Case to proceed against suspect in child's killing

A Burlington judge has ruled that the state may continue pursuing a murder case against suspect Joshua Blow, who is accused of killing 2-year-old Aiden Haskins.

The decision by Judge James Crucitti denied a defense request to dismiss the case for lack of evidence.

In his six-page ruling, Crucitti wrote that the evidence, when viewed in the light most favorable to the state, shows that Blow, 27, of Shelburne injured Aiden on the morning of the child's death, July 22, while the two were alone. Aiden is the child of Blow's now-former girlfriend.

"Although the state has not established the specific actions of the defendant when causing Aiden's injuries, given the amount of force that was necessary to cause Aiden's injuries and death, the state has established that the defendant acted in a manner exhibiting a wanton disregard of the likelihood that his behavior may naturally cause death or great bodily harm," Crucitti wrote.

Blow pleaded not guilty in July to second-degree murder. He faces 20 years to life in prison if convicted.

A two-day hearing on the dismissal effort had been held in October.

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Attorneys for Blow declined comment Wednesday afternoon.

Chittenden County State's Attorney T.J. Donovan said his office was pleased with the judge's decision.

"We look forward to proceeding with the case," Donovan said.

The decision, filed earlier this week in Vermont Superior Court, comes after the judge previously assigned to the case, Michael Kupersmith, said probable cause was "paper thin," and the case might not survive a motion to dismiss.

In his decision, Crucitti noted an argument the state made: that Blow told multiple stories prior to his arrest about how Aiden was injured. And that, the state has said, shows Blow is culpable. With each story, Blow said he was responsible for the injuries, Crucitti wrote.

The judge also took into consideration testimony from two doctors, including Barry Heath, the medical director of pediatric intensive care and inpatient pediatrics at the University of Vermont Medical Center. Heath reviewed court filings and Aiden's medical records.

Heath had told the court that Aiden's injuries had not resulted from a short fall or a fall from 4-5 feet onto a hard surface.

"Rather, the injuries are consistent with falling 30 feet to the ground or being involved in a high speed motor vehicle accident," Crucitti wrote, quoting Heath.

Heath had told the court that Aiden also appeared to have suffered a mortal blow in order to have been rendered immediately unconscious and not breathing. Aiden must have suffered a catastrophic event the morning of his death, Heath testified.

Vermont Chief Medical Examiner Steven Shapiro determined through an autopsy that Aiden's cause of death was blunt force trauma to the head and neck, and the manner of death was homicide.

Shapiro said Aiden's head and back injuries were some of the toddler's oldest — possibly occurring "days to weeks" prior to death. However, Shapiro also said that new injuries could have been received on top of those "healing injuries," but the doctor could make no solid conclusions.

Shapiro said during the October hearing that Aiden had several injuries on his upper neck and shoulder blades that were sustained hours before his death.

Prosecutors have renewed their effort to have Blow jailed without bail pending trial. Blow was released on bail in late September and has been living with a cousin in Burlington. A decision has yet to be made on the motion to return Blow to custody.

His next court appearance is scheduled for January.

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