MONROE -- About the only thing two expert witnesses called to testify during Casey Shelton's trial Thursday could agree upon was that Shelton's 2-month-old son, Christopher, died on Feb. 28, 2007.
Which doctor was more convincing in determining how he died is for the jury to decide.
Shelton, 32, Brodhead, is charged with first-degree reckless homicide, a class B felony, in connection with Christopher's death. He faces 60 years in prison, if convicted.
Court records indicate Shelton called 911 at about 6:30 p.m. on Feb. 28, 2007, and told them he needed an ambulance at his residence in Decatur township because his baby had stopped breathing. Shelton told emergency responders Christopher began to choke as he was feeding him.
Christopher was pronounced dead at Mercy Hospital in Janesville.
Dr. John Plunkett, who has experience as a forensic pathologist and served as a medical examiner in Minnesota, testified for the defense.
Dr. Robert Corliss, a pathologist at the University of Wisconsin-Madison, testified for the prosecution. He performed Christopher's autopsy March 1, 2007.
The key issue was what caused Christopher Shelton's death and whether the death was instantaneous.
Plunkett concluded, after he looked at the autopsy pictures and read reports from the hospital and the Green County Sheriff's Department, that Christopher had chronic bleeding in the brain. Christopher's death, he said, was not necessarily instantaneous. He said choking could have caused the bleeding to increase and lead to the child's death.
He also told Green County Assistant District Attorney Jeff Kohl that Christopher had no signs of traumatic brain injuries.
Plunkett agreed with Kohl that a rag stuffed in Christopher's mouth could have caused him to choke.
Amy Uptegraw, Christopher's mother, testified Wednesday that Shelton sometimes put rags into the child's mouth when the baby was crying
Corliss, who testified Thursday and Wednesday, said Christopher died because of a traumatic injury to the brain that took place soon before he died.
The time of death is important to both the defense and the prosecution.
Shelton called 911 at about 6:30 p.m. Feb. 28, 2007. Uptegraw left for work in Juda at about 11 a.m. the day Christopher died.
Corliss said again Thursday that he saw bleeding on both sides of the brain, which would indicate the baby had been shaken.
Plunkett said emphatically that it was unlikely shaking could have caused Christopher's death. He said violent shaking of the baby would have resulted in neck injuries which would have been seen during the autopsy.
Plunkett also disagreed with Corliss' assessment of why Christopher had fractured ribs, which appeared to be healing by the time of his death, according to Corliss' autopsy report.
As a twin born prematurely, Christopher was prone to bone fractures. Plunkett said a medical report published within the past two weeks determined that fractures could occur at the time of birth, with no visible signs to the parents or doctors.
The jury was in recess until Thursday afternoon while Shelton and his defense attorney, Michael Murphy viewed a videotape of Uptegraw's interview with Green County Sheriff's Department detectives on April 20, 2007. Green County Circuit Court Judge James Beer ruled Thursday that the defense deserved time to watch the tape before it is entered into evidence. On the four-hour tape, Uptegraw claims Shelton abused their children.
Shelton's trial continues today, but began with a recess until 10 a.m. as attorneys discussed the Uptegraw tape. The prosecution is expected to wind up its case and the defense is expected to call its witnesses. Closing arguments and jury deliberation could begin tonight.
Shelton also faces charges in connections to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4. He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000, if convicted.
Which doctor was more convincing in determining how he died is for the jury to decide.
Shelton, 32, Brodhead, is charged with first-degree reckless homicide, a class B felony, in connection with Christopher's death. He faces 60 years in prison, if convicted.
Court records indicate Shelton called 911 at about 6:30 p.m. on Feb. 28, 2007, and told them he needed an ambulance at his residence in Decatur township because his baby had stopped breathing. Shelton told emergency responders Christopher began to choke as he was feeding him.
Christopher was pronounced dead at Mercy Hospital in Janesville.
Dr. John Plunkett, who has experience as a forensic pathologist and served as a medical examiner in Minnesota, testified for the defense.
Dr. Robert Corliss, a pathologist at the University of Wisconsin-Madison, testified for the prosecution. He performed Christopher's autopsy March 1, 2007.
The key issue was what caused Christopher Shelton's death and whether the death was instantaneous.
Plunkett concluded, after he looked at the autopsy pictures and read reports from the hospital and the Green County Sheriff's Department, that Christopher had chronic bleeding in the brain. Christopher's death, he said, was not necessarily instantaneous. He said choking could have caused the bleeding to increase and lead to the child's death.
He also told Green County Assistant District Attorney Jeff Kohl that Christopher had no signs of traumatic brain injuries.
Plunkett agreed with Kohl that a rag stuffed in Christopher's mouth could have caused him to choke.
Amy Uptegraw, Christopher's mother, testified Wednesday that Shelton sometimes put rags into the child's mouth when the baby was crying
Corliss, who testified Thursday and Wednesday, said Christopher died because of a traumatic injury to the brain that took place soon before he died.
The time of death is important to both the defense and the prosecution.
Shelton called 911 at about 6:30 p.m. Feb. 28, 2007. Uptegraw left for work in Juda at about 11 a.m. the day Christopher died.
Corliss said again Thursday that he saw bleeding on both sides of the brain, which would indicate the baby had been shaken.
Plunkett said emphatically that it was unlikely shaking could have caused Christopher's death. He said violent shaking of the baby would have resulted in neck injuries which would have been seen during the autopsy.
Plunkett also disagreed with Corliss' assessment of why Christopher had fractured ribs, which appeared to be healing by the time of his death, according to Corliss' autopsy report.
As a twin born prematurely, Christopher was prone to bone fractures. Plunkett said a medical report published within the past two weeks determined that fractures could occur at the time of birth, with no visible signs to the parents or doctors.
The jury was in recess until Thursday afternoon while Shelton and his defense attorney, Michael Murphy viewed a videotape of Uptegraw's interview with Green County Sheriff's Department detectives on April 20, 2007. Green County Circuit Court Judge James Beer ruled Thursday that the defense deserved time to watch the tape before it is entered into evidence. On the four-hour tape, Uptegraw claims Shelton abused their children.
Shelton's trial continues today, but began with a recess until 10 a.m. as attorneys discussed the Uptegraw tape. The prosecution is expected to wind up its case and the defense is expected to call its witnesses. Closing arguments and jury deliberation could begin tonight.
Shelton also faces charges in connections to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4. He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000, if convicted.