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Witnesses testify against shaken baby syndrome
Trial reaches 7th day for man charged with assault
by Ahmad Safi
Wednesday, September 24, 2008

Two medical experts testified Tuesday that a short fall could have caused the severe brain injuries suffered by a 2-year-old girl while in the care of her mother’s fiance.

In the seventh day of the trial, Joshua Blinde’s defense team called to the stand two paid medical professionals. Both men took issue with shaken baby syndrome as an actual medical condition.

Mr. Blinde, 28, is on trial for first-degree assault for allegedly assaulting Ava Martinez on Feb. 14, 2006. Mr. Blinde testified on Monday that Ava’s injuries were a result of a 30-inch fall off a bathroom vanity.

Buchanan County Prosecutor Dwight Scroggins has been trying to show that Ava’s severe brain injuries weren’t only caused by the fall, but by severe, violent shaking.

On Tuesday, he pointed out that neither doctor had examined Ava. Both doctors said they reviewed police and medical records.

Dr. Morris Gardner testified that in his long practice as an opthamologist and in a review of several studies he has never seen proof that retinal hemorrhages can occur in a case of shaking. Ava suffered eye bleeding as a result of the incident.

“The retinal hemorrhage is like a dollar bill. You don’t know its history,” said Mr. Gardner, who has been a professional witness in about 25 court cases. He said he was paid $500 by the defense team as well as for travel expenses from Colorado in exchange for his testimony.

“It’s a theory that shaking the eye can cause hemorrhages,” he said.

Also Tuesday, Dr. Michael Prange, a biomechanical engineer from Pennsylvania testified that through the use of an accelerometer, his company performed tests and studies similar to the fall that Ava allegedly had.

Dr. Prange said her injuries could have occurred just as Mr. Blinde claims.

“If this was a shaken head injury, I definitely would have expected neck injuries as well,” he said. “And we didn’t see that here.”

The defense is expected to complete their case today, and closing arguments to begin on Thursday.

Ahmad Safi can be reached at ahmadsafi@npgco.com.

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