Was there probable cause in case alleging baby abuse?
Published 9:19 am Wednesday, September 28, 2011
The lawyer of the 28-year-old Geneva man charged with physically abusing his 3-month-old child, leading to severe brain injuries, is requesting a Freeborn County District Court judge review his client’s file for probable cause.
Kevin DeVore, lawyer for Cory Craig Bailey, made the request Tuesday during a hearing before Freeborn County District Court Judge Ross Leuning.
Leuning said he will review the case, including the police reports, and issue an order about it during the next few days.
DeVore said he has at least one expert witness scheduled to testify for the defense during the jury trial, which will most likely be in late winter or early spring.
Bailey faces six counts: one count of first-degree assault, one count of child endangerment, three counts of malicious punishment of a child and one count of child neglect.
According to court documents, he is accused of abusive head trauma to his son that was so serious that the baby’s development and functioning level will likely remain that of an infant for the rest of his life.
Bailey is also accused of depriving the baby, now almost 1 year old, of necessary health care after the alleged incident.
The incident was reported to authorities by a social worker at St. Marys Hospital in Rochester, after the baby was brought into the emergency room at the request of the baby’s mother on Jan. 11.
During an interview with police, Bailey reportedly stated the baby’s head hit a door frame while he was carrying the child and walking through a door, but medical professionals have stated the injuries were too serious to have been caused in this manner. Court documents state the baby’s injuries are consistent with “non-accidental trauma.”
Freeborn County Attorney Craig Nelson said he has a list of 15 medical experts that could be potential witnesses on behalf of the prosecution.