October 26, 2018 at 4:09 p.m.
TRAN GUILTY
Jury takes less than two hours to convict stepmom in 2017 death of 20-month-old Avery Edwards
TRAN GUILTY
By Heather Schaefer and Jamie Taylor-
Minutes later, an expressionless Tran was handcuffed by lead detective Chad Wanta and escorted to the county jail pending sentencing.
In his closing argument to the jury Thursday, Oneida County district attorney Mike Schiek argued the state proved Tran, 30, caused fatal brain trauma to the boy, who was her stepson, the evening of April 14, 2017. How precisely Avery was hurt, the prosecutor admitted he could not say, but he insisted Ellen Tran inflicted the injuries.
"Something happened in that (bathroom), I wasn't there, you weren't there, the best we can do is piece it together," Schiek said. "Was she holding him by the legs? I don't know. Was she holding him by the arms? Throw him against the wall in the bathroom? I don't know. But all of those bruises are consistent with something like that."
According to the criminal complaint and trial testimony, the investigation into Edwards' death began with a hang-up 9-1-1 call from the Tran residence in Newbold the evening of April 14, 2017. When a dispatcher called back, Ellen Tran reported that Edwards was unresponsive and had stopped breathing after taking a shower.
Edwards was transported by ambulance to Ascension St. Mary's Hospital and later transferred to a hospital in Marshfield where he passed away.
Two days later 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 at which time Fond du Lac County medical examiner Doug Kelley testified that Tran's statement that Edwards fell in the shower did not match the injuries found at autopsy.
Schiek focused heavily on the injuries in his closing argument, displaying large photos of Avery's bruised body.
"This is why we're here," he told the jury, echoing a line he uttered in his opening statement Monday.
Schiek also referenced testimony from the defendant's 10-year-old son that the family was playing together before Dr. Trung Tran, Ellen's then husband and Avery's father, went to work at approximately 5:30 p.m. that evening. The 10-year-old also testified Avery was normal before going into the bathroom with Ellen and acted "weird" afterward.
To add "context" to the case, Schiek also read excerpts of text messages Tran sent to her husband in which she calls Avery "pitiful" and a "stupid brat" and expresses anger at having money from her household go to her husband's ex-girlfriend for child support.
Schiek said the description of Avery's condition after the shower dovetails with the findings of medical examiner Dr. Doug Kelley who testified Thursday the boy died as the result of a diffuse axonal injury - a traumatic brain event.
According to Kelley's testimony, diffuse axonal injuries occur when the brain rapidly shifts inside the skull. The connecting fibers in the brain called axons are sheared as the brain rapidly accelerates and decelerates inside the skull. According to Kelley, a child who suffers such an injury is not normal from that point on and may suffer from breathing problems, seizures or immediately fall unconscious.
"They're not doing normal child things," he said, adding that the extent of the diffuse injury Avery suffered would suggest "he was different, if not completely unconscious, from the moment the injury occurred."
Kelley also testified that Avery's death was not consistent with a pseudoephedrine overdose, as the defense suggested.
Schiek also referenced the testimony of Dr. Kristin Iniguez, a Marshfield Clinic Health Systems pediatrician who specializes in identifying child abuse.
Schiek showed Iniguez a number of post-mortem photos of Avery and asked her to comment on the various bruises depicted.
In addition to a large bruise on his forehead, Avery had a "pattern bruise consistent with a spank" on his bottom, a pattern bruise on his arm consistent with grabbing, as well as bruising on his thigh and lower legs, she testified Wednesday.
Iniguez, who examined Avery's body personally, noted the thigh bruising was unusual as it was found on a "fleshy part" of the body were bruising is unexpected.
She said this type of bruising requires a level of force and is not the result of normal day-to-day activities.
Under cross-examination, Iniguez admitted it's very difficult to "time-stamp" when an injury that results in bruising has occurred. She also admitted she was not aware Avery tested positive for influenza, another of the defense's potential explanations for the death.
After the medical testimony was presented, the state rested its case.
The trial continued Thursday morning with a discussion outside the presence of the jury regarding the scope of the testimony to be offered by two of Trung Tran's former partners, and ex-girlfriend and an ex-wife.
Ultimately, the women were allowed to testify only about how Tran treated them and their children and their difficulties in getting child support from him.
Lead defense attorney Jonas Bednarek also made a motion for directed verdict, arguing the state had not met its burden, but O'Melia disagreed and ruled the case should go to the jury.
After the motion was denied, a total of three people were called to testify for the defense. Tran chose not to take the stand in her own defense and no addition medical evidence was presented.
The first defense witness was a certified nursing assistant (CNA) at Ascension St. Mary's Hospital who told the jury about an incident some days before Avery's death when Dr. Tran became angry with her after she inadvertently intercepted a document. She said she saw only six words on the document "in my evaluation of Avery Edwards" and didn't know what it was, however she stressed that Tran was very upset that she intercepted it.
The second witness, an ex-girlfriend with whom Tran had a son, told the jury about a domestic violence incident where Tran injured her. She also testified she had great difficulty getting Tran to pay child support after their break up and eventually gave him a choice, either pay support or relinquish his rights, and he chose to relinquish his rights. The child was later adopted by the woman's husband, she said.
The third witness, Tran's ex-wife with whom he has two teenage children, told the jury about an incident when Trung hit their toddler in the face and a second incident when he roughly placed their daughter in playpen. According to the witness, the girl's reaction to her father's behavior was to repeat "Calm down, daddy, calm down."
She later clarified that Trung's abusive behavior toward her and their children was primarily emotional rather than physical, but there was physical abuse. She also said she has had great difficulty getting Trung to pay support for his children and that he is not involved in their lives.
In his final remarks to the jury, Bednarek accused the sheriff's office of unfairly targeting Ellen and refusing to look at Trung as a possible suspect.
He disputed that the fatal injuries occurred in the shower, insisting that it's still unknown how or why Avery died.
"I talked a lot about Trung Tran. Is there suspicion there? Damn right. He is not a good man. We can all agree on that. He is a bad man. He's a bad father. He's a bad husband. Dammit, he was probably a bad doctor, too," Bednarek said.
"I can't tell you what happened, I wish I could but I can't. And nobody can," he added.
Bednarek admitted he didn't offer the jury a lot of evidence, but claimed he didn't need to because the burden is on the state to prove Tran's guilt and Schiek failed to do that.
Finally, Schiek offered a very brief rebuttal before leaving the jury with a large photo of Avery, this one of the boy smiling in happier times.
"Let's all remember that this is Avery," he said. "(Pointing to the photo) That's how his mom wants you to remember him. This is why we're here, this is what this is all about."
The jury was released for deliberations at approximately 12:40 p.m. and was ready to announced their verdict by 2:15 p.m.
As O'Melia read the verdict to a tense, packed courtroom, Lori Edwards could be heard gasping and sobbing.
Some time later, she sent a message to the River News expressing relief.
"I'm in shock but happy she's behind bars where she belongs," Edwards said.
O'Melia ordered a pre-sentence investigation which typically takes 30 to 45 days to prepare. Sentencing will be scheduled after the report is received, he said. Tran could serve up to 60 years in prison.
Trung 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.
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