State v. Taggart

525 N.W.2d 877, 1994 Iowa App. LEXIS 131, 1994 WL 725622
CourtCourt of Appeals of Iowa
DecidedOctober 25, 1994
Docket93-159
StatusPublished
Cited by3 cases

This text of 525 N.W.2d 877 (State v. Taggart) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taggart, 525 N.W.2d 877, 1994 Iowa App. LEXIS 131, 1994 WL 725622 (iowactapp 1994).

Opinion

HUITINK, Judge.

Joanne Taggart appeals her convictions on three counts of child endangerment. We affirm.

Taggart, her daughter, her four-year-old son J.W., and her boyfriend Dario Ruesga, moved into Michelle and David Crouse’s home on February 16, 1992. Taggart worked during the day until February 27 or 28, and she left Ruesga to supervise her children while she worked.

On February 17 Michelle Crouse noticed bruises on J.W.’s thigh and chest. On February 26 J.W. complained his arm hurt and was observed favoring it. When the Crouses questioned Taggart about the arm she told them it was only a pulled muscle caused by Ruesga jerking on J.W.’s arm.

In the next few days the Crouses observed a scratch and bruise on J.W.’s forehead, a bruise on his chin, and a severe burn on his right hand. Taggart provided the following explanations: Ruesga had attempted to hit J.W. in the head and had caused the scratch and resulting bruise instead; Ruesga was speaking to J.W. and grabbed his face but the child tried to pull away and caused the bruise; and J.W. had held his hand over Ruesga’s lighter and burned himself.

On March 5 Ruesga took J.W. to the basement to change clothes. Ruesga called to Taggart after fifteen minutes, and she found J.W. unconscious on the floor. Ruesga told Taggart he had spanked J.W. and J.W. had fallen and hit his head. Paramedics were called to the house and took J.W. to the hospital. In examining J.W., medical personnel observed his chest and buttocks were extensively bruised; he had a broken arm; he was suffering from massive brain injury; his genitalia were bruised; the burned hand was infected; and his liver and mesocolon were lacerated. When questioned about the injuries, Taggart offered inconsistent explanations for J.W.’s injuries or denied having any previous knowledge of them.

Taggart was charged with four counts of child endangerment. Count I alleged she knowingly permitted the continuing physical abuse of her son, and the remaining counts alleged she had failed to provide needed medical care for J.W.’s fractured arm (count II), fractured liver (count III), and burned hand (count (IV).

At trial the court admitted several items into evidence over Taggart’s objections. These items included a letter written by Ruesga to Taggart in which he complained *880 about Taggart interfering with his attempts to discipline J.W. Taggart testified she had no knowledge of J.W.’s massive bruises and believed the injuries of which she was aware were due to accidents. The district court did not allow Taggart to testify about her current feelings regarding Ruesga or to offer her journal which tracked J.W.’s medical progress after he was hospitalized.

The trial court overruled Taggart’s motions for directed verdict and judgment of acquittal. Taggart was convicted on counts I, II, and IV and sentenced to three consecutive ten-year sentences.

Taggart contends there was insufficient evidence to support the jury’s findings (1) she “knowingly permitted” the continuing abuse of J.W. as charged in count I or (2) she willfully deprived J.W. of necessary health care which resulted in serious injury (fractured left arm) as charged in count II and serious injury (severe burn on right hand) as charged in count IV. We disagree.

Our scope of review is for errors at law. Iowa R.App.P. 4. A verdict will be upheld where there is substantial evidence in the record tending to support the charge. State v. LeGear, 346 N.W.2d 21, 23 (Iowa 1984). Substantial evidence means evidence which would convince a rational fact finder that the defendant is guilty beyond a reasonable doubt. Id.

The evidence is viewed in the light most favorable to the State, including legitimate inferences and presumptions that fairly and reasonably may be deduced from the evidence in the record. State v. Bass, 349 N.W.2d 498, 500 (Iowa 1984). Direct and circumstantial evidence are equally probative so long as the evidence raises “a fair inference of guilt and [does] more than create speculation, suspicion, or conjecture.” State v. Hamilton, 309 N.W.2d 471, 479 (Iowa 1981). We consider all the evidence at trial, not just the evidence supporting the verdict. Bass, 349 N.W.2d at 500.

As to count I, the State presented substantial evidence showing Taggart knowingly permitted the continuing physical abuse of J.W. by Ruesga, as required by Iowa Code section 726.6(l)(e) (1991).

The emergency room pediatrician who treated J.W. upon his arrival at the hospital on March 5 was Dr. McAuliff. At trial Dr. McAuliff testified there were distinct bruising patterns on J.W.’s body. He testified half of the bruises on J.W.’s body were over forty-eight hours old, other bruises were over four days old, and yet others showed signs of being well healed. Dr. McAuliff stated the pattern of bruises was not of the type expected on a typical four-year-old. Rather the bruises indicated a pattern of ongoing, inflicted abuse.

There was evidence Taggart had observed these bruises on J.W. on several occasions during the period between February 16 and March 4. Michelle and David Crouse both testified Taggart bathed J.W. during this period. Michelle Crouse also recalled Tag-gart telling J.W. to sit still while he was in the bathtub. Taggart also admitted at trial she bathed J.W., but she denied seeing any injuries.

Michelle Crouse also testified she either asked about or discussed J.W.’s bruises with Taggart at least two different times. Tag-gart told her one bruise was due to a playground accident while the other was caused by J.W.’s attempt to pull away from Ruesga.

In addition, Crouse testified Taggart claimed J.W. burned himself when he held his hand over Ruesga’s lighter. Dr. McAuliff testified as to the serious nature of the burn on J.W.’s hand, stating the eschar (the jellylike substance which formed over the burn) was a sign the burn was extensive and deep and indicated it was most likely a third-degree burn. When he questioned Taggart at the hospital about J.W.’s injuries, she explained J.W. burned his hand by touching a stove several days earlier. Her contradictory explanations to Michelle Crouse and Dr. McAuliff are evidence she knew J.W. was being abused and attempted to conceal the abuse.

Additional evidence presented at trial indicated Taggart was aware J.W. was being abused. First, Taggart admitted receiving a letter from Ruesga a few days before March 5. From the contents of the letter a reasonable juror could find Taggart knew of Rues- *881 ga’s abuse of J.W. Second, Michelle Crouse testified after Taggart and Ruesga moved into her home J.W. began to wet his pants frequently. This behavior soon progressed into J.W. having bowel movements in his pants, even though he was toilet trained pri- or to February 16.

Considering the above evidence along with the close relationship between Taggart and Ruesga, any reasonable juror could conclude Taggart had knowledge of the continuing physical abuse of J.W. We affirm on this issue.

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525 N.W.2d 877, 1994 Iowa App. LEXIS 131, 1994 WL 725622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taggart-iowactapp-1994.