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

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

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.


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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
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