Assessment Technology, Inc Social Studies Content Writer Health Care Rio Salado College PA's/Online Instructors General CORT WAREHOUSE/DRIVER Construction Komatsu Equipment Co Mechanic General CORT Warehouse Supervisor Tucson RegionCell-phone calls are focus of trial of couple in death of toddlerSon unsure how many there were, but they could play a crucial role
Arizona Daily Star
Tucson, Arizona | Published: 07.24.2008
Michael Webb told jurors in the child-abuse death case against his mother and stepfather Wednesday that he doesn't remember how many cell-phone calls were made between his parents the day Emily Mays died.
But he does remember what they were about. Him.
He was running late on Aug. 24, 2005, and his stepfather, Randall West, was irritated with him, Webb said.
They needed to be out of the house by 6:15 a.m. so they could be at school and work on time.
During the entire 15-minute trip from Rita Ranch to Palo Verde High School, they argued, Webb said.
His dad insisted he'd yelled "Goodbye" before heading out to the car to wait for him, and Webb said he never heard him and felt angry he'd almost missed his ride.
They called his mom, Penny, to settle the argument, Webb said.
Although seemingly mundane, Webb's account of the phone calls could play a pivotal role in the future of his parents, who are standing trial in Pima County Superior Court. Judge John Leonardo is presiding.
Emily, 16 months, had been living with the Wests at their Southeast Side home for about a month when she was rushed to St. Joseph's Hospital with life-threatening injuries.
The child underwent surgery at Tucson Medical Center, but she was taken off life support several hours later and died.
A pathologist determined Emily died as a result of blunt-force trauma.
Autopsy reports indicate Emily suffered a massive subdural hematoma, when blood collects underneath the protective lining of the brain. Her brain swelled so much it shifted to one side. She also had retinal hemorrhages.
Prosecutors Susan Eazer and Michelle Araneta suspect one of the Wests caused the trauma and the other didn't obtain help for the child even though he or she knew Emily suffered from a life-threatening injury.
Doctors for the state have testified the injury could be caused only by being struck in the head or severely shaken.
Defense experts have testified Emily's injuries could have been caused by a short fall or a series of short falls.
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.
During opening arguments, Araneta also told jurors the Wests made an unusually high number of phone calls to each other between the time Randall and Michael left the house at 6:17 a.m. and the 911 call around 7 a.m.
Both Wests were asked by detectives to go over every detail of that morning, but neither told police about the phone calls, Araneta said.
On Wednesday, Eazer questioned Webb, who is now a University of Arizona student, at length about the phone calls and statements he made to police the day after Emily died.
Webb, 19, said he couldn't remember how many calls he told the police about and he couldn't remember telling police his father had been "screaming" at him.
"I think I was probably more frustrated than he was," Webb said.
Webb acknowledged he told police that he heard his mother mumbling, "I should have carried her up the stairs. I should have carried her up the stairs," the evening Emily died.
He said he has never really been sure what his mom said that night, though.
"I felt like I needed an answer to every question," back then, Webb said.
Webb acknowledged his parents have had discussions with all three of their children about their testimony over the last three years.
Webb no longer lives with his parents, who remain free, but his younger sisters, Chelsea, 10, and Kayla, 13, still do.
The girls also testified Wednesday, taking the stand one after the other as their parents watched.
Both girls frequently looked at their parents throughout their testimony and often said they couldn't remember certain events.
Chelsea cried at some points, and Kayla made faces at Eazer during bench conferences and breaks.
Kayla testified that Emily was not sick in the days leading up to her death. Although her siblings testified otherwise, she said her parents have never discussed her testimony with her and she doesn't remember what time Emily was put to bed the night before her death.
Araneta told jurors during opening statements that Penny West initially told detectives Emily was in fine health and had been put to bed at 7:30 p.m., but later said Emily had been put to bed at 5:30 p.m. because she was ill.
When asked if it would have been unusual for Emily to be put to bed at 5:30 p.m., Kayla snapped, "No. If she was tired, I don't see why she couldn't have been put to bed at 5:30 p.m."
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.
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