October 18, 2017 at 4:20 p.m.
Judge sets deadlines in toddler death case
Status conference set for February
Judge sets deadlines in toddler death case
Ellen L. Tran made an appearance in Oneida County Circuit Tuesday morning for a status conference at which time her attorney, Jonas Bednarek, and district attorney Michael Schiek advised Judge Patrick O'Melia the parties have discussed the need for the disclosure of expert witnesses but do not yet have a clear idea of how long a prospective jury trial might take.
"I have no problem if you want to set a jury trial," Bednarek said. "The problem is, we don't know at this juncture how long that trial would need to be. If history is a guide, these are intensely expert-driven cases. I suspect the state will be naming a number of experts, and the defendant is certain to respond."
His suggestion was to set a deadline for both sides to disclose who they intend to call as expert witnesses and noted he would need about 60 days after Schiek's disclosure to get his own list ready.
"I think if we come back after those expert disclosures we would have a better idea of A, when we would be ready to try the case, and B, how long the trial would be," he added.
The deadline for Schiek to submit his list of experts, summaries of testimony, and their curriculum vitaes is Dec. 18. The defense deadline is Feb. 16.
"There is the potential that I will file a Daubert motion, but other than that, I don't see any significant evidentiary motions," Bednarek said.
A Daubert motion can be filed by either side in a criminal case seeking to challenge the qualifications of an expert witness. If successful, the challenged expert may not testify to certain aspects of the case, if at all.
After hearing from both attorneys, O'Melia set a status conference for Feb. 16. Further scheduling, including potentially for a jury trial, will take place at that time.
Tran's husband, Dr. Trung T. Tran, is also facing charges in connection with the death of his son Avery Edwards.
Dr. Tran was charged last month with child neglect resulting in death and failure to act to prevent bodily harm to a child, both felonies.
According to criminal complaints against both defendants, Oneida County deputies and first responders were dispatched to the Tran home in Newbold April 14 after receiving a 9-1-1 call reporting that Edwards had become unresponsive and stopped breathing. According to the original detective's report, Edwards was transported by ambulance to Ascension St. Mary's Hospital in Rhinelander, and then flown to St. Joseph's Hospital in Marshfield where he passed away just after midnight on April 15.
At Ellen Tran's preliminary hearing, Fond du Lac County medical examiner Doug Kelley, who performed the autopsy, testified the child died due to blunt force trauma to the head. He also testified he found six separate areas on the child's head that had bruising and stated the injuries could not have been caused by the boy falling down in the shower as Ellen Tran told detectives.
Kelley said the injuries were not consistent with a fall from that distance.
The complaint against Dr. Tran alleges he knew his wife had deep animosity toward the boy, and believed her to be unstable and a poor parent, but still left him in her care when he went to work.
"Trung was the only person that could protect (Avery) from Ellen and was responsible for (Avery's) safety. Had Trung not left (Avery) in Ellen's care, (Avery) may still be alive," the complaint states.
The charge of child neglect resulting in death is a class D felony punishable by up to 25 years in prison and a fine of up to $100,000. Failure to act to prevent bodily harm to a child is a class F felony punishable by up to 12.5 years in prison and a fine of up to $25,000. Dr. Tran is due in court in November for a motion hearing.
If convicted of the reckless homicide charge, Ellen Tran faces up to 60 years in prison.
She is also facing a single count of felony bail jumping after she allegedly had contact with her daughter through the child's court-appointed guardian at the Rhinelander Fourth of July parade. That case is tracking with the homicide case.
Jamie Taylor may be reached via email at [email protected].
Comments:
You must login to comment.