Special Prosecutor State of Illinois State's Attorneys Appellate Prosecutor
On the day seven-week-old Baby Owyn arrived at the emergency room, Owyn’s mother, Ashley Wethington, and boyfriend, Kamryn Kerr, provided vague explanations for Owyn's obvious distress. Initial examination showed bruising and rib fractures. Further treatment revealed a skull fracture, new and healing rib fractures, a lacerated liver, a healed leg fracture, and extensive bruising. This case study discusses the collaborative investigation by the MDT to create a timeline of Baby Owyn’s life using medical records, witness statements, DCFS records, jail informants, phone records, and the police interrogations of Wethington and Kerr. The second part of the presentation will examine charging decisions for both Wethington and Kerr, legal concepts of accountability and duty of care, pre-trial motions, and evidentiary issues. Defendant Kerr exercised his right to a speedy trial and jury selection began just 4 months after Owyn arrived at the ER. Trial strategy, multimedia exhibit presentation and jury considerations will provide insight and ideas for prosecutors presenting cases of complex medical evidence, non-verbal victims, and potentially sympathetic defendants while under the pressure of a fast-tracked trial.
Learning Objectives:
Understand the role of parents and caretakers in the protection of children and how this role impacts criminal accountability
Develop new techniques and methods for effectively presenting complex medical evidence to a jury
Expand the understanding of collaboration of MDT members when it comes to the collection of medical, physical, digital, and document based evidence
