Pollock says Commonwealth did not render evidence
WAYNESBURG – Judge Farley Toothman will decide today whether to grant a defense motion for a directed verdict in the case of a Dilliner woman charged with endangering the welfare of her infant daughter.
Attorney David Pollock made the motion Wednesday following the conclusion of the prosecution’s case against Ashley Renee Cordwell, 19. In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary. After a directed verdict, there is no longer any need for the jury to decide the case.
Cordwell is accused of failing to realize the baby had suffered multiple broken bones in the first two months of her life.
Bobby Sammons, the child’s father who is serving a 2-to-5-year sentence following his guilty plea in August to endangering the welfare of a child, simple assault and reckless endangerment, claimed the baby’s leg was broken when he leaned on it while he and Cordwell were sleeping in bed.
The baby was taken to Ruby Memorial Hospital in Morgantown, W.Va., July 31, 2013, for treatment of the broken leg.
Dr. Jeffrey Lancaster, the baby’s attending physician at Ruby, testified he and other doctors found multiple rib fractures, along with arm and leg breaks by viewing X-rays taken of the baby when she was born May 22, 2013, and again July 31.
Lancaster also said the baby did not suffer from any condition that would make her bones brittle, nor was she involved in any type of traumatic accident that would explain them. He said he could not say how they occurred because that would be “speculative,” but they were consistent with his knowledge of abuse.
Lancaster said it would be difficult to know if a rib fracture occurred, as there were no outward signs. As for the other breaks, he said the typical folds of a baby’s skin could hide areas of swelling. He said at least three of the injuries to the baby were fractures that would require a twisting and pulling force so he believed the child would have been “miserable” from any of the injuries, let alone this type of break.
But on cross-examination, Lancaster was asked to look at medical records indicating the baby had been seen by at least nine doctors in the months prior to arriving at Ruby in July 2013 with the broken leg. The records indicated regular check-ups, follow-ups for a weight issue, thrush, impetigo and a sore throat. There were never any notations of suspected abuse.
Pollock told the court the commonwealth did not present any direct evidence that Cordwell knew her baby was being harmed. Pollock also said there were only two occasions when the baby could have been injured. The first was the incident that led to the broken leg, which Sammons admitted was his fault. The second was a fall that the baby suffered when she was not properly secured in a car seat. Pollock said both of these instances occurred outside of Cordwell’s presence and knowledge.
Also testifying for the commonwealth was State Trooper William C. Brown, who said he believed there is a difference between a cry when a baby is hungry and when one is in pain. He said Cordwell should have been able to distinguish between the two and he found it difficult to believe she barely awakened when the infant’s leg was broken.
In his motion, Pollock attacked Brown’s testimony, saying he “has no evidence except his basic belief a mother should know what is happening.”
Continuing his argument for a directed verdict, Pollock attacked Assistant District Attorney Brianna Vanata’s opening statement to the jury.
Pollock said Vanata told the jury she was going to present evidence whether Cordwell should have known the baby was being hurt, should have protected her and failed to do so.
Vanata said she “disagreed with his summation of her opening remarks,” and reminded the court of the elements that need to be proven against Cordwell. She said it is up to a jury to decide if those elements were met by the testimony of Sammons, Lancaster and Brown.