Treadmill Abuse Murder Trial: Victim's Pediatrician Testifies
Summary
TLDRThe trial of Christopher Gregory, accused of first-degree murder in the death of his 6-year-old son, Cory, continues in New Jersey. The prosecution alleges that Gregory forced Cory to run on a treadmill at dangerously high speeds, leading to his death. Video evidence shows the child falling multiple times. The defense argues that the child's injuries could have been caused by playing football. The pediatrician, Dr. Nancy Deacon, who examined Cory a day before his death, testified about the boy's condition, noting his reluctance to speak about his injuries. She observed numerous bruises in various stages of healing, which raised concerns about possible abuse. Despite the child's seemingly normal physical presentation, Dr. Deacon recommended immediate hospitalization, suspecting internal injuries. The trial is ongoing, with the defense facing an uphill battle due to the graphic nature of the video evidence and the child's tragic death.
Takeaways
- π The trial is focused on Christopher Gregory, who is accused of first-degree murder for the death of his 6-year-old son, Cory, after forcing him to run on a treadmill at high speeds.
- π₯ The state presented video evidence showing Cory falling multiple times on the treadmill, which was played in court and was described as difficult to watch.
- π©ββοΈ Pediatrician Nancy Deacon testified, noting that Cory appeared relatively normal during her examination, except for several bruises, which raised concerns about potential abuse.
- π₯ Despite the initial normal appearance, Corey was sent to the hospital for further evaluation due to the doctor's concerns about the nature and extent of the bruises.
- π€ The defense argues that the doctor had to prod Corey for information, which could imply that his disclosures were not entirely spontaneous.
- π§ The judge considered the doctor's testimony, including the issue of whether she had to encourage Corey to speak, which could affect the credibility of his statements.
- π¨ There was a discussion about the hearsay rule and the admissibility of statements made by Corey regarding what his father told him, which could be considered double hearsay.
- π€¨ The defense suggested that the case might be difficult to defend due to the graphic nature of the video evidence and the boy's injuries, hinting at a potential uphill battle for the defense team.
- πΆ The jury was presented with the timeline of events, including the doctor's examination and Corey's subsequent hospitalization, which occurred shortly before his death.
- π§ The doctor's expertise and teaching background were highlighted during the cross-examination, emphasizing her experience in pediatric medicine.
- π The doctor's testimony included a detailed account of the various bruises and their stages of healing, suggesting that some of the injuries could not be easily explained by a single incident.
Q & A
What are the charges against Christopher Gregory?
-Christopher Gregory is charged with endangering the welfare of a child and first-degree murder in the death of his 6-year-old son, Corey.
What was the reason given for forcing the child to run on the treadmill?
-Christopher Gregory believed his son, Corey, was too fat, which led him to force the child to run on the treadmill at impossibly high speeds for a child of that age.
What evidence was presented by the state?
-The state presented video evidence showing Christopher Gregory forcing Corey to run on the treadmill, causing the child to repeatedly fall down.
What did the pediatrician observe during Corey's examination?
-The pediatrician observed that Corey appeared very sick, had multiple bruises, and showed no signs of distress such as difficulty breathing or fever. However, the child was later found to have serious internal injuries.
How did Corey's mother react during the examination?
-Corey's mother appeared very worried and concerned during the examination. She became tearful when Corey explained how he got his bruises.
What was the doctor's impression of Corey's condition after the examination?
-Despite Corey presenting with multiple bruises, the doctor's initial impression was that his vital signs were normal for his age, and he did not show signs of immediate distress or severe injury.
What was the issue with the doctor's testimony regarding the hearsay rule?
-The doctor's testimony included information that Corey had told her about what his father told him, which could be considered double hearsay. This created a problem as it may not be admissible in court.
What was the defense's strategy in cross-examining the doctor?
-The defense questioned the doctor's methods, particularly her need to prod Corey for information, which could suggest that the child was reluctant to speak and that the information provided might not be entirely reliable.
What was the judge's ruling on the doctor's testimony?
-The judge decided not to strike the doctor's testimony but gave a curative instruction to the jury, advising them on how to consider the doctor's testimony, especially regarding the statements made by Corey.
What was the significance of the doctor's testimony about the different stages of healing in Corey's bruises?
-The doctor's testimony about the varying stages of healing in Corey's bruises suggested that the injuries were not all from a single incident. This could imply that Corey had been subjected to repeated abuse.
What action did the doctor take after examining Corey?
-The doctor recommended that Corey be taken immediately to the hospital for further evaluation and expert care, as she was concerned about his condition and potential internal injuries.
Outlines
π Treadmill Abuse Trial Begins
The video script opens with a live report from Court TV about the treadmill abuse murder trial in New Jersey. Christopher Gregory is on trial for forcing his 6-year-old son, Cory, to run on a treadmill at high speeds, which led to the boy's death. The state has presented video evidence of the abuse, and a pediatrician who examined Cory the day before his death is set to testify. The report also mentions the challenges in proving the direct causation between the abuse and Cory's death.
π’ Testimony of the Pediatrician
The pediatrician, Nancy Deacon, recounts her examination of Cory, noting his calm demeanor and the various bruises on his body. She describes the boy's vital signs as normal for his age, but her observations raised concerns that led her to inquire further about the bruises. Cory's mother became emotional during the examination, and the doctor's testimony is expected to be a critical part of the trial.
π€ Legal Analysis of the Case
A legal expert, Nima Amini, discusses the difficulty of defending Christopher Gregory due to the graphic nature of the video evidence. The expert suggests that the defense may struggle to argue that something else caused Cory's death, given the special duty of care a parent has to a child. There is also discussion about a potential plea deal that was offered but rejected by the defendant.
πββοΈ The Doctor's Examination and Injuries
Doctor Deacon provides a detailed account of her physical examination of Cory, noting his normal activity and the presence of bruises and other injuries. She explains the medical assessment process and the importance of understanding the child's condition. The doctor's testimony is interrupted for a sidebar discussion about the admissibility of certain statements made by Cory regarding his father's actions.
π« Legal Ruling on Hearsay Evidence
The judge rules on the admissibility of hearsay evidence in the trial. The judge decides not to strike the doctor's testimony but provides a limiting instruction to the jury regarding the weight they should give to certain statements made by the child to the doctor. The judge emphasizes the importance of considering the child's credibility and the circumstances under which the statements were made.
π Detailed Examination Findings
Doctor Deacon continues her testimony, detailing the results of her comprehensive examination of Cory, which included checking his eyes, ears, throat, heart, lungs, abdomen, and musculoskeletal system. She describes the various bruises and injuries she observed, noting their locations and appearances. The doctor's thorough examination provides crucial evidence for the trial.
π₯ Urgent Hospital Referral
Doctor Deacon testifies about her recommendation to immediately take Cory to the hospital following her examination. She expresses her concerns about the severity of his injuries and the need for further evaluation. The doctor's actions and her communication with the emergency department physician and a caseworker from Child Protective Services highlight her seriousness in addressing the child's condition.
π€ Cross-Examination and Medical Background
The defense begins its cross-examination of Doctor Deacon, focusing on her medical education and experience. The doctor outlines her qualifications, including her osteopathic medical degree, internship, and pediatric residency. The defense also questions the doctor about her teaching role and her approach to patient interviews, aiming to establish her credibility and the reliability of her examination.
π Documentation and Patient Interaction
The cross-examination continues with the defense questioning Doctor Deacon about her documentation practices and her interaction with Cory during the examination. The defense highlights that the doctor had to prod Cory for information, which could suggest reluctance on the child's part. The discussion touches on the importance of patient safety and the ethical considerations in medical examinations.
π§ Assessing the Bruises and Injuries
Doctor Deacon is questioned about the various bruises and injuries she observed on Cory's body. She explains the different stages of healing and the implications they have for determining the timing of the injuries. The doctor's assessment provides insight into the nature and severity of the abuse and helps the jury understand the timeline of events leading up to Cory's death.
π The Football Incident and Inconsistencies
The defense challenges Doctor Deacon on the inconsistencies between Cory's statements about playing football and the timing of his injuries. The doctor explains her understanding of Cory's activities and the healing process of the bruises. The cross-examination aims to cast doubt on the doctor's findings and the prosecution's narrative of the case.
π Closing Remarks and Testimony Conclusion
The video script concludes with the end of Doctor Deacon's testimony. The doctor's evidence is a critical part of the prosecution's case, and her detailed account of Cory's injuries and her professional assessment provide a strong foundation for the charges against Christopher Gregory.
Mindmap
Keywords
π‘Treadmill Abuse
π‘First-degree Murder
π‘Endangering the Welfare of a Child
π‘Pediatrician
π‘Vital Signs
π‘Chronic Abuse
π‘Medical Examination
π‘Bruises
π‘Cross-Examination
π‘Double Hearsay
π‘Child Protective Services (CPS)
Highlights
Christopher Gregory is on trial for first-degree murder, accused of forcing his 6-year-old son, Cory, to run on a treadmill at dangerously high speeds, leading to the child's death.
The prosecution presented video evidence showing Cory repeatedly falling while running on the treadmill.
Corey's pediatrician testified, describing the boy's condition the day before his death, noting he appeared very sick but was breathing easily.
The doctor observed that Cory seemed reluctant to discuss his injuries, which were later attributed to playing football.
Cory's mother appeared very worried and concerned during the examination, indicating a potentially tense home environment.
The defense argued that the doctor's testimony could be prejudicial, as it suggested the child's reluctance to speak might imply abuse.
The judge ruled that the doctor's testimony would not be struck but would be given a curative instruction to the jury.
The doctor detailed the various bruises and injuries found on Cory's body, indicating different stages of healing.
The defense questioned the doctor's methods and the thoroughness of her examination, suggesting potential gaps in the medical assessment.
The doctor clarified that she recommended immediate hospitalization for Cory due to the severity and number of bruises.
The judge considered the hearsay rule and its exceptions in relation to Cory's statements about the injuries.
The defense suggested that the bruises could have resulted from normal childhood activities, not necessarily abuse.
The prosecution argued that the extent of Cory's injuries were inconsistent with normal play, indicating a pattern of abuse.
The doctor's testimony highlighted the discrepancy between Cory's outward appearance and the severity of his injuries.
The defense faced challenges in countering the graphic nature of the video evidence showing Cory's treatment on the treadmill.
The judge's decision to allow cross-examination on the doctor's testimony could impact the jury's perception of the case.
The doctor's credibility and the reliability of her observations are central to the case's outcome.
Transcripts
Welcome back to court TV live
on Michael Aiello we're
switching gears now to go to
New Jersey for the treadmill
abuse
murder trial. Defendant
Christopher Gregory is accused
of forcing his 6 year-old son
Cory to run on a treadmill that
really impossibly high speeds
for
a kid that young because he
believed the boy was
too fat. Gregor is charged with
endangering the welfare of a
child and first-degree murder
in the death
of Corey. The state presented
video evidence of Gregor
forcing Korean the treadmill in
his
apartment gym. Showing Corey
repeatedly falling down as he
tried to stand it was really
tough to watch now the
pediatrician who examine Corey
the day before
he died took the stand today,
so we'll get you inside the
courtroom for that testimony.
βͺ
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>> That's where I saw him in
the exam.
>> Duration of course exam.
And the way that Iran was
anybody else in the room other
than that people use crack.
Initial observations of.
>> Entered the room
who are.
>> He was sitting on the exam
table that's where he had been
brought to get his
blood pressure take and his
polls and his breathing and its
pull stocks. She was sitting
there and he's the nurse asked
him to take his. His shirt off
Syria's pants on sure often use
sitting quietly on the
exam table. And his mother was
>> Yeah so you as it is
a pediatrician.
>> And you know are we rely not
just on what patients say, but
how they are acting because
they don't you know kids don't
just.
Tell you something to hurt a
lot of times
they don't no word they don't
so you are always looking from
the very start how are they
sitting.
>> And how are they looking you
know do
they look.
>> Learn are they looking right
up for you to set up and I for
retouching patient. We're
looking for everything we can
get. It in quietly.
He was breathing easily.
He didn't look in any distress.
And he just looked very sick.
Contained likes do it.
so she was sitting and she just
she looked just very worried.
>> And and concerned.
>> he would look at her you
know, and they they would to
just look at the you know each
other as I
asking first the mother now now
and getting to find out from
them.
Is the history like
what was happened you know what
are you
worried about so when we call
in and she was listed as the
independent historian, she was
the one to give its history as
parents to you know huge.
>> First.
>> So based I I do give
children
a chance say what hurts or
what's up. Problem or.
What happened it's an injury
how did you get her.
So I did that
at first didn't want to say.
so I explained to him
in order to help him I had
to know.
>> How we got her what
happened.
>> Still Lee has a 2 so I I
>> we're I think we can help
you do it if we.
What happened and complete and
don't worry
I need to know so I can.
And so you you on it.
And she says them.
>> You said that he got
the the trusted arm
and hip.
>> Bruises and
the forehead. It's great when
he was playing football outside
on turf.
And he said that his dad was
teaching him how to catch a
football.
And when I I'm Kristen for
there and that.
He said he orders is when he
fell from a treadmill.
Was he was explaining this.
His mother tear it up and
started
to tip cry and then he got
tearful as well.
I you know with the nurses had.
Found out and he had a normal
blood pressure he had what we
call a pulse ox curse
that test the finger this
oxygen level is 98% and his
pulse rate
was 90 and his respiratory rate
was 24.
His temperature was as normal.
No fever. And I considered
vi those vital
signs North. For his age.
Yes and I'm noticing here when
I say he might first thing is
generally just look
at that and then you had normal
activity a normal interaction.
I got it. He said tell
me that.
I have something in my notes
>> all right so that it will
issue leads to a sidebar about
exactly what you can tell this
jury about what Corey
told her about what his dad
told him this of course creates
a situation of double
hearsay so that created a
problem we'll take a break
right now when we come back
we'll have more testimony from
top they're
Nancy deacon but first we do
have this quick programming
note the defendant in the Idaho
student murders case Brian told
over will be back in court for
a
big hearing.
>> The judge will hear
arguments over the state's
motion to close an upcoming
hearing on a defense motion
to compel it's related to
certain evidence that the
defense wants prosecutors to
turn over that hearing at
01:00PM eastern tomo
>> All right folks before we
head back to court, let's bring
back in president of the West
Coast
trial lawyers. Uber Amani Nima
been done to get your
impression of this History is
on already seeing a very very
it's just an
awful video of how this this
defendant treated his But there
are some issues I think you
with causation as to whether
you know that abuse and the
abuse that we're learning about
can be attributed to the actual
cause of death we want to get
your thoughts on this.
>> It's a really tough case to
defend Michael, you know I
understand they're going to
argue that you
know obviously coy didn't die
immediately you had to seizures
and some neurological issues
and so forth but the video
is so.
>> You know and.
>> I mean just watching it
right now and him by his side,
I mean just it's
so bad, I don't think the
defense is going to be able to
do anything with this in to
argue that.
Something else cause poor
Corey's
death. It's really an uphill
battle on surprise that this
defendant didn't take them
30 year offer. I wouldn't be
surprised that when he's
convicted he gets sentenced to
life because someone treating
their own child like this.
It's really beyond the pale so
very tough case
to defend maybe they're going
to try to get a lesser included
like manslaughter. But when you
have a special duty like this
to a child. It's very hard to
win a case like this.
>> Yeah I agree and what what
name is talking about is the
state offered a deal to this
stuff and that
they said. If he pled guilty he
would just get 30 years and he
would be eligible for parole
for those
30 years. But he chose not to
he wanted to take this to trial
and again with this type
of evidence. I don't know I
struggle to I agree with me but
the other thing is because of
this video. It really lets the
jury viewers who
are watching I believe that
this guy's really capable of
anything so when you hear this
little boy tell
this doctor that he had all
these bruises which seemed to
match up up with where some of
these injuries were a bruise on
his side had a lacerated liver
playing football.
It was a bruise or some kind of
area discoloration in his chest
he had a lacerated heart I can
just envision. How this guy
would have wanted to teach his
son how to play football on
turf and causing all those
bruises. It is a very very
short leap to think of the type
of things that he was doing to
that poor little boy under the
guise of trying to teach him
how to play football that
resulted in these deadly
injuries.
>> Do I agree, Michael mean it
poor coy suffer from so many
injuries and the defense is
really not going to have and
the other possible are
reasonable X the nation,
especially in the video is so
graphic and so violent. The
young boy
6 years old and the way he was
treated and frankly, I mean I
don't think anyone's going to
understand what anyone would do
that this child
is overweight and needs to run
of the treadmill, it just
doesn't make any sense. This is
a sick and
twisted father, and I think
we're going to be a pretty
quick conviction for Michael.
>> Yeah would have to agree I
think what he was functioning
from was a place of anger and I
think he was taking out
whatever angry at the
world that at the mom and
whoever else was involved was
taking it out on this poor
little 6 year-old boys just
it's just a real climate change
all right stand by we'll get
back to court now with the
judge and the attorneys were
actually discussing initial
outside the presence of the
jury and this involves again as
I the
double hearsay of words that
were set to Corey by his father
that he tells the doctor can
cheat all tell the jury those
things let's get back in
school.
>> Work hard to.
>> That existing state of mind.
Under 8 o 3 C 3.
>> suspect is what that means.
Well those reasons it should
not.
Reference
to consistent. PRI of Henri
court to get additional
information.
>> Our first interview with the
West.
You see. I'm sure you know 3 C
3.
Font actually could be in this
good thing. The clerics then
existing state of mind motion
Such as intent and motive
design mental feeling pain in
your body. This typically means
that.
Someone who was present the
same pain. Lakers are hurts.
Whether need to position or
someone else those students are
generally considered inherently
unreliable people don't
complain about something like
that. At
the moment. The exception to
the hearsay rule is based upon
engaged a lot to do.
I previously found the child
seems about because as well as
what.
Porches by Nathan Paine work
program. This is working.
Question
anybody's child, the physician
promise not to tell. Anyone
what I said. That's not a.
Saint Matthews.
The motion sensation physical
condition. Mind.
Just a month,
but it's really more concerned
about sharing someone.
I don't want to keep rolling is
challenging you all are happy
to play football anymore.
I know she wants to the that I
do my father, you know I told
him I felt Riddle.
You shouldn't beyond the scope
of seeking medical treatment.
Beyond the scope of existing.
Point.
So I find that this additional
should not be admitted to the
jewelry again a tree but you
have to.
This rocking for the second
issue about the doctor's
testimony at Route one year.
That she sure proves and we see
record high for ball injuries
and then. He said you was life
At least inconsistent with that
jury GQ who usually.
Fusion is that when what
happened that she was proud of
him and she said to him you
complained that.
She had to know what happened
or if you're healthy she could
be safe.
Who then said that reuses which
doctor Sean chest storms headed
from 4.
Doctor express here that she
had
some disbelief a little unsure
she said of course you just
believe the richest hole, let's
just leave them and then
pressed further. He said he
felt
any further. So I just wonder
what why and she hopes that the
want to hear the whole purpose
of doing. Now
I'm concerned that he
was result a PRI was results
saying we can be safe. We
suggest you Sunday.
>> All right we're going take a
break we'll have more of the
judge's ruling when we come
back, thanks to be more money
for joining us this evening.
Please don't
go away coming up next. We'll
continue our special coverage
of the treadmill abuse murder
trial in New Jersey. So keep it
here on Court TV, your front
row seat to just.
And when Christian for there
and that.
He said he got more bruises
when he fell from a trend.
>> Was he was explaining this.
His mother tear it up and start
to to cry. And then he got
tearful as well.
>> Welcome back to our special
coverage of the triple abuse
murder trial in New
Michael Iowa. Defendant
Christopher Gregory is accused
of first-degree murder in the
death of a 6 year-old son
Cory Mitchell. Now yesterday
the jury saw multiple videos of
the defendant and his son in
the building's gym.
6 year-old Corey is on the
treadmill and Gregor can be
seen increasing the speed on
the treadmill. Really until the
child repeatedly falls while
running and trying to get back
on the machine while
it's running. The prosecutors
are saying the treadmill
actually caused Corey's death.
They do say the child was the
victim of chronic abuse so
today, one of Korea's teachers
testified that she saw several
bruises on him. Attorneys on
both sides have been discussing
the issue with
the judge and this involves the
doctor who looked at him
examined him right before he
was set to the hospital and the
problem is she said something
to the effect that I had to
Preston will prod him for
information. The defense is
arguing that that's prejudicial
prejudicial they want to
correct
of instruction against the
state is obviously arguing
against that so let's get back
into court as the judge
continues to discuss the issues
with the terms.
>> Testimony change.
We became more detail in just a
matter of minutes so now what
about that. Do I just told you
disregard the whole thing.
Words are some over rent.
What you want about Mister
glued to that question senator.
Is it true he just testified
hearing outside the presence of
drinking say.
Because we did this last week
France's she would want to
transfer from that we don't.
And you know why why did she do
that when it's not going to do
that to us in the first.
>> Judge I cannot
answer why she didn't do it in
the first place I don't
know it it's how my questions
came across her, I don't know
if it's in the context of
asking about demeanor. I
honestly thought.
>> We're more than a
certain well when you're in
need and want to mention the
criticism, but I met you could
just got to you know get your
call patients later you see
Corey first one set but instead
you develop the room.
>> I I
that her injuries were
different before a jury and
they were outside the presence
I was trying.
>> And to stay that way
anything that needed to be on
the record it could be on
the record.
>> And as far as what I would
say I appreciate you for that
as comments are not critical of
the prosecution. As far as what
what she said
to court.
>> And I was trying to bring
that out in a chronological way
what she said to Corey what it
you know. The part of the world
for hearing his statements and
I think when she told me things
it was a little.
Jumbled I don't know if she
appreciated the significance of
that possibly instead of it
being occurring
at separate portions like I was
trying to do with the one
'04 hearing I also asked about
his demeanor think I followed
up with that question which may
have closer to say that we
should I can't.
But that is why I did try to
conduct the for hearing the way
that I did so all of it could
be fleshed out.
>> Remarkably difference
between what we're hearing in
her case went before the jury.
I
don't know I don't think
anything good as prosecutors
try Khalid or.
Something coming out of one for
your testimony was different.
Whats the defense adjustment.
For anyone in this country.
for 7.
And in true rulings are.
>> Designed for the trial judge
to exercise discretion based
upon the facts and
circumstances of Kings.
General proposition I find
the doctor described is a
pretty calm about to come to a
doctor doctor, the city history
from you.
common and history's elicited
from
a parent. It's Positions in
guest.
>> All those things are
proving something that that's
common knowledge that children
are sometimes reluctant to say
things. Any interest
in history. The jury's smart
enough to make its own
credibility determinations.
You see the trend of U.S..
Crews will ration
front it. So that's not
particularly shocking to the
jury that the doctor observed
these things.
So I find the inappropriate for
me to strike the doctor's
testimony.
Declined to do in terms of
whether or not Mister Hu Jia
cross-examined the witness on
the fact that she got.
It wasn't for the
it's a problem actual
transcript from because it just
You could
S a dry in what I was thinking
was.
Similar to the limiting
instruction on
statements up shouldn't I would
use a limiting instruction to
the jury a conclusion to start
your testimony. Here's their
considerations case. Well
speaking to allegedly made by
to the position.
You see students are not really
evidence statements made in
good faith and I actually track
of persons. The existing.
She did say she refused to
condition, thanks to pain as
well as state aid.
A good face the purpose of
medical diagnosis right of
the net history past present
symptoms, worsen sedition your
chairmanship action. They're
just they're exceptional
general cause or as well and
then to get that change in
structure.
In considering whether to who
we actually meet these oral
statements. You should consider
and when
this happens You
you consideration all the facts
and circumstances, including
whether the doctor prodded him
to make any statements.
If your consideration we states
were not not credible and you
must record them. If you find
she was made or questions
credible and do what we think
that pushes me to find
countries.
I think that you
period yes, a question about
the cross-examination on what
do you do what you just know.
all right we should give the
court for some time to do look
rather than just.
And of course
>> all right so that's the end
of the arguments they're
obviously that was taking place
outside the presence of the
jury will be bringing the jury
back in so the doctor can
continue her testimony the
judge really have
3 choices here. The doctor
testified on a proper of
evidence this was outside the
presence of the jury. She
didn't mention that you had to
pick in Prague to get that
information out so the defense
said look you want
to strike all of her testimony
at this point the judge said no
I'm not going to go that far he
could allow them to cross are
on it. Her previous testimony
that was outside the presence
of the jury that deferred but
now we decided you know what
I'm gonna give
a curative instructions going
to tell them when they look at
this testimony they have to
take different things into
account so that was a choice he
made he also did
say though she denies that she
didn't make that statement
previously then they will be
allowed to cross examine her
and although they don't they
don't have any kind affidavit
on it or any kind of record
of it. They will go back and
they will have the court
reporter go back and read back
what you testify
too so just came up with a nice
compromise there all right
looks like they're set to go
jury back in that's go back in
for more of the doctors test.
>> About the examination.
I pray that you conducted could
you please the examination
that.
>> Yes
and it had
normal activity and alertness
I'm sitting up without favoring
anything his eyes when I say
eyes
were clear.
>> I looked at the external
everything
looks normal as the whites of
his eyes like Norm, I look
inside his eyes with a scoping
and into that
back of his eyes that was
normal I examine teen years can
now and is.
Kind of
membranes knows it weren't for
the canals would clear his
throat was clear you didn't
have any redness of us so he
had no signs
of any by rule but I say viral
statement, I mean you had no
running no snow.
You guess. His neck. He can
move it.
Directions it was severly
wasn't favoring it and he had
no we call 6 cervical and not
that
the meat he had no large notes
anywhere on his neck the other
thing that I look for when
there's infection
if there's tenderness over that
she going to look at the
sinuses and I checked and they
were not.
Tender and the
other scientists is that Al
qaeda and there is no
tenderness I listened to his
heart and it was.
>> Regular rate didn't have
air.
>> There's a new normal heart
sounds.
his breathing I had already
observed that he wasn't I'm
breathing faster Ivey us and
sucking his what we call
labor's sucking his ribs and
look at making any effort he
was just breathing
normally quietly and when I
listen to him with a
stethoscope his lungs were
clear.
And he had what we call good
air movement. Meaning why he
could he had a full breath
and then out knows particularly
interesting because some of the
into the I was interested in
any read injuries. How he did
all his.
If I lay down a checked his
abdomen and it wasn't just
ended.
Why when I say HS and he
had no enlargement that I could
feel of his liver
his clean. Or any mask is that
I could he
didn't guard because sometimes
children don't tell you that
things hurt so I push
hard and there was no
tightening of his muscles there
was no and I listen to
bow sounds and you know meaning
I listen that the stethoscope
and they were normal so
everything was good with
his
as far as neurologic he was a
lure. I say we're in
a times 3 January was he knew
we was in new ways with.
Check people's their
reactivity.
As I
move meant as well as cranial
nerves. There is no truth
being every.
>> Things and you know the
money money money out there
wasn't any
true bang.
>> And then I went on to look
at is his muscular skeletal
system. You know I
noted all of that is the
finding is on his skin and a
hand.
Talk about them now I can keep
the resting salmon and talk to
I wanted to make sure you
didn't have any injuries to his
muscles or
bones so I had him raise his
arms up over
his head you can do that he
could move from every way won
it.
He I had him get off the table
and walk
for me and a jump up and
I without any difficulty
without fear, anything in
normal gate, you and I checked.
>> Will his muscles which for
me is all he has well now that
could push him down he's got
pushed me away.
>> All right so then at about
05:18PM in the
afternoon on people first Corey
the 6 year-old boy the victim
in this case presented
relatively normal. Other than a
few brews bruises less than 24
hours later, he would be dead
and that's
the issue in this case all
right we're going take a break
here when we come back we'll
continue with more of that
doctor's testimony. The record
Welcome back folks will get you
back inside the courtroom in
just a moment, but first I do
want to bring in my guests for
this hour,
joining me deputy public
defender for La County for them
today for the great to see you
thank you so much for joining
us on the program tonight here
in our special hour. Here on
Court TV Let me ask you this.
I want to get your thoughts on
this case
but really what I want to ask
you is this doctor's testimony
do you think it presents any
problem for the prosecution and
here's why say that because
she's talking about a kid is
presenting very very normal.
We'll find out later that there
was some very serious injuries
fat that the defense is called
claimed was cause other ways
after his appearance in front
of this doctor of do you think
the present any problems that
he's not showing any pain
present for the to the normal
other than some bruises.
>> Absolutely you know usually
most child abuse is especially
>> who received kids later on
in their care as opposed to
right from birth with.
>> Show symptoms of abuse
pretty early on this kid is
presenting rather healthy, it
goes to show there seems to be
a healthy relationship in
the home. What it really sounds
like if I read New Jersey law
correctly is they have to show
that he allowed it injury to
occur her deck was braces
substantial risk death that was
not an accident.
So because the key presented so
healthy to
the PD it suggests that what
happened to this kid really was
the result of
an accident and I mean Michael
you know kids to more these
days and just you know play on
monkey bars and you
dog
paddle and layoffs. Scotch you
know they're they play a much
more robust game so I I don't
think this is highly unusual
frankly.
>> All right Philip stand by
and get folks back into court
now for more testimony from
doctor Nancy deacon again she
saw him on
April 1st and the point was at
05:18AM it was an
emergency appointment by the
mom because she was afraid of
some of the bruises she was
seeing on let's go back into
the court.
>> He says since the ball as
mask and so
absolutely nothing.
>> To that I was worried about
with his muscles or he's going
to be a no swelling.
>> I have stand on each foot
and
their way because sometimes
you've given us so I made sure
you had no. No problems with he
had no.
More than anything that would
suggest an infection of of his
scanner and
you know
swelling and I have way seen
help Haitian of
his chest. I push on all the
rents in phone wants to make
sure that there wasn't any sign
of of red.
Tenderness anywhere doctor
remaking a pushing motion with
your hands when you just yeah,
making.
I pushed and pushed every on.
No and then I did check and
Italian.
And there was nothing and
no problem. Nasa's are
abnormalities there as well.
And then an air mass it is that
ice over on his skin.
I have a I used to
buddy chart because to 2
be able to show and be able to
remember where I saw any
lesions on his skin.
>> That pushed the witness.
Doctor to show you what's been
market us 43.
I do what what is that and this
is
my body.
>> Chart that showed thick and
I have written down the the
lesions that I noticed on
his body. It says it's a it was
done I labeled it as we're one
21, wear a mask you.
>> And does S 43.
Visit your office on April 1st.
>> Would you take me through.
>> Yes, I'm going to start
ahead and work my
way down right side of his 5
President on and what
is left or had was what I
described as pretty pink
regulation to share with the
tiny scab. What that means is
that there was dry.
>> tissue.
>> With a little scaf doctor
could you point to point to a
body part.
Yeah bring to my left we're
headed.
there was a loop or a ruse over
his left cheek
and pointing to the the phone
right here on his left side of
his face.
Number 3 was a a large yellow
green Brewers that
was located
overlying his his shoulder is
trapeze isn't pointing to my
left shoulder, right here.
Was another you large yellow
green ruse.
When we when we have
host the arms are like this so
it was
on though the left in her.
I'm standing with my Kyle's the
same.
>> 5th.
>> The thing that I noticed
what or that I wrote down was a
blue proves president over the.
And although I went into the
inner aspect of you know align
the bone.
Re side of
his chest.
And it was 2 areas of what I
call hyper pigment and then
which was this game was
white compared to this day.
Around.
So for me that means that was a
a.
Healing area of you know I
scanned with its heel. But the
payment hasn't come back yet.
7 was that was my impression a
7th
many years who are wisely
linear I mean like
a line and it was present on
the right lower abdomen.
I think and I called in to
score.
These were superficial fresh
batch is there a little kid
below the
belly button above the to
and the center of this pie ice,
superficially me.
The they looked like called a
fresh because that you could
see that there was a high for
him to stab there was like a
little bit of Moises to them
that look like that. Scratch
that just happened.
Bruce is a nice meet 3 circles.
they
were located on the left lower
lay the the front part of over
lie, mission so
the area.
>> We're the only You can feel
the bone on the lower leg.
>> And then a living.
And
1010 11.
>> What I describe just tiny
scratches.
>> On the
>> front of his ankles between
that foot. The lower part of
his life.
>> All right it's an active 6
year-old boy there could be
some bruises that's a lot of
bruises for one boy and if
you've got a lot of them
playing football with his dad,
something's wrong. There should
have that those
kind of he was
t
>> Welcome back to our special
coverage of the treadmill abuse
murder trial going on in New
Michael Aiello that
pre attrition who examined the
victim 6 year-old
Corey Mitchell is on the stand
that she examined him before he
died just testifying now to
some of the bruises that she
noticed
on him. This was one day before
he died. She's visiting him she
taken to the hospital after
what she sees. But again he
does percent relatively low
let's go back to school.
>> The back of
his body.
A large yellow green Roos and
that was located.
Kind the muscle tissue.
14.
Was another large yellow green
ruse. And it was located at.
I'm turning around.
It was worth it you know that
last one was 14 when 13 today
described 13. Was another
proves located on.
>> Was that everything he did
that was part of your Yeah.
Now is the island of the mind
I.
I did so you know it Christmas.
After his collegues and.
>> my assessment was normal
Bruce it numerous bruises with
different
stages of healing and healed
abrasions with a history owing
on a treadmill and getting hit
with a football.
Mostly over pony promised
prominent says that summer over
soft tissue areas.
So so so for me you know.
There were bruises
that you could explain you know
by the ones over bony process
But the play that children do
there's there's common areas
where
we have.
>> Bruises and then there's
areas over soft tissue that.
>> It takes more of a
blow more usually to have that
size of a ruse and that kind of
injury.
>> That's what
I was trying so hard to make
sure the residency underlying
Boehner
to dish because there's
so big and so throat through my
mind is well when you have
those kinds of bruises.
>> It takes either a bigger
harder.
>> Or he might have a reason
why he. And this is easily.
So I had I want to rule out any
bleeding or clotting of
normality.
As those children can have
extensive bruising as well.
>> Did you make recommendations
for Corey before he left
office.
>> Yeah so AI not known that he
needed to bring him right.
You need to go right to the
hospital.
I had to be we had to be sure.
he didn't have a you wasn't at
risk for even worse leading you
know and the network.
honestly from
I learned.
And what he he my my whole
impression of this visit.
He needed further even even if.
The DC PMP hadn't been
involved. I would've call.
But I thought up takes tended
to the hospital.
For further evaluation because
it would he needed more.
Evaluation and expert.
Interviewing more that
was that's not my role as eject
general pediatrician. More
care.
Before I would consider him
safe to go home.
>> When you finish with your
examination Korea making
recommendations to the cause,
anybody though Corey
and recommendations.
>> I did so I called and this
is now corners. You know 6.
caught you know it's getting
Lee so a cool when I have a
concern you know you have
your eye have a careful record.
But I wanted to also let them
know what I was worried about.
And so I called the emergency
department physician. I.
I had wanted him to
go to Jersey But the time
constraints and the mother you
know.
She did agree to take them
right across the street from my
office not I'm is a
wait list
community hospice. I sent him
there I called the doctor that
was going to see him there.
And
I called I'm mark a caseworker
from DC PMP you have
I asked to be called after my.
discussed my findings and
concerns.
>> All right so there you heard
the doctor say there was enough
there
for her that if the child
protective Services had not
already been involved she would
have called them the mother
had already gotten them
involved and she wanted them
onto taken to the hospital
further
checking up. Alright
cross-examination is next.
>> Right
Well testimony continues in the
truck with abuse murder trial
in New Jersey pediatrician
doctor Nancy deacon is now
on cross-examination which sets
a couple of points gets pretty
intense. So let's get back
inside.
>> I think I have a
>> education.
Which could have.
Will Scott University.
That's from University of
medicine and Dentistry of
New Jersey. School of
osteopathic medicine recess was
called then what.
>> we have it.
>> And internship. As part of
our to get your your.
Initial Deo so I did that.
>> Dexter doctors
of osteopathy.
>> The get additional training
and that's off to should we.
>> education about the
connection of.
>> In mind in the muscles and
how everything is connected and
influence each other U K.
It in person.
Pediatric residency right, yes
and those that I
was at Monmouth Medical Center
now the interpreter Children's
Hospital in my mind the
medical Center.
>> And they we
tore right.
>> And it's part of that I'm
teaching attending there
it in. Also tell you I'm a
teaching. I was a teaching
attending a one-time et on
jersey shore as well.
>> So how.
Well I continue to teach
residents.
What kind of residents with
pediatric residents and how to
teach for.
I'm continuing like this my
entire.
Careers pediatrician so how
many
users that. 90 I finished my
residency 94 I and I'm CE
still.
Clinical
assistant professor.
>> at Rutgers Robert Wood, not
in the Robert Wood Johnson
Medical Center.
Take ya Le
was residents at Monmouth
Medical Center.
>> It teaches them had a V P it
and give how did you think.
>> You just told the jury.
And I'm sure when you teach
your students you tell them how
important it is.
When you talk about what Corey
told. That you need to.
Coaching to say that.
That he was reluctant to say
that to you.
We need to prop Tim that you
need to show him he was safe
can you show we
begin with in that shot when
you wrote that you will
though stage that by the way I
would believe are important.
Evaluation.
>> So I did not document
exactly what I said.
>> 10 minutes before charging
walked into this well did you
testify at a hearing in this
Bush will issue a number of
questions about.
Before the jury was in.
It was well look to change.
>> I said.
Was reluctant when I asked
him he hesitated I believe
that's what I said he has it
he did. I didn't say a new
record that he has it he did.
I said merely I said just what
he said.
>> All right so this is all
about that issue we saw the
judge talking about The idea
that during the profit
for evidence once she did
mention that you had to pick
and prodded him to get that
information how important
information that's quickly
bring in deputy public defender
for La County for
that debate for that this this
was dealt with by the judge
earlier this idea
that win in the record as well
as when she testified earlier
when there was an offer of
proof she mentioned she had to
pick
up right and ultimately I think
the defense is right for making
an issue of this because it
can really sort of help this
jury understand that if he's
given the information freely
that's one thing if he has to
be prompted that suggests
something else not helpful to
the defense.
>> Yeah obviously you don't
suggest ability. During a
medical examination of any
patients let alone
a child because it gives the
impression to the jury and
you're just making stuff up as
you
go along. I got to tell you I
think it really was going on
here is more of a
discovery violation.
>> If there were parts of her
proffer that are not in
the record it's that she
intended to offer
through testimony and I think
it's grounds for a continuance
or perhaps
a mistrial because if Council
did not have this added
information how are they
supposed
to prepare. You know it's one
thing when you've what dire a
doctor in expert outside the
presence of the jury and you
learn new things during that
process. But it's another
to have time to prepare between
the time you do what do I have
the time to bring the jury back
in it's just not enough time
to prepare.
>> Yeah, and there really
wasn't because the profits a
place that day just a couple of
minutes before this particular
testimony all right stand by
for a moment take folks back
into court that back on the
way.
>> Some portion of the doctor's
testimony that occurred.
The position of the defense
counsel that the doctor.
At that testimony that some
time ago probably and
transcript.
This is the question.
I'm approaching you with plenty
more for good occasion
as 42. Did you ever take a look
at this morning to you for a
moment and tell me if you
recognize it answer
I do question what is best for
you to answer as 42 Corey
angelo's chart. Okay have to
take some time
to review Corey Hart, you tell
me how pressure election with
the card is that what Corey
said you.
Is that you want me to tell you
what its members as well are
just court that question just
Corey said.
Answer course says that he got
a chest arm and hip bruise is
Jorge gration but he was
playing football outside of it.
He said that his dad was
teaching him how to.
He said that you got more
resistant.
>> He reported it to get back
You write your waffle you too.
And the young at home to the
news about 20 different.
To see some bruises from.
We received from one is called
the teacher.
>> Well
that's that's I think the ice
that I know it you miss
teaching how many other.
I have 2 activities actually.
>> through the back room at the
hearing.
>> I I said that the I've
described to activities said he
told me about.
>> It was a father of 3 who was
playing football outside I'm
>> He said that
status page football and to the
president for the season and
what was what.
>> My impression when he was
talking about was playing
football with his dad and
described that way but that was
my impression. I know of no
other times playing for poc so.
And you know 8 that was.
I don't know when he fell from
the truck.
>> If I told you that both the
treadmill launched 20 of her
body weight on April 1st we'll
be with you at that time is
like yes.
When he played football is that
August 28.
You see any activity he do much
football and talk with us
I don't know he was in the
custody of
his mother yeah during any of
that time too I don't know
where he got this. So when you
make you a little charging it.
And you want to find a lot.
Regulation tissue with time to
spare. Can you
tell this jury to contribute
that to a treadmill.
A full when he was with his
mother learning how to catch a
football with his father of 4
football
Troy, a.
>> Fleck football I can just
estimate when he died of the
healing process when it might
have happened. That's what I
meant by varying stages.
>> What you missed it means
that it's.
>> It's been probably over a
week to get you know to 10
days. Yeah, it's healing.
It's a.
>> Right right and you can tell
anybody year when they heard
what happened.
>> I know I can just think
that there's yellow green which
is later unit and a side of
fruit, you know take those
stages of healing and that
would it's hard to know
exactly.
And Lou Grey are more recent
against several days, you can't
really I just described what
they saw. You have to actually.
I I'm down here. It says Hypo
pigment in skin again that's a
that's an area.
And I'm just I can't say what
did he have Michael could be as
I can just
telling you.
>> At that that's going to wrap
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