CANADA • Daniel HERCHAK, 26 days old (2010) ~ Calgary AB

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Shelby Herchak, 18yrs old when charged last summer with second degree murder in the death of her 26-day-old son, Daniel, who died 10 hours after being rushed by paramedics to hospital. He was killed by blunt-force trauma to the head, which an autopsy indicated was not accidental.

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Parents of woman accused of killing infant son rescind bail

Mom charged with breaching conditions
February 22, 2011

Accused baby killer Shelby Herchak faces a much tougher task of meeting her release conditions after her parents rescinded their $30,000 bail.

Herchak, 19, was released on house arrest and the cash after she was charged with second-degree murder last summer in connection with the death of her 26-day-old infant, then ordered released again last week on another $1,000 after she was picked up on seven counts of breaching conditions.

But she never left the Calgary Remand Centre after her parents pulled the plug following her bail hearing on the breaches last week.

At that time, a condition of her release was changed so that she reside with her grandfather instead of her aunt.

The court appearance on Tuesday had been set aside for Crown prosecutor Julie Morgan's application to have a psychiatric assessment on Herchak, to see if she was suffering from a mental disorder when her child died on Aug. 9.

However, lawyer Kim Ross requested the delay to next Tuesday to receive and review the child's autopsy report.

Herchak is charged with three counts each of breaching curfew and not answering her door for a police officer and one count of not abiding by a bail clause by using a cellphone on Feb. 12.

These breaches all relate to not answering curfew checks when she was expected to be at home on Dec. 16, Feb. 5 and Feb. 12. Morgan said.

Herchak was charged two weeks after her newborn son Daniel died at Alberta Children's Hospital after being rushed there.

Hospital officials contacted police about the suspicious injuries. An autopsy determined the cause of death was blunt force trauma to the head.

Read more: http://www.calgaryherald.com/Parents+woman+accused+killing+infant+rescind+bail/4328741/story.html#ixzz1EkDMQLGa

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More on Daniel's story from August, 2010

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VIDEO REPORT: Mother faces murder charge

Calgary mother charged with killing her baby
August 25, 2010

Shelby Anna Herchak, 18, has been charged with second-degree murder in the death of her infant son in Calgary.

Daniel Herchak was 26 days old when he died 10 hours after being rushed by paramedics to the Alberta Children's Hospital on Aug. 9.

The baby was killed by blunt-force trauma to the head, which an autopsy indicated was not accidental, police said.

Homicide detectives arrested Herchak on Tuesday afternoon and police announced the murder charge Wednesday.

"We believe the injuries were caused by one or more impacts with a solid object, or against a solid object," said Acting Insp. Doug Andrus.


Shelby Anna Herchak, 18, faces a charge of
second-degree murder in the death of her 26-day-old baby.

A charge of second-degree murder involves the intent to commit murder, but not planning or deliberation, he added.

The baby's father, who is estranged from the mother, is not being investigated, police said.

"We have interviewed everyone who had access to the child. We don't believe anybody witnessed the incident," Andrus said.

There were several postings on the social networking website Facebook alleging Herchak had been at a nightclub in the hours leading up to her baby's death, Andrus said.

"It is known that she had been drinking in the past 24 hours. But whether that played a role in this incident, I can't speculate," he said.

Related: Slain Calgary baby died of head trauma | Police probe infant's 'suspicious' death

http://www.cbc.ca/news/canada/calgary/story/2010/08/25/calgary-infant-herchak-arrest-woman.html




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Mother charged in 26-day-old son's death

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"We believe the injuries were caused by one or more impacts with a solid object or against a solid object."

There were no witnesses to the incident, Andrus said, but Shelby Herchak's mother and father were in the home at the time. It was her mother who called paramedics to report that the infant was hurt.

An ambulance rushed the baby to hospital. Because of the nature of his injuries, hospital staff contacted the child abuse unit, which then contacted the homicide unit. Police have indicated Daniel's father is not a suspect because he was estranged from the baby's mother and was not involved in raising the child.

READ MORE

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Assessment of accused baby killer Shelby Herchak delayed
March 30, 2011


Shelby Herchak is escorted to the arrest processing unit in Calgary last August.
Photograph by: Stuart Gradon

The Crown’s bid for an assessment of accused baby killer Shelby Herchak, to see if infanticide was a factor in the case, has been delayed.

Prosecutor Julie Morgan opposed an adjournment application by defence lawyer Kim Ross on Tuesday, but provincial court Judge Allan Fradsham granted it when Ross said he had received new information after meeting his client over the past couple of days.

Ross told Fradsham he needed time to pursue the information.

The 19-year-old woman has so far not consented to such an assessment.

Herchak was arrested and charged with second-degree murder last summer in connection with the death of her 26-day-old infant.

She was charged two weeks after the death of her newborn son, Daniel, at Alberta Children’s Hospital after being rushed there.

Hospital officials contacted police about the suspicious injuries. An autopsy determined the cause of death was blunt force trauma to the head.

She was released on $30,000 bail posted by her parents, to be under house arrest. However, they rescinded it after she was arrested and charged in February with seven counts of breaching release conditions. She remains in custody.

Herchak is charged with three counts each of breaching curfew and not answering her door for a police officer — on Dec. 16, Feb. 5 and Feb. 12 — and one count of not abiding by a bail clause by using a cellphone on Feb. 12.

She will be back in court on all charges April 27.

http://www.calgaryherald.com/news/Assessment+accused+baby+killer+Shelby+Herchak+delayed/4524554/story.html

Accused baby killer Shelby Herchak to have psychiatric assessment
June 02, 2011


Police escort Shelby Herchak to the Calgary police arrest processing unit on Aug. 24, 2010. Herchak, 19, who is charged with second-degree murder in the death of her 26-day-old son Daniel last summer, was ordered Wednesday to undergo a 30-day assessment at the Southern Alberta Forensic Psychiatric Centre.


CALGARY — Accused baby killer Shelby Herchak has been ordered to undergo a 30-day assessment to see if the death of her 26-day-old son Daniel last summer may have been a case of infanticide.

Provincial court Judge Allan Fradsham on Wednesday made the order for the 19-year-old woman to be transferred to the Southern Alberta Forensic Psychiatric Centre under the care of Dr. Kenneth Hashman or his designate.

“My view, in the face of it, raises an issue,” Fradsham said following the application by Crown prosecutor Julie Morgan. “Given that the accused takes no issue, I will make that order.”

Defence lawyer Kim Ross had previously told court his client, facing a charge of second-degree murder, did not consent to the psychiatric testing. But Ross said he now takes no position.

Morgan said the tests will help determine if Herchak was of sound mind at the time of the infant’s slaying.

“Ms. Herchak is alleged to have ended the life of a child less than 30 days old,” Morgan told court. “The Crown says there may be a defence under a section of the Criminal Code, in which her mind may have been disturbed and she is a female charged with the death of a child.”

Morgan, however, is not expecting the psychiatric unit will be able to complete its assessment within 30 days because of its heavy workload and expects a 30-day extension will be requested when Herchak next appears in court by closed-circuit television on June 29.

Herchak is facing a five-day preliminary hearing to begin Oct. 24, to determine if there is enough evidence to go to trial.

She was arrested last summer in connection with the death of her newborn son after he was rushed to Alberta Children’s Hospital from the family’s Lakeview home in the city’s southwest early Aug. 9. He died later that day.

Hospital officials subsequently contacted police about the suspicious injuries. An autopsy determined the cause of death was blunt-force trauma to the head.

The baby’s biological father, whom police said at the time was estranged from Herchak, was not a suspect.

Part of the police investigation centred around Herchak’s former Facebook page, where she was posting about meeting friends at a Macleod Trail nightclub and other conversations about being hungover.

Shortly after police announced Daniel’s death was considered a homicide, Herchak defended herself online, saying the news of a homicide investigation was “untrue.”

She posted a black and white photo of a newborn infant being cradled in hands. Words imposed over top said: r.i.p. Daniel Wayne Herchak. July 14 2010-august 9th 2010. celebration of Life <3.

Her family has declined to comment.

Herchak was later granted bail, but it was rescinded by her parents after she was charged with seven counts of breaching conditions of release — mostly for not abiding by a curfew. She remains in custody.

http://www.calgaryherald.com/news/Accused+baby+killer+Shelby+Herchak+have+psychiatric+assessment/4876708/story.html

Accused baby-killer jailed after tests
July 29, 2011

Accused baby killer Shelby Anna Herchak has been returned to remand after psychiatric tests to determine whether she qualifies for an infanticide charge were completed.

But Crown prosecutor Julie Morgan told court Friday the results of the assessment are not yet finalized.

Morgan said psychiatrist Dr. Vijay Singh, who examined the Calgary woman at a hospital in Edmonton, must now prepare a report on his findings.

Morgan told provincial court Judge Cheryl Daniel that Singh’s findings will be filed by Aug. 12, well in advance of a preliminary inquiry scheduled in the case.

Herchak, who was 18 at the time, was taken into custody and charged last Aug. 25, with second-degree murder in connection with the death of her 26-day-old son, Daniel.

Police said the baby likely endured “one or more impacts with a solid object or against a solid object.”

The purpose of the assessment is to determine “whether the balance of the mind of the accused was disturbed at the time of the commission of the alleged offence.”

If so, Herchak could be entitled to a finding of guilt to a reduced charge of infanticide if a court rules she did in fact cause her child’s death.

Unlike murder, which carries an automatic life sentence, infanticide has a maximum penalty of five years in prison.

Earlier this year, the Alberta Court of Appeal overturned the murder conviction of a Wetaskiwin woman who strangled her newborn and tossed his body into a neighbour’s yard, substituting an infanticide verdict.

Herchak, who is in custody because her parents pulled her bail surety after her arrest for alleged breaches, faces a five-day preliminary inquiry beginning Oct. 24.

http://www.calgarysun.com/2011/07/29/accused-baby-killer-jailed-after-tests

Preliminary trial begins for accused baby killer
October 24, 2011



Evidence to determine if Calgary mom Shelby Anna Herchak will stand trial for murder in the slaying of her infant son began Monday.

Crown prosecutor Julie Morgan said she expects to call between five and eight witnesses during the scheduled week-long preliminary inquiry Herchak is facing.

At defence lawyer Kim Ross’ request, provincial court Judge Paul Mason imposed a publication ban on the evidence being adduced by the Crown.

Mason will be asked to order Herchak, 20, to stand trial on a charge of second-degree murder in the Aug. 25, 2010 death of her son, Daniel.

Police said the 26-day-old baby likely endured “one or more impacts with a solid object, or against a solid object,” after arresting the then-18-year-old Herchak.

While she is charged with murder, Herchak has also undergone psychiatric testing to determine if she qualifies for a finding of guilt of infanticide.

Results of the testing, which was requested by the Crown, have not been made public.

If convicted of infanticide instead of murder, Herchak would be facing a much less severe sentence.

Unlike murder, which carries an automatic life sentence, infanticide has a maximum penalty of five years in prison and no minimum punishment.

Outside court, Morgan said while the hearing is set for five days, it will likely end in three or four.

Herchak remains in custody pending resolution of her case.

http://www.calgarysun.com/2011/10/24/preliminary-trial-begins-for-accused-baby-killer

Mom to stand trial in infant son's death
October 27, 2011

A teary Shelby Anna Herchak was ordered Thursday to stand trial for murder in the death of her Calgary newborn.

Provincial court Judge Paul Mason ruled there was sufficient evidence to put the case before a jury at the conclusion of a four-day preliminary inquiry.

“There is some evidence on which a jury properly instructed could (convict),” Mason said, in finding Crown prosecutor Julie Morgan had met the minimal threshold required for committal.

Herchak, 20, faces a charge of second-degree murder in the Aug. 25, 2010, death of her son, Daniel.

Defence lawyer Kim Ross noted the burden on the Crown to get his client to trial was a minimal one.

“I’ll term it a low threshold test,” Ross said.

Mason agreed, saying based on the evidence he heard the case would be sent on for a Court of Queen’s Bench trial.

“I am satisfied that you should be committed on the charge of second-degree murder,” he told a crying Herchak.

The bleary-eyed accused was then returned to cells wiping tears from her eyes as she left court, pending her next appearance on Jan. 13, when it’s expected a trial date will be set.

At Ross’ request, Mason imposed a publication ban on the evidence called by Morgan during the preliminary hearing.

Read more