Murder trial: Officers testify in death of 2-year old - York Dispatch
"Darisabel Baez's 2-year-old body was damp, naked and covered in black and blue and red bruises.
Her forehead was swollen and cut. Her fingernails were gone. Her eyes were blackened and closed. And first responders tasted blood in her mouth as they attempted to resuscitate her.
Those are descriptions prosecution witnesses offered Monday as the trial of Harve L. Johnson got under way.
Johnson, 28, of York City, is charged with first-degree murder and related offenses stemming from Darisabel's death April 7, 2008, one day after allegedly being beaten and two days after her second birthday.
Darisabel was the daughter of Johnson's then-girlfriend, Neida Baez, 21. She pleaded guilty last month of third-degree murder for doing nothing to save her toddler from the abuse that killed her, said Tim Barker, senior prosecutor.
Barker told jurors during opening statements that Johnson struck Darisabel 150 times, causing external and internal injuries that included a bruise on the back of her heart and in several layers of her brain.
Defense Attorney Rick Robinson asked jurors to ignore empathy they might feel during testimony and concentrate solely on facts of the case that he said will indicate Johnson did not intentionally kill Darisabel. Intent to kill is essential for a first-degree murder conviction.
911 calls: Barker began the state's case with Johnson's conversations to York County 911 dispatchers. Jurors listened to Johnson's out-of-breath call for help, during which he told one dispatcher that Darisabel had fallen in the bathtub in their home at 710 W. Philadelphia St.
A second and third call revealed that Johnson had left the second-floor apartment where Darisabel lay wet and naked on the kitchen floor beside an open stove used to heat the apartment, according to testimony.
Three York City Police officers testified that they'd seen Johnson downstairs and that they didn't know whether he was involved or why he would leave if he were. Police located Johnson behind a nearby laundromat.
He would change his story a few times, saying eventually that he was disciplining the toddler and had struck her several times with a video game controlling device, according to testimony.
Officer Andy Baez, who is not related to the toddler, was among the first on scene. He testified that after taking one look at the child he knew she had not fallen in the bathtub or fallen down stairs, as Neida Baez had told officers.
"I yelled profanities," Officer Andy Baez said, his voice at times cracking with emotion. "I couldn't understand what I observed."
He and a second officer, Lisa Daniels, worked together giving Darisabel CPR, but Officer Baez was the one who scooped Darisabel into his arms and carried her to a waiting ambulance. He said her body was limp as he pulled her close to him to shield her from a group of onlookers who'd gathered outside on the sidewalk.
"I didn't want them to see her," he testified.
Daylight revealed more: Once outside in the daylight, he said, Darisabel's wounds appeared more extensive, and gruesome. He realized then that her tongue was cut and bleeding, and when he grabbed her hand to soothe her, "I saw her (finger) nails were gone."
Barker told jurors that Johnson beat Darisabel for 45 minutes to an hour, delivering some blows with 20-mph force. The fresh bruises were added to about 50 old injuries suffered at least 24 hours prior to the fatal beating, Barker said.
Barker introduced evidence including the bed, consisting of three folded blankets and a sheet, that was shoved in one corner of a room where the beating is believed to have occurred. Evidence also included photographs of a blood-spattered wall, soiled clothing belonging to Darisabel and a child-sized boot believed to have been used in the assault.
A nurse who photographed Darisabel's injuries at York Hospital is expected to testify Tuesday, as is a forensic pathologist who will explain the toddlers injuries and cause of death.
During that testimony, jurors will hear details of the injuries and description of the beating that is said to have been "extensive and indicative of torture." Neida Baez might testify for the prosecution. The trial resumes at 9 a.m. at the York County Judicial Center before Common Pleas Judge Michael J. Brillhart in Courtroom No. 11.
- Reach Kathy Stevens at 505-5437 or kstevens@yorkdispatch.com."
and Nurse, pathologist detail toddler's fatal injuries - York Dispatch
"Jurors wore grim expressions Tuesday as forensics experts detailed bruises, abrasions and lacerations visible in photographs of Darisabel Baez that were taken as doctors worked to save the 2-year-old's life.
Hair had been pulled out of the child's head in clumps, exposing bare and bruised skin. One ear was swollen twice the size of the other. Cuts marred skin beneath her blackened eyes, and welts matching the pattern of a video game controller cord lined her back, buttocks and legs.
The pattern matching the sole of a boot apparently belonging to Darisabel was evident on one cheek, highlighted by more bruising. Those were the depictions and descriptions seen and heard by jurors and observers of the first-degree murder trial of Harve
Johnson
L. Johnson.
Johnson is accused of beating the child to death at the West Philadelphia Street apartment he shared with Darisabel's mother, Neida Baez, 21. Baez pleaded guilty last month to third-degree murder for doing nothing to save her toddler from the abuse that killed her, said Tim Barker, senior prosecutor.
Johnson called 9-1-1 at 2:25 p.m. April 6, 2008, to report Darisabel was injured as a result of a fall in the bathtub. He would change his story several times, telling police at one point that the toddler and her mother bruised easily, according to police testimony.
Defendant didn't look: Johnson did not look at the black and white photographs projected on a screen for jurors. Nor did he listen to testimony, choosing instead to plug his ears to muffle their words.
Johnson, 28, of York City, requested to sit out graphic portions of the trial, but Common Pleas Judge Michael J. Brillhart denied the request, citing previous rulings that defendants in death penalty cases must be present during their trial.
For much of the day, Johnson slumped forward in his chair, hung his head and stared at the floor. Some who'd come to observe the trial left the room within minutes of nurse Patti O'Brien's testimony about that April day when she'd stopped by York Hospital to deliver food to co-workers on her day off.
O'Brien, a forensic nurse at WellSpan Health's York Hospital, testified that co-workers informed her about Darisabel, and she decided quickly to document the child's injuries as she lay in bed hooked to various machines that kept her alive.
O'Brien testified that she ran out of space on a document she uses to map injuries on the body. Still, in the 30- to 45-minute examination of Darisabel, she listed 72 of 220 old and new wounds inflicted on the child; then a helicopter transported the girl to a pediatric trauma unit at Hershey Medical Center.
Pathologist explains: Darisabel died about 9:30 p.m. April 7, 2008, from multiple traumatic injuries, according to forensic pathologist Wayne Ross of the Dauphin County Coroner's Office. Ross performed an autopsy on Darisabel and testified for the prosecution.
He fleshed out O'Brien's testimony, detailing additional external and internal injuries including bruising on the genitalia, which he surmised resulted from pinching.
Ross had previously characterized Darisabel's death as the result of extensive torture doled out during a 45- to 60-minute period. Ross testified that her attacker would have to deliver a blow every 20 seconds to complete the task in that time frame.
He explained, too, that a bruise found on the back of Darisabel's heart likely was caused either from a severe blow to the back or one to the front. The latter would have been hard enough to push the heart back to the spine, causing it to bruise. Ross said children's skulls and ribs are flexible, which explains why no fractures were detected.
Darisabel also suffered a bruised lung, which caused respiratory failure; two interior brain injuries; and damage to the liver, pancreas and right adrenal gland caused by blunt force delivered at 20 mph.
The trial resumes at 9 a.m. Thursday in Courtroom No. 11 at the York County Judicial Center.
- Reach Kathy Stevens at 505-5437 or kstevens@yorkdispatch.com.
"
Damn.
"Darisabel Baez's 2-year-old body was damp, naked and covered in black and blue and red bruises.
Her forehead was swollen and cut. Her fingernails were gone. Her eyes were blackened and closed. And first responders tasted blood in her mouth as they attempted to resuscitate her.
Those are descriptions prosecution witnesses offered Monday as the trial of Harve L. Johnson got under way.
Johnson, 28, of York City, is charged with first-degree murder and related offenses stemming from Darisabel's death April 7, 2008, one day after allegedly being beaten and two days after her second birthday.
Darisabel was the daughter of Johnson's then-girlfriend, Neida Baez, 21. She pleaded guilty last month of third-degree murder for doing nothing to save her toddler from the abuse that killed her, said Tim Barker, senior prosecutor.
Barker told jurors during opening statements that Johnson struck Darisabel 150 times, causing external and internal injuries that included a bruise on the back of her heart and in several layers of her brain.
Defense Attorney Rick Robinson asked jurors to ignore empathy they might feel during testimony and concentrate solely on facts of the case that he said will indicate Johnson did not intentionally kill Darisabel. Intent to kill is essential for a first-degree murder conviction.
911 calls: Barker began the state's case with Johnson's conversations to York County 911 dispatchers. Jurors listened to Johnson's out-of-breath call for help, during which he told one dispatcher that Darisabel had fallen in the bathtub in their home at 710 W. Philadelphia St.
A second and third call revealed that Johnson had left the second-floor apartment where Darisabel lay wet and naked on the kitchen floor beside an open stove used to heat the apartment, according to testimony.
Three York City Police officers testified that they'd seen Johnson downstairs and that they didn't know whether he was involved or why he would leave if he were. Police located Johnson behind a nearby laundromat.
He would change his story a few times, saying eventually that he was disciplining the toddler and had struck her several times with a video game controlling device, according to testimony.
Officer Andy Baez, who is not related to the toddler, was among the first on scene. He testified that after taking one look at the child he knew she had not fallen in the bathtub or fallen down stairs, as Neida Baez had told officers.
"I yelled profanities," Officer Andy Baez said, his voice at times cracking with emotion. "I couldn't understand what I observed."
He and a second officer, Lisa Daniels, worked together giving Darisabel CPR, but Officer Baez was the one who scooped Darisabel into his arms and carried her to a waiting ambulance. He said her body was limp as he pulled her close to him to shield her from a group of onlookers who'd gathered outside on the sidewalk.
"I didn't want them to see her," he testified.
Daylight revealed more: Once outside in the daylight, he said, Darisabel's wounds appeared more extensive, and gruesome. He realized then that her tongue was cut and bleeding, and when he grabbed her hand to soothe her, "I saw her (finger) nails were gone."
Barker told jurors that Johnson beat Darisabel for 45 minutes to an hour, delivering some blows with 20-mph force. The fresh bruises were added to about 50 old injuries suffered at least 24 hours prior to the fatal beating, Barker said.
Barker introduced evidence including the bed, consisting of three folded blankets and a sheet, that was shoved in one corner of a room where the beating is believed to have occurred. Evidence also included photographs of a blood-spattered wall, soiled clothing belonging to Darisabel and a child-sized boot believed to have been used in the assault.
A nurse who photographed Darisabel's injuries at York Hospital is expected to testify Tuesday, as is a forensic pathologist who will explain the toddlers injuries and cause of death.
During that testimony, jurors will hear details of the injuries and description of the beating that is said to have been "extensive and indicative of torture." Neida Baez might testify for the prosecution. The trial resumes at 9 a.m. at the York County Judicial Center before Common Pleas Judge Michael J. Brillhart in Courtroom No. 11.
- Reach Kathy Stevens at 505-5437 or kstevens@yorkdispatch.com."
and Nurse, pathologist detail toddler's fatal injuries - York Dispatch
"Jurors wore grim expressions Tuesday as forensics experts detailed bruises, abrasions and lacerations visible in photographs of Darisabel Baez that were taken as doctors worked to save the 2-year-old's life.
Hair had been pulled out of the child's head in clumps, exposing bare and bruised skin. One ear was swollen twice the size of the other. Cuts marred skin beneath her blackened eyes, and welts matching the pattern of a video game controller cord lined her back, buttocks and legs.
The pattern matching the sole of a boot apparently belonging to Darisabel was evident on one cheek, highlighted by more bruising. Those were the depictions and descriptions seen and heard by jurors and observers of the first-degree murder trial of Harve
Johnson
L. Johnson.
Johnson is accused of beating the child to death at the West Philadelphia Street apartment he shared with Darisabel's mother, Neida Baez, 21. Baez pleaded guilty last month to third-degree murder for doing nothing to save her toddler from the abuse that killed her, said Tim Barker, senior prosecutor.
Johnson called 9-1-1 at 2:25 p.m. April 6, 2008, to report Darisabel was injured as a result of a fall in the bathtub. He would change his story several times, telling police at one point that the toddler and her mother bruised easily, according to police testimony.
Defendant didn't look: Johnson did not look at the black and white photographs projected on a screen for jurors. Nor did he listen to testimony, choosing instead to plug his ears to muffle their words.
Johnson, 28, of York City, requested to sit out graphic portions of the trial, but Common Pleas Judge Michael J. Brillhart denied the request, citing previous rulings that defendants in death penalty cases must be present during their trial.
For much of the day, Johnson slumped forward in his chair, hung his head and stared at the floor. Some who'd come to observe the trial left the room within minutes of nurse Patti O'Brien's testimony about that April day when she'd stopped by York Hospital to deliver food to co-workers on her day off.
O'Brien, a forensic nurse at WellSpan Health's York Hospital, testified that co-workers informed her about Darisabel, and she decided quickly to document the child's injuries as she lay in bed hooked to various machines that kept her alive.
O'Brien testified that she ran out of space on a document she uses to map injuries on the body. Still, in the 30- to 45-minute examination of Darisabel, she listed 72 of 220 old and new wounds inflicted on the child; then a helicopter transported the girl to a pediatric trauma unit at Hershey Medical Center.
Pathologist explains: Darisabel died about 9:30 p.m. April 7, 2008, from multiple traumatic injuries, according to forensic pathologist Wayne Ross of the Dauphin County Coroner's Office. Ross performed an autopsy on Darisabel and testified for the prosecution.
He fleshed out O'Brien's testimony, detailing additional external and internal injuries including bruising on the genitalia, which he surmised resulted from pinching.
Ross had previously characterized Darisabel's death as the result of extensive torture doled out during a 45- to 60-minute period. Ross testified that her attacker would have to deliver a blow every 20 seconds to complete the task in that time frame.
He explained, too, that a bruise found on the back of Darisabel's heart likely was caused either from a severe blow to the back or one to the front. The latter would have been hard enough to push the heart back to the spine, causing it to bruise. Ross said children's skulls and ribs are flexible, which explains why no fractures were detected.
Darisabel also suffered a bruised lung, which caused respiratory failure; two interior brain injuries; and damage to the liver, pancreas and right adrenal gland caused by blunt force delivered at 20 mph.
The trial resumes at 9 a.m. Thursday in Courtroom No. 11 at the York County Judicial Center.
- Reach Kathy Stevens at 505-5437 or kstevens@yorkdispatch.com.
"
Damn.
