McClaskey v. State
| Decision Date | 29 June 1989 |
| Docket Number | No. 48S00-8803-CR-286,48S00-8803-CR-286 |
| Citation | 540 N.E.2d 41 |
| Parties | Casie McCLASKEY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
Marianne Woolbert, Woolbert & Woolbert, Anderson, for appellant.
Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Casie McClaskey was convicted following a jury trial in the Madison Circuit Court of the crime of Reckless Homicide, a Class C felony, for which she received a term of five (5) years, and Neglect of a Dependent, a Class B felony, for which she received a term of twenty (20) years. Both sentences were ordered executed and to run concurrently.
McClaskey claims the trial court abused its discretion by suppressing only a portion of several statements she made to the police and also claimed there was insufficient evidence to convict her on either of the charges.
The facts show McClaskey gave statements to the police on four separate occasions but only the first two were admitted into evidence. McClaskey claims these two statements should also have been suppressed.
When reviewing issues regarding the admissibility of a statement and the ensuing waiver of rights in doing so, this Court looks to the totality of the circumstances existing when the statements were taken. Boyd v. State (1986), Ind., 494 N.E.2d 284, 300, cert. denied (1987), 479 U.S. 1046, 107 S.Ct. 910, 93 L.Ed.2d 860; Ball v. State (1981), 275 Ind. 617, 620, 419 N.E.2d 137, 140. In determining whether the statement was voluntary this Court looks to the surrounding circumstances to determine whether it was induced by violence, threats, promises or other improper influences. When there is conflicting evidence this Court determines whether the probative evidence supports the trial court. Boyd, supra; Jackson v. State (1981), Ind., 426 N.E.2d 685, 688.
The facts supporting the charges most favorable to the State show that in July, 1986, McClaskey resided with her husband and two children, Cherrean, aged two, and Russell, nine months of age. McClaskey's husband had been staying at the Anderson Center for about a month receiving treatment for alcoholism. The testimony of witnesses revealed McClaskey's home to be a sweltering, filthy mess. There was evidence of maggots in the refrigerator, dog excrement on the carpet, children's beds soaked with urine, dirty clothes, including soiled diapers, strewn about the house, as well as dirty dishes about the living room and kitchen. The odor of urine permeated the house which was infested with cockroaches and flies.
On Monday, July 14, Kelly Cook, a baby-sitter, watched the children and described baby Russell's condition as extremely filthy, noting he suffered from severe diaper rash, large sores, and bleeding blisters. Kelly Cook took the baby to her mother, Rebecca Cook, who bathed him and applied ointment to his sores. Mrs. Cook telephoned Anna Lockridge, McClaskey's mother, and threatened to report the situation to the authorities. Mrs. Lockridge told her to wait three days while she attempted to straighten out the situation at McClaskey's home.
Witness Michelle Geist observed McClaskey shake the baby on Tuesday, July 15, as she held him by the waist. The baby continued to cry after McClaskey sat him down. Kelly Cook also testified that, on one occasion, she saw McClaskey shake her baby to keep him quiet.
On Wednesday, July 16, the baby was at Mrs. Lockridge's home during the day. McClaskey took the baby home at 9:30 p.m. He was fussy because he had a fever and suffered from diaper rash. He was also cutting teeth. On Thursday, July 17, the temperature reached 90? and Mrs. Lockridge suggested the baby be taken to her house because it was cooler. McClaskey told her to mind her own business, kept the baby home, and had Kelly Cook baby-sit with him. McClaskey instructed her not to go into the baby's room but Ms. Cook disregarded these instructions and checked on the baby. He was lying still in his crib and when she touched him he opened his eyes and cried out. She gave him a mixture of lemonade and water to replace the spoiled milk in his bottle. After McClaskey learned Ms. Cook went into the baby's room, she told Cook not to go into the room. McClaskey said she didn't need anyone to tell her how to raise her kids and she would do whatever she wanted to with them.
On the evening of July 17, McClaskey had a group of friends over to her house. No one checked on the baby until 11:30 p.m. At that time, the baby's mouth was a dark bluish, purple color, he was hot, and his eyes were glassy. McClaskey took the baby to Mrs. Lockridge who noted his skin was white, his eyes were rolled back, and he was gasping for air.
The baby was then taken to St. John's Medical Center where emergency personnel noted the baby was blue and gasping. He was then transported by helicopter to Methodist Hospital.
Baby Russell was taken to the Pediatric Intensive Care Unit. He was not breathing and was connected to a ventilator. Dr. Stephen Nugent, a specialist in pediatric critical care, noted the baby appeared to be severely dehydrated. In addition, his neurologic examination was profoundly abnormal; for instance, the baby had no reflexes and did not respond to harmful stimuli. The baby's eyes did not move and his pupils were minimally reactive. Dr. Nugent estimated the baby had been dehydrated for eight to twenty-four hours and also noted the baby was one of the dirtiest children he had ever seen.
On July 21, 1986, the child died.
On July 22, 1986, Dr. Dean Hawley, a forensic pathologist, and Assistant Professor of Pathology at the Indiana University Medical Center, performed an autopsy on the baby and determined that he had suffered a variety of injuries. His spinal cord was fractured in mid-back and torn open where the spinal cord enters the base of the skull. Deep bruises were found on his right buttocks, right leg, chest, and head. There were cockroach bites on his right cheek.
Dr. Hawley found the baby's death was the result of multiple blunt force injuries. In addition, Dr. Hawley found the baby's brain and spinal cord injuries were typical of a unique set of injuries characteristic of Shaken Infant Syndrome. This occurs when a child is held under the arms and violently shaken so that the head oscillates back and forth and the spinal cord snaps. Although the brain and spinal cord injuries would have rendered the baby nearly lifeless, he might still have been capable of crying and minimal movement. Dr. Hawley indicated these injuries occurred prior to the baby's hospitalization.
On July 22, 1986, Lieutenant Michael Chambers of the Anderson Police Department began his investigation of the death of baby Russell. Detective Koons, who knew McClaskey's family, contacted McClaskey's mother who told McClaskey that police officers wanted to talk to her. Later the same day, the police officers conducted four interviews with McClaskey. At 3:15 p.m., McClaskey arrived at the police station and was advised by Chambers that he wanted to question her about the death of her baby. He advised her of her rights and at 3:31 p.m. she signed an acknowledgement and waiver form. Chambers then began the first interview with McClaskey and explained he wanted to review the events prior to the baby's hospitalization. At 4:13 p.m. he stopped the discussion for a break and resumed at 4:55 p.m. with the second interview. Chambers then told McClaskey he wanted to review certain discrepancies between the versions of the events which had been provided by McClaskey and her mother. McClaskey made several incriminating statements during this discussion. She admitted she became extremely angry because baby Russell continued to fuss. She stated she had never been so mad prior to that time.
In the meantime, McClaskey's grandmother requested Attorney Steven Smith to assist McClaskey during the questioning. Mr. Smith went to the police station and demanded to speak with McClaskey. Police officers did not allow him to see McClaskey at that time. Smith saw Deputy Prosecutor David Alger, who was not involved with this case, and asked him to intervene. Alger interrupted the second interview with McClaskey and informed Chambers that Smith wanted to see McClaskey. Chambers terminated the second interview and discussed the situation with Alger. Alger then informed Smith the police would let McClaskey decide if she wanted to see him.
Lieutenant Chambers' third interview with McClaskey was fifteen minutes long. At the end of the interview, Lt. Chambers again asked McClaskey if she wanted an attorney. McClaskey responded she had done nothing wrong and that she would have called an attorney if she wanted one.
Lieutenant Chambers' fourth...
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