Attorneys file to dismiss toddler death case

Attorneys for Joshua Blow, who faces a second-degree murder charge, have filed a motion to dismiss the case completely.

The motion, filed last Friday, follows a decision and order issued by Judge Michael Kupersmith which called the weight of probable cause for the murder charge in the wake of new evidence "literally paper thin," according to the document.

Chittenden County State's Attorney T.J. Donovan said the state will oppose the motion to dismiss the case.

"We're confident in the case and we plan on litigating this matter," Donovan told the Burlington Free Press on Tuesday.

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Judge: Case vs. baby death suspect 'paper thin'

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Blow, 26, of Shelburne was charged with murder following two-year-old Aiden Haskin's death on July 22. Blow was the boyfriend of Aiden's mother, and he was one of at least four caretakers for the toddler, according to court papers.

In late August, medical examiner Steven Shapiro found that fatal injuries on Aiden may predate the toddler's death by "days to weeks" according to court papers. However, Shapiro told police that the toddler's cause of death — blunt force trauma to the head and neck — and the manner of death of homicide were still accurate.

Following the new evidence, prosecutors asked the court to reexamine their finding of probable cause, or reasonable grounds, for charging Blow with Aiden's murder.

The two-page motion filed by defense attorney Sally Adams argued that the evidence, even when taken in a light most favorable to the state "is not sufficient to prove beyond a reasonable doubt that Defendant unlawfully killed another human being." Adams has said that the new evidence does not rule anyone out as a potential suspect in the case.

Kupersmith's decision, filed earlier in the day last Friday, went on to state that, "based on the information now before the Court, it is doubtful that the State could survive a motion to dismiss."

Blow is being held at the Northwest State Correctional Facility for lack of $25,000 bail. If convicted, he faces a prison sentence of 20 years to life.

No hearing has yet been scheduled on the new motion.

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