JULIAN LOUGHLIN - 3 Months (2007) - Oakland CA

The murder trial of a man accused of beating his 3-month-old baby to death
is simple to prove, a prosecutor told a jury Monday during opening
statements.All the jury has to do, Deputy District Attorney Tim
Wellman said, is consider the injuries that caused the death of Julian
Loughlin and think about why the defendant, Fernando Loughlin, initially
lied to police about how his son suffered them."This case is not complicated," Wellman said.
Julian Loughlin suffered brain trauma, had broken ribs and a damaged liver
when he was brought to Children's Hospital Oakland almost four years
ago. The boy died five days later when doctors declared him brain-dead
and took him off a respirator that was keeping him alive."
This is a case about a man who murdered his young child," Wellman said.
But Loughlin's defense attorney, Bill Locke, believes otherwise.Locke
told the jury that the case is complicated and will involve competing
medical diagnosis of what can cause the injuries Julian suffered. It
will involve the jury considering Loughlin's character and nonviolent
past. And it will force the jury to decide why a man, with no history of
violence or abuse toward children, would suddenly erupt and beat a
child so bad that his brain began to bleed."The medical issues at
the center of this case are complicated," Locke said. "What this trial
is really about is the interpretations of the facts by medical experts."
Loughlin, 36, is accused of murder and assault on a child under 8 for causing death
for the death of Julian, who was pronounced dead March 8, 2007.Initially,
Loughlin said his son was simply sleeping in his crib when Loughlin
noticed that he wasn't breathing. Loughlin told police that he panicked,
began CPR on the child and then slapped the baby on the back several
times believing that his son might be choking and hoping to dislodge
whatever he thought might be caught in the baby's throat.But
doctors didn't believe the story especially when they began to treat
Julian and found bleeding in the baby's head and the other injuries.Confronted
by police detectives of the medical findings, Loughlin broke down in
tears and admitted that he accidentally dropped his child in the
bathtub.For Wellman, the initial lie shows that Loughlin was trying
to hide the damage done to his child.That lie coupled with the expert
opinions of a Children's Hospital doctor will prove that Loughlin purposely abused his baby,
causing death, Wellman said.
"The defendant acted like he had no idea why his son
was not breathing," Wellman said. "The defendant's claimed accident
could not have caused the injuries suffered."But Locke said he
will show during the trial that the medical experts who will testify for
the prosecution are unreliable and determined to ensure his client is
found guilty. Locke promised a lengthy presentation about various
children's injuries and how a baby can develop serious injuries from
simple accidents.Locke also said he will show that Loughlin had
no history of abuse against an older child and that his character does
not match that of a person who would kill a son.Loughlin
initially lied because he was scared that he would be declared an unfit
parent for accidentally dropping his son, Locke said. And, Locke said,
he will prove during the trial that Julian's injuries could have been
caused by being dropped into a bathtub."You will hear a painful
and heartbreaking story but if you keep an open mind ... you will find
it just to find Mr. Loughlin not guilty," Locke said.

http://www.mercurynews.com/breaking-news/ci_17253314?nclick_check=1

AHT: California: Fernando Loghlin sentenced
Paul T. Rosynsky
04/22/2011


OAKLAND -- When Fernando Loughlin called 911 after his 3-month-old son stopped breathing, he told the operator that his son was alone and asleep when he noticed the baby's breathing had stopped. He told paramedics the same story and initially told police that he had no idea what had happened to his son Julian on the morning of March 3, 2007.
It wasn't until Loughlin, 36, was told that his son was suffering from massive head trauma, and that a doctor at Children's Hospital Oakland believed it was caused by child abuse, that Loughlin broke down in tears and told police that he accidentally dropped Julian in the bathtub.
For those lies, Loughlin was sentenced Friday to prison for two years after agreeing to a surprising deal in which he pleaded no contest and was found guilty of involuntary manslaughter for the death of Julian.
Loughlin contends that he never intentionally hurt his child but said he initially lied about what happened because he was fearful his son would be taken from him and his wife.
It was a series of lies his attorney William Locke said Friday that will haunt Loughlin for the rest of his life.
"Certainly, he made that lie and he kept it up, that is something that he will regret for as long as he lives," Locke said. "He was deeply wrong."
The lies also prove that he was not acting in a reasonable manner when he reacted to dropping his son in the bathtub and for that he should serve prison time, Alameda
County Superior Court Judge Gloria Rhynes said.
"This is not the way that parents should conduct themselves," Rhynes said just before she sent Loughlin to prison as about 15 of his friends and family cried. "I, in no way, want Mr. Loughlin to believe in his own mind that he should be absolved."
Julian's death occurred the morning of March 3, 2007, after Loughlin had bathed him. According to Loughlin's attorney, Loughlin was in the process of lifting Julian out of the bathtub when an older son rushed into the bathroom and attempted to jump into the bath.
With one arm cradling Julian, Locke said, Loughlin tried to keep his older son from getting into the tub but in the process dropped Julian, who hit his head on the ceramic tub and a plastic infant bath seat.
The fall caused massive trauma to Julian's skull and matched the injuries many doctors say are caused by shaken baby syndrome.
But instead of immediately calling 911 and telling the truth, Loughlin attempted to hide his mistake by dressing his dead baby and then initially claiming that he did not know what happened.
The injuries suffered by Julian coupled with Loughlin's original lies convinced James Crawford of Children's Hospital Oakland that Julian was a victim of child abuse. Crawford's opinions then persuaded the district attorney's office to file murder charges.
But Locke was prepared to challenge Crawford's findings and present a cadre of character witnesses showing that Loughlin had never exhibited any violent tendencies toward his children.
Locke never had an opportunity to present his case because Loughlin agreed to the plea deal after just one day of testimony. At the time, Locke said the deal was made to avoid the risk of Loughlin being sent to prison for the rest of his life and because his older son had just been diagnosed with a return of leukemia after it was in remission for two years. Under the deal, Loughlin was allowed to remain free on bail until the sentencing Friday.
Deputy district attorney Tim Wellman, who began to try the case and then later accepted the plea, said the resolution of the case without a full trial was fair. At the time of the plea deal Wellman said the case had conflicting medical evidence and that the deal would guarantee that Loughlin is held responsible for Julian's death.
"Parents run into burning buildings to save their children but what did the defendant do? I ask the court to consider that," Wellman said Friday. "It is clear in this case that the defendant put his own self interest in front of his child's health."
Rhynes said she agreed to sentence Loughlin to the minimum two years in prison for involuntary manslaughter because of the conflicting medical evidence and the testimony that was expected to be presented during the trial showing that Loughlin had no criminal record and was supported by his wife, other family and friends.
But she said Loughlin could not be let free because he did not act as he should have after dropping his baby in the bathtub.
"We do know that Fernando Loughlin put in place a chain of events that led to his child's death including making a series of lies," the judge said. "That is not the act of a conscientious parent, that is not the act of a devoted parent."
http://shakenbabyandsuddeninfantdeath.blogspot.com/2011/05/aht-california-fernando-loghlin.html