Shaken baby references should be excluded

By Tracy M. Neal Staff Writer tracyn@nwanews.com
Posted on Thursday, October 13, 2005
URL: http://www.nwanews.com/story.php?paper=bcdr&storyid=26452
BENTONVILLE — Authorities believe 4-month-old Dominick Sanders died as
the result of being violently shaken by his baby sitter.

Samantha Ann Mitchell, 31, is charged with capital murder, a class Y felony. If
convicted, she will be sentenced to life in prison. She previously pleaded not
guilty to the charge.

Drew Miller, Mitchell’s attorney, filed a motion Wednesday seeking to exclude

any references to the jury concerning shaken infant syndrome or shaken baby
syndrome.

Police began investigating the case March 15 after being alerted by doctors in the
emergency room at St. Mary’s Hospital in Rogers. The infant was brought there
after he had seizures. Doctors determined the seizures were caused by bleeding
and swelling of the brain, according to an affidavit of probable cause in the case.

During an interview with Rogers police, Mitchell denied violently shaking the
infant but demonstrated, with the use of a doll, how she had held the child face
down over her right arm. She said she used her left hand and foot to try to open a
swing, and she had to set the child down two or three times.

According to court documents, Miller contends the use of the terminology

"shaken-infant syndrome" can mislead the jury into believing that such injuries
can only result from the deliberate, nonaccidental shaking of a child.

Court documents filed by Miller also state the jury should not hear testimony
referring to shaken-infant syndrome because scientific literature illustrates the
fact that it is a diagnosis that engenders both ongoing and scientific debate. The
science on shaken-infant syndrome is largely unsettled with disagreement by the
experts, according to court documents.

Circuit Judge David Clinger previously scheduled a hearing for Dec. 1 concerning
expert witnesses’ testimony.

Miller is also seeking to suppress the statement his client gave to Rogers police. A
hearing is scheduled for 1:30 p.m. Nov. 17.

Mitchell was released from the Benton County Jail after posting $100,000 bond.