June 23, 2017 at 4:31 p.m.
O'Melia: Tran case will move forward
State shows probable cause in toddler homicide case
O'Melia: Tran case will move forward
Following a two-hour preliminary hearing Friday featuring testimony from an investigator and a pathologist, Oneida County Circuit Judge Patrick O'Melia ruled there is probable cause to believe Ellen L. Tran committed a felony in connection with the death of her 20-month-old stepson Avery J. Edwards.
District attorney Michael Schiek's first witness was Oneida County detective sergeant Chad Wanta, who investigated Edwards' death in conjunction with Capt. Terri Hook. In their reports attached to the amended criminal complaint, the officers said the investigation began with a hang-up phone call to 9-1-1 from the Tran residence in Newbold at about 6:30 p.m. April 14. When the dispatcher called back, Ellen Tran reported that her stepson had not been acting right since she got him out of the bath. She was directed to perform CPR on the child and medics were dispatched to the scene. The boy was taken to Ministry St. Mary's Hospital and then airlifted to Marshfield where he died just after midnight on April 15.
After conducting an autopsy, Dr. Doug Kelley of the Fond du Lac County medical examiner's office listed Edwards' cause of death as blunt force trauma. He also noted several bruises to the child's body.
In her interview with Hook and Wanta on April 15, Tran said she could not remember how the child fell in the shower but knew that he had. She also said she was caring for her nine-year-old and 15-month-old children, as well as her stepson, during the time period in question.
During Wanta's testimony, Schiek played a 12-minute section of the interview where Tran appeared nearly hysterical, insisting she didn't know how Edwards fell. Eventually, she admitted to possibly grabbing his leg and said that is when he must have fallen, according to the video.
Schiek also introduced photographs of the boy's head into evidence. Wanta testified the photos show bruises that ran around the toddler's head, injuries that weren't visible until the pathologist shaved his hair.
Under cross-examination by Tran's attorney Amy C. Scholz, Wanta testified that the shower heads from both bathrooms had been taken into evidence and neither showed evidence they had been used to strike the child. Wanta could not offer an explanation as to what caused the blunt force trauma.
Testifying by phone, Dr. Kelley said the head bruising was consistent with six separate head injuries. He also said the lab results from tests on the child's eyes and optic nerves, conducted by a lab at the University of Wisconsin, also buttressed his opinion of the preliminary cause of death.
He said a final autopsy report should be completed within a few weeks once all test results are received.
When Scholz asked if he could identify what caused the blunt force trauma, the doctor said that he couldn't do so conclusively. He could say that the injuries were not consistent with a fall in the shower from the child's height. He also said if detectives could offer an alternative cause of the injuries, he would most likely be able to confirm or deny the injuries were consistent with that cause.
After hearing the testimony, O'Melia found the state had met the threshold for proving probable cause at the preliminary hearing stage of the proceedings. In fact, based on the testimony, O'Melia said a case could be made for charging Tran with first-degree reckless homicide.
Scholz and her client waived the 30-day time limit for an arraignment so that Schiek would have more time to gather the information necessary to make a final charging decision. That hearing is set for Aug. 14, at which time Tran will enter a plea.
Also Friday, O'Melia granted Tran's motion to travel to North Carolina in July so she can be present for her father's upcoming surgery. He noted that while Tran could face even more prison time if the charge is amended, her connection to the community and the $50,000 cash bond she posted should be sufficient to ensure she appears for arraignment.
A more detailed account of the hearing will appear in Tuesday's edition of the River News.
Jamie Taylor may be reached at [email protected].
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