State v. Parker, 1 CA-CR 08-0990
| Decision Date | 23 June 2011 |
| Docket Number | 1 CA-CR 08-0990 |
| Parties | STATE OF ARIZONA, Appellee, v. BLAIR LAMONT PARKER, Appellant. |
| Court | Arizona Court of Appeals |
See Ariz. R. Supreme Court 111(c); ARCAP 28(c);
(Not for Publication -Rule 111, Rules of the Arizona Supreme Court)
Cause No. CR2005-009256-001 DT
The Honorable Roland J. Steinle, III, Judge
AFFIRMED
Thomas Horne, Arizona Attorney General
By Kent E. Cattani, Chief Counsel
Criminal Appeals/Capital Litigation Section
Attorneys for Appellee
Phoenix
Bruce F. Peterson, Maricopa County Legal Advocate
By Frances J. Gray, Deputy Legal Advocate
Attorneys for Appellant
Blair Lamont Parker
Appellant in propria persona Douglas
OROZCO, Judge ¶1 Blair Lamont Parker (Parker) appeals his convictions on two counts of criminally negligent child abuse, each a class four felony and a domestic violence offense; and one count of reckless child abuse, a class three felony and a domestic violence offense. Parker's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), advising this court that after searching the entire record on appeal, she finds no arguable grounds for reversal and requests this Court to conduct an Anders review and search the entire record for fundamental error. We granted counsel's motion to allow defendant to file a supplemental brief in propria persona, and he has done so.
¶2 Our obligation in this Anders appeal is to review the entire record for reversible error. State v. Clark, 196 Ariz. 530, 537, ¶ 30, 2 P.3d 89, 96 (App. 1999). We view the facts in the light most favorable to sustaining the jury's verdict and resolve all inferences against defendant. State v. Guerra, 161 Ariz. 289, 293, 778 P.2d 1185, 1189 (1989).
¶3 Parker and his wife were indicted on three counts of intentional child abuse under circumstances likely to produce death or serious injury, each a class two felony, a dangerous crime against children, and a domestic violence offense, in violation of Arizona Revised Statutes (A.R.S.) section 13-3623.A(2010).1 The trial court granted Parker's motion to sever the trials for him and his wife. The following evidence was presented at Parker's trial.
¶4 Parker and his wife are the parents of M., a daughter born in May 1993; C., a son born in March 1996; and Z., a daughter born in December 2001. Parker had the family adopt a vegan lifestyle, and he and his wife controlled the portions the children were permitted to eat at each meal. The children, who were home-schooled by Parker's wife, were typically not allowed snacks between meals.
¶5 During the early morning hours of April 23, 2005, paramedics responded to the Parker's apartment in regards to a 911 call. Paramedics found Parker lying on a bed with what appeared to be an infant, wrapped in a robe or towel, lying on his chest. Parker told paramedics that every time he moved, the child, later identified as Z., would have petit mal seizures.
¶6 Z. had no palpable pulse, no palpable blood pressure, her breathing was extremely labored and her circulation was very poor. Paramedics were unable to start an IV or establish a blood sugar level. Z.'s condition was so critical that therescue staff feared moving her from Parker and ultimately transported her to the nearest hospital while she continued to lie on Parker's chest. Due to her need for intensive pediatric care, Z. was immediately transferred to Phoenix Children's Hospital.
¶7 The admitting physician at Phoenix Children's Hospital observed that Z. had a strikingly emaciated appearance. Although Z. was 3 years and 4 months old at admission, she weighed only 13 pounds, which is the average weight of a child less than one year old. Z.'s height was considerably less than that of a child two years old. She was so thin that the beating of her heart was visible through the flesh.
¶8 Parker told the doctor that Z. seemed to have lost at least half of her body weight in the past month, which he attributed to malabsorption. He did not, however, describe symptoms consistent with malabsorption. Subsequent testing on Z. for malabsorption was negative.
¶9 It was determined that Z.'s sodium and glucose levels were so low that her nervous system was shutting down. This condition could result in seizures and heart, liver and kidney malfunction. Moreover, Z. was very "cachectic," meaning she had no fat stores or muscle mass. The admitting physician believed that Z. was gravely ill when she arrived and that Z. could have died without immediate medical intervention because hersubstandard nutrient levels had affected her neurological, brain and heart functions. A pediatric intensivist who treated Z., testified that Z. was also very close to dying due to her inability to maintain her body temperature as a result of the extreme malnutrition.
¶10 Upon learning of other children residing in Parker's home, hospital staff notified law enforcement and Child Protective Services (CPS). Later that same day, CPS obtained consent from Parker's wife to bring M. and C. to Phoenix Children's Hospital for examination. While at the Parkers' apartment, CPS personnel observed food in the kitchen cabinets, refrigerator and freezer in amounts appropriate for a family with children. Once at the hospital and on the advice of Parker, his wife refused to allow M. and C. to be admitted for examination. Because of the refusal, CPS assumed temporary custody of M. and C.
¶11 Upon examination, both M. and C. were found to be emaciated and were admitted to the hospital for treatment. Based upon her height and weight, M., who was almost twelve years old, had the average weight of a five-year-old and the height of a child of seven and one-half years of age. C. was nine years old at the time he was admitted, weighed between 3235 pounds, the weight of an average child between three and four years of age, and was of a height of an average four-year-old.
¶12 Pediatricians at Phoenix Children's Hospital diagnosed all three children as suffering from severe failure to thrive as a result of malnutrition. All three experienced "refeeding syndrome," another side effect of severe malnutrition, a complication sometimes created in patients when a normal amount of food is reintroduced into the patient's diet and which may throw the body into an abnormal metabolic state which could result in death.
¶13 In addition, Z. suffered from cardiomyopathy, an abnormal heart condition attributed to a prolonged period of insufficient nutrition. This condition improved by the time of her discharge without medication or surgery. C. had a "shuffling" gait condition that can be caused by malnutrition. This problem was eventually completely resolved after C.'s discharge from the hospital.
¶14 Treating physicians opined the condition of all three children was due to many, many years of insufficient caloric intake. Once given 100% of her daily caloric requirements, Z. gained weight quickly. During their stay in the hospital, M. gained fourteen pounds and C. gained more than six pounds. All three children eventually attained normal height and weight for their age. None of the treating physicians observed symptoms of malabsorption in any of the children.
¶15 In his defense, Parker testified that he set up the children's diet intending them to be healthy, strong and resilient. He also testified that he conducted independent research on nutrition, owned books on nutrition and had nutrition charts posted on his refrigerator. He was familiar with child growth charts and knew that there were no separate charts for children eating a vegan diet. He had studied the calorie requirements for children at different ages.
¶16 Parker believed sluggish bowels led to disease and seizures. He expected his children to move their bowels several times a day. When any of the children failed to do so, they were given juice or enemas.
¶17 Parker further testified that he did not take Z. to a local doctor in the month before her hospitalization for several reasons. He testified his plan was to move the family to a Seventh-Day Adventist community out of state where he believed the people living there knew about the problem his family was having. Parker also testified he believed a doctor was necessary only when the body could not heal itself and that he and his wife were capable of handling Z.'s condition. Parker testified Z. had not been seen by a physician since birth, was delivered by a midwife and had received no immunizations. Parker disputed doctors' claims the children exhibited physical weaknesses. However, he conceded that in hindsight, thesituation with Z.'s medical condition was more severe than he realized. He also admitted that he did not believe his children were thriving. Finally, Parker admitted telling a detective that he knew when he called 911 that people might think he was starving Z. based on her emaciated appearance.
¶18 The jury convicted defendant of three lesser-included offenses of criminally negligent child abuse on counts one and two pertaining to M. and C. and of reckless child abuse on count three pertaining to Z. The jury further found as aggravating factors that the three offenses were domestic violence offenses committed in the presence of another and that count three involved the infliction of a serious physical injury. The trial court found no mitigating factors and sentenced defendant to consecutive aggravated terms of imprisonment of three years on count one; three years on count two; and eight and three-quarter years' imprisonment as to count three with credit for ninety-eight days of presentence incarceration. Defendant timely appealed. We have jurisdiction pursuant to Article 6, Section 9, of the...
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