiver, Tenesia Brown, from aggravated child abuse to murder.

Brown and her husband, Marcus, had custody of the child, Lazon, and his brother for nearly four months while their mother, Niccole Booze, completed a drug treatment program.

Brown is accused of shaking Lazon in March 2006, when he was still a toddler. Brown was charged on Nov. 1, 2006, with aggravated child abuse. She turned herself in to authorities and was released after posting $50,000 bail.

Brown, a certified nurse's aide with no previous criminal record, has since been awaiting trial.

In 2006, Booze filed a civil lawsuit against the Browns and the Safe Children's Coalition, Directions for Mental Health and the Sarasota Family YMCA, the agencies responsible for caring for her children.

Local agencies did "an absolutely shoddy job in vetting out foster parents," Rouson said. "She trusted her child to the system. But the baby suffered."

Brown's attorney, John Trevena, said Sunday night that his client was the last person in a chain of caregivers that was taking care of Lazon on March 3, 2006, and that is why prosecutors have focused on her.

A timeline shows Brown picked up Lazon from the Circle of Children Day Care about 2:30 p.m. that day, after workers called her to say Lazon was vomiting and had diarrhea, according to a criminal arrest affidavit.

"Which caregiver, if any, is responsible for the child's condition?" Trevena said. "The child was suffering from distress prior" to Brown picking up Lazon at the day care, he said.

Trevena said he was saddened to hear of Lazon's death, but maintained his position that "this child did not suffer injuries from Tenesia Brown."

Trevena said a grand jury probably would have to be convened if Rouson seeks to upgrade charges against Brown.

Rouson said he and Booze will hold a news conference today in Tampa to discuss Lazon's death and the pending civil and criminal trials.

Reporter Ray Reyes can be reached at (813) 259-7920.