Doctor, nurse charged in death of adopted son waive preliminary hearing

Doctor, nurse charged in death of adopted son waive preliminary hearing

By RYAN OLSON - Staff Writer

Posted: 10/02/2012 09:40:43 AM PDT

OROVILLE — A Chico doctor and nurse charged in connection with the death of their 2-year-old adopted son waived their right to a preliminary hearing this morning.

The preliminary hearing for Dr. James Yhip and nurse Edelyn Yhip had been scheduled to determine whether there was sufficient evidence to hold the Yhips for trial in Butte County Superior Court.

The Yhips are each charged with murder and child endangerment for the April 19 death of their son, Benjamin.

The prosecution filed charges in July following a three-month investigation. Prosecutors allege the Yhips abused the boy, leading to Benjamin dying of blunt force trauma to the head following an incident on April 18.

The defense has claimed the child had suffered long-term medical and behavior problems and a doctor can show Benjamin died of a serious medical condition.

Ultimately, the Yhips waived their right to the hearing, according to Edelyn Yhip's attorney, Victor Haltom.

Haltom explained they decided to forego the preliminary examination because the prosecution planned to present police officers to testify on their investigations without putting primary witnesses on the stand. Such a practice is allowed for preliminary hearings, but generally not for trials.

A trial date may be set during the Yhips' next hearing on Oct. 11.

If the Yhips are convicted of the charges, they face maximum sentences of 25 years to life in prison.

The Yhips remain out of custody on bail.

Contact

staff writer Ryan Olson at 896-7763 or rolson@chicoer.com