State v. Sellen

677 So. 2d 578, 1996 La. App. LEXIS 1320, 1996 WL 348091
CourtLouisiana Court of Appeal
DecidedJune 26, 1996
DocketNo. 28191-KA
StatusPublished
Cited by5 cases

This text of 677 So. 2d 578 (State v. Sellen) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sellen, 677 So. 2d 578, 1996 La. App. LEXIS 1320, 1996 WL 348091 (La. Ct. App. 1996).

Opinion

liGASKINS, Judge.

The defendant, Rebecca Carol Sellen, was originally charged with attempted second degree murder for the brutal and life-threatening beating of her infant son. Following a jury trial, she was convicted of attempted manslaughter and sentenced to 20 years at hard labor. She appeals, raising four assignments of error. We affirm the defendant’s conviction and sentence.

FACTS

At approximately 4 p.m. on October 26, 1993, Sergeant Judy Humble of the Monroe Police Department responded to a suspected child abuse case at the emergency room of St. Francis Medical Center in Monroe. Upon her arrival at the hospital, she found emergency personnel attending to the unconscious victim, nine-month-old Tyrell Bennett Sellen, who had significant bruises to his head, nose, chest, and penis, and a burn on the palm of his hand. Sergeant Humble also learned that the defendant, the child’s mother, was in the emergency room waiting room.

The defendant informed Sergeant Humble that she had gone to the store earlier in the day, leaving Tyrell with her boyfriend, Jerome Menyweather. She returned to find Tyrell with his eyes slightly opened, but not moving or breathing. When asked about the possibility of Jerome’s involvement, the de[580]*580fendant stated, “My boyfriend does not beat my children.”

The defendant then agreed to accompany Sergeant Humble to the police station to give a statement. Prior to taking this statement, which was not recorded, Sergeant Humble advised the defendant of her Miranda rights. The defendant indicated that she understood her rights, waived them, and agreed to talk to Sergeant Humble. According to the defendant, she and her two children, Tyrell and 20-month-old Antonio, were living with her boyfriend Jerome at the Monroe home of Jerome’s grandmother. The two babies slept on a couch in the defendant Rand Jerome’s bedroom. The defendant told Sergeant Hmnble that at about midnight the previous night, Tyrell began crying shortly after Jerome returned home; Jerome had been out all evening without the defendant. The defendant stated that she jumped out of bed, walked over to the couch, and hit Tyrell in the head with her open hand about three times. She then picked him up from the couch, dropped him onto the floor, and changed his diaper. (The room had a cement floor covered by an old shag carpet without any padding.) After Tyrell continued to cry despite being given a bottle, the defendant stated that she jostled him up and down.

Sergeant Humble testified that she also inquired about other injuries Tyrell sustained. The defendant could not explain the presence of the bruise on his penis, but admitted that she had hit Tyrell with his baby bottle in the rib area on his left side. The defendant claimed that the burn on Tyrell’s palm was the result of an accident which occurred when he touched the end of a cigarette she was smoking.

During this statement, the defendant also provided personal background information. The 19-year-old defendant explained that she was originally from Norfolk, Nebraska, where she met Jerome, who was a native of Monroe. In August of 1993, she came to Monroe with Jerome, bringing along her two young sons. (Jerome was not the father of Tyrell or Antonio; their father was inearcer-ated in a Nebraska prison.) The four of them moved into the home of Jerome’s grandmother with several of his relatives.

The defendant stated that after arriving in Monroe, Jerome would constantly go out and leave her with the children, thereby causing her to remain at home and care for them all by herself. As a result, their relationship began to deteriorate, and Jerome had informed her that he was saving money to pay for her and the children Uto return to Nebraska. However, the defendant again indicated that Jerome had never hurt either child.

At the conclusion of the statement, Sergeant Humble returned the defendant to the hospital where Tyrell was undergoing emergency brain surgery. The next day, October 27, Sergeant Hmnble and her partner, Detective Larry Linson, took a recorded statement from the defendant.1 Sergeant Humble testified that prior to the statement, she again advised the defendant of her Miranda rights. The defendant signed a waiver form of those rights and agreed to answer questions.

During this statement, the defendant explained that she began getting angry at her children after she moved to Monroe with Jerome. She stated that they cried all of the time, and that no one would assist her in caring for them. The defendant admitted that she began hitting Tyrell “hard” on his side with his baby bottle in late August or early September of 1993. The defendant also recounted the events of the night before Tyrell was hospitalized. She stated that because of his continuous screaming and crying, she slapped Tyrell hard three times on the side of his face. She then roughly dropped him on the hard cement floor, jerked off his overalls to change his diaper, and then threw him back on the couch. She also said that during this incident, Jerome left the room because he could hear his cousin, who was in an adjoining room, saying that someone was beating the children; he did not want anyone to think he was the one abusing them. Additionally, she related her account of Tyrell “accidentally” burning his [581]*581hand when he grabbed a cigarette she was smoking. During this statement, she also said that she felt that if she didn’t have the children, she would be able to do more things and go places |4with Jerome. According to her, it looked bad for Jerome to go places with her children because he wasn’t their father and he had a child of his own.

Following this statement, the defendant was arrested. On the next day, October 28, she gave another recorded statement. Prior to this statement, Sergeant Humble again advised the defendant of her Miranda rights, which the defendant waived. The defendant admitted that she had kicked Tyrell hard in his left side as he was lying on the floor because she was angry about his continuous crying. The defendant stated that when the baby would raise his head while crying, she slapped him on the head with her fingers, knocking his head to the floor. She also had hit him hard with the lower portion of a baby bottle. In relating these incidents, she again described the amount of force used as “hard.” The defendant also recalled one incident where she hit Tyrell on the right side of his back with her fist.

During her statements to Sergeant Humble, the defendant also told the officer that she wondered what it would be like to have only one child because she wasn’t able to go out and do things with two children. She told the officer that when she had only Antonio and lived in Nebraska, she always had relatives who were available and willing to care for him. She also stated that she had let Jerome become more important to her than God and her children.

To the amazement of his neurosurgeon, Tyrell survived. However, he did not regain consciousness for almost a month. Furthermore, the injuries he sustained have had permanent ramifications. He is now retarded, blind, partially deaf, and paralyzed on his right side.

The defendant was originally charged with the attempted first degree murder of Tyrell. The state subsequently amended the bill of information and charged her with attempted second degree murder. Following a jury trial, she was convicted of attempted manslaughter.

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Cite This Page — Counsel Stack

Bluebook (online)
677 So. 2d 578, 1996 La. App. LEXIS 1320, 1996 WL 348091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sellen-lactapp-1996.