Fri, Sep 05, 2008

Tucson Region

Trial opens in death of 16-month-old girl

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 07.10.2008
In the hours after 16-month-old Emily Mays died, three children shared information with the police that seemed to implicate their parents.
Two daughters, then 7 and 10, told police their mother, Penny West, had stripped the baby to check for bruises after the baby collapsed.
Their 17-year-old brother told police he heard his mother repeatedly muttering, "I should have carried her upstairs."
The children have since recanted their statements, but Deputy Pima County Attorney Michelle Araneta told jurors Wednesday that the evidence will show Penny and Randall West caused Emily's death.
Wednesday was the first day in the Wests' trial in Pima County Superior Court on charges of child abuse under circumstances likely to cause death.
On Aug. 24, 2005, Emily was one of four foster children living in the Wests' Southeast Side home with the Wests and their three biological children, Araneta said.
On that morning, Randall West took one of the children to school around 6:15 a.m. and continued to work at Davis-Monthan Air Force Base, Araneta said.
Shortly after 7 a.m., Penny West made a frantic call to 911 about Emily.
When paramedics arrived, they found Emily naked on the floor, Araneta said. She was unresponsive. Her eyes were fluttering back into her head and she was breathing irregularly.
The baby was taken to St. Joseph's Hospital, but because of the extent of her injuries she was transferred to Tucson Medical Center, Araneta said.
The child underwent surgery, but she was taken off life support several hours later and died.
A pathologist determined that Emily died as a result of blunt-force trauma, Araneta said.
Autopsy reports indicate she suffered a massive subdural hematoma, a collection of blood under the protective lining of the brain. Her brain swelled so much it shifted to one side. She also had retinal hemorrhages.
Penny West told doctors and police she was in the kitchen when she saw Emily bend forward, stand up and then collapse backward, hitting her head, Araneta said.
Penny West said she stripped the child and took her to the sink to splash her with water, Araneta said.
After Emily defecated in the sink, Penny West said she called her husband for his advice and then called 911.
Although West's daughters told police their mother stripped Emily so she could check for bruises, Araneta said two months ago that the girls changed aspects of their story.
"Both girls will acknowledge (on the stand) their parents have had several discussions with them about key and important areas," Araneta said.
Penny West herself gave two inconsistent versions of events to police, Araneta said.
In the first interview, Penny West told police that Emily, who was developmentally delayed, had an exceptionally good day on Aug. 23, Araneta said, having ate and drunk more than usual, had even taken a few steps and had been put to bed around 7:30 p.m.
During the second interview, Penny West said Emily had been put to bed at 5:30 p.m. because she was ill on Aug. 23, Araneta said.
Based on her injuries and symptoms, doctors believe Emily was critically injured between 6 p.m. Aug. 23 and 7 a.m. Aug. 24, Araneta said.
Both Wests were home during that time, although Penny West did go to a parent-teacher conference for a couple of hours the night of the 23rd.
Araneta also told jurors that phone records indicate the Wests made eight calls to each other between the time Randall left the house and the 911 call.
Neither West told police about the phone calls despite being asked repeatedly to go over the events of that day, Araneta said.
Penny West's attorney, Steven Sherick, told jurors that calls were about an argument Randall had with his teenage son.
Penny West called her husband before she called 911 because the dental technician has a lot of medical training, Sherick said.
Although the state's experts will testify that a great deal of force was necessary to cause Emily's injuries, defense experts will testify that such injuries can be caused during minor falls, Sherick said.
Moreover, the defense experts will testify that sometimes people whose brains are bleeding don't show any symptoms, and that sometimes subdural hematomas heal on their own, Sherick said.
The medical examiner who conducted Emily's autopsy even listed the manner of death as "undetermined" because there was no clear-cut evidence of abuse, Sherick said.
Sherick also pointed out that Emily and her sisters were born to a drug-addicted mother, and it's unclear why Emily was developmentally delayed.
Penny West spoke repeatedly with Child Protective Services about Emily's problems and was working with them to get her evaluated, Sherick said.
Neither Penny nor Randall West hurt Emily but were trying to help her, Sherick told jurors.
Randall West's attorney, Howard Wine, is expected to give his opening statement after prosecutors finish presenting their evidence.
Pima County Superior Court Judge John Leonardo is presiding.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.