Dennis Russell Watson v. Ronald C. Marshall, Superintendent

784 F.2d 722, 1985 U.S. App. LEXIS 26138
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 26, 1985
Docket85-3388
StatusPublished
Cited by17 cases

This text of 784 F.2d 722 (Dennis Russell Watson v. Ronald C. Marshall, Superintendent) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dennis Russell Watson v. Ronald C. Marshall, Superintendent, 784 F.2d 722, 1985 U.S. App. LEXIS 26138 (6th Cir. 1985).

Opinions

CONTIE, Circuit Judge.

The defendant, Dennis Russell Watson, appeals to this court for habeas corpus relief pursuant to 28 U.S.C. § 2254 (1966). On appeal, Watson argues that there was insufficient evidence to convict him of murder and that he was denied a fair trial due to ineffective assistance of counsel. In order to evaluate both of these claims, it is necessary to review the evidence and testimony in some detail.

I.

On May 6, 1981, Eric Ford, a nine-month old child, was brought to Akron Children’s Hospital by Dennis Watson for care. On May 30, 1981 Eric died from the injuries discovered, including a trauma wound on the head. Watson was Eric’s great-uncle and had been Eric’s primary caretaker for less than one month. Watson had become Eric’s caretaker after Eric was removed from his mother’s home on February 12, 1981. Watson offered to care for Eric who was subsequently placed in Watson’s home after investigation by the Children’s Services Board. Also in this home were Esther Greer, Watson’s common-law wife, and their infant son.

Several days before Eric was taken to the emergency room by Watson, Watson’s mother took care of the child and noticed that Eric’s leg was swollen. Eric was taken to Dr. Screenivasan for an examination of his leg on May 5, 1981, one day before the fatal emergency room visit. At that time, the doctor did not notice any bruises on Eric and neither did Linda Broaddus, Eric’s caseworker, or Watson’s mother. Although Dr. Screenivasan’s x-rays taken on May 5th did not reveal any abnormalities of the left hip, x-rays taken as a result of the May 6th emergency visit show that both legs had been fractured.

Watson admittedly was the only adult with the child for at least four hours prior to the May 6th emergency room visit, and the only adults with Eric during that day were Watson and Esther Greer. Watson had driven Greer to work at 4:40 p.m., had unsuccessfully attempted to locate a babysitter for the evening, and had then returned home to feed the children. At 8:30 p.m., after Eric had allegedly been put in bed, Watson testified that he heard Eric cough. He checked on Eric about fifteen minutes later and discovered Eric unconscious with blood coming out of his nose and mouth. After notifying his neighbor and Esther, he took Eric to the hospital. Watson has consistently asserted that he does not know what happened to Eric, and he denies having ever hit the child. Rath[724]*724er, Watson testified at trial that the marks on Eric’s body simply were not bruises.

Eric was not breathing when he arrived at the hospital and he had bruises on his head, back and legs. A Cat Scan taken of the brain revealed hemorrhaging in the eye grounds. Dr. Timmons, a child neurologist who examined Eric after he was resuscitated, testified that this type of hemorrhaging was “highly suggestive of some type of trauma occurring in just a matter of a few hours” before the Cat Scan was taken. Dr. Timmons testified that the injury could have occurred within four hours and up to twelve hours before the child was brought to the hospital, and that Eric could not have inflicted these injuries upon himself.

The coroner, Dr. Kyriakides, testified that he discovered brain and spinal cord hemorrhaging caused by blunt forced trauma and that Eric could not have inflicted this injury on himself unless he had fallen off a thirty-story building. He further testified that it was “more probable that once this happened, the child within a matter of an hour or two became comatose, became unresponsive.”

A pediatric resident, Kenton Pate, was on duty in Akron Children’s Hospital on May 6th when Eric was brought to the emergency room. Pate, who had participated in the resuscitation of Eric, testified that he believed that the bruises on Eric’s head and arms were “no more than twelve hours old at the very most.”

Officer Meyers, who was at Children’s Hospital on May 6th, testified that he observed bruises on Eric’s arm, forehead and leg. Officer Dearmitt, a juvenile detective of eleven years, testified that on May 7th he observed bruises on both sides of Eric’s forehead, on the back of Eric’s legs and back. He also testified as to the interview he had with Watson and Greer on May 11th when Watson offered his version of the facts. Officer Dearmitt was present at Eric’s autopsy and testified as to his observations there as well.

At trial, Watson’s own testimony revealed that he thought Eric had “strange looking eyes” and was “dismayed” by the baby. A couple of days before Eric was injured, Watson explained that “it had started really getting aggravating. Every time you would attempt to move him, he would let out a yell, and for really — anything.”

Watson argued that the evidence at trial was insufficient to establish beyond a reasonable doubt that he was the individual that harmed Eric. Specifically, Watson reasons that the witnesses’ testimony at trial only supports a conclusion that it was probable that the injury occurred within the four hours that Eric was alone with Watson, and therefore there is no evidence to connect him with the homicide. He does not argue that the other elements of the murder charge were unsupported by substantial evidence.

II.

The due process clause protects the defendant from being convicted of a crime without proof beyond a reasonable doubt of every element of an offense. In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068,1072, 25 L.Ed.2d 368 (1970). In reviewing a conviction to determine whether it can be upheld, the evidence must be viewed in the light most favorable to the government, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942), and the reviewing court must draw “all reasonable inferences consistent with the verdict.” United States v. Orrico, 599 F.2d 113,117 (6th Cir.1979). In a federal habeas proceeding, the standard of review to be applied when there is a state court conviction is whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979) (original emphasis). See also Brown v. Davis, 752 F.2d 1142, 1144 (6th Cir.1985).

Several doctors testified as to the nature of Eric’s injuries and the time frame in which the injuries occurred. All agreed that the injuries were recent, occurring within twelve hours at the outside, or with[725]*725in one or two hours before the child became unconscious. All agreed that these injuries could not have been caused by Eric or another toddler, or by falling out of a crib. Although Watson denied he had ever hurt Eric, he testified that he was the only adult with Eric for at least the four hours before his bringing Eric to the emergency room, that obvious bruises were not bruises and that he found Eric’s behavior “aggravating” shortly before the incident occurred.

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Cite This Page — Counsel Stack

Bluebook (online)
784 F.2d 722, 1985 U.S. App. LEXIS 26138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-russell-watson-v-ronald-c-marshall-superintendent-ca6-1985.