HALEIGH MARIE CAIN - 2 yo - (2008) - Lynn Haven FL

Video re-enactment played for Creamer jury
Creamer, who is now charged with felony first-degree murder in the December 2008 slaying of 2-year-old Haleigh Marie Cain, held the doll on his right shoulder. At the prompting of Bay County Sheriff’s Capt. Jimmy Stanford and the baby’s mother, Jessica Krsul, Creamer showed them what he allegedly did to Haleigh.

He threw the doll off his shoulder and it fell to the ground.

Later, he said that, as he carried Haleigh into her bedroom, he accidently hit the baby’s head on a door, dropped her again off his shoulder and fell on her.

Jurors will not see a second video in which Creamer said he beat and kicked the baby to death. Circuit Judge Dedee Costello previously ruled that investigators violated Creamer’s right to remain silent when they convinced him to film the second re-enactment.

Krsul looked pale in the video, smoked a cigarette and rocked back and forth continuously. At one point, Creamer begins to have an emotional reaction and Krsul stopped him.

“Don’t do that,” she said. Then, a little later, she urged him to keep telling the investigators what happened.

“There’s more. I need you to tell us,” Krsul said. “I want you to tell him what the (expletive) happened.”

During interviews with investigators, Creamer often cried, squealed and wailed. Then he would snap out of it quickly and talk in a normal voice, investigators said. However, during her cross examination of Stanford, Dowgul also pointed out Krsul’s behavior.

Krsul’s emotional reaction was “not in the norm,” Stanford said. “She was not very emotional.”

Dowgul has been trying to convince the jury that it was Krsul, not Creamer, who beat Haleigh to death. Dowgul suggested that Krsul got in a fight with Creamer, then went into Haleigh’s room and abused her. Creamer actually stopped the attack, Dowgul said, in her cross examination of Krsul earlier this week. Dowgul explains away his two confessions by saying that Creamer lied to protect a woman he deeply loved.

Joanie wrote:Poster's Note: I tried to format it the way tom does. maybe he can let me know if I'm doing this right or if I put stuff in the wrong forum?

This case broke my heart, first some background copied from my page for Haleigh

Haleigh was born in Florida, she was a sweet little girl, always laughing and giggling. Her favorite book was Humpty-Dumpty. She loved to watch Elmo on TV. She like to be near her grandpa when he worked in the garage, she would sit out there with him and pound away on her little toy workbench. She liked to sneak into the fridge and eat apples, her favorite fruit. After having a little nibble, she would put the apple back. She had a beautiful smile and a mischievous sparkle in her eyes. Little Haleigh was just 2-years-old when she was brutally and savagely beaten to death. She was killed because she wanted some juice and cookies.

On the 7th December, Haleigh went with her family to a bonfire, after returning home, over tired, Haleigh was put to bed. Her mother, Jessica Krusl and her mother's partner, Dennis Creamer also retired for the night. Haleigh, however over excited and over tired climbed out of her bed in her pj's, went to the kitchen to get some thing to drink and some cookies. But this woke her mommy's boyfriend who was already intoxicated from the gathering. He saw Haleigh in the kitchen and kicked her in the stomach, threw her to the floor and slammed her head into the wall, Autopsy results show she suffered a lacerated liver, ruptured spleen, broken ribs, and her teeth came through her tiny lips. After he finished beating her, he placed her back into her bed and went to sleep himself!

Half way through the night, in agony Haleigh tried to make her way to her mother room, presumably to ask for help, when she collapsed and died!

Creamer was charged with the murder and is currently awaiting trial in Florida.

Creamer’s trial begins February 22nd 2010. He faces murder charges, as well as aggravated child abuse.
It could constitute the death penalty

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A Jury Can Never See Suspect’s Reenactment of Toddler’s Death
02/11/10 - 05:31 PM

Bay County, Fla:

The right to remain silent may be the difference of life or death for Dennis “PeeWee” Creamer. According to Judge Dedee Costello, Miranda Rights protect his recorded confession and re-enactment of 2-year-old Haleigh Cain’s murder.

“I don’t think the law says that they can try to pull fast ones and i think unfortunately that’s what they were doing,” said Costello.

Bay County investigators argue they wanted the truth and initially read Creamer his rights.

“At the time that it was going on, I don’t even remember him mentioning a lawyer,” said BSCO Investigator, Captain Jimmy Stanford.

Records indicate that during interrogation, Creamer asked to be left alone.

“He was unhappy with me and did not want to speak with me again,” said Stanford.

Later, other investigators brought in photos of the dead child and Creamer told his story.

“He told me that he was going to tell his story to me, and me only and that he was only going to tell it one time, and we began to go through what happened,” said detective, Jayson Deese.

Truth or not, a jury can never see the re-enactment or hear what was said.

“Once he invoked his right to remain silent, they should not initiate the conversation,” said Costello.

But, if walls could talk the prosecution believes they’d speak clearly.

“What we expect the evidence will be is that he hit the child, he kicked the child, he repeatedly smashed the child’s head down into the carpet as well as on two occasions smashed her head into the wall of her bedroom,” said Prosecutor, Larry Basford.

Creamer’s trial begins February 22nd. He faces murder charges, as well as aggravated child abuse. It could constitute the death penalty.


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Judge, Not Jury to Decide Creamer’s Fate
02/17/10 - 04:08 PM

Dennis “Pee-Wee” Creamer will soon go to trial for murdering his girlfriend’s 2-year old daughter. His lawyers argued Wednesday a jury is too emotional to decide his punishment.

“There are issues that are better left to juries and there are issues better left with judges,” said one of Creamer’s attorneys, Walter Smith.

Creamer is charged with first degree murder and aggravated child abuse. In December 2008, police say he admitted to severely beating Hailey Cain, 2, and putting her to bed with no medical attention. Her mother found her in dead in the morning.

Judge Dedee Costello granted the motion, explaining to Creamer that if convicted, she alone will decide whether or not he gets the death penalty.

“You can’t complain if you don’t like the sentence you receive if you’re found guilty,” Judge Costello explained.

She asked him over and over, if this is what he wanted or what his lawyers wanted.

“Again has anybody threatened you to get you to do this? Has anyone told you you’re better off this way?,” she asked.

Each time he answered no.

Smith says the victim’s young age is one of the reasons for filing the motion.

“Under the law the age of the victim is irrelevant. The judge can set aside those feelings and apply the law to the facts, whereas a juror is going to be compromised.

He says it also changes jury selection. They will no longer ask jurors they’re opinion on the death penalty. Not only does it shorten the process, but Smith feels it gives them the opportunity to get more defense oriented jurors.

“Many jurors are automatically excluded if they say I don’t like the death penalty. That might be good juror to listen to the facts of the case,” said Smith.

A taped video confession was suppressed last week citing that Creamer wasn’t read his Miranda Rights. Another audio confession has surfaced. Creamer’s lawyers say they’ll also file a motion to suppress it sometime this week.

This isn’t the first time Smith has used this tactic. He also used in the Marianna quadruple murder trial.

The jury selection will start Monday and the trial is expected to last until Friday.
“There are issues that are better left to juries and there are issues better left with judges,” said one of Creamer’s attorneys, Walter Smith.

Creamer is charged with first degree murder and aggravated child abuse. In December 2008, police say he admitted to severely beating Hailey Cain, 2, and putting her to bed with no medical attention. Her mother found her in dead in the morning.

Judge Dedee Costello granted the motion, explaining to Creamer that if convicted, she alone will decide whether or not he gets the death penalty.

“You can’t complain if you don’t like the sentence you receive if you’re found guilty,” Judge Costello explained.

She asked him over and over, if this is what he wanted or what his lawyers wanted.

“Again has anybody threatened you to get you to do this? Has anyone told you you’re better off this way?,” she asked.

Each time he answered no.

Smith says the victim’s young age is one of the reasons for filing the motion.

“Under the law the age of the victim is irrelevant. The judge can set aside those feelings and apply the law to the facts, whereas a juror is going to be compromised.

He says it also changes jury selection. They will no longer ask jurors they’re opinion on the death penalty. Not only does it shorten the process, but Smith feels it gives them the opportunity to get more defense oriented jurors.

“Many jurors are automatically excluded if they say I don’t like the death penalty. That might be good juror to listen to the facts of the case,” said Smith.

A taped video confession was suppressed last week citing that Creamer wasn’t read his Miranda Rights. Another audio confession has surfaced. Creamer’s lawyers say they’ll also file a motion to suppress it sometime this week.

This isn’t the first time Smith has used this tactic. He also used in the Marianna quadruple murder trial.

The jury selection will start Monday and the trial is expected to last until Friday.