Mom on trial in child's death; Shaken child case to hinge on investigation's medical evidence
Shaken child case to hinge on investigation's medical evidence
Author: Stephen Gurr Staff Writer
A Forsyth County mother went on trial this week accused of murdering her 22-month-old adopted daughter in a shaken child case expected to be a battle of medical experts reminiscent of the nationally-publicized British nanny case of 1997.
Jury selection continued at press time Tuesday in the case of Jill Ellen Depaillat, the 41-year-old woman charged with felony murder and aggravated battery in the April 16, 2004, death of toddler Mia Depaillat.
Murder warrants were brought against Jill Ellen Depaillat six months after the child's death, charging that she caused brain and other internal injuries to the girl in their Llangollen Way home. Depaillat told authorities she accidentally dropped the toddler down a flight of stairs.
Medical examiners with the Georgia Bureau of Investigation found that the child's injuries were inconsistent with a fall, according to Forsyth sheriff's officials.
Prosecutors have a long list of witnesses who may be called in the trial, including three GBI medical examiners, five doctors from Children's Healthcare of Atlanta and two paramedics. Among the defense witnesses listed in court documents is Dr. Jan Leestma, a Chicago neuropathologist who testified in the trial of British au pair Louise Woodward.
In a case that garnered national headlines, Woodward was accused of causing the death of an 8-month-old by shaking him. She was convicted by a Massachusetts jury of second- degree murder but the verdict was later reduced by a judge to involuntary manslaughter.
Like the Woodward case, Depaillat's trial will likely focus around autopsy reports and the findings of dueling medical experts. Court officials have indicated the case could take as long as seven full days to try.
Depaillat has remained free on $50,000 bond but has been confined to her home with an ankle bracelet monitor since her October 2004 arrest. Several family members and other supporters sat behind her in the courtroom gallery as the trial began with jury selection. Depaillat faces a mandatory life sentence if convicted of felony murder.
On Monday, potential jurors in the case were asked numerous questions by Chief Assistant District Attorney Sandra Partridge, including whether they ever had a child fall down a flight of stairs. One mother of six said her 2-year-old son had fallen down stairs and broken both arms. Another man said his 2-year-old "took a tumble" down a flight of stairs but "was fine."
Prosecutors have not publicly stated their theory of exactly how Mia Depaillat died, but Partridge told potential jurors during preliminary questioning Monday that "this case has to do with excessive shaking."
During her own questioning of potential jurors, defense attorney B.J. Bernstein thanked them for their patience, saying it was a "serious case."
"There's nothing more serious than accusing a mother of killing her child and charging her with murder," Bernstein said.
A jury of 12, plus two alternates, was expected to be selected sometime Tuesday, with opening statements to follow.
E-mail Stephen Gurr at stephengurr@forsythnews.com.