Special Prosecutor Illinois State's Attorneys Appellate Prosecutor
On September 8, 2014, 7 week old Baby Owyn arrived at the Emergency Room. Owyn’s mother, Ashley Wethington, and her boyfriend, Kamryn Kerr, provided vague explanations for Owyn's obvious distress. Examination showed bruising on the chest and both acute and healing rib fractures. Further examinations revealed a skull fracture, additional rib fractures, a lacerated liver, a healed leg fracture, and bruising to the chest, back and head. Part 1 of this case study presents the extensive work done by the MDT to create a timeline of Owyn’s life using medical records, police reports, witness statements, DCFS hotline documentation, jail informants, phone records, and the police interrogations. The investigation resulted in charges for both Wethington and Kerr. Part 2 examines charging decisions, discussing legal concepts, pre-trial motions, and evidentiary issues. Defendant Kerr requested a speedy trial and jury selection began 4 months after Owyn arrived at the Emergency Room. Trial strategy, multimedia exhibit presentation and jury considerations will provide insight and ideas on cases of complex medical evidence, non-verbal victims, and 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.
