COLE BODNAR -3 months- Lower Makefield PA

LOWER MAKEFIELD

Dad convicted in baby shaking case



Saturday, July 16, 2011



Each one of the 12 jurors was a parent or a grandparent.

They could picture what the prosecutor said happened — that a frustrated Lower Makefield man recklessly, but unintentionally, shook his baby so hard its brain bled.

“"You have a baby that's crying for three hours, and you're ready to blow your own brains out,”" jury foreman Ed Traub told the newspaper. “"It's easy to see how this could happen."

But, Traub added, “he did what he did.” The jury of six men and six women on Friday convicted Milo Bodnar on all counts in the child abuse case, including aggravated assault, a first-degree felony punishable by up to 20 years in prison.

Bodnar's son Cole was 3 months old at the time. Because Bodnar is convicted of injuring a child younger than 1, the 46-year-old faces a mandatory minimum sentence of five years in state prison.

The child has since recovered from his injuries.

Bucks County Judge Diane Gibbons, who praised the jurors for their verdict, revoked Bodnar's bail. His face red, he was taken away in handcuffs.

The jury deliberated for more than two hours on Friday. The week-long trial was partly a battle of experts with each side offering reasons for why Cole was rushed to the hospital in May 2010.

Doctors from The Children's Hospital of Philadelphia, who treated Cole, told the jury his injuries were consistent with being vigorously shaken. Experts flown in by the defense said Cole likely suffered bleeding on the brain at birth — only for the problem to present itself that day.

CHOP's doctors won that argument.

“"We have a great deal of respect for CHOP,”" said Traub, the jury foreman. "“(The defense's) expert witnesses were a joke. They never saw the child. They were referring to him as a kid. His name is Cole.”"

Bodnar's attorney, Matthew Wilkov, had argued that Bodnar never displayed any signs of abuse. Maureen Kushmore, Cole's mother and Bodnar's girlfriend, had testified that Bodnar was a caring and loving father.

Even Bodnar, who took the stand on Friday, couldn't sway the jury.

He described a morning in which his son was fussy and crying. But the father said he had everything under control.

Bodnar said he began to give Cole a bath when halfway through it appeared as if Cole were asleep. Bodnar then picked up Cole, who began crying and then screaming. Then Cole arched his back before going into the fetal position and then going limp, like he was unconscious.

Bodnar said that's when he gently shook the baby to try to revive him –but in not such a way that could hurt the child.

Bodnar said he performed CPR on the infant, and began giving the child breaths.

Then, Kushmore called. Bodnar told her what was happening. She called 911.

Bodnar said he never thought to call 911, or anyone else, because he felt like he had things under control, and he was focused on helping his son.

“"So you took it upon yourself to do what you needed to do?"” prosecutor David Zellis asked.

Bodnar said “"yes."”

“"From 10 to 12:42 it never occurred to you call Maureen and say I'm running out of options?"” Zellis asked.

Bodnar said “"no."”

Zellis asked the jurors to consider why Bodnar didn't call 911, or anybody. He asked the jurors to consider why the baby was perfectly healthy until that day. Zellis said Bodnar refused to take responsibility.

“"(Zellis) did an excellent job, especially in his summation,"” said Traub, the jury foreman. "“It was a very emotional trial. It wasn't easy on any of us. There was a lot of soul searching going on in there.”"

Before his sentence is scheduled, Bodnar must undergo a pre-sentence evaluation, which will take in to account two DUI convictions from the 2000s. He has not been allowed to see his son for more than a year.

http://www.phillyburbs.com/dad-convicted-in-baby-shaking-case/article_cd30f410-afa7-11e0-a8fe-001a4bcf6878.html