GWINNETT COUNTY, Ga. — A series of medical experts and researchers will appear in a Gwinnett County courtroom, testifying a man convicted of killing his baby, may be innocent.
Danyel Smith was convicted of murder in 2003 for the blunt force trauma that killed his 2-month-old baby, Chandler. Since his conviction, Smith’s defense says the science around what is often referred to as shaken baby syndrome, has evolved.
The Georgia Supreme Court ruled Smith should be given a new hearing to determine if the change in science is enough to warrant a new trial.
Smith’s defense has spent three days now laying the foundation for the testimony of a New York Mount Sinai doctor that claims the infant’s death was caused by “pre-existing conditions resulting from birth injury and other events.”
University of Wisconsin Law School Professor Keith Findley spent more than two hours laying out the history of shaken baby syndrome, calling it theory rather than science and expressing concerns that it has given doctors the power to not only diagnose the injury but also the cause.
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Findley testified, the American Academy of Pediatrics still believes these types of injuries can be from child abuse, but doctors must now rule out other factors, such as falls, seizures, and other medical conditions first.
Before shaken baby syndrome, or abusive head trauma, was believed to always be connected with abuse, negating the need for further investigation.
Forensic pathologist Dr. Patrick Lance testified retinal hemorrhages, another injury associated with SBS, was treated the same way. But now research recognizes there are other incidents, such a fall, car wrecks, or even a drug overdose, that can cause the injury.
A retinal hemorrhage is bleeding when the tiny blood vessels on the retina’s surface rupture.
Almost every expert for the defense has testified they believe the medical community falls prey to confirmation bias when declaring an injury as abuse. Smith’s defense team called Dr. Jeff Kukucka to speak directly to the issue. Kukucka is a psychologist at Townson University in Maryland.
Kukucka testified doctors who deem injuries to be child abuse rarely get the information needed to know when they are wrong, creating a self-fulfilling feedback loop.
Smith has now been in prison for more than 20 years. Chandler’s mother supports his conviction.
More about the case
According to the court's summary, Smith's son had a check-up in April 2002 and was "declared to be in good health." Later the same day, however, the mother left the child with Smith to run an errand and, as he was bringing him back to her, the father told her over the phone that the infant wasn't breathing.
"When Smith arrived, the child was limp and cold and had blood running from his nose," the summary states. "The mother called 911 and emergency responders rushed the child to the emergency room. There, a CT scan of the child’s brain revealed a skull fracture and other damage. The child was then diagnosed as a 'shaken baby.' After several days in the hospital without exhibiting any signs of brain function, the child was removed from life support."
The trial established that the child was born prematurely and there were complications during the mother's pregnancy, according to the Court summary, and there was additional evidence that "showed his mother had summoned medical assistance for him due to a concern about breathing problems or a seizure several weeks before he became unresponsive."
Smith denied beating his child in any way and that he "never experienced a fall in his presence," and his defense team "suggested that unskillful CPR performed on the child may have caused his various injuries."