The trial of a day care worker accused of shaking a baby to death concluded this week with the jury struggling to reach a verdict. The case tested a controversial theory about certain child deaths, pitting conventional wisdom against a more nuanced alternative explanation.
Cammie Kelly, 68, of Springfield, was charged with aggravated battery and firstdegree murder after 11-month-old Kaiden Gullidge of Rochester went unconscious at her home day care in 2011 and later died.
Kelly’s trial began Dec. 8 and concluded Dec. 15. Sangamon County State’s Attorney John Milhiser dismissed the aggravated battery charge before closing arguments, and the jury deliberated for more than eight hours, returning on Dec. 16 to try again. A verdict had not been reached by publication time.
The case revolves around the controversial theory of “shaken baby syndrome,” which is often used to explain child deaths with no other apparent cause. Although shaken baby syndrome is taught in some medical schools and is taken as gospel by many doctors, the theory has come under increased scrutiny, and there is no medical consensus on the underlying science. As a result, criminal trials like Kelly’s have repeatedly raised unanswered questions about the theory, with inconsistent outcomes.
The case stems from Jan. 18, 2011, when Kaiden Gullidge collapsed unconscious at Cammie Kelly’s day care. There were no outward signs of abuse noted by paramedics, multiple doctors at St. John’s Hospital in Springfield or multiple doctors at OSF Saint Francis Medical Center in Peoria. The only indications of possible trauma noted at the time were Kaiden’s unresponsive state and scans of his brain showing abnormal conditions. It wasn’t until Kaiden’s autopsy that bruises were first noted, after the investigation had already turned toward allegations of abuse.
Kelly’s trial featured testimony from 12 doctors offering highly technical and sometimes conflicting testimony. At issue was whether the brain swelling, brain bleeding and retinal bleeding observed in Kaiden’s brain scans resulted from a clotted blood vessel or from shaking. Kaiden had a history of medical issues that the defense said points to a stroke, but the prosecution argued that Kaiden’s medical issues were inconsequential. The prosecution showed grisly photos from Kaiden’s autopsy, attempting to establish that his bruises and his other symptoms were evidence of abuse.
Some doctors, testifying for the prosecution, said they are certain Kaiden was abused. Dr. Scott Denton, who performed the autopsy, said he could only tell there was blunt force trauma. Still others, testifying for the defense, said Kaiden’s brain showed signs of previous clotting, which would point to a renewed clot and a resulting stroke as his cause of death.
Kaiden’s head circumference played a major part in the trial, with the defense claiming it was an unnoticed signal that a problem was developing. Head circumference is used in pediatrics as a development indicator, and measurements outside the normal range can point to medical issues.
John Rogers, Kelly’s defense attorney, asked witnesses to chart Kaiden’s head circumference measurements over time, showing that the child’s head grew rapidly over several visits. On the morning before Kaiden collapsed, his head circumference – measured by a nutritionist during a wellness visit – was nearly outside the normal range for his age. One of Rogers’ medical experts, Dr. Shaku Teas of River Forest, Illinois, testified that if Kaiden’s age was adjusted to account for his premature birth, his head circumference would have been well outside the normal range.
The prosecution argued that Kaiden’s “big head” wasn’t important.
Additionally, testimony in the trial came from two other medical professionals who aren’t doctors, three police officers and six other witnesses, for a total of 23 witnesses over six days. The non-medical testimony mainly touched on how Kelly reacted when Kaiden collapsed, her demeanor prior to the collapse and whether her statements to police constituted an admission of guilt.
Six hours into deliberations, the jury sent word to Sangamon County Presiding Judge John Belz that they were split and couldn’t reach a verdict. Belz told them to keep deliberating. By 8:40 p.m., more than eight hours into deliberations, Belz sent the jurors home for the night. The next day, on Dec. 16, the jury continued to wrestle with the case.
Perhaps part of the jury’s difficulty reaching a verdict resulted from Illinois law, which allows a jury to choose between a first-degree murder charge and the lesser charge of involuntary manslaughter. While first-degree murder requires intent to kill or cause great bodily harm, involuntary manslaughter only requires a reckless action that results in death.
Rogers asked Belz to eliminate the involuntary manslaughter option, which would have required the jury to decide only whether Kelly intentionally hurt Kaiden. Belz allowed the lesser charge, meaning the jury must decide not only whether Kelly is guilty or innocent, but also whether her actions were intentional or merely reckless.
For more details on this case, visit www.illinoistimes.com.
