State v. Goblirsch, 45964

• Decision Date: 23 July 1976
• Docket Number: No. 45964,45964
• Citation: 246 N.W.2d 12,309 Minn. 401
• Parties: STATE of Minnesota, Respondent, v. Michael GOBLIRSCH, Appellant.
• Court: Minnesota Supreme Court

Page 12

246 N.W.2d 12

309 Minn. 401

STATE of Minnesota, Respondent, v. Michael GOBLIRSCH, Appellant.

No. 45964.

Supreme Court of Minnesota.

July 23, 1976.

Syllabus by the Court

Upon defendant's appeal from conviction of first-degree manslaughter in a prosecution charging an intentional assault upon his 2-month-old daughter causing her death, it is held (1) that the circumstantial evidence is sufficient to support the jury's verdict; (2) that the use over defendant's objection of the medical phrase 'battered child syndrome' was not prejudicial; and (3) that the trial court did not err in refusing to admit the results of a polygraph test secured and offered by defendant.

Blethen, Ogle, Gage & Krause, and Bailey W. Blethen, Mankato, for appellant.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Thomas J. Foley and Edward M. Laine, Spec. Asst. Attys. Gen., St. Paul, John F. Corbey, County Atty., Mankato, for respondent.

Heard before ROGOSHESKE, TODD, and BREUNIG, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Defendant appeals from the judgment entered pursuant to a jury verdict finding him guilty of manslaughter in the first degree, Minn.St. 609.20(2), in the death of his 2-month-old daughter and from the denial of his post-trial motions. He principally asserts that (1) there was insufficient evidence to support the jury's implicit finding that he intentionally assaulted this infant and caused her death; (2) the permitted use of the phrase 'battered child syndrome' was prejudicial error; and (3) the trial court erred in refusing to admit polygraph evidence secured and offered by defendant tending to establish his credibility. We conclude there is sufficient supporting evidence, find no error, and accordingly affirm.

Defendant and his wife, Janice, were the parents of the deceased infant, Julie Goblirsch, who was born on September 22, 1974. The Goblirsches were married about 2 years prior to the infant's birth, and she was their first and only child.

At the time of the infant's death, Janice Goblirsch was working a 5-day week from 8 a.m. to 5 p.m. Defendant took care of Julie while Mrs. Goblirsch worked. From Monday morning until the time she was brought to the Mankato Clinic on Wednesday, November 20, 1974, defendant and his wife had exclusive custody of the child. At the time of the infant's death, defendant was 24 years old and was recuperating from surgery necessitated by a hip injury arising out of an automobile accident. Due to this injury, defendant was unemployed and recuperating at home throughout the entire 2-month period of the infant's lifetime.

At approximately 6 a.m. on November 20, Janice Goblirsch was awake while defendant was still sleeping. She went into the infant's separate bedroom and observed that her breathing seemed 'abnormal.' She woke her husband and both observed this condition and the fact that the child 'didn't seem to want to wake (up).' At 8 a.m., when they determined the child's condition was not improving, they decided to seek medical advice. Defendant said he had awakened and fed the infant at 3 a.m. as usual. According to defendant, she was '(p) erfect at that time.' Around 5 a.m., defendant woke again when the child began 'screaming, bawling like crazy.' Defendant acknowledged to his wife that while attending the infant that morning he had accidentally hit her head on the crib. Mrs. Goblirsch testified that she heard the child's head bump the crib at 5 a.m. The infant was brought to the Mankato Clinic by defendant at 8 a.m.

Dr. Donald Swenson, a pediatrician, examined the infant following her arrival at the Mankato Clinic. He noticed that she had bruises on her cheek and jawbone area and asked defendant how she had received them. Defendant stated that she had been picked up in the night and bumped a toy that was on the crib. The infant's fontanelle, or soft spot, was markedly bulging and tense, and the doctor also noticed a small scar and some abrasions. Dr. Swenson directed that she be taken to the hospital, where he again examined her. A spinal tap revealed bloody spinal fluid which indicated hemorrhaging somewhere between the brain and the point of the tap.

Dr. Swenson then performed a subdural tap which revealed blood. Since the doctor testified that a subdural hematoma caused by infection does not usually have blood in it, the presence of blood suggested trauma. A chest X-ray revealed irregular, healing fractures of several ribs. Dr. Swenson diagnosed the multiple injuries as probably being due to 'battered child syndrome.' Additionally, Dr. Swenson testified that the onset of the cerebral hemorrhage was very recent, 'a matter of minutes to hours.' He did not believe that hitting the crib could have caused the injury, nor that the injuries were accidental because of the inconsistent history which was given and the multiple injuries and evidence of multiple times of injury. Finally, Dr. Swenson testified that the infant's pattern of weight gain was not normal.

Margaret Baker, a nurse in Mankato, admitted the infant to the hospital and elicited a history from defendant. She testified that defendant told her that he bumped the infant's head on the crib, and that he may have bruised the infant's chin while feeding her.

The infant was subsequently taken to the University of Minnesota Hospitals by a special transport team. She arrived there about 6 p.m. on November 20, 1974, and was attended by Doctors Carl Hunt and John Barranger. She died 2 days later. Both doctors testified that the infant's head injury was not accidental and could not have been inflicted upon the infant by herself. Dr. Barranger testified that the brain hemorrhage was probably caused by a traumatic injury of considerable force.

Dr. William Anderson, a pathologist who examined the infant after she died, testified that the brain injury, the external bruises and the 13 fractures of her ribs which were then revealed were consistent with trauma, and that subdural hemorrhages and cerebral edema were the cause of death. Dr. Barranger testified that the size of the zones of recalcification on the infant's ribs indicated that the fractures were between 1 and 3 weeks old. Dr. Homer Venters, chief of the Department of Pediatrics at St. Paul-Ramsey Hospital in St. Paul, concurred with the opinion of the other doctors that the infant's injuries were not accidental in nature but instead indicative of the battered child syndrome.

Defendant testified at trial and denied ever intentionally injuring or abusing the infant in any way. Defendant's wife testified that she did not believe that defendant had intentionally harmed their child in any way. She also denied, as did defendant, being aware of any accident or serious trauma to the infant prior to the morning of November 20 when her breathing became abnormal. Also, neither parent had any explanation for, or claimed any knowledge about, the infant's multiple rib fractures.

Defendant testified that he handled the regular night feeding at 3 a.m. on November 20 without incident and left the baby sleeping on her stomach at that time. He stated that at about 5 a.m. she started to cry again and this was an unusual time for her to wake up. Defendant got up to attend her, went into her room, and lifted her out of the crib. In...