Update

Dear Family, Friends and Supporters,

The delay in the update this time is mainly due to my frustration. In the last update, I reported that the defense were to have their depositions completed by the August court date. It is no surprise that this did not happen. 

Given the complicated story, I think it would be most clear to report on each “witness” individually. I will start with the coroner. His deposition was completed by the August court date. It went as we expected. He reported that he followed normal procedure; arriving at the scene, he pronounced Amanda dead. This was her legal time of death. Jazmine had been transported, so he was not able to evaluate her condition. It was his understanding that Jazmine had presented “triple zero” at the scene and throughout her trip to the hospital. Upon arrival in the emergency room she was evaluated and, after further efforts to resuscitate her, she was pronounced dead by the emergency room doctor. This was her legal time of death. He shared that the legal time of death vary rarely reflects the true time that death occurs.  He went on to say that it is not uncommon for first responders to take heroic measures, especially when an infant is involved. During the course of his deposition he revealed that there were three x-rays that had been taken of Jazmine. This was new information for us. We were aware of only one of her chest.

This brings us to the next deposition; that of the radiologist from the hospital who read this single x-ray. In his deposition, he stated that according to his report from that night the one x-ray he viewed showed no abnormalities. At that time, the other two views may not yet have been taken.  The radiologist refused to comment on the two x-rays he had not seen previously, given that they were copies and he was not in a clinical setting with a proper light board on which to read the x-rays. 

We consulted with a well-respected neurosurgeon who reviewed the x-ray of Jazmine’s head and neck.  He confirmed the x-ray revealed that her neck was broken and actually separated in the area of the brain stem. This injury results in instant death. 

We shared this information with the defense in court on October 5, 2011, and requested twice that they consult their own expert. We are confident that any knowledgeable expert will come to the same conclusion. This would leave no question as to the physical time of Jazmine’s death. So far they have continued to insist on taking a deposition from the emergency room doctor who pronounced Jazmine dead. This has yet to happen. Although this was to be completed by the August court date, we are still waiting for it to be scheduled. Due to a medical emergency with this doctor, then his recovery and now his involvement in another trial, it seems like this deposition will never take place. It is our opinion that any information he provides will simply confirm his written report; Jazmine arrived at the ER with no pulse while being artificially resuscitated manually, she was unresponsive and following his attempts to resuscitate, he pronounced her dead according to protocol. No surprises expected here.

On our next court date, December 7, 2011, the judge became impatient with the slow pace of discovery.  She ordered that the defense take the ER doctor’s deposition by January 31, 2012; she also ordered that we disclose the experts we intend to call at trial by January 6, 2012 and that the defense take those depositions by March 9, 2012.  We will be in court again on March 14, 2012.

Thank you for your continued love, care and support.

Love, Molly, Farrell, Stephen and all those who love our girls and seek justice for them.