Crucial testing wasn’t performed by Calgary doctors that could have helped determine the extent of an alleged previous skull injury to a young Red Deer boy, an American medical expert said Thursday.
Dr. Janice Ophoven, a pediatric forensic pathologist from Minnesota, testified in Red Deer Court of Queen’s Bench that “key” testing and examination of brain tissue and bone from 18-month-old Garth Leippi’s skull could have helped reveal the extent of the alleged previous fall, which occurred two to four weeks earlier.
Leippi died on Oct. 13, 2008, in a Calgary hospital after he was removed from life support following a severe brain injury suffered the previous day in his Red Deer home.
Evan Caswell Gilmer, 33, of Red Deer, is charged with second-degree murder of the boy.
Gilmer testified Wednesday that the child fell over backwards in the apartment, striking the back of his head, about a month before his death.
Ophoven, who has been qualified as an expert all over the United States, Australia and other Canadian courts, told defence lawyer Lorne Goddard that the fractures can’t determine the time of the impact.
However, dissecting tissue and bone could reveal the healing process and extent of a previous fracture, court heard.
Ophoven said she has examined testing data on numerous children who had fractured skulls. She said the children suffer altered behaviour and may not display visible trauma signs except for irritability, vomiting, irregular sleep and tender heads.
Gilmer testified Garth had a tender head when he attempted to wash his hair at times and was fussy, and hadn’t been sleeping well until the time of his death.
The accused testified he went to the boy’s bed about 4 a.m, in response to his crying. He discovered Garth had thrown up and was shaking. He then picked him and took him into the living room while the boy’s mother slept.
He also testified he attempted to pick up the unconscious boy who wasn’t breathing but fell on him with his hand stretched out to stop his own fall.
However, his hand struck the boy’s forehead and Gilmer said he heard the sound of the head “squishing like an apple.”
Ophoven said the boy’s brain could have been swelling between 48-72 hours prior to him being rushed to hospital.
She said the death was a combination of brain swelling, blood clotting and pressure.
“This is a process that occurred over time.”
She said the history suggests the child had a “significant injury prior” to his admittance to hospital.
“No matter how complicated the fracture was, you can’t make a determination if it was abuse or accidental,” she said.
She told Crown prosecutor Jason Snider that descriptions by Calgary medical experts indicating the skull fracture was akin to a child being run over by a vehicle, falling from a great height or being thrown violently around in a car crash are out of date.
“There’s no scientific research.
“That kind of language is not used any more,” Ophoven said.
The trial before Justice Monica Bast lost a woman juror when she had to take a break in the morning. Following discussion with the lawyers in the jury’s absence, Bast discharged the juror.
Information heard in the jury’s absence can’t be published.
Jury trials can continue unless the jury number falls below 10.
The lawyers are expected to give their closing arguments today.
Bast is then expected to charge them with points of the law on Monday before they deliberate.
jwilson@www.reddeeradvocate.com
— copyright Red Deer Advocate