JULIANA BERRY - 2 yo (2008) - Dayton OH

The defense went to work Thursday, Sept. 3, trying to dismantle the
picture prosecutors painted of Malak Deek as a mother who did nothing
to stop the abuse they say led to the death of her 2-year-old daughter,
Juliana Berry.Called to the stand by Deek’s attorney, Alan
Gabel, family, friends and coworkers of the 21-year-old mother
described her as a loving parent and hard worker. The witnesses said
they never saw serious injuries on the little girl.“She loved
her daughter,” said Vicki Bowman, who worked with Deek at Speedway in
Fairborn. “She wouldn’t let anyone hurt her daughter.”Cheryl
Adkins, another co-worker, said Deek was a “basket case” when she
learned her daughter was in a coma at Children’s Medical Center of
Dayton. “She was all upset and terrified. She was afraid for the kid,”
Adkins said.Juliana was rushed to the hospital Dec. 27 after
Deek’s boyfriend Brian LaPrairie called police dispatch to report the
child was unresponsive. She died two days later and an autopsy report
said she suffered from “battered baby syndrome,” caused by repeated
abuse.Deek faces involuntary manslaughter and child endangering
charges because prosecutors allege she did nothing to stop abuse at the
hands of LaPrairie.LaPrairie will be tried Sept. 21 for murder and felonious assault. He and Deek also faces charges for selling marijuana.Gabel
also called Dr. D. Radford Shanklin, a Tennessee physician and
professor, who tried to cast doubt on the theory that Juliana was
repeatedly battered.Shanklin testified that the bruises and
broken bones found during autopsy did not cause Juliana’s death. A blow
to the head, which he estimated had occurred Dec. 27 while Deek was at
work, likely killed the 2-year-old, Shanklin said.Testimony is
expected to continue today, Sept. 4, and as many as 20 witnesses could
be called in Deek’s defense, court officials said.

A Greene County Common Pleas jury will reconvene Friday morning, Sept.
11, to continue deliberating the fate of a Fairborn mother accused in the
death of her 2-year-old daughter.

The jury deliberated seven hours Thursday after listening to summations by
attorneys in the case against Malak Deek, 21.

“She allowed her child to remain in an environment where she was beaten,
repeatedly, and she did nothing to stop it,” Nicole Burke, assistant county
prosecutor, told the jury.

“She turned a blind eye and had no regrets. That’s not a mother, not a mommy,
that’s the defendant.”

Defense attorney Alan Gabel, in his closing, argued that the evidence showed
prosecutors were nowhere near meeting their burden of proof.

“The doubt is filling the courtroom, it’s all over the place,” he said.

Juliana Berry was rushed to Children’s Medical Center Dayton on Dec. 27
because she was unresponsive. She died two days later.

The Montgomery County coroner ruled that she died from blunt force trauma to
the head and suffered from “battered baby syndrome,” characterized by
repeated abuse.

Deek is charged with involuntary manslaughter and child endangering. She’s
accused of doing nothing to stop the repeated beatings her daughter suffered
at the hands of Brian LaPrairie, her live-in boyfriend, whose child Deek now
carries.

LaPrairie will stand trial Sept. 21 on charges of murder and felonious
assault. Both also face charges of drug trafficking, for selling marijuana.

Gabel said the state’s witnesses could not prove Deek knew of any abuse and
that all of Juliana’s injuries could have occurred Dec. 27, just before the
child was rushed to the hospital, when Deek was at work.

“This is not a woman who would let her child get beaten,” Gabel said.

But the injuries found on Juliana’s body at autopsy, Burke argued, showed a
pattern of repeated abuse. She had a skull fracture, 11 broken ribs,
lacerated liver and bruises all over her body.

“These imaginary theories are road blocks and detours to deflect what really
happened in that house,” Burke said.

It’s unclear when Malak Deek gets out of jail in six months if she
will regain custody of the daughter she conceived with Brian
LaPrairie, her former boyfriend who was convicted of killing her 2-year-old daughter,
Juliana “Amina” Berry.
Deek said Tuesday before her March 31 sentencing hearing that Greene
County Children’s Services was trying to win full custody of the girl she
gave birth to late last year.
“It keeps part of my family away from me,” Deek said. “I’m not a threat
to society. I need to be out there for her.”
J.J. Kunkle, children’s services spokeswoman, said after Deek’s
conviction of misdemeanor child endangering that children’s services would likely
work to reunite Deek and her infant daughter after she served her jail term.
Kunkle declined to discuss the case Wednesday for “confidentiality” reasons,
but said in all custody cases many things are considered.
Deek said that she’s been told children’s services officials are trying
to get full custody of her daughter.
“I feel like I want to scream,” Deek said in a Tuesday interview. “I
really want to grieve (for Juliana), but it’s hard to when you have to keep fighting.”
Deek said she has had visitation twice a week with the child since the
infant was taken from her moments after being born. “I’m afraid if they put
me in jail, they’ll get full custody of her,” she said.
Deek’s first child, Juliana, died after a vicious beating by Deek’s
live-in boyfriend, LaPrarie, on Dec. 27, 2008, while Deek was at work. The
child was in a coma at Children’s Medical Center Dayton where she died two days
later and suffered from what the coroner called “battered baby syndrome,”
which is characterized by repeated abuse.
Deek has been tried twice in connection with Juliana’s death. The first
trial began on what would have been Juliana’s third birthday and ended with a
hung jury. In the second trial, jurors acquitted Deek of the most serious
charges of felony child endangering and involuntary manslaughter. LaPrairie
pleaded guilty to those charges in December and is serving a 20-year prison term.
Common Pleas Court Judge Stephen A. Wolaver gave Deek the maximum
six-month sentence because he said it was evident that she could have prevented
Juliana’s death. She also must pay a $1,000 fine and court costs.
James Armstrong, Deek’s attorney, asked for probation and hopes she
will be allowed to work while serving her sentence.
“Obviously, we are very disappointed he gave her the maximum sentence,”
he said after sentencing. Deek hasn’t decided if she will appeal, he said.

Mom acquitted of manslaughter in daughter's death may unite with 2nd child


The father was convicted of killing her first daughter.





Updated 1:16 AM Tuesday, February 23, 2010
XENIA — The mother acquitted last week of the most serious charge in her 2-year-old daughter’s death will likely regain custody of a daughter fathered by the former boyfriend convicted in the beating death of the toddler, Greene County authorities said Monday, Feb. 22.
County children services officials said they are working on a plan to reunite Malak Deek with her infant daughter, who was born last fall but immediately placed with the state as Deek awaited a second trial in the death of her first daughter, Juliana Berry.
On Feb. 19, a Common Pleas jury acquitted Deek of involuntary manslaughter and convicted her on misdemeanor child endangerment.
She remains free on bond pending sentencing. Deek faces a maximum of six months in jail.
J.J. Kunkle, spokeswoman for children services, said Deek’s newborn was taken from her because she was under indictment in Juliana’s death.
Kunkle said the misdemeanor conviction should not prevent Deek from regaining custody.
“Because of the misdemeanor, we will work on a reunification plan with (Deek),” Kunkle said. “Obviously, we want what is best for the child.”
Kunkle said Deek will be reunited with her daughter depending when her sentencing is scheduled. Deek will be required to develop a “safety plan” and possibly take parenting classes, Kunkle noted.
County Prosecutor Stephen K. Haller said he was “puzzled” after jurors ruled Deek’s actions did not result in serious physical harm to Juliana.
Her former boyfriend, Brian LaPrairie, is serving a 22-year prison sentence for Juliana’s death. He called medics to the Fairborn home he shared with Deek and her daughter on Dec. 27, 2008, because the child was unresponsive after police said she had been beaten into a coma.
Haller told jurors that Deek knew LaPrairie had been abusing Juliana but did nothing to stop it because she was dependent on her boyfriend and his family for child care and a place to live.
LaPrairie pleaded guilty to involuntary manslaughter, child endangering, drug trafficking and a weapons charge in exchange for prosecutors dropping more serious allegations of murder and felonious assault.
After the trial, Deek said she was angered by Haller’s contention that Juliana was never happy during the two months they lived on Pat Lane.
“When he said that, I was shocked,” she said. “I was just so upset.”
Deek said she does not know how her daughter suffered the broken ribs, bruises and skull fracture that led to her death.
“It’s so hard to believe, to this day, she could have had all the stuff wrong with her that they say,” Deek said.
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