People v. Schuit
| Decision Date | 30 September 2016 |
| Docket Number | No. 1–15–0312.,1–15–0312. |
| Citation | 2016 IL App (1st) 150312,67 N.E.3d 890 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Jason SCHUIT, Defendant–Appellant. |
| Court | United States Appellate Court of Illinois |
Zachary M. Bravos and Kathleen M. DiCola, both of Bravos & DiCola, of Wheaton, for appellant.
Anita M. Alvarez, State's Attorney, of Chicago (Alan J. Spellberg and Marci Jacobs, Assistant State's Attorneys, of counsel), for the People.
¶ 1 Following a bench trial, the circuit court of Cook County convicted defendant, Jason Schuit, of aggravated battery of a child. The victim was defendant's newborn son, Dylan (born October 2, 2009). The trial court denied defendant's motion for a new trial and sentenced him to ten years' imprisonment. For the following reasons, we affirm.
¶ 3 The State charged defendant with two counts of aggravated battery based on injuries to defendant's newborn son Dylan. Specifically, the State charged defendant with aggravated battery to a child in that defendant shook Dylan resulting in great bodily harm (count I) and permanent disability (count II). Before trial, defendant moved to bar evidence of "Shaken Baby Syndrome" and requested a hearing pursuant to Frye v. United States , 293 F. 1013 (D.C.Cir.1923). The trial court denied defendant's motion. Following a bench trial the court convicted and sentenced defendant. On appeal defendant challenges the trial court's order denying his motion for a Frye hearing and the sufficiency of the evidence to prove his guilt beyond a reasonable doubt.
¶ 4 Dylan was born October 2, 2009. Dr. John McInerney delivered Dylan by cesarean section
(C-section). The medical records from the delivery noted bruises on Dylan's lip and scalp after his birth. Dr. McInerney testified that photographs of Dylan show a bruise on Dylan's lip and a bruise or birthmark on Dylan's forehead. Dylan's mother, defendant's wife Jeanette, testified that during the delivery she was being jerked around and was vomiting. Defendant similarly testified that Dylan's birth was difficult. However, Dr. McInerney testified Dylan had a normal, nontraumatic birth by C-section and that Dylan was born healthy.
¶ 5 On October 14, 2009, Dylan's pediatrician, Dr. Christopher Calvert, examined Dylan. Dr. Calvert gave Jeanette medication for a yeast infection
in Dylan's mouth and found Dylan to be healthy and thriving. Jeanette testified that on October 15 Dylan started crying and could not be soothed. The following day Jeanette called the pediatrician, who changed Dylan's formula and prescribed another medication. On that day Dylan cried most of the time and could not be consoled. Jeanette called the doctor again, and he saw Dylan on October 17, 2009. Dr. Calvert testified that on October 17 he talked to Dylan's parents about reflux and prescribed a medication to help. Dr. Calvert testified he saw no signs of abuse on Dylan. Jeanette testified the medication for reflux did not help and Dylan would not stop crying. Jeanette called Dr. Calvert's office on October 22 and November 3. Dylan saw an associate of Dr. Calvert on November 9, 2009 and again on November 18, 2009. The records from those two visits do not indicate any suspicions of abuse. Jeanette testified Dylan continued to cry and was throwing up more than a typical baby would in her experience (including as a daycare worker).
¶ 6 On December 13, 2009, Dylan suffered projectile vomiting. Jeanette called the pediatrician and as a result she and defendant took Dylan to the emergency room. Dylan's parents told doctors that Dylan's older brother had a pyloric stenosis. Pyloric stenosis can cause projectile vomiting. Increased intracranial pressure
is another cause of projectile vomiting. Dylan was admitted for pyloric stenosis surgery. Dylan's surgery occurred on December 19, 2009. It was later determined Dylan did not have pyloric stenosis. After surgery, Dylan had another episode of projectile vomiting and he also vomited if he was fed more than one ounce. Dylan had a low fever and one radiologist believed that an October 16 chest X-ray suggested bronchiolitis
. The hospital discharged Dylan on December 17, 2009. On the day of his discharge, Dylan took 1 ounce of fluid without vomiting but vomited with a 1.5–ounce feeding.
¶ 7 Jeanette testified that after Dylan was discharged from the hospital, Dylan slept more than usual and continued to have a fever. On December 19, 2009 Jeanette and Dylan returned to Dr. Calvert and she reported that Dylan was in pain. Dr. Calvert testified there was no bruising or indications of abuse on Dylan's body. He believed Dylan was completely normal. Later that afternoon, Jeanette left Dylan with defendant, their other son Tyler, and defendant's brother Michael. Defendant and Michael testified Dylan spent the afternoon sleeping, eating, playing, and in a bouncy chair. Defendant testified they tried to get Dylan to smile but could not. Jeanette attempted to call home but no one answered. Then, at approximately 6:50 p.m. defendant answered and told Jeanette that Dylan was getting sick. Jeanette planned to call the pediatrician for an appointment. Defendant testified that between 10 and 15 minutes later he put Dylan in his bouncy chair and put Tyler to bed. When defendant came back from putting Tyler to bed he found Dylan hunched over. Dylan had thrown up. When defendant picked Dylan up, Dylan's head went back. Dylan took a breath and defendant knew something was not right. Defendant called 9–1–1 and reported that Dylan was not breathing. Defendant was instructed to perform CPR. When a paramedic arrived and defendant let her in, she saw that Dylan was blue indicating a lack of oxygen. She immediately took Dylan from the floor and started performing CPR on her way back to the ambulance. The paramedic testified that when performing CPR on Dylan, she did not taste, see, or smell vomit, but she did taste "boogers, snots, and slime." Dylan's heartbeat and pulse were restored, and he was eventually transferred to Hope Children's Hospital (also referred to as Christ Hospital (Christ)).
¶ 8 Tests revealed that Dylan had both new and old bleeding all around his brain. Additional tests at Hope revealed severe "bilateral retinal hemorrhages
," a healing twisting fracture at the end of his left tibia, and a bruise on his forehead. Someone advised Jeanette that Dylan was the victim of "Shaken Baby Syndrome" (SBS). Jeanette utilized a computer at the hospital to do some research, and as a result she requested a magnetic resonance imaging (MRI) test for Dylan, but it was not performed. At the time of this incident, defendant was on a methadone maintenance program for a prior heroin addiction. As a result of his injuries, Dylan is permanently disabled. He is blind and likely deaf, cannot breathe or eat on his own, and will never walk.
¶ 10 The following experts provided testimony for the State:
¶ 13 Dylan was admitted to the pediatric intensive care unit and tests were ordered. Tests for white blood cell
count, hemoglobin, and platelets were "all within normal limits." Dr. Kampanatkosol testified that a computed tomography (CT) scan of Dylan's head showed bleeding in the brain, specifically "a right frontal parietal bleed and left temporal subarachnoid hemorrhage." Dr. Kampanatkosol also testified that X-rays indicated multiple healing rib fractures.
¶ 14 The State asked Dr. Kampanatkosol if, based on his treatment of Dylan, he diagnosed what happened to Dylan. Dr. Kampanatkosol responded nonaccidental trauma. He stated he arrived at that diagnosis "[g]iven the findings of the intracranial bleeds, the retinal hemorrhages
seen by the ophthalmologist and the multiple rib fractures, those combined."
¶ 15 On cross-examination, Dr. Kampanatkosol clarified his testimony that the bruising on Dylan's forehead was recent, stating "recent" meant "within a few days." Dr. Kampanatkosol testified that in his opinion, the bruise did not cause or contribute to Dylan's condition. He had no opinion as to how old Dylan's intracranial bleed was. According to the report of the scan, there were both old and new bleeds. Dr. Kampanatkosol initially testified a vitamin D level is not needed to check for rickets because rickets is diagnosed by X-ray. But he later said that to rule out rickets, a vitamin D level is needed. He agreed that bone can lose a lot of calcium
before there is any suggestion of that on an X-ray; bone can lose up to 30% of its calcium and still appear normal on an X-ray.
¶ 17 Dr. Nagendra Polavarapu testified as an expert pediatric critical care...
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