HANNAH DAVENPORT - 6 yo (2005) - Pineville MO

Pineville MO ---- Jurors heard enough evidence to convict Karen Chandler, formerly Karen
Davenport, of second-degree involuntary manslaughter in the 2005 death
of her 6-year-old daughter, whose birth defect was a focus of the case.
But they apparently did not hear enough to send her to prison for up
to four years.
The conviction on Friday wrapped up a four-day trial in McDonald County
Circuit Court in Pineville.
Testimony began Wednesday in Chandler’s trial, and she took the stand
in her own defense, giving emotional testimony on Thursday afternoon.
Chandler’s daughter, Hannah Davenport, died on Jan. 29, 2005, after she
went into cardiac arrest. The girl weighed only 27 pounds when she
died.
Hannah suffered from a birth defect known as an ectopic anus, which
affected how she digested food and how her body disposed of fecal
matter. Both sides agreed that the girl’s birth defect caused chronic
constipation.

Deliberation
The jury of eight women and four men deliberated for five hours, then
called for a $5,000 fine but no time behind bars. The fine assessed by
Judge Timothy Perigo was the maximum allowed.
The jury found her innocent of involuntary manslaughter in the
first-degree, a more serious felony that asserts a defendant “recklessly
caused the death” by acting in a manner of substantial and unjustified
risk.
The second-degree charge states the defendant was “criminally
negligent” in failing to provide treatment for her child.
Chandler and members of her family declined to comment on the verdict
upon leaving the courthouse.
Attorneys for both the prosecution and the defense said they were
satisfied with the outcome.
Defense attorney Frank Yankoviz said after the sentencing that “my
client is very happy with the outcome.” Yankoviz had asked the jury to
impose the fine, but not time behind bars for his client, citing her
lack of any previous criminal history, and her responsibilities to a
healthy 6-month-old daughter.
McDonald County Prosecutor Janice Durbin also said she was pleased with
the decision, even though she had asked for the maximum penalty under
law for the involuntary manslaughter charge.
“We got a felony conviction,” she said. “The fact is she’s a convicted
felon now for allowing her daughter to die.”
Chandler also testified Thursday that all three of her children had
health insurance provided by their biological father, Lenny Davenport,
and were covered by Medicaid. She stated that the last time her daughter
saw a doctor was about eight months before her death.
Hannah had reconstructive surgery aimed at repairing her birth defect
in 2002, and Chandler testified about a strict dietary regimen and
at-home care to strengthen her daughter’s digestive muscles at the
recommendation of doctors. That regimen included a high-fiber diet,
children’s laxatives, and suppositories to help flush the child’s
bowels.

Father’s take
Lenny Davenport was one of three witnesses called to testify on behalf
of the defense during Chandler’s sentencing hearing. Davenport was also
the first witness to testify for the prosecution.
Davenport testified he had not spoken to his ex-wife since shortly
after Hannah’s death in 2005, when both parents and several members of
Chandler’s family were arrested during a custody hearing for the
couple’s two sons, who were later adopted by other members of the
extended family. The charges stemmed from Hannah’s death and were later
dropped against all parties except Chandler.
Davenport testified that he believed the verdict was correct, but that
he did not believe Chandler should go to prison.
“She loves those children just as much as I love the children,” he
said. “I believe that this being on her record will be a constant
reminder that the next time there’s a sick child, doors will be kicked
in.
“Hannah might not be here today because her little body just took so
much,” he said. “But if she got medical attention (before her death),
there wouldn’t be the question.”

Background
The case was in the court system for more than five years, with
attorney changes on both sides.
Chandler and her mother, Linda Walsham, initially were charged with
manslaughter in February 2005 by then-McDonald County Prosecutor Steve
Geeding.
Durbin, Geeding’s successor, dismissed those charges in the spring of
2007 so they could be replaced with a murder charge, but she ultimately
dropped the murder counts and filed the manslaughter charges again.
Walsham, now of Neosho, also had seen Durbin ultimately replace the
murder charge filed in 2007 with a manslaughter charge. Durbin later
dropped all charges against Walsham because of a lack of evidence.

At issue
The prosecution presented witnesses who stated that the child could
have been saved by medical treatment even up to a few hours before her
death, but defense witnesses said the girl died because of complications
related to the birth defect, not because of a lack of treatment.