STATE OF 1NDIANA

) )SS: )

IN THE CLINTON CIRCUIT ~. E D JUL 2 9 2009 ~~ LA. c.~_

CLERK OF CIJPHOl-' CO. .

cmcurcoosr

CAUSE NUMBER: 12COI-0907-MR- 14~

COUNTY OF CLINTON

STATE OF INDIANA

VS

MITCHELL ADAM: CLENDENNING D.O.R

S.S.

PATIENCE A. KUHLMAN D.O.B.

S.S.

CAUSE NUMBER: 12COI-0907·MR-

AFFIDA VIr OF PROBAB.LE CAUSE

Under penalty ofperjury, it is affirmed that the following facts are true to the best of my knowledge and belief:

1. Your affiant. is a law enforcement officer and detective with the Frankfort Police Department.

2. I, Detective Jason Albaugh, responded to the St. Vincent Hospital emergency department on July 23, 2009. When I arrived, Llearned that a child named Keaton Kuhlman, date of birth December 4, 2006, was brought into the emergency room aroundHl.Jf a.m. in critical condition. I observed multiple bruises all over the young child's body, head, and face. Keaton was transferred to Riley Hospital due to the critical nature of her injuries. Keaton was pronounced dead by the doctors at Riley Hospital on July 23. 2009, An autopsy was performed by forensic pathologist, Dr. Joy Carter, on July 27, 2009.. Dr. Carter determined that the cause of death was multiple blunt force trauma, consistent with child abuse.

3. I spoke with Patience Kuhlman, the mother of Keaton Kuhlman. Ms. Kuhlman reported that she resided at 309 E. Morrison Street, Frankfort, Clinton County, Indiana where these injuries occurred. Patience stated that on the day and evening of July 22nd through July 23r'" she and Mitchell Adam Clendenning spent the evening with Keaton and her five year old son. She stated that they were camping in two tents in their back yard. Patience further reported that around 10:30 p.m., she took her five year old SOIl out to the tents, leaving Keaton in the house in the care of Clendenning alone. She woke up around 4:00 a.rn. as Clendenning came to bed in her tent. She stated that she got out of bed around 5 :45 a.m. and got ready for work. She checked on the kids and both appeared to be sleeping in their tent. Ms. Kuhlman informed me that she received a telephone call from Clendenning around 9:40 a.rn, stating that Keaton had fallen down the stairs last

night and that now Clendenning couldn't wake her up. Ms. Kuhlman advised that she left work and drove home to check on her daughter. She stated that Keaton was lying on the sofa and she tried for five minutes to wake her up,. but she could not wake her up. She reported that Keaton was wearing only a pull-up and she could see several bruises. She stated that she then drove back to work to obtain her purse and get someone to work for her. A friend then brought her back home and then drove Patience and Keaton to the hospital.

4. I spoke with Detective Eric Booth of the Frankfort City Police Department and have reviewed his report. Detective Booth spoke with Mitchell Adam Clendenning on July 23, 2009. Clendenning stated that he, Patience, Keaton, and the five year old son were camping in the back yard. He stated that Patience and the five year old went to bed in the tents around 10:30. He stated that he and Keaton were left alone in the house together. He stated that around 1 :00 or 1:30 a.m., Keaton said she was thirsty, so he told her to go downstairs and get her sippy cup.. Clendenning stated that he then heard her fall down the stairs, He described hearing her hit each stair on the way down. Clendenning reported that he picked her up and held her for fifteen to twenty minutes and that she was crying that her head hurt. He staled that he gave her some Children's Tylenol and laid her down on her back in her sleeping bag in her brother's tent. He stated that he then hung out until around 3:00 a.m, and went to bed. Clendenning stated that he woke up around 9:30 a.m., and Patience had left for. work. The five year old was inside the house. Clendenning stated that he tried to wake Keaton up and she would not get up. He described taking her pajamas off and tickling her feet to get her to wake up. He called Patience at work and told her that Keaton fell down the stairs last night and that he could not wake her up. Eventually he picked her LIp and brought her inside and propped her in a sitting position on the sofa. Clendenning described Patience coming home. and unsuccessfully attempting to. wake up Keaton, He further reported that Patience then drove back to work and he waited on her to get back She returned with a friend from work and they then took Keaton to the hospital. Clendenning describes that he started drinking beer at approximately 2:00 p.m. on July 22, 2009. He stated that he drank consistently until going to bed. He further stated that he drank two mixed drinks and took a Valium, He reported that he was intoxicated. Clendenning later told me, Detective Albaugh, that he had been drinking and had taken two Hydrocodone pills and two Valium pills. He described himself as extremely intoxicated.

5. Detective Ward spoke in person with an individual who described walking by tile property after midnight The individual stated that he and his girlfriend were going home, He stated that they heard yelling and arguing from the house at 309 E. Morrison Street. He further stated that he could see some movement through a window, and believed the voices to be adult. He stated that he did not know the residents of the home, but had heard them fighting before.

6. On July 26, 2009, Veronica Brandonburg, reported to Detective Booth that Clendenning carne into the bar where she works at approximately 12:30 a.m. to

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1 :00 a.m. on July 23, 2009. She stated that she was familiar with Clendening because he came into the bar frequently. She stated that be was acting "messed up". Brandonburg stated that Clendening kept repeating that Patience was going to kill him and stated that he had an accident. Clendenning kept going to the front door and opening it and then back to the bar. He refused to say what had happened and after approximately twenty minutes he left. Brandenburg received a call from Patience the next morning around 10: 1 0 a.m.. P atienee told her that Keaton was not breathing, losing color, and not responding. Brandonburg stated

4. that Patience was at home when she called her.

7. Shannon Hinojosa brought Keaton and Patience to the emergency room. She spoke with Detective Booth on July 26, 2009. Shannon described being placed into the quiet room at the hospital with Patience. She stated that Patience received a telephone call from Clendenning. Shannon stated that she could hear Clendenning on the other end and recognized hIS voice. She stated that Clendenning didn't ask about how Keaton was doing. She did hear Clendenning ask, "What's going on? What did you tell them about me?" Shannon stated that she also heard him say that they were _ because he had given her beer and she has alcohol in her system.

8.. I have reviewed medical records from Keaton's pediatrician. The records document an appointment with Keaton on March 4, 2009. At that time, Keaton had bruising on her hip, forehead, and extremities. The doctor noted that Ms. Kuhlman stated Keaton was bruising for two to three months and wanted to know why. The lab paperwork has hand written notations that there was no medical reason identified on the lab work for the bruising. Keaton's pediatrician confirmed this information with medical staff at St. Vincent Hospital.' Ms. Kuhlman and Clendenning were questioned about this incident. Ms. Kuhlman stated that she did not know how Keaton .had received the bruising. Clendenning stated that Keaton had fallen down the stain; 'by tripping over her blanket. On July 27, 2009, Detective Booth spoke with Scott Kalner, Mr. KaIner lived in the home with Ms. Kuhlman and the children. He slated that the first time he was told Keaton fell down the steps, he asked Ms. Kuhlman if she was going to take Keaton to the doctor. Kalner described Keaton having a busted lip, her face was entirely black and blue, and there were bruises on her back. Patience told him no because the doctor would take her away for abuse. Kainer stated that this fall was approximately two weeks after the March 4, 2009 doctor visit.

9. I have reviewed medical records from Keaton's pediatrician that document that Keaton was seen by her pediatrician on June 24, 2009. At that time, Keaton was admitted to the hospital and discharged on June 27, 2009. The paperwork shows that Ms. Kuhlman reported that Keaton was vomiting since June 22, 2009, and would not play or drink. It further stated that Keaton fell in the bathtub on June 22, 2009, and hit the back of her head. On July 23, 2009, I, Detective Albaugh,

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questioned Ms. Kuhlman about this incident. She stated to me that she was with Keaton when this took place and that Keaton fell backwards striking her head. Detective Booth spoke with Clendenning about the incident. He described that Keaton was in the bathtub and that he was in his room. He further stated that Ms. Kuhlman was at work and he was caring for the children. He states that he heard Keaton fall and went into the bathroom and realized that she had hit her head. Detective Booth also spoke with Veronica Brandenburg on July 26,2009. Ms. Brandenburg stated that Ms. Kuhlman told her that Keaton had fallen in the tub

4. while she was at work. Patience stated that Clendenning put Keaton in the bathtub and then went and laid down. Ms. Kuhlman further stated that she

7. thought Clendenning was _when this happened. Brandenburg stated that approximately one week after the conversation, Ms. Kuhlman and Clendenning came into the bar, Brandenburg stated that she asked Clendenning how he could put a two year old in the bathtub and leave her there. Clendenning's explanation was that she smelled like piss and she needs to learn not to pee on herself. Brandenburg stated that she found out that Ms. Kuhlman was still allowing Clendenning to watch the children after this incident and she asked Ms. Kuhlman how she could let that happen. Brandenburg further stated that Ms. Kuhlman came into work a few weeks later stating that she was concerned that Keaton had aIarge bruise on her side. Ms. Kuhlman explained to her that she was concerned that Keaton's ribs were broken. Brandonburg told her

8. that she needed to take Keaton to the hospital. Brandonburg stated that she talked to Ms. Kuhlman a few days later and Ms. Kuhlman told her that she did take Keaton to the hospital and that no ribs were broken. Detectives have been unable to find any medical documentation of such visit.

10. I, Detective Albaugh, have observed the stairs in the home at 309 E. Morrison Street. The stairs are fully covered with both carpet and a carpet pad. I also observed that there was a substance that appears to be vomit in the comer behind the front door approximately 20" up the wall.

11. Dr. Kesa, Keaton's treating physician at S1. Vincent Hospital, informed me that Keaton's injuries were inconsistent with the history provided by the mother, that being falling down stairs. Dr. 'Joy Carter also stated that the injuries were not sustained by the child falling down stairs.

12. Detective Booth spoke with Jeff Bailey. Bailey stated that he was at the address of 309 E. Morrison Street on the evening of July 22, 2009 at approximately 6:30 p .. m .. for about a half an hour. While visiting, he held Keaton and noticed only a small dime size bruise on her forehead. He observed no other bruises on her head or face.

13. Your Affiant believes that the information supplied by Detective Booth and Detective Ward is reliable and credible because each is an Officer reporting information developed in the course of his official duties.

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14. Your Affiant believes that the information provided by Dr. Carter and Dr. Kesa is credible as the doctors are speaking out of their knowledge and experience in the course of their duty.

15. Your Affiant believes the lay witnesses to be credible as they appear to have no personal interest in the outcome of the case.

Your Affiant therefore concludes that there is reasonable and probable cause to believe that Mitchell Adam Clendenning and Patience A. Kuhlman committed the crimes of Count 1, Murder; and Count 2, Neglect of a Dependent, a Class A Felony.

Further Your Affiant sayeth not.

ORDER

Comes now the Court, examines the above Affidavit and finds probable cause for filing Information for Count 1> Murder; and Count 2, Neglect of a Dependent, a Class A Felony, with respect to both defendants.

As to Patience A. Kuhlman, no bail shall be allowed.

As to Mitchell Adam Clendenning, no bail shall be allowed.

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