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Defense attorneys say shaken baby syndrome is 'absolute lie' in man's murder trialBELLEVILLE, Jun 07, 2012 (Belleville News-Democrat - McClatchy-Tribune Information Services via COMTEX) -- Defense attorneys in the murder trial of a man accused of shaking a 5-month-old girl said Thursday that doctors worldwide "believe that shaken baby (syndrome) is an absolute lie." Neither forensic pathologists involved with 5-month-old Alayna Frazier's autopsy could say for certain Alayna died from being shaken. But they do believe her death wasn't accidental and it was not blunt force trauma that killed her. Kenneth Zook, 26, of Fairview Heights, is accused of killing the Belleville baby. His first-degree murder trial continues at 9 a.m. Friday with the prosecution's witnesses. If the prosecution team rests today, the defense will likely call one witness: Dr. John Plunkett, a Minnesota forensic pathologist who has openly questioned the theory behind shaken baby syndrome. On Thursday, prosecution witness Dr. Kamal Sabharwal, said Alayna's death was a homicide and she died from a closed head injury. Dr. Mary Case, St. Louis County's chief medical examiner, said Alayna's injuries correlated with an "acceleration and deceleration injury," such as a whiplash motion, and not consistent with a simple fall. Case, who has researched and taught about child abuse and head trauma, said she reached this conclusion because Alayna's scalp was bruised in multiple areas, which indicates that there wasn't one point of force, and because of the evenly diffused way Alayna was bleeding between her brain and skull and into her retina. Defense attorney Thomas Q. Keefe III questioned Sabharwal and Case on the studies and evidence that support shaken baby syndrome. The studies that support shaken baby syndrome were done on animals and it's unclear the amount of force needed to cause fatal injuries for a baby. The defense also wondered why there are no bruises or spinal injuries from the force of shaking. Sabharwal said there isn't always evidence of a neck injury, bruising on the chest or brain swelling if a baby is shaken. Earlier Thursday, defense attorney John O'Gara questioned Belleville Police Detective Matt Eiskant on why he asked Zook about shaken baby syndrome and whether doctors or the medical examiners mentioned it as a cause of Alayna's death. O'Gara said doctors "believe that shaken baby is an absolute lie" and there are people falsely convicted of the syndrome. O'Gara also asked Eiskant whether heroin users make good witnesses. "(Zook's) telling you he's even passing out at certain points," O'Gara said. "Yes, he is," Eiskant replied. Eiskant, who testified Tuesday, was called back to the stand while the courtroom watched videos of the first two police interviews with Zook. In one video, Zook said he and Kayla Frazier went to St. Louis to purchase about 10 buttons of heroin, or $100 worth. Zook said he used the bulk of the heroin, but he injected himself and Frazier. They returned home and put Alayna to bed, but went upstairs when she started to cry. Zook said he picked her up, and the baby heaved three times. "All of a sudden I felt dead weight," Zook said. Zook told police he has a daughter and son of his own, and he wouldn't hurt Alayna. In the next video, Zook told police he blacked out and dropped her or fell on her. "I don't even know how long I fell out," Zook said. "Maybe I took too much air from her." The trial opened Tuesday with prosecutors saying Zook admitted shaking the baby in 2008 because she would not stop crying. Jurors watched a video of the third interview in which Zook used a doll to demonstrate to police how hard he shook the baby. Defense attorneys said the jury should hold Zook accountable for manslaughter, not murder. Also on Thursday: -- A juror was removed from the trial after she talked to Zook's cousin and was replaced with an alternate juror. St. Clair County Circuit Judge Mike Cook, who did not identify the family member, said the man has been banned from the courthouse for the remainder of the trial. -- Belleville Police Detective Ray Proksha testified. Prosecutors showed jurors photos that Proksha took of Alayna's injuries while she was hospitalized and the home where Alayna was found. -- Alayna's mother, Kayla Frazier, 27, appeared at the courthouse Thursday as a witness for prosecutors, but she did not testify. Frazier pleaded guilty to a misdemeanor in the death of her daughter and got probation. She is serving three years at the Lincoln Correctional Center for burglary and theft convictions. ___ (c)2012 the Belleville News-Democrat (Belleville, Ill.) Visit the Belleville News-Democrat (Belleville, Ill.) at www.bnd.com Distributed by MCT Information Services |