October 22, 2018 at 4:16 p.m.
Mother testifies in toddler death case
Father invokes Fifth Amendment
Mother testifies in toddler death case
By By Jamie Taylor and Heather Schaefer-
Edwards was the first witness Monday in the first-degree reckless homicide trial of Ellen Tran, Avery's stepmother.
Tran, 30, is accused of causing Avery's death though blunt-force trauma to the head.
In his opening statement, Oneida County district attorney Mike Schiek offered the jury a roadmap of the case and the testimony he expects to present.
He did not offer a specific theory of how Avery was injured, but noted that child abuse was suspected during a previous visit and "after 14 days of his third visit (with Ellen and Trung Tran) he looked like that," the prosecutor said, pointing to an autopsy photo of the boy. "He's dead."
"At the end of this trial I'm going to ask you to find the defendant guilty of first-degree reckless homicide," he finished.
In his opening remarks, defense attorney Jonas Bednarek argued the state is asking the jury to assign blame for Avery's death when it's possible no one will ever know why the boy died.
"Whatever happened to Avery that night, I'm not sure we'll know," he said, adding that the defense has a medical expert who will testify the "brain bleed" Avery suffered wasn't that severe and did not cause his death. He also told the jury they will hear that pseudoephedrine was found in the boy's bloodstream, indicating that he may have been poisoned.
Bednarek described Dr. Tran as a terrible partner to the women in his life and an absent father who deeply resented having to pay child support. He said he intends to call some of those former partners who will testify to Tran's "deep, dark obsession with money and the extent he'll go to avoid paying child support."
Finally, Bednarek argued Oneida County investigators immediately focused their attention on Ellen Tran because she was the only adult in the residence when Avery went into distress on April 14, 2017.
"The blame they placed on Ellen was premature and that was wrong," he said.
According to the criminal complaint, the investigation into Edwards' death began with a hang-up 9-1-1 call from the Tran residence the evening of April 14. When a dispatcher called back, Ellen Tran reported that Edwards, who was visiting from Virginia, was unresponsive and had stopped breathing.
Edwards was transported by ambulance to Ascension St. Mary's Hospital and later transferred to another area hospital where he passed away.
Two days later Ellen Tran was arrested on suspicion of second-degree reckless homicide. The charge was amended to first-degree reckless homicide following a preliminary hearing June 23, 2017 that featured testimony from Fond du Lac County medical examiner Doug Kelley.
Ellen Tran told investigators the boy became unresponsive after falling in the shower, but she could not remember how the fall occurred, however Kelley testified the boy's injuries did not match that narrative.
Following opening statements, and outside the presence of the jury, Dr. Tran was called to the stand. He indicated he would invoke his Fifth Amendment right against self-incrimination and was declared an unavailable witness for this trial.
Dr. Tran is also facing charges in connection with Avery's death. He is accused of failure to act to prevent bodily harm (as opposed to great bodily harm) to a child, a class H felony, and child neglect resulting in death, a class D felony.
His next hearing is scheduled for Nov. 13. If convicted, he faces a maximum of 31 years in prison.
In her testimony, Lori Edwards recalled meeting Trung Tran and starting a romantic relationship with him that lasted for about 20 months. She testified she found out she was pregnant with Avery after the relationship ended. Trung urged her to abort the child but she refused, she told the jury.
She then recounted an incident in July 2016 in which Trung and Ellen were to have a visit with Avery in North Carolina. She testified Trung stayed in Rhinelander to work, leaving Ellen alone with Avery.
When Avery was returned to her, he had a scratch on his back along with some bruising, she testified as the jury reviewed photos of the injuries.
Avery had also received a mohawk haircut which she did not authorize Ellen to give him, Edwards continued.
"I was very upset. He was under a year old," Edwards said. "In the south, it's a big deal (when a boy gets his first haircut), you take him to the barbershop and take him for ice cream afterwards. You make a big day of it, this is a coming of age thing."
After returning from the visit with Ellen, Edwards said Avery started screaming in his sleep and it took her several minutes to wake him up.
"I knew something had happened, I know my child," she said.
"He was terrified of something, and I didn't know what."
After social services ruled abuse allegations were unfounded, Edwards testified she obtained a protective order against both of the Trans, but Trung's was lifted and another father-son visit was ordered in April 2017.
On March 31, the day before she was to hand her son over to Ellen and Trung, Edwards testified she photographed Avery's body to show he had no marks on him before the visit commenced.
When Schiek asked Edwards where she was when she was notified of her son's death, she said she was driving and had to pull over to take the call.
"I no longer like that road," she said through tears.
When asked under cross-examination if she believed Trung could have caused Avery's death, Edwards indicated it was a difficult question to answer.
"I know a lot about the case, it's hard for me to answer that," she said.
The second prosecution witness of the day was a Rhinelander woman Trung hired to clean his house while it was being remodeled and who helped care for Avery for a day. The woman testified Ellen handed Avery to her and then hid under a blanket.
During cross-examination, Bednarek asked the woman if she had developed "an affinity" for the boy, even though her contact with him was brief.
"Did I find him a beautiful baby? Yes I did," she replied.
As this edition went to press, testimony was continuing.
If convicted, Ellen Tran faces a maximum of 60 years in prison.
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