LEANDER GOLDSTON - 1 month -(2010) Sheboygan County/Milwaukee WI

The month-old baby allegedly dropped by his father
earlier this month was declared dead Thursday, and Sheboygan County District
Attorney Joe DeCecco has filed new charges against the father today.
The charge against Andrew C. Goldston, 23, 1317 N. 15th St., has been upgraded from first-degree
recklessly inflicting head injuries on an infant to a first-degree reckless
homicide charge, DeCecco said.




Goldston is scheduled to appear in court for a preliminary
hearing on March 25 at 9:15 a.m. in Branch 5 of Sheboygan County Circuit Court.
The baby, Leander Goldston, was born Feb. 4. Authorities were
called to the 3500 block of Eisner Avenue on March 9 where a baby was reportedly
not breathing. Goldston told police he’d been watching his son while his
girlfriend, the child’s mother, was out, and he dropped the baby on the floor.
The infant was taken to Aurora Memorial Medical Center and
later to Children’s Hospital of Wisconsin in Milwaukee. A nurse at Aurora told
police there were no signs of external injuries but that the baby wasn’t
responding. Doctors at Children’s Hospital said the baby had suffered abusive
head trauma and injuries not caused by being dropped.
According to Capt. Jim Veeser of the Sheboygan Police
Department, an autopsy will be performed today in Sheboygan County.

Sheboygan County judge sends father accused of killing infant to trial

 

Cathy Orosz
FOX 6 Reporter
5:08 p.m. CDT, April 15, 2010


WITI-TV, MILWAUKEE— A Sheboygan father still maintains his infant son's death was an accident, but a judge ruled there is enough evidence to prove otherwise.

33 days after his birth Leander Goldston was rushed to the hospital with severe head trauma, and after ten days on life support Leander dies. His father , 23-year-old Andrew Goldston, is charged with 1st Degree Reckless Homicide.

He told police he accidentally dropped the boy. Sheboygan Police Detective Paul Olsen said, "He demonstrated that he leaned forward, put his right hand on his knee and was attempting to stand up to get the remote control to turn the volume up, and at that point Leander turned his head, and that resulted in him falling to the ground."

The doctor who treated the infant said the injuries were so severe they probably came from violent shaking. Dr. Lynn Sheets of Children's Hospital of Wisconsin said, "I have an opinion with reasonable medical certainty, yes. That it could have not occurred that way... A short fall such as described would lack the severity of forces needed in order to cause these injuries."

The judge believed there was enough evidence to send Goldston to trail. His family left court with no comment.

The boy's mother was too upset to talk on camera. We learned that her other child may have witnessed the alleged abuse. The two-year-old girl was home when it happened. Goldston is being held on $100,000 cash bond.

http://www.fox6now.com/news/witi-100415-goldston-prelim,0,7768948.story

The jury chosen to decide the fate of Andrew Goldston got a crash
course in medical analysis Wednesday as doctors brought in by the
prosecution and defense offered greatly contrasting explanations for the
fatal injuries suffered by his 1-month-old son.Dr.
Lynn Sheets, medical director of the child abuse program at Children’s
Hospital of Wisconsin in Wauwatosa, said she can say with “no
hesitation” that Leander died of “abusive head trauma.” She examined the
boy during the nine days he remained hospitalized before dying of his
injuries.“Absolute abuse – no hesitation,” Sheets told the
jury. “You have severe rotational injuries, and that’s very different
from straight-line or falling injuries.”The jury also saw a
picture of Leander for the first time, as Sheets displayed a picture of
the boy in head restraints at Children’s Hospital. She said Leander had
slight facial twitching immediately after he arrived but soon stopped
responding and breathing on his own.Sheets said the
injuries, which included bleeding throughout the brain and severe
retinal bleeding, could “absolutely not” be caused by falling 18 to 30
inches to the ground. That was the claim Goldston made in describing to
police that the child fell from his arms as he reached for a remote
control. But Dr. John Plunkett, a forensic pathologist who
specializes in infant head trauma, testified with equal vehemence that
Leander’s injuries could have occurred in the fall Goldston described.“They’re going to be rare, but (deaths) can occur,” he said.Plunkett
said the injuries Sheets cited as too extensive for a simple fall could
have occurred as a cascading effect, with one causing the other in the
aftermath of the fall.Goldston also told a 911 dispatcher
the child fell onto a bouncy seat, and he told a fellow jail inmate that
he needed God’s forgiveness for squeezing, shaking and dropping the
boy, witnesses testified earlier in the trial.Goldston,
24, of Sheboygan, is charged with first-degree reckless homicide for
allegedly causing the injuries on March 9, 2010. The trial began Monday
and is scheduled to wrap up by the end of the week.The prosecution rested its case after Sheets testified, and the
defense concluded its case after Plunkett. Goldston will not testify.Sheets
said Leander suffered what is commonly called shaken baby syndrome,
with bleeding in numerous areas of the brain indicating the
back-and-forth motion of shaking or slamming a child. She said either
action, which an infant’s neck is too weak to protect against, could
have caused the bleeding, but Leander also had several bruises
consistent with impact.“I don’t know if he was shaken, but I know he was slammed,” Sheets said.Plunkett
said Leander landed on the worst possible point in his head, causing
his pliable skull to put pressure on the brain. That then pushed on the
brain stem causing the boy to stop breathing.He said the
ensuing pressure and swelling caused the retinal bleeding observed in
Leander. Leander also suffered bleeding throughout the brain, which
Plunkett said could be due in part to blood being forced through the
brain during the minutes Leander had no pulse and was not breathing
immediately after the fall. The remaining bleeding he attributed to a
condition existing at birth that previously resulted in no symptoms.Sheets
had said many children have such bleeding at birth, but such a
condition was not noted by doctors on any of Leander’s medical reports.
She cited the extensive bleeding as evidence of shaking or slamming the
child.On cross examination, Assistant District Attorney
Joel Urmanski challenged Plunkett’s conclusions and credibility, leading
to an acknowledgement from Plunkett that most pediatricians would
diagnose child abuse given Leander’s injuries.“I would
also be suspicious this was an inflicted injury,” Plunkett said. “I’m
not saying it’s not. I’m saying you can’t tell from the medical
evidence.”Urmanski also noted Plunkett, unlike Sheets, was
paid to be there and had testified in more than 30 states as a
consultant. Urmanski implied Plunkett testified frequently for defense
attorneys because he was willing to offer testimony contrary to the
general consensus among pediatricians and other experts, but Plunkett
defended his conclusions as consistent with other pathologists.When
pressed by Urmanski, Plunkett acknowledged his testimony was disproven
in a similar case in Montana. Plunkett had testified that injuries on a
young child who died could not have been caused by shaking, but the
father later admitted to shaking his daughter to death.

http://www.sheboyganpress.com/article/20110608/SHE0101/110608065/Doctors-debate-cause-fatal-injuries-infant?odyssey=tab|topnews|img|FRONTPAGE

Sheboygan man convicted of shaking, slamming infant son to death


Friday, June 10, 2011
SHEBOYGAN, WI (WTAQ) - A Sheboygan man has been convicted of shaking and slamming his one-month-old son to death.
Jurors deliberated for 5 hours Thursday before finding 24-year-old Andrew Goldston guilty of first-degree reckless homicide.
He first claimed he dropped his son Leander onto a soft chair while reaching for a TV remote last March – and he later told officers the baby fell to the floor.
Doctors said Leander’s injuries were too severe to believe that story. And a judge would not let a jury hear about a jailhouse conversation after Goldston was arrested. He told a fellow inmate he squeezed, shook, and dropped the child, and he needed forgiveness from God for hurting him.
The infant’s mother was among those testifying against Goldston. He faces up to 40 years in prison. A sentencing date was not immediately set.
http://www.wtaq.com/news/articles/2011/jun/10/sheboygan-man-convicted-of-shaking-slamming-infant-son-to-death/

Goldston to be sentenced July 15


Father faces 40 years in death of infant son


9:09 PM, Jun. 14, 2011

Andrew Goldston, the 24-year-old Sheboygan man convicted of killing his infant son, will be sentenced July 15.




Goldston was convicted Thursday after a four-day jury trial on a felony count of first-degree reckless homicide. The charge carries a maximum penalty of 40 years in prison.

Judge James Bolgert set the sentencing date Friday after a curious reversal that included cancelling a scheduled pre-sentence investigation, court records show. The PSI — assembled by a probation agent — is typically ordered in serious felony cases and includes an interview with the defendant, background information and a sentencing recommendation from the agent.

Attorneys for the prosecution and defense had requested a PSI when the trial ended, and Bolgert initially ordered one. However, court records show he called the attorneys back to court Friday and reversed himself.

Defense attorney Barbara Kirchner said Tuesday that Bolgert questioned the relevance of a report and sentencing recommendation "from a third party who wasn't even present" for the trial. She said she had no objection to canceling the PSI, and prosecutors did not object either.

Kirchner said she is comfortable Bolgert has enough information to sentence Goldston based on what he learned from pre-trial motions and the trial itself.

"Given the motions that occurred prior to the trial, the court was aware of my client's history or record, as well as most of the circumstances related to the charges," Kirchner said.

Assistant District Attorney Jennifer Bork declined comment on the reasons given for Bolgert's ruling, though she confirmed she had joined Kirchner in initially requesting a PSI.

Goldston's 1-month-old son, Leander, was seriously injured March 9, 2010, while left in his care, and he died nine days later at Children's Hospital of Wisconsin in Wauwatosa. Goldston claimed the boy fell out of his arms as got up from the couch to reach for a remote control.

But doctors testifying for the prosecution said Leander's injuries were too severe to have been suffered in a fall of 18 to 30 inches as Goldston described. They said Leander's injuries — which included bleeding throughout the brain and retinal hemorrhages — were consistent with the boy being shaken and/or slammed.

A fellow jail inmate testified during the trial that Goldston admitted to squeezing, shaking and dropping the boy during a discussion late last year following a jailhouse Bible study. Goldston told the man he needed God's forgiveness for hurting his son, the inmate testified.

http://www.sheboyganpress.com/article/20110615/SHE0101/106150446/Goldston-sentenced-July-15

Sheboygan father, Andrew Goldston, sentenced to 6 years for killing infant son
The mother of a 1-month-old boy killed by his father last year implored Judge James Bolgert this morning to impose the maximum sentence, condemning Andrew Goldston for taking both a life and a lifetime of memories.

“I have to live each day now wondering what he would look like. Would he be … walking, climbing on things? You took the experience of having a son away from me,” said Tammy DePagter, 21, of Sheboygan. “I cry myself to sleep almost every night. I have nightmares of him in the hospital with all the machines and IVs and seeing him get worse and worse every day.”

A jury convicted the 24-year-old Sheboygan man June 9 of first-degree reckless homicide for causing the death his son, Leander, by shaking or slamming the child on the ground. The boy was injured while in Goldston’s care on March 9, 2010, and died nine days later at a Milwaukee-area hospital.


Bolgert this morning sentenced Goldston to six years in prison, a fraction of the 25 years recommended by prosecutors and the 40-year maximum penalty. He ordered that Goldston serve four years on extended supervision after his release.


The judge said he believes Goldston threw Leander to the ground out of frustration with continued fussing and a recent argument with DePagter, who left the house shortly before the child was injured.


“No one claims the injuries were intended. I think they were caused by a blow to the floor,” Bolgert said. “I think it happened in an instant. … I think this is not a case of sustained shaken baby.”


Bolgert said the 25-year recommendation was “excessive” and should be a sentence reserved for intentional acts. Goldston was given credit for the 16 months he has spent behind bars since his arrest, so he will be out of prison in about four and a half years.


Assistant District Attorney Jennifer Bork said she sought 25 years because 20 years is typically the minimum sentence for any kind of homicide case. She called the sentence “disappointing.”


“That’s only four and a half years above head-butting a police officer,” Bork said, referencing a 2006 conviction that sent Goldston to prison for 15 months.
Even Goldston anticipated a stiffer sentence, speculating in a jailhouse conversation that he would be in prison until he was 40. The conversation was recorded and played before sentencing.


Goldston claimed — in interviews played during the four-day jury trial — that Leander fell out of his arms as he got up from the couch to reach for a remote control. But doctors testifying for the prosecution said Leander's injuries were too severe to have been suffered in a fall of 18 to 30 inches onto a carpeted floor, which is what Goldston described.


The injuries — which included bleeding throughout the brain and retinal hemorrhages — were consistent with the boy being shaken and/or slammed, doctors said.


DePagter and her mother had implored Bolgert to impose the strongest possible sentence, adding that the tragedy left them with many unanswered questions.


“How could you do this to me and my family?” DePagter said. “You know how much my kids mean to me. I want to know why you did what you did. He was only 33 days old. He couldn’t have done anything wrong to deserve what you did.”


Said Pamela Thiel, DePagter’s mother: “How could you do something like this to my grandchild? Why didn’t you call me? I would have come and picked up my grandchild.”


DePagter asked Bolgert to sentence Goldston to “life or something near there.” Thiel told Goldston, “Whatever time you get will not be enough for me and baby Leander.”


The prosecution played several jailhouse recordings of Goldston prior to sentencing, telling Bolgert they revealed his character. In one recording, Goldston threatened to imbed a chair in Bork’s brain, and in another he joked about his parents dying by the time he got out of prison.


“When I get out I’m going to be like, ‘Mom, dad, when are you gonna die so I can get your crap?’” Goldston says on the recording, which was played minutes after Goldston’s mother spoke on his behalf.


Goldston apologized to DePagter during his pre-sentence statement, turning to look at her as he did so.


“There hasn’t been a day in the last 487 days that I didn’t wish I could go back to March 9, 2010, with the knowledge I have now,” he said. “I’m so very sorry for this accident that took Lee from us. You know I would change this if I could.”


Like defense attorney Barbara Kirchner, Goldston repeatedly referred to Bolgert as fair and unbiased.


“I’m not going to ask for leniency or mercy. You were at my trial, nothing was hidden from you. All I can ask for is fairness,” Goldston said. “I hope you can see the humbleness and contriteness within myself that someone in this position should have, and rightly so.”


Kirchner called Leander’s death a “tragic accident” that will haunt Goldston for the rest of his life. She said Goldston is “neither a threat nor a danger to society.”


Bork strongly disagreed.


“This was a reckless killing of a defenseless human being,” she said. “This was not an accident, this was not negligent.”


DePagter and Thiel declined comment after the sentencing.

http://www.sheboyganpress.com/article/20110715/SHE0101/110715013/Sheboygan-father-Andrew-Goldston-sentenced-6-years-killing-infant-son

wth was he trying to do? trying to see if she was going to bounce?oh how i wish i could lay hands on these animals!!

What an idiot judge. The murderer should have gotten the max. Unbelievable. He will probably be out in 3 years and kill another baby. Thank you JUDGE!