MISTY HERRIN - 3 yo (2010) - Gothenburg (I-80 E of North Platte) NE

GOTHENBURG — Police are investigating a possible child abuse
case after a 3-year-old Gothenburg girl died at Good Samaritan
Hospital Wednesday.

Doris M. Herrin, 27, and her boyfriend Adam R. Jesseph, 24, both
of 202 Ave. B in Gothenburg, brought an unresponsive Misty Herrin
into the Gothenburg Memorial Hospital emergency room at 1:35 p.m.
Tuesday, according to a press release from the Gothenburg Police Department.
The girl was transported Tuesday afternoon by AirCare to
Kearney, where she had emergency surgery for a brain injury.
Members of the Gothenburg Police Department, with the assistance
of the Kearney Police Department, began investigating the incident
as a possible child abuse.The child was removed from life support and pronounced dead at
2:44 p.m. Wednesday.An autopsy was to be conducted today.
No charges had been filed in the case as of this morning.
The girl’s 7-year-old sister has been placed into protective
custody with the Nebraska Department of Health and Human Services
during the investigation.
http://www.kearneyhub.com/news/local/article_2ab45536-0ec3-11e0-919f-001cc4c03286.html

Gothenburg Police Chief R.L. Olson said Thursday that no new
information would be released on the death of a 3-year-old Gothenburg
girl until the results of Thursday's autopsy were known.

"At this
time, we just don't have any more information until we know the results
of the autopsy," said Olson. "We will continue to release information
as it is known."

On Dec. 21, 3-year-old Misty Herrin was taken to
the Gothenburg Memorial Hospital emergency room by her mother,
27-year-old Doris Herrin and her boyfriend Adam Jesseph. The couple
resides at 202 Avenue B in Gothenburg. At 2:46 p.m., the little girl was
transported by Air Care to Good Samaritan Hospital in Kearney where she
underwent emergency surgery due to a brain injury.

Approximately 24 hours later, Misty Herrin was removed from life support and pronounced dead.

Misty's
7-year-old sister has been placed into protective custody with the
Nebraska Department of Health and Human Services pending the outcome of
the investigation. The Kearney Police Department is assisting with the
investigation.

Misty was unresponsive from the moment she first arrived at
Gothenburg Memorial Hospital and police initially launched a child abuse
investigation. Pending the outcome of the autopsy results, further
charges may be filed.

Telegraph staff reports

Authorities have indicated that two arrests were made in connection to the death of a 3-year-old Gothenburg girl, including the girl's mother.

In a press release issued Friday, Gothenburg Police Chief R.L. Olson stated that Doris M. Herrin, 27, the mother of the now-deceased 3-year-old Misty K. Herrin, and Adam R. Jesseph, 24, were arrested on charges of Child Abuse Resulting in Death as a result of the investigation into the death of Misty.

According to the press release, both subjects were found in North Platte and were taken into custody by the North Platte Police Department without incident. They were then transported and booked into the Dawson County Jail and held without bond pending arraignment in Dawson County Court.

On Dec. 21, 3-year-old Misty Herrin was taken to the Gothenburg Memorial Hospital emergency room by her mother, Doris Herrin, and her mother's boyfriend, identified as Jesseph. The couple resides at 202 Avenue B in Gothenberg. At 2:46 p.m., the young girl was transported by Air Care to Good Samaritan Hospital in Kearney where she underwent emergency surgery due to a brain injury.

Approximately 24 hours later, Misty Herrin was removed from life support and pronounced dead.

According to the statement by Chief Olson, the investigation into Misty's death is continuing.

Thank you, Knockonwood. Welcome to the forum.

I am continually saddened by these cases. What has happened that the younger generation of parents have apparently decided that children are disposable punching bags?

Two suspects in a Gothenburg child abuse case were arrested and jailed Friday.

Arrest warrants were issued Friday for Doris M. Herrin, 27, and
Adam R. Jesseph, 24, for child abuse resulting in death, according
to a press release from the Gothenburg Police Department.

The pair were arrested as a result of the investigation into the
death of Herrin's daughter, Misty K. Herrin, 3.Herrin and Jesseph were found in North Platte and taken into
custody by the North Platte Police Department without incident.
They were transported to Lexington and booked into the Dawson
County Jail, where they are held without bond pending arraignments
in Dawson County Court.Herrin and Jesseph, both of 202 Ave. B in Gothenburg, brought an
unresponsive Misty Herrin into the Gothenburg Memorial Hospital
emergency room at 1:35 p.m. Tuesday.The girl was transported Tuesday afternoon by AirCare to
Kearney, where she had emergency surgery for a brain injury.According to court records, she was diagnosed by a pediatrician
as having suffered injuries consistent with having been shaken,
brain hemorrhaging on both sides of her brain and hemorrhaging in
both of her retinas. She did not have any skull fractures or
visible injuries to the outside of her head.Herrin and Jesseph reported that the girl had fallen while
unattended in a bedroom. The treating physician reported that the
injuries were inconsistent with that report, however.Members of the Gothenburg Police Department, with the assistance
of the Kearney Police Department, began investigating the incident
as possible child abuse.The child was removed from life support and pronounced dead at
2:44 p.m. Wednesday.An autopsy was to have been conducted Thursday.The girl's 7-year-old sister has been placed into protective
custody with the Nebraska Department of Health and Human Services
during the investigation.The investigation is ongoing.

Misty Kay Herrin Schultz, age 3, passed away Wednesday, December 22, 2010 at Kearney, NE. She was born April 22, 2007 in North Platte to Trampus Dean Schultz and Doris Herrin. Family that will always love her are her parents; sisters, Jayna Schultz, Ashley Herrin; grandparents, Roberta Herrin, Andy (Dawn) Bowker, Gary D. Schultz, Debra and Roy Rogers; great grandparents, Genevieve Newman, Edna Merrell and Floyd and Viola Schultz; aunt, Zella Worden; uncles, Travis Schultz, Shawn Triplett; great uncle, Jim Newman and many other aunts, uncles and cousins. Funeral services will be 2:00 pm Tuesday, December 28 at Carpenter Memorial Chapel. Visitation will be 8:30 am to 8:00 pm Monday at Carpenter Memorial Chapel. Online condolences may be shared at www.carpentermemorial.com


Misty Kay Herrin Schultz

Two suspects in a Gothenburg child abuse case appeared
in Dawson County Court Tuesday afternoon for a preliminary hearing to
determine whether the evidence against them was sufficient enough to
transfer the case before the district court.

Doris M. Herrin, 27, and Adam R. Jesseph, 24, were arrested
and jailed Dec. 24 for child abuse resulting in death, according to
information filed with the court. The pair was arrested as a result of
the investigation into the death of Herrin’s daughter, Misty K. Herrin, 3.

Jeff Wightman is representing Herrin and Jesseph’s attorney is
Jim McGough, a criminal defense attorney from Omaha. The State of
Nebraska is represented by Dawson County Attorney Liz Waterman.

The only witness called to the stand during the hearing was Sergeant Matt
Langley from the Gothenburg Police Department. Langley, an 11-year
veteran of the police force, testified in regard to findings by the
police department during their investigation of the death of Misty.

Doris and Jesseph reported that the girl had fallen while unattended
in a bedroom. The treating physician, however, reported that the
injuries were inconsistent with that report.

Herrin and Jesseph, both of 202 Ave. B in Gothenburg, brought an unresponsive Misty Herrin
into the Gothenburg Memorial Hospital emergency room at about 1:45 p.m. Tuesday.

After being examined for less than one hour, Misty was
transported by air to Kearney. She was placed under the care of Dr.
Kenton Shaffer, a certified pediatrician, where she had emergency
surgery for swelling on the right side of her brain.

“He did not believe she would survive the night due to the injury to her brain,” Langley testified.

The child was removed from life support and pronounced dead at 2:44 p.m. Wednesday.

According to court records, Shaffer diagnosed her as having suffered injuries
consistent with having been shaken; brain hemorrhaging on both sides of
her brain and hemorrhaging in both of her retinas.

Gothenburg Police obtained a search warrant and collected from the
Herrin household a damp towel, urine-soaked pajamas and a large clump of
hair from the trashcan.

“It just didn’t make sense,” Langley said of the clump of hair.

McGough objected to the statement about the hair, but presiding Judge Carlton
Clark allowed it, as the hearing was only preliminary.

In closing arguments Waterman pointed out a gap of time of at least an hour
before the defendants allegedly attempted to get assistance for the
three-year-old girl.

“There was no explanation as to what was going on,” Waterman said.

“The timeline isn’t indicative of anything,” McGough countered.
“It’s what they think happened,” McGough continued. “It’s not supported by any evidence.”
An autopsy has been conducted, but the results were not available to defense or prosecution as of press time.
In his remarks, Wightman agreed.
“There is no evidence as to the cause of the death of this child. It’s very speculative.”

In his ruling, Judge Clark referred to passages of the Nebraska Statute,
Section 28-707 and ruled there was probable cause to have the matter
heard at the call of the District Court.

Doris and Jesseph are each being held in the Dawson County jail in lieu of $500,000 bond at 10 percent.

Misty’s seven-year-old sister has been placed into protective custody with the
Nebraska Department of Health and Human Services during the court proceedings.

An arraignment for a Gothenburg mother charged in
the death of her 3-year-old daughter was rescheduled in Dawson
County District Court Friday.
Doris Herrin’s daughter, Misty, died Dec. 22, 2010. She is charged
with child abuse resulting in death, a Class IB felony.
The delay occurred because Herrin’s court-appointed attorney,
Jeffrey Wightman, said he will challenge her Jan. 5 preliminary
hearing in Dawson County Court. District Judge James Doyle rescheduled her arraignment for March
11.Herrin’s live-in boyfriend, 24-year-old Adam Jesseph, faces similar
charges in the case. A Class IB felony is punishable by 20 years to life in
prison.Herrin, 27, has a 6-year-old daughter and requested a reduction of
her bond to see her daughter. The request was denied.
Herrin and Jesseph are being held on cash bonds of $50,000
each.According to court records, investigators were told the child fell
in a bedroom, either from a toy car or from a dresser.
Investigators said the toy car measured 15.5 inches from the floor,
while the dresser top was 45 inches from the floor.
Physicians who examined the child said her injuries were not
consistent with Herrin and Jesseph’s story. Court files say an
autopsy revealed Misty suffered hemorrhaging of the brain and her retinas.

http://www.kearneyhub.com/news/local/article_7a2db534-310b-11e0-9538-001cc4c002e0.html

Shaken baby case headed for trial
May 27, 2011
LEXINGTON – After failing to convince Dawson District Judge James Doyle there was a lack of sufficient evidence against his client, Jeff Wightman, the defense attorney for Doris M. Herrin, 27, of Gothenburg, asked for a jury trial in September.

Herrin and her boyfriend, Adam R. Jesseph, 24, were arrested and jailed Dec. 24 for child abuse resulting in death, according to information filed with the court. The pair was arrested as a result of the investigation into the death of Herrin’s daughter, Misty K. Herrin, 3.

Wightman is representing Herrin and Jesseph’s attorney is Jim McGough, a criminal defense attorney from Omaha. The State of Nebraska is represented by Dawson County Attorney Liz Waterman.

Police say Herrin’s daughter was unresponsive when she was taken to a Gothenburg hospital the afternoon of Tuesday, Dec. 21. She was then flown to a Kearney hospital, where she underwent surgery for a brain injury. She died the following day.

Doris and Jesseph told police that Misty had fallen while unattended in a bedroom. The treating physician, however, reported that the injuries were inconsistent with that report and that the tot suffered injuries consistent with having been shaken; brain hemorrhaging on both sides of her brain and hemorrhaging in both of her retinas.

Last February, Wightman filed for a plea and abatement in the case, stating the case against his client had not been proven sufficient to bring to trial when it was first heard in Dawson County Court. The only exhibit entered into evidence supporting the motion was the transcript of the lower court proceedings.

The only witness called to the stand during that preliminary hearing was Sergeant Matt Langley from the Gothenburg Police Department. Langley, an 11-year veteran of the police force, testified in regard to findings by the police department during their investigation of the death of Misty.

At that hearing, the attorneys for both defendants argued the evidence was insufficient to have the case heard in district court, saying the evidence was more speculative than anything else.

In his ruling, Dawson County Court Judge Carlton Clark referred to passages of the Nebraska Statute, Section 28-707 and ruled there was probable cause to have the matter heard at the call of the District Court.

On May 19, Doyle ruled the plea for abatement overruled and denied. Doyle used several case law examples where evidence at a preliminary hearing need only show a crime was committed and there was probable cause to believe the accused committed it, not that the evidence had to be sufficient to sustain a verdict beyond a reasonable doubt.

Should Herrin be found guilty of the Class 1B felony with which she is charged, she faces a maximum of 50 years in prison with a minimum of 20 years.

Herrin pleaded not guilty. She remains housed at the Dawson County Jail in lieu of $500,000 bond at 10 percent. Her trial is set for Sept. 13.

Jesseph, the co-defendant in the case, posted bond. His trial is also scheduled for Sept. 13.

Both defendants are considered innocent until a jury says otherwise.

http://www.lexch.com/articles/2011/05/29/news/local/doc4ddffe2d1f44c514445214.txt

LEXINGTON – Doris Herrin’s trial in the death of her 3-year-old
daughter was rescheduled for Nov. 8 by Dawson County District Judge
James E. Doyle in a hearing Friday.


Herrin, 27, is charged with child abuse resulting in death, a
Class IB felony, which carries a sentence of 20 years to life in
prison.
A similar charge has been made against her then live-in
boyfriend, Adam Jesseph, 24.
The trial was originally scheduled for Sept. 13.
Physicians at Good Samaritan Hospital declared Herrin’s daughter
dead Dec. 22. An autopsy found massive hemorrhaging of the brain
and her retinas caused the child’s death.
Herrin and Jesseph told investigators the child fell in a
bedroom either from a toy car or a dresser. Physicians who examined
her said her injuries were inconsistent with a fall.
Jeffrey M. Wightman, Herrin’s attorney, requested the
postponement. Jesseph’s case is scheduled for trial Dec. 13.
Herrin and Jesseph are each being held on $50,000 cash bond.
http://www.kearneyhub.com/news/local/article_d0d8e7a0-caf8-11e0-8e20-001cc4c03286.html

Trial delayed for Gothenburg woman facing child abuse charges
Posted: 10/28/11 16:43


Defense and prosecution attorneys agreed to a continuance in the trial of a Gothenburg woman facing child abuse charges in the death of her toddler daughter. Attorney Jeff Wightman was flanked by his client, 27 year old Doris Herrin, at Friday's hearing. District Judge Jim Doyle set a new trial date of Jan. 17. Wightman says there is much to do to prepare for his client's trial. Dawson County Attorney Liz Waterman agreed the delay is justified. 24 pre-trial motions were aired at Herrin's Aug. 19 court appearance. At that time, Judge Doyle granted motions to allow Herrin to wear civilian clothes and to have restraints removed during the trial. On Friday, Judge Doyle overruled the defense's motion banning jurors from taking notes during the trial.

3 year old Misty Herrin died at Good Samaritan Hospital in Kearney, December 22, one day after she was transferred to the facility with a brain injury. Herrin and live-in boyfriend, 24 year old Adam Jesseph were arrested in the child's death. Each face a charge of child abuse resulting in death, a 1B felony that carries a maximum penalty of life in prison and a minimum of 20 years. Herrin remains incarcerated on $50,000 cash bond. Jesseph remains free after posting $53,000 bond.



http://www.krvnfm.com/news/index.php?more=4vrr9f7a

Posted: Dec 05, 2011 12:36 PM CST
Updated: Dec 05, 2011 11:19 PM CST

The case against a Gothenburg man charged in the child abuse death of his girlfriend's 3-year-old daughter has been dismissed.

Doris Herrin, 28, and her live-in boyfriend, Adam Jesseph, 25, were charged with child abuse resulting in death after Herrin's toddler daughter, Misty, died last December from head injuries allegedly caused by the couple.

Jesseph's attorney, Jim Mcgough, told NTV News Monday that further investigation found no criminal involvement by his client and that it shows the girl's mother acted alone. "He [Jesseph] is heartbroken over what happened to Misty," Mcgough said.

On Dec. 21, 2010, the unresponsive child was taken to the Gothenburg Memorial Hospital emergency room by her mother and Jesseph after sustaining what they said was a fall while left unattended in her bedroom.

That same day, she was transported to Good Samaritan Hospital in Kearney, where she underwent emergency surgery for a brain injury.

The following day, Misty was removed from life support and was pronounced dead.

Police began investigating the incident as possible child abuse and removed Misty's 7-year-old sister from the home. She was placed in protective custody with the Nebraska Department of Health and Human Services (DHHS), pending the outcome of the investigation.

It is unclear if she is still in custody of the DHHS.


Herrin is scheduled to go to trial in January. She faces 20 years to life in prison if convicted.

http://www.nebraska.tv/story/16191311/update-charges-dismissed-in-child-abuse-death-case
_____________________________________________________________________________________________

** Misty's sister is not in custody of DHHS and lives with her father now.

** Doris' trial is on January 17

http://www.kearneyhub.com/news/local/article_09b8041e-201e-11e1-8133-001871e3ce6c.html

LEXINGTON — Child abuse charges against Adam Jesseph of Gothenburg were dismissed Monday.



Jesseph, 25, had been charged in Dawson County District Court in the Dec. 22, 2010, death of 3-year-old Misty Herrin. His trial was scheduled for Dec. 13.

Dawson County Attorney Liz Waterman didn’t explain why the case against Jesseph was dismissed.

The Associated Press reported that Jesseph’s lawyer, Jim McGough, said it appears that Misty’s mother acted alone.



Charges of child abuse resulting in death remain against the mother, Doris Herrin, 28. Child abuse resulting in death is a Class IB felony carrying a prison sentence of 20 years to life.

Herrin’s trial is scheduled in Dawson County District Court Jan. 17.

The Gothenburg Police Department was called to Herrin’s home at 5:30 p.m. Dec. 21, 2010. The child was first taken to the Gothenburg Community Hospital then to Good Samaritan Hospital in Kearney.

She was put on life support and was declared dead the following day.

According to the Gothenburg Police Department reports, Herrin and Jesseph said the child fell while in a bedroom, either from a toy car or from a dresser. Police said the fall from the toy car would have been a distance of 15½ inches. A fall from the dresser would have been a distance of 45 inches to the bedroom floor.

Physicians who treated the child said her injuries were not consistent with the circumstances Herrin and Jesseph described.

An autopsy revealed massive hemorrhaging of the brain and of her retinas.

Mother on trial in daughter’s death

Herrin charged with death of 3-year-old; trial starts Monday


Posted: Saturday, August 18, 2012 11:00 am | Updated: 12:23 am, Sat Aug 18, 2012.

By HARRY G. PERKINS Hub Regional Correspondent


LEXINGTON — Doris Herrin will go on trial Monday in the December 2011 death of her 3-year-old daughter Misty.

District Judge James E. Doyle said he expects the trial will take five days.

At a hearing Friday morning, Doyle considered a defense motion to exclude some photographs from evidence.

Doyle ruled that the motion by Herrin’s court-appointed attorney, Jeff Wightman, will be in the judge’s chambers with Herrin present.

Doyle said that 100 people have been called for jury service. That number will be reduced to 40 for the selection of the panel of 14 jurors that will include two alternates.

Herrin, now 28, was been living in Gothenburg before her arrest in December She took Misty to Good Samaritan Hospital in Kearney for examination and the child was declared dead.

Herrin is charged with child abuse resulting in death, a Class IB felony. If convicted, she could face 20 years to life in prison.

At the time of her arrest, she told investigators her daughter fell from a toy car or from a dresser. After an autopsy, physicians said her injuries were inconsistent with the explanations from Herrin and her live-in boyfriend, Adam Jesseph. Doctors said Misty died from massive hemorrhaging of her brain and retinas.

Charges against Jesseph were dismissed in December.

http://www.kearneyhub.com/mother-on-trial-in-daughter-s-death/article_a3eedbb2-e8f4-11e1-8076-001a4bcf887a.html#user-comment-area

Posted: Tuesday, August 21, 2012 1:36 pm | Updated: 6:38 am, Wed Aug 22, 2012.

by Danny Gruber C-H staff writer | 0 comments




Editor’s note: As this is an ongoing trial, Herrin is still innocent until proven guilty by a jury of her peers. The fact that a case goes to trial only means a crime has been alleged; it’s not an indicator of guilt. This article gives background into the case as well as the opening statements of the prosecution and defense. Witnesses will testify over the next four days and the case is expected to be turned over to the jury on Friday.



LEXINGTON – The jury trial of Doris Herrin began late Monday after at the Dawson County Courthouse. It took presiding Judge Jim Doyle, prosecuting attorney Liz Waterman and defense attorney Jeff Wightman several hours to interview 100 potential jurors to get the 14 that are serving on the jury panel.

Due to the anticipated length of the trial, five days, the court thought it would be wise to have two alternates lined up. The 14 men and women chosen for jury duty have no idea who those alternates are, so all will have to follow the case until its conclusion, where two of the jurors will be dismissed before deliberations begin.

Herrin, 28, a Gothenburg resident, was arrested and jailed Dec. 24, 2010 for child abuse resulting in the death of her three-year-old daughter, Misty. Also arrested and implicated in the death of the toddler was 25-year-old Adam Jesseph, Herrin’s boyfriend at the time. The case against Jesseph was dismissed last December.

Herrin and Jesseph brought an unresponsive Misty Herrin into the Gothenburg Memorial Hospital emergency room at about 1:45 p.m. Tuesday, Dec. 21, 2010.

In her opening statement to the jury, Waterman told the jury that Herrin and Jesseph reported that the girl had fallen while unattended in a bedroom. The treating physician at Gothenburg Memorial Hospital, Craig Bartruff, reported that the injuries Misty sustained were inconsistent with that story.

After Misty was examined by Bartruff, she was transported by helicopter to Good Samaritan Hospital in Kearney where emergency surgery was performed to relieve cranial pressure. She was placed on life support, but died the next afternoon.

Autopsy results indicate Misty had rotational injuries, consistent with being shaken, but the ultimate cause of death was blunt force trauma to the head.

Waterman alleges that Herrin caused Misty’s death.

“You’ll see the many faces of Doris Herrin during this trial,” Waterman promised the jury. “I mean that literally.”

Waterman claims that while in the emergency room, Herrin’s behavior toward her daughter and her condition was one of “total disregard.”

According to Waterman, while Herrin was in the emergency room, she didn’t touch Misty, didn’t go near her. In fact, Herrin allegedly had a small puppy in the ER that she was showing everybody.

And Herrin’s stories about what happened to Misty continually changed.

When Herrin and Jesseph were arrested, she was adamant about what had happened to Misty, said Waterman, and cooperated with law enforcement for interviews.

As time progressed, said Waterman, Herrin’s stories changed. In the original story to investigators, Herrin said she heard Misty fall and ran into the room to see what had happened to her.

In another version of the story, Herrin allegedly said she had been sleeping when it happened. In yet another version of the story, Herrin told investigators Misty had a pre-existing head injury.

Waterman promised there would be witnesses in the coming days that would include a fellow jailmate who claims Herrin confessed to her what really happened, as well as Herrin’s own mother who is to testify that in 2009 Herrin allegedly brought Misty to her, “Worried she might hurt her.”

“This was an abuse case, not an accidental fall,” Waterman contended. “She was abused. She had a traumatic brain injury and she never woke up.”

In her statement to the prosecution, the jail witness said that Herrin allegedly picked up her daughter and threw her at the wall, causing a blow to her head, a fact that Wightman disputed during his opening statements.

He pointed to Herrin’s small stature.

“That’s not even plausible,” Wightman said, indicating the child weighed 30 or 35 pounds.

Wightman pointed out the only person who seems to be saying she heard the alleged confession of Herrin was the one jailmate. He also pointed out there are nearly 18 other women that share that same small space. Why hadn’t they heard the same confession?

“Not every death of a child is the fault of someone,” Wightman said.

“I don’t know what happened to Misty Herrin,” Wightman continued, “but it’s not my job to show what happened to Misty Herrin.

“Doris wasn’t there. She can’t be sure what happened.”

Wightman pointed out that Jesseph was on the suspect list at one time.

“It’s possible he was involved,” Wightman countered.

As far as his own client is concerned, according to Wightman, the state would not be able to meet the burden of proof for a conviction against Herrin.

“They cannot prove beyond a reasonable doubt,” he said.

http://lexch.com/news/local/mom-on-trial-in-alleged-baby-battering-case/article_36a62b14-ebbf-11e1-84c3-0019bb2963f4.html


* In regards to her small stature... she is about 4'10 or so and petite.

Misty Herrin’s injuries don’t mesh with Doris Herrin’s story of fall from dresser, four say

Posted: Wednesday, August 22, 2012 1:30 pm | Updated: 11:55 am, Wed Aug 22, 2012.

By HARRY G. PERKINS Hub Regional Correspondent | 0 comments




LEXINGTON — Dawson County Attorney Liz Waterman took testimony on Tuesday from four physicians in the second day of the Doris Herrin trial.

Herrin, 28, of Gothenburg is charged with child abuse resulting in the death of her 3-year-old daughter Misty on Dec. 22, 2010. She has been in the Dawson County Jail since then.

A pediatrician, a neurosurgeon, a pathologist and a pediatrician specializing in child abuse were among seven people who testified.

All four physicians disbelieve Herrin’s explanation that her daughter suffered her fatal injury in a fall of four to five feet from a bedroom dresser.

Kenton Schaffer, a Kearney pediatrician, said he had an emergency team assembled and ready to meet Misty Herrin at Good Samaritan Hospital the afternoon of Dec. 21, 2010, when Misty was delivered from Gothenburg by Good Sam’s AirCare helicopter.

Schaffer said Misty was in the operating room within three minutes of her arrival. A CT scan revealed her brain was badly injured and had shifted to the left from pressure caused by the injury on the right side. Efforts were made to increase her heart rate, but a CT scan revealed that not enough blood was reaching the left side.

“That side of her brain was dying,” Schaffer said.

Dr. Chinyere Obasi, a Kearney neurosurgeon, later testified that he made an opening in the right side of Misty’s skull to relieve the pressure. When Obasi opened a small patch of the skull, he said about 3 inches by 3 inches, and the brain started coming out of the skull because of the pressure within it.

The child had been ventilated in Gothenburg and remained on a ventilator overnight. The following morning, an examination revealed no evidence of brain function.

“She was brain dead,” Schaffer said. After a discussion with the family, life support was removed. Schaffer declared Misty dead at about 1:30 p.m.

Shaffer said the previous afternoon when he asked Herrin and Adam Jesseph, her boyfriend, what had happened, they said they thought she fell from a toy box.

“I found the answer questionable,” Schaffer said. “It didn’t make sense to me.”

Under cross-examination by Jeff Wightman, Herrin’s attorney, Schaffer said the explanation of the injuries didn’t add up. He said there was indication of another injury before Dec. 21.

The existence of an earlier injury came up several times, and on each occasion Waterman objected that no foundation existed to enter that subject.

The longest testimony came from Dr. David Jaskierny, an Omaha pathologist, who was on the witness stand for about two hours while the prosecution introduced color photographs of Misty’s body, including her brain.

The photos of her brain displayed the swelling of one hemisphere of the brain and the movement of blood between the two spheres of the brain.

The jury watched intently as Jaskierny interpreted each photograph, some showing injuries such as on the back of the legs and the buttocks.

Doris Herrin turned her head away and appeared to weep.

“With medical certainty I don’t think she fell, struck her head, and died,” Jaskierny said under cross-examination.

He added that there was no fracture of the skull.

“Violent shaking could cause this kind of brain injury,” he said, but said there was no evidence that she had been grasped by the shoulders.

Dr. Suzanne Haney, a pediatrician associated with Project Harmony in Omaha, said it was her judgment the injuries Misty suffered did not come from a fall in a house.

Asked for her opinion by Waterman, Haney replied, “She did not die from a fall. I don’t know the cause, and I don’t know who caused it.”

email to:

jessica.kokesh@kearneyhub.com


http://www.kearneyhub.com/news/local/doctors-just-don-t-believe-mother-of-dead-toddler/article_eddd65f8-ec79-11e1-b344-001a4bcf887a.html