December 12, 2013 at 5:40 p.m.
Eades sentenced to probation, six months in jail in child abuse case
Eades sentenced to probation, six months in jail in child abuse case
By Kyle Rogers-kyle@rivernewsonline.com
After more than two years her case has finally been resolved.
Eades, 26, was sentenced Thursday to four years of probation and six months in jail.
Judge Patrick O'Melia stayed a 3 1/2 year state prison system sentence. That means the prison sentence would be imposed if Eades violates the terms of probation and it is revoked. Conditions of probation include taking parenting and anger management classes, as well as continuing to follow the orders of Social Services which has been overseeing the limited contact Eades has had with her child in the last two years.
The sentence came after Eades agreed to enter pleas Thursday to reduced charges. The initial charges of child abuse and neglect (class H and F felonies) were amended to a class I felony and a misdemeanor. The changes reduced Eades' potential prison sentence by 15 years.
"What we are doing here today is avoiding putting this in front of a jury because a jury could go either way," Eades' attorney, Robert Hanson, said.
Hanson said he had medical experts lined up to testify that abuse was not the sole explanation for the injuries suffered by the child. Rather, the defense's experts were ready to testify that the fractures could have been the result of a vitamin D deficiency that left the child's bones susceptible to such injuries.
"With improper bone mineralization, no force is needed. Some of these fractures could be caused by simply moving around," Hanson said. "I think that is equally likely as a cause for this situation (as the abuse allegation). It would depend on which experts a jury believes. Ours are equally as credible. There's no way of knowing which way a jury would have gone. (Eades) wanted to remove the risk. A jury trial in this case would be a coin toss. It would be a credibility contest."
Instead of entering pleas of no contest or guilty to the amended charges, Eades entered Alford pleas on Thursday. That means she is maintaining her innocence but has acknowledged that prosecutors have enough evidence to convince a jury of her guilt.
Prosecutor Susan Sommer said she has no doubt abuse was behind the injuries to the child. She referenced the findings of the doctor who first examined the 22-month-old child in 2011 and said that if the child had not been in a car accident or stomped on by a horse, she was being abused.
Along with the reduced charges, Sommer recommended three years of probation for Eades with no additional incarceration. In explaining her reasoning for the plea offer, Sommer said her paramount concern is the protection of the child.
"The first objective, in my opinion, is to continue to protect (the child) and Social Services has been working very hard to do that since July 2011," Sommer said.
She said that objective will continue to be met by the state having control over Eades through the probation sentence, as well as the felony conviction related to child abuse that will always be on her record.
"I don't think (Eades) needs a prison sentence to address her rehabilitative needs," Sommer said.
Hanson agreed with the probation recommendation.
"We have a young woman with no criminal record who has been a productive part of the community," Hanson said. "She's been working since she was 15. She already completed a parenting class because of a recommendation from Social Services. She wants to be an effective parent."
Family members of the child called for the court to impose much more severe penalties such as prison and the termination of her parental rights. The child's father was in the courtroom Thursday and had Sommer read a prepared statement. In the statement he called the plea deal "absurd" and said he is "disgusted" with a legal system that would allow Eades to be placed on probation.
"Shame on anyone who allows Nicole to be a part of (the child's) life after what happened. Justice is not being served," the statement read.
"I don't feel this woman deserves any deal and should spend time in prison. Don't let this woman walk way with probation only," the child's grandmother said to the court.
When not with her father, the child has spent considerable time with a foster family since August 2011. A woman from that family spoke to the court and said she noticed positive changes in the child until there were supervised visits with Eades.
"Nicole needs to serve time and have her parental rights terminated," the woman said.
Before handing down the sentence, O'Melia explained there's a long process to terminating parental rights and that matter would need to be addressed at a later date in family court.
He said it's not easy taking those rights away, adding that there are people serving prison sentences for murder who still have their parental rights even if it's unlikely they'll ever have contact with their children.
"I think there is a need for close, rehabilitative control if (Eades) is going to be a parent again," O'Melia said. "What has been described is not necessarily (a) lack of parenting. It is anger and violence."
He said he doesn't believe the defense's theory that a medical condition could be the source of the child's injuries.
"While that's a possibility, I think it's unlikely," he said. "A jury may have bitten on it. I did not. I think there's a need for anger management as well as parenting classes. I frankly don't have an issue with the cause here. It's not a leap of faith to see that there was one problem for (the child) and that was her mother."
Though the state recommended probation only, O'Melia ordered additional jail time as well as a stayed prison sentence. He said the allegations against Eades are too severe for there not to be some incarceration.
"As far as the issue of any further jail, the court could justify imposing a state prison system sentence here instead of staying it. So six months in jail is appropriate," he said.
Kyle Rogers may be reached at kyle@rivernewsonline.com.
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