A preliminary hearing was postponed again for a Wilburton mother accused of enabling child abuse by injury in the May 11, 2009, death of her 4-month-old son, LeFlore County Special Judge Jon Sullivan decided Thursday. The 9 a.m. Feb. 17, 2011, hearing date is the eighth date that has been set for the hearing for Kayla Furney, 22. Furney's defense attorney, Douglas Schmuck of Poteau has said he'd prefer the hearing not be held until after Aaron Ray Wesley Hinson's first-degree murder trial. Hinson, 22, of Howe is accused of the blunt force trauma death of Aiden Furney. Hinson is Furney's former live-in boyfriend.Assistant District Attorney Meg Nicholson said Hinson's trial is expected to be held early next year.Both Furney and Hinson were arrested on May 9, 2009, the night they took the baby to the Eastern Oklahoma Medical Center emergency room because he was struggling to breathe.According to court records, an emergency room doctor told investigators the baby had bleeding in his brain due to blunt force trauma, and a scan indicated both a recent and an old skull fracture. Bruising was found on the back of the baby's head, around his neck, left lower leg, and a shoe-print bruise was found on his chest.According to court records and testimony at his November 2009 preliminary hearing, Hinson allegedly told investigators he might have accidentally stepped on the baby, might have shaken him harder than he should have to make him stop crying, and might have put him down harder than he should have.Hinson is being held without bond in the LeFlore County Detention Center. He is represented by court-appointed Oklahoma Indigent Defense System attorney Peter C. Astor.Furney was released from jail on a reduced $10,000 bond in August 2009.

Jury Recommends Life Sentence For Howe Baby Killer

POTEAU — Following a 5-day trial, a jury found Aaron Ray Wesley
Hinson guilty of first-degree murder in the May 2009 blunt force death
of 4-month-old Aiden Furney.
The LeFlore County jury of seven
women and five men deliberated for 3 1/2 hours before reaching the
verdict and recommending a sentence of life in prison for Hinson, 24, of
Howe.
Associate District Judge Bill Welch ordered a presentence investigation and set a formal sentencing hearing for 10 a.m. April 3.
Oklahoma
Indigent Defense System attorney Peter Astor asked that the jury be
polled to ensure the verdict and sentencing recommendation were
unanimous. They were.
Earlier, Welch had instructed the jurors
that a life sentence in Oklahoma is considered to be 45 years, and those
sentenced to it must serve 85 percent of the sentence or 38 years
before being eligible for parole.
"I feel closure. I feel justice
has been done," said David Keller, the baby's maternal grandfather,
after hearing the verdict and recommended sentence.
Hinson's
father, Shawn Hinson, declined comment. He and other members of Hinson's
family were focused on comforting Hinson's mother, Cynthia Hinson.
Six
members of the baby's family were present for the verdict. Eight
members of Hinson's family were present. Throughout the day, about 30
people sat in the audience.
After resting the defense's case and
before closing arguments, Astor successfully argued that a lesser charge
of second-degree manslaughter should be included for the jury to
consider.
Astor argued that if the jurors considered all the
testimony presented, they'd determine Hinson had no intent of
wrongdoing, and the baby's injuries were accidental, caused by
negligence.
Assistant District Attorney Margaret "Meg" Nicholson
argued that the baby had skull fractures, active bleeding around his
brain, bruises and a ligature mark around his neck.
"We have
evidence of abuse and no evidence of an accident," Nicholson said,
adding, "Every expert who came to the stand has said it was no
accident."
Welch ruled that case law supported adding the lesser
charge, and said it is not up to him to decide if Hinson's contention
during interviews with D.A. office investigator Travis Saulsberry that
it was an accident was supported by the evidence presented. Welch said
that was a matter for the jury to decide.
In closing arguments, Astor rhetorically asked the jurors how the
baby had gotten the bruises, and told them they shouldn't have been left
to speculate. The prosecution had not proved beyond a reasonable doubt
that Hinson inflicted them on Aiden, he contended.
"Aaron (Hinson) was the last man standing with a very sick child," Astor said.
Astor
reminded the jurors that Hinson's parents had testified that they were
concerned about the size of the baby's head, that it seemed overly
large. Astor said the baby's mother, Kayla Furney, then Hinson's live-in
fiancee, had been told to take the baby to a doctor, but she didn't.
Furney
is charged with enabling child abuse by injury in the May 9, 2009,
incident that led to the May 11, 2009, death of the baby. Her case has
not yet been adjudicated.
Astor suggested that a five-minute stop
at a convenience store during a drive home the evening of May 9 left
Furney alone with Aiden and Hinson's 15-month-old daughter, providing
enough time for her to have inflicted the injuries Hinson was accused of
inflicting during a similar length of time once they got home.
In
her closing argument, Nicholson reminded the jury that Dr. Andrew
Sibley, a state medical examiner, as well as an advanced nurse
practitioner specializing in child abuse had testified the baby died of
blunt force trauma to the head with new bleeding. The medical evidence
is not consistent with accidental injury, a short fall or self-inflicted
injury, she said.
"Remember, Dr. Sibley said, "If he fell off the roof maybe,'" Nicholson said.
She
also pointed out that the sole of Hinson's shoe matched the shoe-shaped
imprint bruise on the baby's abdomen, and that Hinson had told
Saulsberry during questioning on May 9 and 10 that he might have stepped
on the baby when going to the door to call Furney back to the house
because the baby was having trouble breathing.
Welch instructed
the jurors to consider the evidence the way they heard it presented
during the trial and not the way any particular attorney presented it.
http://swtimes.com/sections/news/jury-recommends-life-sentence-howe-baby-killer.html

11:30 am - April 03, 2012 — Updated: 11:35 pm - April 03, 2012
Howe Man Sentenced To Life In Baby’s Death; 4-Month-Old Killed In 2009

POTEAU — Associate District Judge Bill Welch followed a LeFlore
County jury’s recommendation Tuesday in sentencing Aaron Ray Wesley
Hinson to life in prison for the death of an infant.
On March 2, a
jury of seven women and five men deliberated for 3 1/2 hours before
finding Hinson, 24, of Howe guilty of first-degree murder in the May
2009 blunt force trauma death of 4-month-old Aiden Furney, the son of
Hinson’s then-fiancee.
When Oklahoma Indigent Defense System
attorney Peter Astor pointed out that Hinson has already served three
years in jail, Welch said Hinson would receive credit for time served. A
life sentence in Oklahoma is considered to be 45 years, and Hinson must
serve 85 percent of it, 38 years, before becoming eligible for parole.
Following
the trial, the baby’s maternal grandfather, David Keller, said he felt
closure after hearing the verdict and the jury’s sentencing
recommendation read aloud.
Kayla Furney, 22, of Wilburton was
living with Hinson at the time of Aiden’s death. She is charged with
enabling child abuse. A sounding docket appearance in her case Tuesday
was postponed to May 8 before Special Judge Jeff Singer.
Doug
Schmuck, Furney’s defense attorney, said with Hinson’s case resolved, he
now has access to those court documents. Schmuck said the state has
made a plea offer to Furney, and negotiations continue. He said his
client has not decided whether to proceed to trial.
Under
questioning during the five-day trial by Assistant District Attorney
Margaret “Meg” Nicholson, an emergency room doctor, advanced nurse
practitioner and medical examiner testified that the baby suffered skull
fractures, some old and one new; active bleeding around his brain;
bruises; and a ligature mark around his neck.
Astor suggested a five-minute stop by Hinson at a convenience store
on the way home the evening of May 9 allowed enough time for Kayla
Furney, left in the vehicle with her baby and Hinson’s toddler, to have
inflicted the injuries. Astor noted during closing statements that
Hinson was alleged to have inflicted the injuries during a similar
period of time while the baby’s mother was next door.
According to
trial testimony, Hinson told investigators he might have stepped on the
baby when going to the door to call Kayla Furney back to the house
because the baby was having trouble breathing.
Aiden Furney died of his injuries on May 11, 2009.
Both
Hinson and Furney were arrested May 9, 2009, after taking the baby to a
Poteau hospital. Hinson has been held at the LeFlore County Detention
Center since his arrest. Furney was released on bond.

Now i want to see the POS mother spend her life in prison.

Why has she had so many postponements?

She is not AT FAULT !!!! Unless you know the case you should not judge!!!! My Granddaughter was married to the jerk and he abused her daughter too!!! He said if she is not mine she is DEAD!!!!

Why did she let him abuse her daughter?

A egg donor who lives with someone who abuses her child is guilty of neglect and should be punished just as severely as the abuser, This was not a one time thing. Even an inexperienced mother knows when her child is abused.

Flash, you've got that right. AGAIN.