NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
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NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
At 2 1/2, Ethan Gmuer is still too young to ask many questions about
his twin brother, Nathan, the bald baby who appears in pictures
throughout his grandfather's home in Turtle Creek.
But questions still surround Nathan's death more than two years
later, even as the twins' father, Jason Gmuer, was ordered Friday to
stand trial on homicide, aggravated assault and child endangerment
charges.
Police and medical experts said Mr. Gmuer, 32, of Castle Shannon,
violently shook Nathan the night of Dec. 18, 2008, when he was watching
the boys while their mother was at work. Doctors who treated 4-month-old
Nathan at Children's Hospital of Pittsburgh of UPMC told District Judge
Eugene Ricciardi during Friday's preliminary hearing that they found
cerebral hemorrhaging and other injuries consistent with trauma.
But Mr. Gmuer told Allegheny County homicide detectives, who charged
him in June, that he was bathing Nathan in a chair in the tub when the
child pushed up with his feet, fell backward and bumped his head on the
front of the seat, according to a criminal complaint. He said he was
able to quickly comfort Nathan, who fell asleep in his crib shortly
later.
Mr. Gmuer told detectives he was later awakened by Nathan, who was
"fussy" and coughing up formula. When he turned on the bedroom light, he
could see that Nathan "was not himself" and wasn't moving. He told
police the boy was unresponsive, and he called 911.
Nathan was taken off life support on Dec. 22, but questions about his
death remain. Allegheny County medical examiner Karl Williams, who
performed the autopsy, said the boy's cause of death remains
undetermined. But he sought an independent review from Lucy Rorke-Adams,
a forensic neuropathologist at The Children's Hospital of Philadelphia,
who testified on Friday that she found signs of inflicted trauma, and
ruled the death a homicide in November 2009.
Mr. Gmuer's attorney, Bill Difenderfer, told the judge that the case
ultimately would be "a battle of the experts. Ninety-nine to 100 percent
rises and falls on expert testimony."
Ethan Gmuer and his mother, Patricia McMahon, now live with her
father, Thomas McMahon, where photos of the twins abound and birthday
parties for Ethan still are meant for his brother, too.
"They were sweet little guys," Mr. McMahon said after the hearing. "We're all happy, except we miss the little guy."
Read more: http://www.post-gazette.com/pg/11057/1128224-55.stm#ixzz1F4ktQJXX
his twin brother, Nathan, the bald baby who appears in pictures
throughout his grandfather's home in Turtle Creek.
But questions still surround Nathan's death more than two years
later, even as the twins' father, Jason Gmuer, was ordered Friday to
stand trial on homicide, aggravated assault and child endangerment
charges.
Police and medical experts said Mr. Gmuer, 32, of Castle Shannon,
violently shook Nathan the night of Dec. 18, 2008, when he was watching
the boys while their mother was at work. Doctors who treated 4-month-old
Nathan at Children's Hospital of Pittsburgh of UPMC told District Judge
Eugene Ricciardi during Friday's preliminary hearing that they found
cerebral hemorrhaging and other injuries consistent with trauma.
But Mr. Gmuer told Allegheny County homicide detectives, who charged
him in June, that he was bathing Nathan in a chair in the tub when the
child pushed up with his feet, fell backward and bumped his head on the
front of the seat, according to a criminal complaint. He said he was
able to quickly comfort Nathan, who fell asleep in his crib shortly
later.
Mr. Gmuer told detectives he was later awakened by Nathan, who was
"fussy" and coughing up formula. When he turned on the bedroom light, he
could see that Nathan "was not himself" and wasn't moving. He told
police the boy was unresponsive, and he called 911.
Nathan was taken off life support on Dec. 22, but questions about his
death remain. Allegheny County medical examiner Karl Williams, who
performed the autopsy, said the boy's cause of death remains
undetermined. But he sought an independent review from Lucy Rorke-Adams,
a forensic neuropathologist at The Children's Hospital of Philadelphia,
who testified on Friday that she found signs of inflicted trauma, and
ruled the death a homicide in November 2009.
Mr. Gmuer's attorney, Bill Difenderfer, told the judge that the case
ultimately would be "a battle of the experts. Ninety-nine to 100 percent
rises and falls on expert testimony."
Ethan Gmuer and his mother, Patricia McMahon, now live with her
father, Thomas McMahon, where photos of the twins abound and birthday
parties for Ethan still are meant for his brother, too.
"They were sweet little guys," Mr. McMahon said after the hearing. "We're all happy, except we miss the little guy."
Read more: http://www.post-gazette.com/pg/11057/1128224-55.stm#ixzz1F4ktQJXX
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Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
Non-Jury Trial 10/24/2011 9:00 am Courtroom 327 Judge Donald E. Machen Scheduled
http://ujsportal.pacourts.us/docketsheets/CPReport.aspx?docketNumber=CP-02-CR-0002579-2011
http://ujsportal.pacourts.us/docketsheets/CPReport.aspx?docketNumber=CP-02-CR-0002579-2011
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Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
Non-Jury Trial 02/14/2012 9:00 am Courtroom 327 Judge Donald E. Machen Scheduled
http://ujsportal.pacourts.us/docketsheets/CPReport.aspx?docketNumber=CP-02-CR-0002579-2011
http://ujsportal.pacourts.us/docketsheets/CPReport.aspx?docketNumber=CP-02-CR-0002579-2011
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
DOCKET
Docket Number: CP-02-CR-0002579-2011
Court Case
CRIMINAL DOCKET
Page 2 of 4
Commonwealth of Pennsylvania
v.
Jason Gmuer
BAIL INFORMATION
Gmuer, Jason Nebbia Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Denied 07/06/2010 $0.00
Set 07/16/2010 Monetary 10.00% $100,000.00
Posted 09/01/2010
CHARGES
Seq. Orig Seq. Grade Statute Statute Description Offense Dt. OTN
1 1 18 § 2501 §§ACriminal Homicide 12/18/2008 G5002152
2 3 F1 18 § 2702 §§A1Aggravated Assault 12/18/2008 G5002152
3 Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
2 M1 18 § 4304 §§A112/18/2008 G5002152
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Grade Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Linked Offense - Sentence Link Type Linked Docket Number
Lower Court Proceeding (generic)
Lower Court Disposition 02/25/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
Held for Court (Lower Court) M1 18§4304§§A1
Proceed to Court
Information Filed 03/16/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
DOCKET
Docket Number: CP-02-CR-0002579-2011
Court Case
CRIMINAL DOCKET
Page 2 of 4
Commonwealth of Pennsylvania
v.
Jason Gmuer
BAIL INFORMATION
Gmuer, Jason Nebbia Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Denied 07/06/2010 $0.00
Set 07/16/2010 Monetary 10.00% $100,000.00
Posted 09/01/2010
CHARGES
Seq. Orig Seq. Grade Statute Statute Description Offense Dt. OTN
1 1 18 § 2501 §§ACriminal Homicide 12/18/2008 G5002152
2 3 F1 18 § 2702 §§A1Aggravated Assault 12/18/2008 G5002152
3 Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
2 M1 18 § 4304 §§A112/18/2008 G5002152
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Grade Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Linked Offense - Sentence Link Type Linked Docket Number
Lower Court Proceeding (generic)
Lower Court Disposition 02/25/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
Held for Court (Lower Court) M1 18§4304§§A1
Proceed to Court
Information Filed 03/16/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
Watcher_of_all- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
COURT OF COMMON PLEAS OF ALLEGHENY COUNTYDOCKET
Docket Number: CP-02-CR-0002579-2011
Court CaseCRIMINAL DOCKETPage 1 of 4
Commonwealth of Pennsylvania
v.
Jason GmuerCASE INFORMATION
Cross Court Docket Nos: CR-0005845-10
Judge Assigned: Machen, Donald E. Date Filed: 03/01/2011 Initiation Date: 07/06/2010
OTN: G5002152 Lower Court Docket No: CR-0005845-10
Initial Issuing Authority: Judge Migrated Final Issuing Authority: Judge Migrated
Arresting Agency: Allegheny Cnty, Police Dept Arresting Officer: Matthews, Gregory S.
Case Local Number Type(s) Case Local Number(sSTATUS INFORMATIONCase Status:
Active Status Date Processing Status Arrest Date: 07/06/2010
04/15/2011 Awaiting Non-Jury Trial
03/29/2011 Awaiting Pre-Trial Conference
03/01/2011 Awaiting Formal Arraignment
03/01/2011 Awaiting Filing of Information
Complaint Date: 06/08/2010CALENDAR EVENTS
Schedule
Status
Start Room Judge Name
Time
Schedule
Start Date
Case Calendar Event
Type
Formal Arraignment 03/29/2011 9:00 am 519 Courthouse Scheduled
Pre-Trial Conference 04/15/2011 8:30 am Courtroom 327 Judge Donald E. Machen Scheduled
Non-Jury Trial 05/31/2011 9:00 am Courtroom 327 Judge Donald E. Machen Continued
Non-Jury Trial 10/24/2011 9:00 am Courtroom 327 Judge Donald E. Machen Continued
Non-Jury Trial 02/14/2012 9:00 am Courtroom 327 Judge Donald E. Machen Continued
Non-Jury Trial 03/26/2012 9:00 am Courtroom 327 Judge Donald E. Machen Scheduled
CONFINEMENT INFORMATION]
Still in
Custody
Confinement
Reason
Destination
Location
Confinement
Type
Confinement
Known As Of
07/16/2010 MDJ Confinement Bail Not Posted Yes
07/16/2010 MDJ Confinement Bail Not Posted Yes]
DEFENDANT INFORMATION
Date Of Birth: 11/01/1978 City/State/Zip: ARNOLD, PA 15068
CASE PARTICIPANTS
Participant Type Name
Defendant Gmuer, Jason
Printed: 02/17/2012
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183
AOPC 2220 - Rev 02/17/2012
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
DOCKET
Docket Number: CP-02-CR-0002579-2011
Court Case
CRIMINAL DOCKET
Page 2 of 4
Commonwealth of Pennsylvania
v.
Jason Gmuer
BAIL INFORMATION
Gmuer, Jason Nebbia Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Denied 07/06/2010 $0.00
Set 07/16/2010 Monetary 10.00% $100,000.00
Posted 09/01/2010
CHARGES
Seq. Orig Seq. Grade Statute Statute Description Offense Dt. OTN
1 118 § 2501 §§ACriminal Homicide 12/18/2008 G5002152
2 3 F118 § 2702 §§A1Aggravated Assault 12/18/2008 G5002152
3 Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
2 M118 § 4304 §§A112/18/2008 G5002152
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Grade Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Linked Offense - Sentence Link Type Linked Docket Number
Lower Court Proceeding (generic)
Lower Court Disposition 02/25/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
Held for Court (Lower Court) M1 18§4304§§A1
Proceed to Court
Information Filed 03/16/2011 Not Final
1 / Criminal Homicide Held for Court (Lower Court) 18§2501§§A
2 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1
3 / Endangering Welfare of Children -
Parent/Guardian/Other Commits Offense
Held for Court (Lower Court) M1 18§4304§§A1
Printed: 02/17/2012
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
AOPC 2220 - Rev 02/17/2012
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
DOCKET
Docket Number: CP-02-CR-0002579-2011
Court Case
CRIMINAL DOCKET
Page 3 of 4
Commonwealth of Pennsylvania
v.
Jason Gmuer
COMMONWEALTH INFORMATION
Name: Lisa Marie Pellegrini, Esq.
District Attorney
Supreme Court No: 079537
Phone Number(s):
Address:
Allegheny CO Da's Office
303 Crthse 436 Grant St
Pittsburgh PA 15219
ATTORNEY INFORMATION
ENTRIES
Sequence Number CP Filed Date Document Date Filed By
1 03/01/2011 Court of Common Pleas - Allegheny
County
Original Papers Received from Lower Court
1 03/16/2011 Commonwealth of Pennsylvania
Information Filed
1 03/17/2011 Difenderfer, William
Petition for Writ of Habeas Corpus
1 03/29/2011 Difenderfer, William
Entry of Appearance
1 05/16/2011 Difenderfer, William
Motion for Modification of Bail
1 09/28/2011 09/28/2011 Machen, Donald E.
Order Granting Motion for Modification of Bail/See conditions
Printed: 02/17/2012
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183
AOPC 2220 - Rev 02/17/2012
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
DOCKET
Docket Number: CP-02-CR-0002579-2011
Court Case
CRIMINAL DOCKET]
Page 4 of 4
Commonwealth of Pennsylvania
v.
Jason Gmuer
CASE FINANCIAL INFORMATION
Last Payment Date: Total of Last Payment:
Non Monetary Total
Payments
Gmuer, Jason Assessment Payments Adjustments
Defendant
Costs/Fees
Voucher Fee (Allegheny) $6.12 $0.00 $0.00 $0.00 $6.12
Voucher Fee (Allegheny) $6.12 $0.00 $0.00 $0.00 $6.12
Voucher Fee (Allegheny) $6.40 $0.00 $0.00 $0.00 $6.40
Voucher Fee (Allegheny) $6.12 $0.00 $0.00 $0.00 $6.12
Voucher Fee (Allegheny) $6.12 $0.00 $0.00 $0.00 $6.12
Voucher Fee (Allegheny) $8.64 $0.00 $0.00 $0.00 $8.64
Voucher Fee (Allegheny) $6.12 $0.00 $0.00 $0.00 $6.12
Voucher Fee (Allegheny) $7.10 $0.00 $0.00 $0.00 $7.10
Costs/Fees Totals: $52.74 $0.00 $0.00 $0.00 $52.74
Grand Totals: $52.74 $0.00 $0.00 $0.00 $52.74
** - Indicates assessment is subrogated
Printed: 02/17/2012
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183
AOPC 2220 - Rev 02/17/2012
Watcher_of_all- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
Defense experts tell of disease they say claimed 4-month-old from Castle Shannon whose father is charged with homicide
April 15, 2014, 11:24 p.m.
A medical expert's testimony about a 4-month-old boy's death could determine whether an Allegheny County judge sends a Castle Shannon man home or to prison.
Police charged Jason Gmuer, 35, with homicide, aggravated assault and endangering the welfare of children in 2011 in the death of his infant son, Nathan, on Dec. 18, 2008.
Gmuer's nonjury trial before Common Pleas Judge Donald Machen began on March 26, 2012, and has been conducted several days at a time with months in between because of scheduling conflicts. The next hearing is set for June 10.
Medical experts for the prosecution have said Gmuer violently shook his son and caused his death.
Experts for the defense on Tuesday said Nathan was born with a disease that caused blood clots, which they said ultimately led to his death.
Both sides agree the case is difficult because the only sign of trauma was one small bruise on the back of the boy's head, and it alone would not have caused his death.
“The issue now is a battle between trauma and natural disease,” said Gmuer's attorney, Bill Difenderfer.
Dr. Michael Laposata, a clinical pathologist at Vanderbilt University in Nashville who specializes in blood coagulation and studied Nathan's medical records, said the boy had a disease that caused hemorrhaging on his brain. Laposata said blood clots found on the boy's lungs — formed before he died — was the “most clear evidence” that he had been sick for “virtually all his life.”
“All of the pieces fit together that the child suffered from an underlying disease,” he said.
Experts for the prosecution, including doctors who treated Nathan at Children's Hospital of Pittsburgh, have said his injuries were consistent with trauma. Lucy Rorke-Adams, a forensic neuropathologist at The Children's Hospital of Philadelphia, testified at a previous hearing that she found signs of trauma and said in November 2009 the death was a homicide.
Gmuer told Allegheny County homicide detectives that he was bathing his son, who sat in a chair in the tub, when the child pushed up with his feet, fell backward and bumped his head, according to a criminal complaint.
Gmuer told detectives Nathan was “fussy” and coughing up formula, and wasn't moving later that evening. He called 911 when he saw the boy was unresponsive. Nathan died on Dec. 22.
Gmuer is free on a $100,000 bond.
Adam Brandolph is a staff writer for Trib Total Media. He can be reached at 412-391-0927 or abrandolph@tribweb.com.
Read more: http://triblive.com/news/allegheny/5952198-74/gmuer-death-disease#ixzz2zWpbGAMR
Follow us: @triblive on Twitter | triblive on Facebook
April 15, 2014, 11:24 p.m.
A medical expert's testimony about a 4-month-old boy's death could determine whether an Allegheny County judge sends a Castle Shannon man home or to prison.
Police charged Jason Gmuer, 35, with homicide, aggravated assault and endangering the welfare of children in 2011 in the death of his infant son, Nathan, on Dec. 18, 2008.
Gmuer's nonjury trial before Common Pleas Judge Donald Machen began on March 26, 2012, and has been conducted several days at a time with months in between because of scheduling conflicts. The next hearing is set for June 10.
Medical experts for the prosecution have said Gmuer violently shook his son and caused his death.
Experts for the defense on Tuesday said Nathan was born with a disease that caused blood clots, which they said ultimately led to his death.
Both sides agree the case is difficult because the only sign of trauma was one small bruise on the back of the boy's head, and it alone would not have caused his death.
“The issue now is a battle between trauma and natural disease,” said Gmuer's attorney, Bill Difenderfer.
Dr. Michael Laposata, a clinical pathologist at Vanderbilt University in Nashville who specializes in blood coagulation and studied Nathan's medical records, said the boy had a disease that caused hemorrhaging on his brain. Laposata said blood clots found on the boy's lungs — formed before he died — was the “most clear evidence” that he had been sick for “virtually all his life.”
“All of the pieces fit together that the child suffered from an underlying disease,” he said.
Experts for the prosecution, including doctors who treated Nathan at Children's Hospital of Pittsburgh, have said his injuries were consistent with trauma. Lucy Rorke-Adams, a forensic neuropathologist at The Children's Hospital of Philadelphia, testified at a previous hearing that she found signs of trauma and said in November 2009 the death was a homicide.
Gmuer told Allegheny County homicide detectives that he was bathing his son, who sat in a chair in the tub, when the child pushed up with his feet, fell backward and bumped his head, according to a criminal complaint.
Gmuer told detectives Nathan was “fussy” and coughing up formula, and wasn't moving later that evening. He called 911 when he saw the boy was unresponsive. Nathan died on Dec. 22.
Gmuer is free on a $100,000 bond.
Adam Brandolph is a staff writer for Trib Total Media. He can be reached at 412-391-0927 or abrandolph@tribweb.com.
Read more: http://triblive.com/news/allegheny/5952198-74/gmuer-death-disease#ixzz2zWpbGAMR
Follow us: @triblive on Twitter | triblive on Facebook
mermaid55- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: NATHAN GMUER - 4 Months (2008)/ Acquitted: Father; Jason Gmuer - Turtle Creek PA
Castle Shannon man accused of killing infant son acquitted on all charges
By Adam Brandolph
Published: Tuesday, June 10, 2014, 1:21 p.m.
Updated 17 hours ago
An Allegheny County judge on Tuesday acquitted a Castle Shannon man of all charges in the death of his 4-month-old son nearly six years ago.
Authorities charged Jason Gmuer, 35, with homicide, aggravated assault and endangering the welfare of children in 2011.
Medical experts who testified during Gmuer's trial gave varying opinions about the infant's cause of death. Common Pleas Judge Donald E. Machen said that testimony was sufficient to raise reasonable doubt about whether Gmuer killed his son, Nathan.
“The judge found the truth,” Gmuer said.
Medical experts for the prosecution said Gmuer violently shook his son and caused his death in December 2008. Experts for the defense said Nathan was born with a disease that caused blood clots, which they said ultimately led to his death.
Both sides agreed the case was difficult because the only sign of trauma was a small bruise on the back of the boy's head. It alone would not have caused his death, they said.
“There's bias on both sides. There's passion on both sides,” Assistant District Attorney Lisa Pellegrini said.
Dr. Michael Laposata, a clinical pathologist at Vanderbilt University who specializes in blood coagulation, studied Nathan's medical records. She testified in April the boy had a disease that caused hemorrhaging on his brain.
Laposata said blood clots found on the boy's lungs — formed before he died — was the “most clear evidence” that he had been sick for “virtually all his life.”
Experts for the prosecution, including doctors who treated Nathan at Children's Hospital in Lawrenceville, said his injuries were consistent with trauma.
Lucy Rorke-Adams, a forensic neuropathologist at The Children's Hospital of Philadelphia, testified at a previous hearing that she found signs of trauma, and in November 2009, ruled his death a homicide.
According to a criminal complaint, Gmuer told Allegheny County homicide detectives that he was bathing his son, who sat in a chair in the tub, when the child pushed up with his feet, fell backward and bumped his head.
Gmuer told detectives Nathan was “fussy” and coughing up formula, and wasn't moving later that evening. He called 911 when he saw the boy was unresponsive.
Defense attorney Bill Difenderfer said Gmuer, who has been prohibited from seeing Nathan's twin brother since 2011, plans to ask a judge for permission to see his son as soon as possible.
http://triblive.com/news/adminpage/6260053-74/death-gmuer-son#ixzz34M9NdNQ1
Follow us: @triblive on Twitter | triblive on Facebook
By Adam Brandolph
Published: Tuesday, June 10, 2014, 1:21 p.m.
Updated 17 hours ago
An Allegheny County judge on Tuesday acquitted a Castle Shannon man of all charges in the death of his 4-month-old son nearly six years ago.
Authorities charged Jason Gmuer, 35, with homicide, aggravated assault and endangering the welfare of children in 2011.
Medical experts who testified during Gmuer's trial gave varying opinions about the infant's cause of death. Common Pleas Judge Donald E. Machen said that testimony was sufficient to raise reasonable doubt about whether Gmuer killed his son, Nathan.
“The judge found the truth,” Gmuer said.
Medical experts for the prosecution said Gmuer violently shook his son and caused his death in December 2008. Experts for the defense said Nathan was born with a disease that caused blood clots, which they said ultimately led to his death.
Both sides agreed the case was difficult because the only sign of trauma was a small bruise on the back of the boy's head. It alone would not have caused his death, they said.
“There's bias on both sides. There's passion on both sides,” Assistant District Attorney Lisa Pellegrini said.
Dr. Michael Laposata, a clinical pathologist at Vanderbilt University who specializes in blood coagulation, studied Nathan's medical records. She testified in April the boy had a disease that caused hemorrhaging on his brain.
Laposata said blood clots found on the boy's lungs — formed before he died — was the “most clear evidence” that he had been sick for “virtually all his life.”
Experts for the prosecution, including doctors who treated Nathan at Children's Hospital in Lawrenceville, said his injuries were consistent with trauma.
Lucy Rorke-Adams, a forensic neuropathologist at The Children's Hospital of Philadelphia, testified at a previous hearing that she found signs of trauma, and in November 2009, ruled his death a homicide.
According to a criminal complaint, Gmuer told Allegheny County homicide detectives that he was bathing his son, who sat in a chair in the tub, when the child pushed up with his feet, fell backward and bumped his head.
Gmuer told detectives Nathan was “fussy” and coughing up formula, and wasn't moving later that evening. He called 911 when he saw the boy was unresponsive.
Defense attorney Bill Difenderfer said Gmuer, who has been prohibited from seeing Nathan's twin brother since 2011, plans to ask a judge for permission to see his son as soon as possible.
http://triblive.com/news/adminpage/6260053-74/death-gmuer-son#ixzz34M9NdNQ1
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