BRYSON MERSHON - 4 months -(2009) Lancaster OH

Investigators are looking into who or what caused fatal injuries to a 4-month-old Lancaster boy.
According to a Lancaster police report, the department has opened a
murder investigation into the death of Bryson Mershon. No one has
been charged in the boy's death.Bryson was living with his aunt, Kristina M. Mowery, and her boyfriend, Eric D. Hopkins, at 332 Trace Drive, Apt. 26.Bryson died at Nationwide Children's Hospital at 6:21 p.m. Wednesday.On Oct. 31, Hopkins and Mowery contacted emergency services because Bryson was unresponsive.The child had subdural hemorrhages, skull fractures and multiple fractures, according to a Lancaster police report.However,
Hopkins' brother, Andy Hopkins, who lives nearby, said he can't believe
the couple had anything to do with the injuries."They loved that
child," Andy Hopkins said. "They already had two children they were
taking care of and took in Bryson. They wanted to keep him out of a
foster home."Lancaster police, Fairfield County Children
Services and officials from Children's Hospital are investigating
"multiple fatal injuries" found on Bryson, according to a news release
from the Lancaster police department.According to the release, Bryson sustained multiple, non-accidental, life-threatening injuries."Bryson had been placed with Hopkins and Mowery since birth and was in their exclusive care since that time," the release said.Jean Griffith, a next-door neighbor of Mowery and Hopkins, on Thursday said she hadn't seen the couple for days."But they treated (Bryson) like one of their own," Griffith said. "They loved that child. I don't know what is going on."Bryson's
condition was brought to light during a Fairfield County commissioners'
meeting on Tuesday, in which commissioners discussed having a child in
the custody of Fairfield County Child Protective Services in critical
condition. Bryson was born with cocaine in his system, according to
court records.Rich Bowlen, director of the Fairfield County
Child Protective Services, said he would not comment on the
investigation based on advice from the Fairfield County Prosecutor's
Office.However, he did say his office was handling a significant increase in the number of calls concerning children's conditions."In 2007, we had 4,400 calls, and as of Oct. 31, we have had 4,400 calls," Bowlen said.The number of calls specifically regarding abuse and neglect of children was 675 in 2007 and had reached 670 in 2009 by Oct. 31.The number of calls that rose to the level of a physical abuse investigation was 206 in 2007 and up to 158 by Oct. 31 in 2009.The prosecutor's office would not comment on the case."The
prosecutor's office is very sad to hear Bryson has passed away,"
Fairfield County Assistant Prosecutor Gregg Marx said. "Our office is
unwilling to comment on the progress of any investigation."

Two suspects in the death of a 4-month-old Lancaster boy have lost a legal tug of war over his body.
Denying a request to preserve the body of Bryson Mershon, a judge
ruled Tuesday that Fairfield County Children Services can bury or
cremate the infant.
The baby died Nov. 18 of multiple "non-accidental injuries" that
included skull fractures and bleeding in the brain, according to
Lancaster police.
Authorities are awaiting autopsy results, and no one has been charged in the child's death.Identifying themselves as suspects in the death, Kristina Mowery and
Eric Hopkins asked Common Pleas Court Judge Chris Martin to order the
preservation of the infant's body to assist their defense against any
charges.
Mowery, the infant's 23-year-old aunt, and her fiance, Hopkins, 30,
became the baby's foster parents after he was taken from his mother
after he was born on July 4 with drugs in his system.
Hopkins summoned paramedics to the couple's Trace Drive apartment in
Lancaster on Oct. 31, saying he had found the infant unresponsive.
Police later identified Mowery and Hopkins as suspects in the death.
Children services officials were granted permanent custody of the brain-dead child on Nov. 13, five days before he died.
Gregg Marx, an assistant county prosecutor, said he argued that
Mowery and Hopkins had no right to intervene in the matter because they
have not been charged with any offense.
Columbus lawyer David Thomas, who is representing Mowery and
Hopkins, said they went to court after learning there were plans to
cremate the baby's body.
"We simply wanted to make sure any evidence is properly preserved in the event any criminal charges are filed," Thomas said.
"We're not trying to be insensitive to a very tragic situation; we
just needed to do everything possible to protect our clients' rights."

Case Number: 2010 CR 00157 B Status: Open Judge: CHRIS MARTIN In The Matter Of: STATE OF OHIO vs. KRISTINA MOWERY	3/14/2011						NOTICE OF JURY TRAIL (OCTOBER 18, 2011 @ 9:00 AM)
	3/22/2011		176		621		ORDER GRANTING MOTION FOR SUPPLEMENTAL FUNDING FOR THOMAS W. YOUNG, M.D.-FORENSIC PATHOLOGIST
	3/22/2011						DEFENDANTS MOTION FOR SUPPLEMENTAL FUNDING FOR FORENSIC PATHOLOGIST
	3/29/2011		177		245		JOURNAL ENTRY - BOND MODIFICATION DELETE GPS

http://www.fairfieldcountyclerk.com/Search/report.asp?txtCaseNum=78084758

Case Number: 2010 CR 00157 A	Status: Open	Judge: RICHARD BERENS
In The Matter Of: STATE OF OHIO vs. ERIC HOPKINS

1/24/2011		173		131		ENTRY OF CONTINUANCE OF JURY TRIAL (8-2-11 9:00 A.M.)
	1/25/2011		173		233		ENTRY SETTING CASE FOR JURY TRIAL (8-2-11 @ 9:00 AM)
	1/26/2011						SUBPENA RETURNED ENDORSED SERVICE AS INDICATED UPON KEEPER OF THE RECORDS JOB AND FAMILY SERVICES
	1/26/2011						PRECIPE FOR SUBPOENA
	1/26/2011						ISSUED SUBPOENAS
	1/31/2011		173		465		EX PARTE ORDER TO PRODUCE RECORDS
	2/17/2011						ISSUED SUBPOENA
	2/17/2011						PRECIPE FOR SUBPOENA

Jurors acquit Eric Hopkins on all charges in 4-month-old's death

Flanked by his attorneys Dave Thomas, left, and William Meeks, right, Eric Hopkins reacts Wednesday after being found not guilty of all charges in the murder trial in Fairfield County Common Pleas Court in Lancaster. Hopkins was on trial for the 2009 death of his girlfriend's 4-month-old nephew, Bryson Mershon. / Matthew Berry/Eagle-Gazette
5:15 AM, Sep. 29, 2011

LANCASTER -- As a jury returned a verdict of not guilty on all charges, Eric Hopkins could only stand and weep.

"We are all relieved," said Hopkins' attorney, William Meeks. "The jury system works most of the time, and it did with this case."

Hopkins was charged with murder and lesser charges in the November 2009 death of Bryson Mershon, a 4-month-old boy in his care.

During the trial, defense expert witnesses countered claims by prosecution witnesses that child abuse was evident or that they had correctly determined the manner of death.

Hopkins was released immediately after the verdict. It was the first of two planned trials; Kristina M. Mowery, 25, is scheduled for trial on the same charges Oct. 18.

About 20 supporters for Hopkins were in the courtroom when the verdict was read, including his mother, Vicki Hopkins.

"It has been a long two years, and I'm glad it is over. I know Eric is relieved," Vicki Hopkins said. "Eric's lawyers did their homework and did a great job, and the jury found the truth."

Eric Hopkins declined comment through his attorneys.

"It's like a huge weight has just been lifted off our shoulders," said Delena Doan, Eric Hopkins' grandmother.

Brian Distelzweig, one of Eric Hopkins' cousins, said he also felt like a big weight had been lifted from the family.

"Justice has been served," Distelzweig said.

Arguments
The verdict came after closing arguments were heard Wednesday morning.

"We may never know why the defendant (Hopkins) did what he did," said Fairfield County Prosecutor Gregg Marx during his argument.

Marx said the medical testimony from Children's Hospital and from Assistant Franklin County Coroner Dr. Obinna R. Ugwu all said the child had suffered child abuse and had died from blunt-force trauma to the head.

"He had 24 broken bones in his body," Marx said.

The defense disputed that, saying the child didn't have any broken bones and a radiologist misread the X-ray.

"They had built the entire case on skull fractures located on both sides of skull, and it doesn't exist," defense attorney Mike Miller argued.

Marx said the overwhelming medical evidence from the doctors from Children's Hospital indicated Mershon had suffered abuse for weeks.

Marx said Hopkins had been with Mershon in the morning to feed him and he was OK; then after putting Mershon in a chair, Hopkins returned later to find Mershon unresponsive.

"He was the only person there," Marx said. "No one else was downstairs with Mershon, so something happened and the defendant was the last to see him."

"I think when use your common sense and look at all the evidence using logic, you can only come back with a verdict of guilty," Marx said.

Miller, in his closing, said the case was based on whether the child had suffered from skull fractures and whether any bones were broken.

"(At Children's Hospital) Mershon had 21 chest X-rays done by 12 different doctors between Oct. 31 and Nov. 10," Miller said. "Only one doctor finds a possible break between the second and third rib. Then, on Nov. 17, they find 24."

As far as the skull fractures, Miller said Ugwu and the two pathologists the defense hired to look at the autopsy results all came back saying they did not see any skull fractures.

Miller said Mershon had died because he choked to death on his own vomit and had suffered from a catastrophic brain disease that wasn't diagnosed until after Oct. 31.

Miller said Hopkins and Mowery had taken Mershon in and Hopkins had loved Mershon. He said the child had been placed in their home because they wanted to take care of the child and Job & Family Services felt they would be good caregivers for the child.

"If he had wanted to get rid of Mershon, all he had to do was call JFS, and they would have come and picked him up," Miller said, pointing to Hopkins. "This man loved (Mershon). This man is not a murderer. This man has already had to deal with one horrible tragedy, and it has been a tough two years. Don't make this a second tragedy."

Hopkins and Mowery both had pleaded not guilty to murder and other charges after Mershon's death.

Mowery is Mershon's aunt, and Hopkins was Mowery's boyfriend. Mershon was placed in their care after being taken from his birth mother, who was arrested and tested positive for heroin and Suboxone while pregnant, court records showed.

Deliberations
The jury of three men and nine women reached the verdict after about two hours of deliberation in the 10-day trial spaced over three weeks.

After the jury was dismissed, Sarah Dornon, one of the jurors, said there just wasn't enough evidence.

"They never showed me anything that he did wrong," Dornon said.

She said she couldn't believe someone who would take a child in, or that his girlfriend, who is Mershon's aunt, would quit her job to take care of the child.

"They lost her income to take care of that child, and they could have had the child taken from their home at anytime," Dornon said. "They loved that child. They just never showed me anything that would indicate he wanted to harm the baby."

Marx said he was disappointed in the outcome.

He said he felt sorry for the people at Children's Hospital who worked so hard on the case, along with the Lancaster police department.

"I thank them for all their hard work," Marx said. "But I know the jury worked hard to reach the verdict."

Mowery's trial is scheduled for Oct. 18.

http://www.centralohio.com/article/BD/20110929/NEWS01/109290304

Charges dropped in death of 4-month-old
09:00 PM
OCT 10
2011

All charges against a foster parent who was accused of murder in the death of her 4-month-old nephew have been dismissed at the request of the prosecutor.

Fairfield County Common Pleas Judge Chris A. Martin signed the order dismissing the charges against Kristina M. Mowery. She had been scheduled for trial on Oct. 18.

The decision by Prosecutor Gregg Marx to drop all charges against Mowery, 25, follows the jury acquittal of her boyfriend, Eric D. Hopkins, 32.

The couple faced identical charges of murder, involuntary manslaughter, reckless homicide, child endangering and felonious assault related to the death of baby Bryson Mershon.

Hopkins was acquitted after a 10-day trial that featured competing testimony by medical experts about what caused the baby to die.

"The decision to dismiss the case against Ms. Mowery was a difficult decision, but the jury was adamant at the end of Hopkins' trial that there would not be enough evidence to prove Ms. Mowery's guilt beyond a reasonable doubt," Marx said in a news release.

Evidence presented at Hopkins' trial showed that Mowery was asleep the morning Bryson collapsed. There also were "substantial conflicts" about the baby's injuries, Marx said.

The couple had cared for Bryson since he was born on July 4, 2009, with drugs in his system. He was taken at birth from his mother, Mowery's sister, because she had used cocaine, alcohol and Suboxone, a drug used to treat opiate addiction.

The baby was taken to Nationwide Children's Hospital in Columbus from the couple's Lancaster apartment on Oct. 31, 2009, after Hopkins called 911 and said he had found him unresponsive. Bryson, who never regained consciousness, died on Nov. 18.

He died from a lack of oxygen to the brain caused by blunt trauma to the head, according to the autopsy report.

Defense attorneys for Hopkins, however, said the baby choked on his formula and died. They presented expert medical witnesses who testified that the baby was born with severe brain damage because of his mother's drug abuse.

http://www.norwalkreflector.com/content/charges-dropped-death-4-month-old