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State v. Beaty

Court of Criminal Appeals of Tennessee, Nashville

November 8, 2016

STATE OF TENNESSEE
v.
RANDALL T. BEATY

          Session Date: April 19, 2016

          Remanded by the Supreme Court, October 19, 2016

         Appeal from the Criminal Court for Sumner County No. 156-2012 Dee David Gay, Judge

          Brittney S. Hollis and Rob McKinney, Nashville, Tennessee, for the appellant, Randall T. Beaty.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Lawrence Ray Whitley, District Attorney General; and Thomas Boone Dean and Jayson Criddle, Assistant District Attorneys General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the Court, in which Robert W. Wedemeyer, J., joined. Thomas T. Woodall, P.J., concurred in part and dissented in part and filed a separate opinion.

          OPINION ON REMAND

          ROBERT L. HOLLOWAY, JR., JUDGE

         Background

         In June of 2010, Amber Peveler was living with her parents, Michael and Deborah Needel, and her two daughters: the victim, who was born in January 2010, and L.P., who was born on May 25, 2008. Because the victim and her sister are both minors, we will not use their names. At the time, Ms. Peveler was separated from her husband, Chad Peveler, because she came home from work one day and found a Lortab pill on the floor of their home that had fallen out of Mr. Peveler's pocket. Ms. Peveler explained that Mr. Peveler was addicted to pain pills, and she told him to leave because the two children were always on the floor, and one of them could have put the pill into her mouth.

          At the time of the separation from her husband, Ms. Peveler had worked for Walmart in Hendersonville for approximately seven years and had become the store's customer service manager. While working at Walmart, Ms. Peveler met Defendant, and they became friends in March 2010. After her separation from her husband, Ms. Peveler began spending more time with Defendant. One day in September 2010, Defendant called Ms. Peveler and asked if she would be his girlfriend, and she said, "yes." Ms. Peveler testified that Defendant was "good with the kids, and . . . took them to the park." She also cleaned Defendant's apartment, washed his clothes, and gave him "[q]uite a bit" of money.

         Ms. Peveler testified that Defendant was in drug rehab in July 2010, and she began giving him Lortab pills from a prescription that she had for back pain. Ms. Peveler said that Defendant told her that he needed the pills for his knee pain. Defendant later told her that he was addicted to Lortab and Dilaudid. In October 2010, Ms. Peveler began buying pills for Defendant from Marlon Thompson. She knew Mr. Thompson through a co-worker at Walmart. Ms. Peveler admitted that she took the victim and L.P. with her to buy pills from Mr. Thompson on multiple occasions.

         Ms. Peveler testified that while she was working, her parents or grandmother cared for the victim and L.P. She spent time with Defendant during the month of October 2010, and on one occasion, she and the children spent the night at Defendant's apartment. Ms. Peveler testified that she noticed bruises on the victim, including her neck, sometime between October 17 and 23, 2010. Ms. Peveler testified that, even though she made "good money" working at Walmart and she lived rent-free with her parents, she began having financial difficulties because she was giving so much money to Defendant. She began stealing from Walmart and eventually lost her job and was arrested for theft on Monday, October 25, 2010. Although she had no income, Ms. Peveler continued giving money to Defendant.

         Ms. Peveler testified that the victim and L.P. were with her October 26-28, 2010, and they spent time at Defendant's apartment. She said that on October 26, 2010, she and Defendant "just hung out and played with the kids." Ms. Peveler testified that she and the children spent the night at Defendant's apartment that night and they remained at the apartment for most of the following day, Wednesday, October 27, 2010. Ms. Peveler and the children later met Ms. Peveler's mother, Deborah Needel, for dinner at Pizza Hut in Rivergate. Ms. Peveler noted that on Wednesday, October 27, Defendant slipped and fell while carrying the victim to the car. Her upper lip hit Defendant's collar bone and was bleeding. She also noted that on Tuesday or Wednesday, October 26-27, the victim fell off the couch and hit the back of her head on the floor at Mrs. Needel's home. However, there were no unusual effects following those events.

         On Thursday, October 28, 2010, Ms. Peveler, the victim, and L.P. spent most of the day with Defendant. Ms. Peveler and the children later met Mrs. Needel for dinner at Captain D's in Gallatin. At dinner, the victim got sick and vomited. Ms. Peveler thought that the victim had a french fry stuck in her throat. Later that evening, Ms. Peveler and Mrs. Needel were giving the victim and L.P. a bath. Ms. Peveler noted that the victim was acting "[l]ike a baby, splashing and playing around, playing with her toys." Ms. Peveler did not notice any ill effects of the victim from having vomited earlier. However, when Mrs. Needel took the victim out of the bathtub she noticed bruising on the victim's left buttock.

         Ms. Peveler testified that on October 29, 2010, she was putting the victim and L.P. down for a nap at approximately 12:30 p.m. when Defendant called and asked her to buy more pills from Mr. Thompson. She said Defendant was going to sell the pills in order to make some money to pay her back $200 that he owed her so that she could make her car payment. Ms. Peveler called Mr. Thompson and arranged to meet him at the Walmart in Hendersonville at 5:00 p.m. Ms. Peveler testified that she and the two children fell asleep and awoke at approximately 3:30 p.m. Defendant called and asked when they were going to leave the house. He continued calling her until she arrived at his apartment with the victim and L.P. Ms. Peveler testified that she arrived at Defendant's apartment at approximately 4:30 to 4:45 p.m. and Defendant met her at the truck. He gave her $80 to purchase the pills and asked if L.P. could stay with him. When L.P. refused to stay, Defendant asked if the victim could stay with him, and Ms. Peveler agreed. Defendant then took the victim out of the truck, still in her infant carrier, and took her inside the apartment. The victim was awake at the time, and Ms. Peveler was talking to her.

         Ms. Peveler then drove to the Hendersonville Walmart to meet Mr. Thompson. He walked up to her car window, and she told him that she did not have enough money to purchase the eight pills as originally requested and that she wanted to purchase six. Ms. Peveler testified that Mr. Thompson spoke to L.P. and asked about the victim. Ms. Peveler then told Mr. Thompson that the victim was with Defendant. After the transaction, Ms. Peveler spoke with Defendant and told him that she was driving back to his apartment. When Ms. Peveler arrived at Defendant's apartment, he walked outside to get L.P. and help with the diaper bag. She walked into the apartment and saw the victim sleeping in her infant carrier at the end of the couch. Ms. Peveler asked Defendant to lay the victim down in the back bedroom while she cooked some Ramen noodles for L.P. Defendant then took the victim out of the infant carrier and placed her in the back bedroom. Ms. Peveler gave Defendant the pills that she purchased, and he placed them in a cellophane cigarette package. While Ms. Peveler fed L.P., Defendant was on the phone. He then announced that they needed to "meet a guy to buy the pills." Ms. Peveler went to the back bedroom to get the victim, and she noticed that "something wasn't right." She testified:

[The victim] was at an angle here at the end of the bed, and she was laying on her back, and I never put [the victim] on her back. She always laid on her belly.

. . .

[Defendant] had placed a pillow on the right side of her-no, her left side, but right here. And a pillow over top of her head. And he had placed a blanket on her, but it was weird how he put the blanket because the blanket was up to her chest and her hands were outside of the blanket. Instead of just leaving her fully covered, her hands were, like, by her side.

         Ms. Peveler testified that she tried to wake the victim but the victim did not respond. Ms. Peveler then opened the victim's eyelids and noticed that her pupils were extremely dilated. She picked the victim up and carried her into the hallway and told Defendant that something was wrong with the victim. Defendant looked at the victim and walked into the kitchen to get a cup of water. He sprinkled some of the water on the victim's face, but she did not move. Ms. Peveler placed the victim on the floor, and Defendant determined that she was not breathing. He performed CPR on the victim, and when Ms. Peveler suggested that they call for an ambulance, Defendant said that they would drive the victim to the hospital. Ms. Peveler then picked up the victim, and Defendant drove them and L.P. to the emergency room.

         When they arrived at the hospital, Defendant dropped Ms. Peveler and the victim off at the emergency room entrance while he and L.P. parked the truck. Ms. Peveler walked inside the emergency room and told a staff member that the victim was unresponsive. The victim was immediately taken away to a room for treatment. At some point, Defendant walked into the room and began yelling and cursing. A nurse told Defendant to calm down or he would have to leave. Ms. Peveler and Defendant then walked outside to smoke while the victim was taken for a CT scan. Ms. Peveler testified that while they were outside, Defendant suggested that they tell the following story: "It was that I [Ms. Peveler] had the girls the whole time, that I never left [the victim] with [Defendant], that we were supposed to go get pizza, and that's when I found [the victim]. I was the one that put her down for a nap." After the victim returned from having the CT scan, Ms. Peveler asked Defendant to leave because Mr. Peveler would soon be arriving at the hospital. Ms. Peveler was then advised that the victim had bleeding on the left side of her brain, and she was having seizures and that she would be taken by LifeFlight to Vanderbilt Children's Hospital.

         Ms. Peveler's mother drove Ms. Peveler and L.P. to Vanderbilt, and they were joined by Mr. Peveler and other relatives. During that time, Ms. Peveler was texting Defendant. Later that night, Mr. and Ms. Peveler were advised how serious the victim's injuries were. Throughout the evening, Ms. Peveler continued texting Defendant "[a]bout how [they] needed to stick to the story." On Saturday evening, October 30, 2010, Ms. Peveler met with detectives at the Hendersonville Police Department. She "told them the first story that [Defendant] had said that we needed to stick to." But "[t]hey knew it wasn't the truth." During a smoke break, Ms. Peveler phoned her friend, Rebecca Wyatt, and she asked Ms. Wyatt to tell police that she met Ms. Peveler at Walmart to give her some gas money. However, Ms. Wyatt was not willing to lie for her. Ms. Peveler finally told Mr. Peveler the truth about what happened, and then she told police.

         After meeting with police in Hendersonville, Ms. Peveler returned to Vanderbilt to be with the victim. She testified:

The doctors met with us and said that they were going to do their second brain test.
. . .
They brought in a person that looks at their eyes. And he said that the retinas were detached from her eyes. And that there was no eye movement. There was bleeding from behind her eyes. And then, once he left, they took her off the breathing machine and she quit breathing and then they hooked her back up.
. . .
The doctor pronounced her dead at 12:41 a.m. Sunday morning.

          After the victim was pronounced dead, her body was maintained on a breathing machine to preserve her organs for transplant.

         Colby Carroll, a nurse at Hendersonville Medical Center's Emergency Room, testified that she was working on October 29, 2010, when the victim was brought into the hospital. She said:

I remember-I remember the event because, fortunately, it's not one that you see very often. Just the emotion from it will stick with you for a very long time. It was a-it stands out pretty vividly, actually.
One of our-our triage nurses or the area that you start out in when you come into the ER, that little section there where you sit with the nurse, tell them what's going on, how long it's been going on, that kind of thing- the lady that was out front came back with a small child in her arms, brought her into room 1, said she needed help because the child was unresponsive. The mother was in tow at that point.
She came into the room and they laid her down and we began working on her at that point. The biggest thing that stands out really though is the reaction of the mother's boyfriend at the time that it all occurred.
. . .
Me and Dr. Harrison, who was the attending [physician] that night, were trying to establish some sort of intravenous access, a way to give medications to the patient that would work effectively and quickly. We were on the far side of the bed. The boyfriend of the mother came running through the door, yelling and screaming, that kind of thing, cussing, and was just very, very aggressive.
. . .
Generally, when you have upset parents, that kind of thing, you have victims of trauma that come in, and parents will come in the door, that kind of thing. They can be very, very loud. And it's just, you know, parents' protective behavior, you know. But the thing that got me with him was that he didn't-he never looked at her. He screamed and he yelled at us, cussing, that kind of thing, but her never looked at her.
When you have a parent that comes in and is scared for their child, they may be yelling, but they're looking at the child. They look at them and say, "What's going on? Why are they doing this? Why are they doing that?" That was never the case at that point.
It didn't last very long, but I will remember it. And at that point we asked him to leave. The anger was there; the concern wasn't.

         Ms. Carroll noted that the victim arrived at the hospital at approximately 5:50 p.m. on October 29, 2010. Her notes contained the following history concerning the victim:

According to this, the mother stated that the patient had two emesis, which is a case of vomiting. She had two cases of vomiting yesterday. Drank a bottle, however, the night before and then that morning without any difficulty. And then stated that the patient was taking a nap. The mother placed the patient in a car seat and then went back to the patient and was not responsive and they brought them into the hospital.

         Ms. Carroll testified that the victim was "posturing" when she arrived at the emergency room. She explained that "posturing" is similar to a seizure and is an indication of either "head injury or seizure or both. One could be caused by the other." Ms. Carroll noted that there was bruising on the victim's neck and buttocks. A physical assessment reveled that the victim was not responsive to any sort of stimulus. The reason for the victim's non-responsiveness was head trauma.

         Ms. Carroll testified that the victim stopped breathing on her own at 6:05 p.m., and "at that point, respiratory was bagging her not for support but for life sustaining measures." She noted that various measures were taken to sustain the victim's life such as the placement of an intraosseous line to inject fluids directly into the victim's bone marrow, the use of atrophine to raise her heart rate, and intubation to assist with her breathing. The victim received a CT scan and, once stabilized, was transported by LifeFlight to Vanderbilt Children's Hospital at 7:10 p.m.

          Dr. Duane Harrison, an emergency room doctor at Hendersonville Medical Center, was qualified as an expert in emergency medicine. He testified that while the victim was in the emergency room "either a family member or someone that came in, was somewhat belligerent, and I rather sternly asked him to remove or be removed." Dr. Harrison further noted that the person "was making demands, he was using profanity, and it wasn't something that we needed at the time, and it was distracting to what I was trying to get my team to do."

         Dr. Harrison went through the examination process of the victim in detail. He noted that there was "bruising on her neck, on her glute or butt cheek and in the inguinal area right below her stomach as well on the left." Dr. Harrison testified:

And that is put there because it is inconsistent with what I hear, but not just because it's inconsistent. It's when I ask if the child has fallen, has there been any injury, and I hear no, and then I see the bruising. I'm putting it there to reflect why. And it's also so I can go back and make sure I check that something else hasn't happened.

         He did not notice any blunt trauma to the victim's head.

Concerning the results of the victim's CT scan, Dr. Harrison testified:
Well, what it says is there's a large frontel parietal and temporal, temple, area subdural hematoma. That just means that underneath one of the coverings of the brain-and there are three-there has been some bleeding. And the bleeding itself is problematic, but not as-it's problematic-it's problematic in the fact that it indicates something has happened, but what is more problematic is what it does to the brain. Because it accumulates, it has to make way for the space it needs so it accumulates. And as it accumulates, it begins to push-it begins to push the brain out of the way.
And that's what we're seeing when they say there's a mass effect, meaning we stick a mass down in there that shouldn't be there-blood, and we make way for it by pushing the brain to the other side. And pushing the brain causes some of the things that we worry about. It causes the loss of consciousness, it causes depression of the breathing, it causes the abnormal posturing that we see in her extremities.
And so we now have a reason for why we might see some of the things that we see there. There's something that has happened that has caused the bleeding to occur and that's why the scan is there, and that's what it showed us shortly after we obtained it.

         Dr. Harrison testified that the victim's skull was not fractured which he did not find unusual. He explained that the bone structure of a nine-month-old baby is different than that of an adult:

Well, the bones are softer, but they're also not fused, for lack of a better word, so that there is play to allow the head to grow. There are growth plates and suture lines, and it is not uncommon to see intracranial problems without trauma, some because of the softness of the bone and the ability for it to move in and out, but the other is that there is a significant number of cases that we see that we see this in what we call shaken baby syndrome. In fact, it's one of the hallmarks in shaken baby syndrome where the rotation itself causes tearing and the bleeding occurs from that instance.
So while we frequently see patients without obvious head trauma, we also see those same patients with intracranial problems like bleeding and bruising that occur simply from the mechanism of trauma, and the mechanism of trauma can be rotational and shaken baby syndrome is probably the one at the top of the list.

         Sergeant John Coarsey of the Hendersonville Police Department testified that during the early morning hours of October 30, 2010, he was asked to conduct an interview with Defendant. At approximately 4:00 a.m., Sergeant Coarsey and a patrol officer approached Defendant's apartment and knocked on the door. Defendant answered the door and was "very cordial" inviting the officers inside. The apartment was in disarray, and there was a woman that Defendant identified as his "girlfriend" asleep in the back bedroom. Sergeant Coarsey identified a recording of the interview he conducted with Defendant which was played for the jury. Defendant also wrote out a statement which had been misplaced and was not available for trial. Sergeant Coarsey testified that Defendant was cooperative and cordial during their interaction with him.

          Detective Tim Bailey of the Sumner County Sheriff's Office testified that on the morning of October 30, 2010, he was asked to help investigate the present case. He interviewed Ms. Peveler's parents and the victim's grandparents, Mike and Deborah Needel. He also photographed Ms. Peveler's bedroom and the couch from which Ms. Peveler said that the victim fell the previous Wednesday. Mrs. Needel stated that she witnessed the victim's fall from the couch.

         Detective Bailey testified that he photographed the victim's car seat or infant carrier and collected it as evidence. He also obtained consent to search Ms. Peveler's cell phone. The phone was taken back to the Sheriff's Office, and they "basically made a mirror copy of it with some software that the sheriff's department has." The phone contained certain text messages from Defendant to Ms. Peveler which Detective Bailey read into the record. Detective Bailey testified that according to medical records, the victim arrived at the emergency room at 5:50 p.m. on October 29, 2010. At 7:24 p.m. that same night, Defendant sent the following text message to Ms. Peveler: "I've been praying so much, baby. It's a shame that it took this to happen to make me propose to you. I hope you tell Chad [Mr. Peveler] that I'm your fiancé. I love you, baby." Defendant sent the following additional text message at 7:41 p.m. on October 29, 2010, while Ms. Peveler was at the hospital: "Baby, how's she doing? Pls . . . answer me, sweetheart [??!!!]" Defendant sent the following messages to Ms. Peveler on October 30, 2010:

6:38 p.m. - "Hey, babe, you still busy? I hope you're still coming over."
6:43 p.m. - "Can you call me p-l-s?"
6:47 p.m. - "Why are you acting like this? Just because you are with Chad?"
8:34 p.m. - "You going [to] call me back, babe?"
8:34 p.m. - "I miss you[.]"

         Detective Bailey testified that he interviewed Defendant at 4:00 a.m. on October 30, 2010, and he later obtained Defendant's cell phone records. He noted that Ms. Peveler was interviewed at 5:50 p.m. on October 30, 2010. Ms. Peveler told Detective Bailey that she was at the hospital when she received Defendant's first text message on October 29, 2010. She also communicated with Defendant during breaks while she was being interviewed by police on October 30, 2010. Detective Bailey thought Ms. Peveler's interview process took four to six hours.

         Detective Bailey testified that Ms. Peveler's cell phone records, based on cell phone tower information, corroborated her story that on October 29, 2010, she drove to the area of Defendant's house, then left Defendant's house and drove to the area of Walmart, and went back to the area of Defendant's apartment and then to the area of Hendersonville Hospital. Detective Bailey testified in detail concerning calls made from Ms. Peveler's cell phone on October 29 and which cell phone tower or sector the calls were made from.

         On November 1, 2010, Detective Bailey and Detective Bachman drove to Defendant's apartment. They spoke to Defendant and asked him to accompany them to the Hendersonville Police Department to give a detailed interview, and Defendant agreed to do so. Detective Bailey testified that Defendant's initial statement was identical to what Ms. Peveler first told them. During the interview, Defendant changed some of his story. Detective Bailey noted that, when Defendant was left alone at one point during the interview, he read one of the investigator's notes.

         Dr. Amy Fleming, a pediatrician employed with Vanderbilt University, is an expert in pediatrics and child abuse. On October 30, 2010, she was the physician on call for the Child Abuse Response and Evaluation Team (CARE) and was asked to come to the intensive care unit at Vanderbilt to evaluate the victim. Dr. Fleming had reviewed all of the records relating to the victim, and she was familiar with the course of treatment that was provided to her by Vanderbilt.

         Dr. Fleming testified that, when the victim arrived at Vanderbilt Children's Hospital, she was in cardiac and respiratory failure. Dr. Fleming said:

[The victim] was then immediately taken up to the intensive care unit at Vanderbilt. And there they continued to try and support her by breathing for her with a ventilator, by giving her fluids, by giving her medicine to try to decrease the pressure in her brain because they knew that she was having swelling in her brain. And they actually put in a monitor into her brain to try and measure how high that pressure was. The neurosurgeons and the pediatric surgeons evaluated her.

         Dr. Fleming testified that the neurosurgeons reviewed all of the scans which revealed that the victim had subdural hematoma, or a blood clot, on the outside of her brain as a result of trauma. They also determined that there were no surgical options to remove the clot. Dr. Fleming noted that the victim's brain was extremely swollen. At that point, Dr. Fleming evaluated the victim, who was intubated. The victim already had one examination for "brain death" that day, and she had been declared "brain dead at that point." The victim also had a "cerebral profusion study" to look at the "blood flow to the vortex of the brain, and that was positive for brain death as well." Dr. Fleming testified that the victim had a second examination for brain death the following morning and the victim was again declared brain dead. Her organs were later harvested for donation on November 1, 2010. It was Dr. Fleming's opinion that the victim suffered "abusive head trauma." She specifically testified that a fall from a couch would not have caused the head injury. Dr. Fleming testified that the "most likely mechanism for all of these things is some combination of shaking and impact of her head against a hard surface."

         Dr. Fleming testified that she spoke with the victim's parents, Chad and Amber Peveler, as part of her evaluation. She said that Ms. Peveler gave the following statement:

And [Ms. Peveler] stated that [the victim] had been acting completely normally [sic] on the morning of the trauma and that she had been playing with her older sister.
At some point they went over to [Defendant's] home, who is a friend of [Ms. Peveler], [the victim's] mom. And Mom said that she was trying to put her to sleep and she was laying-she had [the victim] laying on her chest and was trying to put her to sleep, and she went to put her down in the back bedroom.
And then about 20 minutes later, she went back to get her, and [the victim] wouldn't wake up at this point. She said she was limp and not responding to her. And so her friend, [Defendant], had tried to get a pulse and couldn't find it and tried to do CPR and that didn't work and tried to splash water on her face and that didn't work.
So they got into their truck and drove to the emergency room right away at that point.

         Dr. Fleming noted that the victim had bruising on her face, buttocks, and around her vaginal area. "She had bruising on her chest and on her inner thigh and a bruise on her knee."

          Concerning the findings from the victim's ophthalmologic exams, Dr. Fleming testified:

One of the concerning findings from her ophthalmologic exams, or her eye exam, was obtained by looking through the pupil at the inside of the eyeball. So the eyeball is actually a globe and it has fluid inside it and you can see all the way through using special lenses to the back, which is called the retina. And she had retinal hemorrhages, which are seen on both sides. These are related to her abusive head trauma.
We also had something called retinoschisis, which means that actually part of the retina was torn off the back of the inside of the eye, and that is almost never seen in anything other than abusive head trauma.

         When asked about the time frame of the victim's injuries, Dr. Fleming further testified:

It's very difficult to give a specific time, but the child would not have been acting normally after this happened. So the fact that mother told me that she was acting normally the morning of [sic] means to me that this happened after that point in time.
There can be a wide range of symptoms that happen after this from fussiness to going directly into coma, but she's not going to have progression like this that's so rapid when she comes to the hospital without it having been progressing before.
I would expect that this happened within the day, probably within 12 to 18 hours at the most prior to the time that she showed up in the hospital.

         Dr. Fleming testified that the victim's injury was a "violent inflicted injury" most likely related to shaking. She said:

The shaking causes the brain to move back and forth and rips tiny little veins that sit between the brain and move out from the brain. That's how you get the subdural hemorrhage.
The shaking causes the shearing forces, so rubbing the two things next to each other, which caused the retinal hemorrhages in the eyes, and then the fact that she has this swelling on the outside of her skull on more than one side. Actually, based on the medical examiner's evaluation, she had more than one impact to her head against a hard surface.

         Dr. Fleming testified that she had seen injuries similar to the victim's from a horrific car accident or a fall from a second or third story building.

         Dr. Bridget Eutenier, an associate medical examiner at Forensic Medical, the Office of the Medical Examiner in Nashville, performed an autopsy on the victim. She determined that the cause of death was blunt force injuries to the victim's head, and the manner of death was homicide. Dr. Eutenier also defined the circumstances of death as "[a]ssaulted by other(s)." She noted that the victim was declared legally dead at 12:41 a.m. on October 31, 2010. The victim's bodily functions were continued until after 4:00 a.m. on November 1, 2010, at which time the baby's organs were harvested for donation.

Dr. Eutenier described her external observations of the victim's head as follows:
There were two faint blue contusions on the posterior aspect of the left side of the head and they measured one-half and five-eighth's inch.
There was a one and one quarter by one inch slight blue contusion on the right side of the head. There was a faint three-quarter inch area of brown discoloration on the left side of the jaw. And a one-and-one half inch faint brown area of discoloration on the right side of the jaw.

         Dr. Eutenier further testified that the contusions on the victim were indicative of "some force applied, some impact, of this child's head." A third contusion was discovered on the posterior of the victim's head.

         Dr. Eutenier found a seven-centimeter hemorrhage on the inside of the victim's scalp on the right posterior side of her head. There was a second seven-centimeter hemorrhage in the middle of the victim's head and a third hemorrhage measuring ten-and-a-half centimeters by nine centimeters closer to the front left side of her head. In addition to the damage to the victim's brain, Dr. Eutenier found a "diffuse subdural hemorrhage of the spinal cord." She also found "bilateral optic nerve sheath hemorrhages, retinal hemorrhages of the left eye, and possible retinal hemorrhages of the right eye[.]" There were also blunt force injuries to the victim's torso. Dr. Eutenier testified: "The bruises that she had on her torso did not cause her death, but they are an indication of trauma occurring." Concerning bruising to the victim's neck, Dr. Eutenier testified:

Well, by the time I did the autopsy, it was just an area of discoloration so I could not definitively conclude based on the autopsy that it was a bruise. But after reviewing medical records and photographs from the hospital, there were bruises on the jaw, and they may or may not have occurred at the ...

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