DCF Worker Accused Of Killing Foster Child Found Not Guilty

By DAVID OWENS

The Hartford Courant

TOLLAND — A Mansfield woman accused of killing a 7-month-old foster child in her care was acquitted Monday of charges of first-degree manslaughter and risk of injury to a minor.

Suzanne Listro, 44, a former state Department of Children and Families employee, was caring for Michael Brown Jr. on May 19, 2008, when the baby suffered a massive head trauma. The boy, who was in DCF custody, was rushed to the hospital, but died of his injuries.

Listro said the boy rolled off a bed while she was distracted and fell 26 inches to a linoleum floor.

The state charged Listro with causing the trauma, contending that a fall of such a short distance could not have caused the "massive, bilateral subdural hemorrhage" that the child suffered.

After hearing a host of expert witnesses testify during three weeks of trial, Judge William H. Bright Jr. said that questions remained and he could not say who or what was responsible for Michael's death.

"I cannot say beyond a reasonable doubt Ms. Listro inflicted these injuries on Michael Brown," Bright said.

"I'm not saying this was an accident," the judge added. "I don't know."

And then the judge expressed sorrow to the boy's father, Michael Brown Sr., who attended much of the trial. He told Brown that when a child dies, people want answers, but that he could not provide them.

Outside court, prosecutors, Listro and Brown declined to comment. Hope Seeley, one of Listro's defense attorneys, said, "The judge said it all, not guilty. We're just really pleased with the judge's attentiveness and careful reflection in a very, very difficult case."

Each side presented medical and other experts to bolster its case. The state charged that Listro caused the trauma, either by shaking or some other impact. The defense attacked the existence of "shaken baby syndrome" and claimed that Michael was medically fragile, suffering from a prior head injury. The short fall, which would not have been a problem for most children, proved catastrophic and killed the boy, the defense argued.

Bright, in his verdict, was not ready to cast aside the existence of shaken baby syndrome, which he noted is accepted by a large portion of the medical community.

It was possible that Listro caused the boy's injuries, the judge found, but he was troubled by the lack of a sign of external trauma on the boy. It was also possible that Michael had a "time bomb" in his head and that this "may be that rare short fall case that resulted in a death," the judge said.

After Michael's death, DCF came under scrutiny and it was revealed that Listro had twice been investigated for allegations of child abuse. The allegations were not substantiated, but DCF Commissioner Susan Hamilton later said the investigation into those allegations "was substandard and unacceptable. Accordingly, it is unclear whether those allegations would have been substantiated [by] a more thorough investigation." DCF fired Listro after the child's death.