Steen v. State

78 S.W.3d 516, 2002 Tex. App. LEXIS 2306, 2002 WL 480528
CourtCourt of Appeals of Texas
DecidedMarch 28, 2002
DocketNo. 14-00-00429-CR
StatusPublished
Cited by1 cases

This text of 78 S.W.3d 516 (Steen v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steen v. State, 78 S.W.3d 516, 2002 Tex. App. LEXIS 2306, 2002 WL 480528 (Tex. Ct. App. 2002).

Opinion

OPINION

WANDA McKEE FOWLER, Justice.

Over a plea of not guilty, a jury convicted appellant of aggravated perjury before a grand jury. Punishment was assessed at ten years confinement in the Texas Department of Criminal Justice, Institutional Division, probated for ten years. As a condition of probation, appellant served 90 days in the Brazos County Jail. In a sole issue for review, appellant argues that the evidence was legally insufficient to support the jury’s verdict and the State failed to prove the materiality of her alleged false statement. We affirm the judgment of the trial court.

The Facts

The evidence at trial showed the following. Appellant, a single mother of an eight-year-old child, was having an adulterous affair with a co-worker. In March or April of 1999, the co-worker asked appellant if she was pregnant because he “noticed her stomach was getting big.” Appellant replied that she “could be.” Upon further questioning, appellant told the co-worker that she was due at the end of May. They did not discuss the pregnancy any further. Appellant either denied or hid her pregnancy from all of her other coworkers.

On April 5, appellant went to see Dr. Aexander Kunjappy, complaining of swollen feet. Among other things, she told Dr. Kunjappy that she was seven months pregnant and she had no complications with her last pregnancy. During the examination, Dr. Kunjappy heard a fetal heartbeat and felt fetal movements. Based on his examination, he determined that the unborn child was healthy. This was the only medical care sought by appellant pri- or to May 12.

On May 11, appellant did not go to work and called to tell a supervisor that she was ill. The next day, appellant called her immediate supervisor, explaining that she had “overdone it that weekend” and had to be admitted to the hospital to drain some fluid.

On May 12, appellant’s family took her to a hospital emergency room. Because she had no doctor of her own, appellant was attended to by the on-call physician, Dr. Steve Braden, who specializes in family medicine. At admission, appellant was bleeding profusely from the vagina and told Dr. Braden she had been bleeding for two days. Dr. Braden testified that appellant appeared to be in shock; ie., she had a high pulse rate, was weak and pale, had low body temperature, and was very shaky. And even though appellant was in critical condition, Dr. Braden testified that she was coherent, understood him, and was able to carry on a conversation. She told him that she had received no significant pre-natal care, other than the one appointment with Dr. Kunjappy. When questioned by Dr. Braden, she could not say when her last menstrual period was or when the baby was due.

[518]*518Dr. Braden examined appellant’s uterus, and he testified that, from its size, it was consistent with a full-term baby or, perhaps a slightly smaller child. During his examination of appellant, he found no fetal heartbeat. Accordingly, Dr. Braden ordered an Ultrasound. Dr. Braden found no fetus and no fetal parts. But he found that appellant’s cervix was completely dilated. Dr. Braden called for the hospital’s staff obstetrician.

While waiting for the obstetrician, Dr. Braden became more concerned about appellant’s bleeding. He called for a blood test, which showed that her blood count was dangerously low. Dr. Braden testified that, in his eighteen years of practicing medicine, he had never seen a blood level that low before. He concluded that appellant had lost approximately two-thirds of her total blood volume. Appellant’s feet had to be raised so that her remaining blood would “profuse” to her major organs. Dr. Braden further testified that in his experience, he had never seen anyone bleed for two-and-half days and fail to seek medical treatment. Dr. Braden had to order four units of blood for appellant.

Obstetrician Dr. Cynthia Jansky, the hospital’s on-call obstetrician, arrived to attend to appellant. After consulting with Dr. Braden, she did a short evaluation and found that appellant \yas suffering from a retained placenta. An Ultrasound showed a placenta and blood clots, but no baby. Dr. Jansky testified that appellant was in shock, had suffered a great deal of blood loss, and that a common cause of postpartum hemorrhage is retained placenta. To stop the bleeding, Dr. Jansky anaesthe-tized appellant and removed the placenta.

The recovered placenta was eight inches in length. No fetal parts were found in placenta. Dr. Jansky testified that a placenta of such size is consistent with full-term baby who could sustain itself outside the womb. From the size of the placenta, Dr. Jansky concluded that the baby was full-term; that is, it had completed 36-38 weeks of gestation. Specifically, Dr. Jan-sky said “I was somewhat in shock because the placenta was ... a large placenta, what I normally would see when I delivered a term-size baby.” She further testified that as a general rule, where there is a placenta, there is a baby; i.e., they are connected. The placenta provides food and oxygen for the developing baby, and there is not one (either placenta or baby) without the other. Dr. Jansky testified that after delivering the placenta, “We began to wonder immediately where the baby was. There must have been a baby at some point in time.”

Dr. Jansky also testified that, normally, a placenta is expelled or removed within 15 minutes of delivery of the baby. When delivering a placenta, Dr. Jansky explained, the timing is crucial. She stated that one has “to know when to pull on the cord, ... you can’t do it too hard — otherwise, it can tear the cord and cause a retained placenta.” No umbilical cord was found attached to the retained placenta. Dr. Jansky testified that she believed that the umbilical cord was pulled too hard, and as a result, it tore, necessitating manual extraction of the placenta. The prosecutor then asked Dr. Jansky the following question:

Prosecutor: You had no baby, the umbilical cord was gone, but the placenta was still attached to the uterus?
Dr. Jansky Correct.

On cross-examination, Dr. Jansky explained that in cases such as appellant’s, when there is such an advanced stage of development, a baby cannot be “reabsorbed” into the uterus. Reabsorption of a baby is common in first trimester miscarriages, but with the indication of advanced fetal development here, appellant’s [519]*519baby could not have been reabsorbed into her uterus. Dr. Jansky further concluded that a layperson would know whether a full-term baby was passed, either dead or alive. Dr. Jansky explained that there is “simply too much tissue that doesn’t look like blood. There are organ systems, skin, nails, bones.” And, even if appellant delivered a stillborn child, the baby would come out together, and the stillbirth would be so much bigger than any blood clot that it would be impossible not to notice it. Specifically, Dr. Jansky testified that the bony structure of such a well-developed fetus would be impossible to pass without the mother’s knowledge. Even with a stillborn child, she explained, the bony tissue does not dissolve. At that stage of fetal development, there is no soft bony tissue that could be mistaken for blood clots. And, there is too much body tissue to be mistaken for a single, or even several, blood clots. Additionally, the child’s head at that stage is usually about four inches in diameter. In Dr. Jansky’s opinion, a four-inch head could not be flushed down a toilet.

After appellant had been stabilized, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crosby v. Minyard Food Stores, Inc.
122 S.W.3d 899 (Court of Appeals of Texas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
78 S.W.3d 516, 2002 Tex. App. LEXIS 2306, 2002 WL 480528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steen-v-state-texapp-2002.