February 15, 2017 at 4:41 p.m.
Tomahawk man bound over on charge of killing infant son
Defense team disputes claims Hughes shook baby
Tomahawk man bound over on charge of killing infant son
Henry R. Hughes is accused of causing brain injuries to the child sometime on Sept. 4, 2016. According to the criminal complaint, physicians at Ministry St. Joseph Hospital determined the boy suffered "severe high velocity injury" to his brain, had several rib fractures and an "acute fracture to the right ankle."
The child died Sept. 18.
Hughes made his initial court appearance on the charges Nov. 2 at which time court commissioner Gary Carlson set a $50,000 cash bond. He then appeared before judge Jay Tlusty on Nov. 11 with his attorneys Matthew Mahoney and Kevin Noonan. At that time, the defense team filed a motion to dismiss. A hearing on the motion was held Nov. 30. Tlusty denied both the motion to dismiss and a request to lower the bond at that time.
At Friday's preliminary hearing, assistant district attorney Kurt Zengler called Johanna Miller of the Lincoln County Social Services Department to testify. Miller was the social worker on call the morning of Sept. 5 and investigated the child's death.
She testified Hughes told her the infant, who was 9 days old at the time, had been fed by his mother before she went to work Sept. 4. While fixing dinner for his wife's 18-month-old child, Hughes told Miller he heard the infant cry and scream very loudly. When he went to check on him, the child vomited and then stopped breathing. He started CPR and called his wife twice, getting ahold of her the second time. They rushed the infant to Ministry Sacred Heart/St. Mary's Hospital in Tomahawk. From there, he was transported to Marshfield.
Miller also conducted an initial interview with the child's mother.
"The parents' explanation was very similar," Miller said. "It is my understanding that (the mother) was not present, she had left for work some time around five that afternoon."
Zengler asked Miller if the injuries the infant sustained were consistent with what Hughes had said had happened.
"I spoke at length with Dr. (Kristen) Iniguez about the injuries specifically, and the severity of the injuries did not fit Henry's explanation of what had happened," Miller testified.
"What did Dr. Iniguez indicate about the severity of the injuries, what would be necessary to cause these kinds of injuries?" Zengler asked.
"That force would have to be necessary to cause the injuries and that the injuries were consistent with shaking or crushing," she replied. "That force would be required to cause that severe of injuries."
She testified Dr. Iniguez told her only hard shaking would account for the severity of the injuries and noted the doctor discounted a fall or an illness as potential causes of the injuries.
"After my discussion with Dr. Iniguez and my interview with Henry, it was apparent to me that something was missing from Henry's explanation of what had happened," Miller said. "Dr. Iniguez made the point that healthy babies don't go from healthy to that severely injured, some kind of event has to happen, an injury has to happen."
She also said the doctor told her the symptoms would have developed immediately after a shaking or crushing incident.
Under cross-examination by Mahoney, Miller said Iniguez never used the term shaken baby syndrome, but instead the now preferred term of non-accidental abusive head trauma. She also admitted that she is aware that infants as young as the Hughes baby have IVs put in at the ankle but noted that Iniguez said that would not have resulted in the fracture.
Miller also admitted under cross-examination that she had not received any special training in what was once called shaken baby syndrome. She also said she never specifically asked Iniguez if she had, either.
"Did she propose any other indications that might have caused the abusive head trauma?" Mahoney asked.
"Yes, crushing," Miller replied.
Mahoney also questioned Miller about an incident on Sept. 1 when the child was taken to the hospital with a high fever. In that incident, doctors told the parents the child was just "bundled up too much" and sent him home, according to court testimony.
Miller also testified she was aware Hughes was diagnosed with shingles shortly after the child was taken to Marshfield. The defense attempted to argue the fever associated with shingles could cause brain hemorrhaging in a 9-day-old infant.
Miller also admitted that an official cause of death for the infant has not been determined. Lab analysis of the child's brain matter is still being completed, she explained.
After Miller's testimony, Zengler asked that Hughes be bound over for trial. Mahoney argued the state had not met its burden because a specific cause of death has not been determined.
"I think there was a rush to charge Mr. Hughes in this matter," Mahoney said.
Based on the evidence presented to them by Iniguez and Miller, Tomahawk Police had probable cause to believe that Hughes caused the infant's death, Zengler countered.
Tlusty agreed with Zengler and bound Hughes over for trial. Zengler then filed an information listing the same two felony charges and Mahoney entered not guilty pleas on Hughes' behalf.
Noonan than asked Tlusty to modify Hughes' bail to either a lower cash bond or a signature bond, and allow him to reside with his family in Illinois.
Zengler objected. "$50,000 in a homicide case is very generous," he argued.
Tlusty agreed, noting that Hughes has no significant ties to the area and is facing a maximum prison sentence of 60 years if convicted.
A scheduling conference has been set for March 23 to determine the status of the unfinished lab results and other discovery evidence.
After the hearing, Mahoney said he wasn't surprised Hughes was bound over for trial.
"We really didn't expect to win here," he said. "However, they still don't have a cause of death, and we're confident that when the lab results come back, they will prove that Henry did not kill his son."
Jamie Taylor may be reached at [email protected].
Comments:
You must login to comment.