The People of the State
of Michigan,
|
|
Heidi Williams
|
|
Plaintiff-Appellee,
|
|
v
|
(Appeal from Ct of
Appeals)
|
|
|
(Saginaw– Boes, J.)
|
|
Dane Richard Krukowski,
|
|
Jason Eggert
|
|
Defendant-Appellant.
|
|
_____________________________
The People of the State
of Michigan,
|
|
Heidi Williams
|
|
Plaintiff-Appellee,
|
|
v
|
(Appeal from Ct of
Appeals)
|
|
|
(Saginaw– Boes, J.)
|
|
Codie Lynn Stevens,
|
|
Robert Dunn
|
|
Defendant-Appellant.
|
|
Defendant Dane Krukowski and defendant Codie Lynn
Stevens were the parents of RK, an infant child. While Krukowski was giving RK a bath, RK
struck his head on the bathtub. The
defendants did not immediately seek professional medical treatment for RK, but
applied a cold compress. There was
conflicting evidence as to whether Stevens told RK’s doctor about the bathtub
incident at a regularly scheduled well-visit two days later. Two weeks later, RK began vomiting
excessively. The next morning, the
defendants took RK to the hospital when it appeared that he was having a
seizure. A CAT showed that RK’s brain
was bleeding. He also had multiple rib
fractures, ongoing seizure activity, and retinal hemorrhages. A jury convicted each defendant, as charged, of
second-degree child abuse. The Court of
Appeals reversed and remanded for judgments of acquittals, holding that there
was insufficient evidence to support the convictions. The Supreme Court has ordered oral argument
on the application to address: (1)
whether there is sufficient evidence for a rational juror to conclude beyond a
reasonable doubt that the defendants committed the offense of second-degree
child abuse, MCL 750.136b(3)(a) and MCL 750.136b(3)(b); and (2) whether the
phrase “willful abandonment” in MCL 750.136b(1)(c) encompasses a parent’s
failure to timely seek professional medical care for his or her child.