MOTHER SAYS BONE DISEASE KILLED CHILD

Author: BYLINE: BILL GARDNER, Staff Writer

Was Jessica Li McClure a battered child? Or were her 14 broken bones simply the result of a rare disease that made the 10-month-old child as fragile as a porcelain doll?

It's a question that may eventually go to a Dakota County jury.

Last week, the baby's adoptive mother, Julie McClure, 33, of Lakeville, was indicted on charges of first-degree murder in the death of Jessica. The child died on Aug. 17, 1993, of a skull fracture, and doctors also found 14 other broken bones that had occurred in the two months before her death.

The child had suffered a broken collarbone, three broken ribs and fractures of bones in the hand, wrist, leg and upper arm. A doctor at Minneapolis Children's Medical Center issued a report saying the numerous broken bones showed ``a pattern of ongoing child abuse.''

But Julie McClure's lawyer, Mark McDonough, says the 14 broken bones point unfairly to McClure as a child abuser.

``We intend to introduce medical evidence that this child suffered from osteogenesis imperfecta and that her fractures and to some extent her death was the result of this disease,'' McDonough said.

Bones break easily in babies afflicted with the rare disease, McDonough said.

``Bones can be broken spontaneously and can break in everyday handling of a child,'' he said.

The prosecution will argue that Jessica McClure did not have osteogenesis imperfecta, according to Assistant Dakota County Attorney Karen Asphaug.

Medical experts for both the state and the defense will base their opinions on the nature of the injuries and on the X-rays.

The child's body was cremated, and the experts will not be able to examine the bones themselves, Asphaug said.

McDonough said a doctor from a university hospital in Scotland will testify for the defense while the prosecution will call a Canadian expert.

``It's going to be an international trial,'' said Asphaug, who will prosecute with Nicole Nee, another assistant county attorney.

Julie McClure said Jessica, who was a baby brought here for adoption from China, suffered the skull fracture from an accidental fall.

According to the Lakeville Police report, Julie McClure first told investigators the child fell while standing at a kitchen chair. When later told that the injuries were inconsistent with such a fall, the mother said the child had actually fallen twice that day, once from a kitchen counter, the police report said.

McDonough said the severe fractures of the child's skull can be blamed on osteogenesis imperfecta.

``Obviously the skull is comprised of bones,'' McDonough said. ``The container protecting the brain is not as strong.''

The pattern of child abuse is an important element in the prosecution and is the basis for the first-degree murder charge.

During a search of the McClure home last August, investigators seized a piece of wallboard that had a dent about the size of a baby's head and had broken human hairs embedded in the dent.

``That board and the hair analysis will be evidence in the case,'' Asphaug said.

Julie McClure is free on $50,000 bond and is scheduled for a next court appearance on Aug. 22.

She and her husband, Robert, were given the child in February, approximately six months before her death. They are devastated by the murder accusation, McDonough said.

``It strikes me as one of the greatest tragedies that could happen to lose a child and be accused of murdering that child when you've done nothing but love this child,'' McDonough said.