Harman v. Commonwealth

898 S.W.2d 486, 1995 Ky. LEXIS 63, 1995 WL 277162
CourtKentucky Supreme Court
DecidedMay 11, 1995
DocketNo. 94-SC-488-DG
StatusPublished
Cited by2 cases

This text of 898 S.W.2d 486 (Harman v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harman v. Commonwealth, 898 S.W.2d 486, 1995 Ky. LEXIS 63, 1995 WL 277162 (Ky. 1995).

Opinions

SPAIN, Justice.

The appellant, Stephen F. Harman, was convicted by a Madison County jury of first-degree manslaughter and was sentenced to imprisonment for eighteen (18) years. He appeals from the decision of the Court of Appeals of Kentucky affirming the conviction and sentence. We granted discretionary review and also affirm.

A brief recitation of the chronological facts is necessary. In the spring of 1986, the appellant, Stephen Harman, while separated from his wife, met and in a few days moved into an apartment with a young divorced woman named LaDonna. Harman was stationed with the U.S. Navy in Bremerton, Washington, and LaDonna was in the process of breaking up with a boyfriend, John Thane. In December, after Harman’s divorce became final, he and LaDonna were married. Each had a child by a previous marriage, and in 1987, a daughter, Bryanna or Breanna, whose nickname was “Breezy,” was born to the couple. Harman underwent a vasectomy that year and he and LaDonna, along with her older daughter, Marissa, and Breezy, moved to Guam. In the fall of 1988, LaDonna returned to the state of Washington with the girls, and resumed her live-in relationship with John Thane. LaDonna became pregnant and informed Harman of this fact by telephone. She made a second brief trip to Guam, leaving Breezy with the appellant, and returned to Thane. She continued to live with Thane during her pregnancy and for three months after the birth of a little boy, Jesse Taylor Thane Harman, on June 27, 1989.

In October 1989, LaDonna left Thane and moved in with a step-sister. Having arranged a transfer to Navy recruiting duties in Richmond, Kentucky, the appellant Har-man went to Washington, reconciled with LaDonna, and brought her and the three children to Richmond to live with him. Although Harman accepted the baby, Jesse, as his son, there were doubts as to whether he or Thane was actually the father. Harman [488]*488at various times described the little boy as “a very stubborn baby,” prone to bruising and bleeding, and as “a mama’s boy,” and “a wimp.”

On June 2, 1990, when Jesse was eleven months old, LaDonna went to work to care for a Mr. Wheeler, who was ill and bedridden. Since it was a Saturday, the appellant was at home to take care of the children. It was a hot day and baby Jesse had chronic diarrhea, was teething, and became irritable, according to the appellant, so he put the child in his crib and took the little girls outdoors while he worked in his garden.

The appellant later stated that when he went into the house sometime afterward, he heard Jesse crying and found him hanging upside down, outside the crib, with his foot caught between the crib rail and the bed, with his head against the hardwood floor. Harman testified that he picked Jesse up and he stopped crying. Jesse had messed his diaper, so Harman gave him a bath and a bottle. A knot rose on Jesse’s forehead and bruises began appearing “all over.” The baby started “breathing weird” and acting sleepy. The appellant called a friend to drive him and the children to Pattie A. Clay Hospital. Upon arrival at the emergency room, the appellant declared that Jesse was “hurt bad.” Noting severe head injuries and abrasions and bruises on the baby’s body apparently inflicted at different times, the staff notified the police and an investigation was begun. Jesse was transported to the University of Kentucky Medical Center by helicopter, where he died two days later as the result of brain swelling caused by a massive blow or blows to the head.

The appellant was subsequently indicted for Jesse’s murder, was arrested and released on bond. At his four-day trial in January 1991, the appellant’s jury was instructed on Murder, Manslaughter in the First and Second Degrees, and Reckless Homicide. He was found guilty of First-Degree Manslaughter and sentenced to imprisonment for eighteen years.

Although the medical testimony was not completely unanimous, the Commonwealth’s case was exceptionally strong. The prosecution called eight medical witnesses, six of whom gave expert testimony that Jesse was the victim of, and died of, severe blows inconsistent with the appellant’s explanation. Dr. Richards, the pediatrician who saw Jesse at the Clay Hospital emergency room, testified that the infant’s condition indicated severe brain injury. He also noted the large bruise on the child’s forehead, bruises about one week old on the chest, and a bruise on the leg. Dr. Richards testified that it was very unusual for children to sustain accidental bruises to the torso, and that his experience with crib falls indicated that the head injury was not the result of such an accident, but was due to a severe blow to the head.

Dr. Noonan, chairperson of Pediatrics at U.K., testified that Jesse was admitted there suffering from severe swelling of the brain and that he was marked by several bruises of differing ages; on his arm, left jaw, right side of his head, and over his eyes. She stated that from observing victims of child abuse for twenty-nine years, her observation of Jesse would have prompted her to report the case for investigation, had others not already done so. She testified that Jesse’s injuries were not consistent with the history given by the parents. She was made aware that Jesse had experienced prolonged bleeding when circumcised as a newborn, so she ordered additional studies, all of which showed normal bleeding patterns. She testified that in her opinion, Jesse would not bleed or bruise more easily than other infants of eleven months, and that the swelling of his brain was caused by a severe blow to the head. Further, she stated that the autopsy showed no significant subdural bleeding, as would be expected if Jesse had had a bleeding disorder.

Dr. Walsh, a U.K. pediatric neurosurgery specialist, testified that his examination of Jesse and of his test results, showed that the infant was “brain dead” on June 3, and that such was caused by an injury of “tremendous severity” likely to occur only when a child is subjected to a major force, such as being struck by a car or baseball bat, or falling from a building. He emphasized that the injury could not be explained by a fall from a crib or by hitting the head while hanging [489]*489upside down. His further studies indicated no bleeding problem with the child.

The forensic pathologist who performed the autopsy on Jesse’s body, Dr. Hunsaker, testified that the cause of death was “progressive cardiopulmonary insufficiency due to blunt force (impact) injuries to the head,” likely the result of two separate blows.

The Fayette County Coroner, Dr. Hull, described Jesse’s closed head injury as resulting from blunt trauma. He reported as medically “remarkable” his findings of multiple bruises of different ages over the surface of the body, and concluded that the infant’s internal and external injuries were not consistent with a fall from a crib, or with the description of the event given by the appellant. Having eliminated the possibility of a contributing bleeding disorder, he ruled the death a homicide.

In addition to all the above medical evidence, Marie Wheeler, wife of the invalid patient whom LaDonna attended, testified as to a spontaneous statement made to her by Marissa, LaDonna’s six-year-old daughter. Mrs. Wheeler took care of Marissa and her little sister, Breezy, while the Harmans attended Jesse’s funeral. She stated that Marissa volunteered to her that her brother was dead and she was sad, and that “Daddy hurt Jesse” when he tripped over Breezy, became angry, and hit Jesse, who was choking, against a wall.

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Related

Hodge v. Commonwealth
17 S.W.3d 824 (Kentucky Supreme Court, 2000)
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978 S.W.2d 322 (Kentucky Supreme Court, 1998)

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Bluebook (online)
898 S.W.2d 486, 1995 Ky. LEXIS 63, 1995 WL 277162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harman-v-commonwealth-ky-1995.