Judge allows delay in child-beating trial

CLINTON - The trial of a Clinton man accused of beating his 15-month-old adopted son has been postponed.

Michael VanHyning, 24, was set to go to trial this week, but DeWitt County Circuit Judge Stephen Peters delayed it to hear a defense motion asking him to suppress the defendant's statements to police.

That hearing is scheduled for Dec. 19 in DeWitt County Circuit Court in Clinton.

VanHyning, 24, is charged with three counts of aggravated battery of a child.

Defense attorney John Wright told the judge that VanHyning is asking the court to suppress statements made to police before his arrest. Police, Wright argued, failed to notify his client of certain legal rights, including the right to remain silent, consult with an attorney and have an attorney present during questioning.

"Statements elicited from the defendant, both oral and written, were elicited in a coercive atmosphere prior to the provision of any warnings," Wright said in his motion.

Further, the confession was "the direct result of physical or mental coercion and was involuntary," Wright said.

Detective William A. Giese of the Clinton Police Department said in an affidavit that VanHyning physically abused Cameron VanHyning on three separate occasions.

The father allegedly struck the child in the face, stomach and side on March 11, he said.

In June, VanHyning allegedly slammed the child into a bathtub. Later that same month, he allegedly beat the child, fracturing ribs and causing internal bleeding, according to Giese's affidavit.