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Trial of Canton Township foster mom to go forward

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Jack Kresnak

Detroit Free Press

Jul. 13--An assistant Wayne County Prosecutor admitted Friday that his office has no idea exactly how 2-year-old Allison Newman was fatally injured in a Canton Township foster home in September, but that should not derail the trial of her foster mother on murder and child abuse charges.

Wayne County Circuit Court Judge Ulysses Boykin agreed with the prosecutor, Jerry Dorsey IV, and denied the motion by an attorney for former foster mother Carol Poole to require prosecutors to provide a "bill of particulars" that would describe how they believe Allison's death occurred.

Medical doctors have said that while Allison died of blunt force trauma consistent with her head striking a flat surface, such as a wall or a floor, they could not determine exactly how the injury happened.

Poole, 42, gave Canton police four statements about how Allison was injured, but only the last one came after she had been given her so-called Miranda Rights to remain silent.

The last story involved a game of "whirlybird" in which Poole said she was swinging the child in a circle while they were on the second-floor of her home on Emily Court, near the top of the stairway, when she lost her grip and Allison fell more than 12 feet to the hard wood floor below.

Poole admitted not seeking immediate medical attention for the child. She called 911 about 1:30 a.m. on Sept. 22, and later that day told officers that she wanted to die and asked one officer to shoot her, according to testimony.

Poole's attorney, Mark Satawa, argued that it was not fair for Poole to have to defend herself when she doesn't know what the prosecution claims actually happened.

The judge, however, said there was enough evidence for jurors to consider whether she is guilty as charged of first-degree felony murder, first-degree child abuse or involuntary manslaughter.

Boykin delayed ruling on Satawa's request to exclude Poole's statements from evidence to be presented to a jury pending testimony from a Canton police officer and a defense expert who is expected to say Poole was unable to understand what she was saying and doing on Sept. 22.

The two are expected to testify on July 23. No trial date has been set and Poole remains jailed without bond.

2007 Jul 13