Probable cause questioned in toddler death

New evidence uncovered in the death of a Shelburne toddler has brought into question the weight of the probable cause used in charging Joshua Blow with second-degree murder.

Evidence filed in the case last week include statements from the state's Chief Medical Examiner Steven Shapiro, who said that Aiden Haskins' fatal injuries may not have all happened during one event, and that some of his injuries possibly occurred "days to weeks" prior to the toddler's death, according to court papers.

State prosecutors and Blow's attorneys weighed the new evidence in Vermont Superior Court in Burlington on Tuesday before Judge Michael Kupersmith. The state asked for the court to review probable cause based on the new evidence.

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Blow, 26, of Shelburne has been charged with the second-degree murder of Aiden, his girlfriend's child, following the toddler's death on July 22. He has been held without bail at the Northwest State Correctional Facility in St. Albans Town since his arrest.

In order to bring the charge against Blow, the state had to provide the court with probable cause, or evidence showing reasonable grounds, that Blow could have committed the crime.

"I've never quite seen anything like this before," Kupersmith said of the state's motion.

Public defender Sally Adams said new evidence did not support probable cause for the second-degree murder charge. Adams said that Blow was one of a few people caring for Aiden, and the court papers did not show how Blow was more culpable than the others involved.

"It's our position that at this point, probable cause no longer exists for the charge of second-degree murder," Adams said, citing Shapiro's report that the injures may predate his death at least by five to 15 days. "There is nothing in any of the supplemental affidavits that have been filed indicating that Mr. Blow was alone with Aiden in that period of time when he could have caused these injuries"

Adams also added that the new evidence "doesn't rule anyone out as a potential suspect in this case."

Deputy Chittenden County State's Attorney said the evidence still represents cause to continue to levy the charge against Blow. The state withdrew its motion to hold Blow without bail, instead asking that $100,000 bail be imposed.

"We decided to ask the court, just in an abundance of caution, to review the affidavit for probable cause," Hardin told Kupersmith.

New court papers show that Aiden began to display swelling and bruising on his face, noted during doctor visits from February to July, Hardin said. According to court papers, Blow began his relationship with Aiden's mother in February. The original court papers also show that Blow acknowledged some involvement in Aiden's death, especially after being alone with the toddler the morning of his death, she added.

"He gave five different stories," Hardin said. "Whatever story he gave, he acknowledged having involvement."

Kupersmith asked the state to file a memo by Friday to show how the new evidence still contains cause for the charge. The defense will have until next Tuesday to file a response to the memo. The court will continue to hold Blow without bail in the meantime.

"I don't want to have to piece together a case for the state," Kupersmith said to Hardin. "That's your job."

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