NEWS

Hearing in toddler's death ends suddenly

Elizabeth Murray
Free Press Staff Writer

A hearing into whether to dismiss charges against a Shelburne man accused of murder in a toddler's death ended Tuesday morning after 20 minutes in court, a swift an unexpected end to the proceeding's second day.

The judge will rule later on the request from lawyers for Joshua Blow.

Prosecutors had prepared two final witnesses to testify in a daylong proceeding in Vermont Superior Court as to why Blow, 27, of Shelburne should continue to face charges in the death of 2-year-old Aiden Haskins. The witnesses never testified, however, and lawyers for the prosecution and defense gave final arguments before Judge James Crucitti took the matter under consideration.

The reason for the hearing's sudden end was not immediately clear. Deputy Chittenden County State's Attorney Susan Hardin did not respond to messages requesting comment.

Blow pleaded not guilty to second-degree murder several days after the child's death in July. The toddler was found unresponsive July 22 while under Blow's care.

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Blow was one of at least four caretakers for Aiden.

In arguments Tuesday, public defender Sally Adams said the four state witnesses the prosecution presented Monday were insufficient to prove beyond a reasonable doubt Blow was culpable in the child's death. Adams dismissed the testimony of Dr. Barry Heath, who had said there must have been a mortal blow to Aiden the morning of his death.

Heath is the medical director of pediatric intensive care and inpatient pediatrics at Fletcher Allen Health Care. He consulted medical literature, probable cause affidavits, medical records and CT scans of Aiden to form his opinion.

"(Heath) has never completed an autopsy in his entire career, he did not examine any physical evidence on Aiden or Aiden's injuries, and his opinion is based solely on what the literature tells him is supposed to happen," Adams said.

Blow's attorneys had sought the dismissal after Judge Michael Kupersmith ruled this fall that probable cause in the case was "paper thin." Chief Medical Examiner Dr. Steven Shapiro testified Monday that the fatal injuries to the child's head appeared to be healing at the time of Aiden's death, and he determined the injuries were "days to weeks" old.

Shapiro said he could not rule out the possibility of a new injury the morning of Aiden's death, but he also could draw no conclusion that an injury had occurred that morning.

Hardin also argued that Blow's telling five stories to police, each of which involved his accidentally harming Aiden, show he is to blame for the child's death.

Blow's attorneys presented no witnesses during the hearing. Crucitti gave the state and the defense two weeks to file written arguments before he makes his decision.

Judge Kupersmith had said that the state may not be able to survive a motion to dismiss the case. Crucitti has replaced Kupersmith on the case as part of a normal judicial rotation.

If convicted, Blow faces 20 years to life in prison.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.