No Justice: Baby Beater's Lawyer- “It’s kind of bittersweet, She won the trial but lost the war”

[Sugar Cookie]

After a Miami baby was rushed to the hospital, doctors found the little girl had suffered a horrific fracture to the skull and swelling in the brain. X-rays revealed that 10-month-old Sophia had also suffered fractures in her arms and legs in the past.

Police and Miami-Dade prosecutors believed the child’s mother and sole caretaker, April Fox, beat her savagely over weeks leading up to Sophia’s emergency room visit four years ago. Florida child welfare authorities also considered Fox enough of a threat to legally strip Fox of parental rights to her two minor children. And Sophia, who can walk and talk despite the brain damage, has since been adopted.

But at Fox’s trial on charges of aggravated child abuse this month, her defense lawyer argued it was the toddler’s brittle bones, genetic disorders and an untimely fall that were to blame for Sophia’s injuries. Jurors ultimately could not decide and a mistrial was declared.

But instead of allowing prosecutors a second trial, Miami-Dade Circuit Judge Mark Blumstein took the unusual step of acquitting the 34-year-old mother himself.

“I’m really trying to get some picture of what happened that day,” Blumstein said late last week, according to audio of the trial. “I’m not surprised about what the jury came to, and someone beyond any human in the court will have to answer those questions. But in light of what I heard, and after hearing the presentation from the state, I don’t think it’s going to change with any retrial of this case.”

The decision stunned Miami-Dade prosecutors — it’s rare that a judge acquits defendants outright of major felonies. The acquittal also surprised defense lawyers and Fox, who began to hyperventilate loudly in court.

The State Attorney’s Office cannot appeal the judge’s acquittal, and Fox won’t get her children back.

“It’s kind of bittersweet. She won the trial but lost the war,” said defense lawyer Kellie Peterson.

She was accused of breaking her baby’s skull. What the judge did stunned the courtroom

Jurors could not reach a unanimous verdict for April Fox, who was accused of brutally beating her 10-month-old daughter. After a mistrial, a Miami-Dade judge decided himself to acquit the mother.

www.miamiherald.com

 

[Old Man Metal]

His experience serving as a Navy Judge Advocate has already shown him how to make impartial decisions at the same time showing compassion... The Miami Times recommends Blumstein.

Compassionate to a fault, I'd say. At least to murderous child abusers poor, unfortunate mothers of brittle children.

Source

 

[Sejanus]

Awwww judge Gomer Pyle must be sweet on her.
Pathetic dork!

 

[Jellyfish Brain]

...and Fox, who began to hyperventilate loudly in court

The moment she was like "I GOT AWAY WITH IT!"

 

[Sugar Cookie]

The children won because they never have to go back to this bitch.

 

[Sugar Cookie]

Does the judge think this will make her a better mother.

It got me thinking if she is acquitted of injuring her child could she get her TPR overturned and regain her children.

I hope this were other documented incidents of abuse or neglect that will ensure the children are not return to her.

 

[Sugar Cookie]

@Satanica

I was thinking did she lose the war because the baby survived?

 

[Babs]

@Satanica

I was thinking did she lose the war because the baby survived?

I thought it referred to her loss of parental rights to the children. But I bet they'll be back, as usual, for more abuse or worse.

 

[JackBurton]

I dont understand how she's unable to get her kids back.

She has been aqcuited of the charges the State brought against her. She, legally, is innocent of any and all wrongdoing.

So how is it right or even legal to strip her of parental rights? Sounds like the shit she lost her rights over has been legally established to not have ever occurred.

 

[Sugar Cookie]

@Babs

I was being sarcastic. But I can't believe the lawyer was able to keep a straight face when he said that.

 

[GoneWest]

Compassionate to a fault, I'd say. At least to murderous child abusers poor, unfortunate mothers of brittle children.

Source

Just curious-can a judge also just declare someone guilty if he wants?

 

[EyEgOrE]

Just curious-can a judge also just declare someone guilty if he wants?

in certain cases a judge can disregard the juries decisions.

 

[GoneWest]

in certain cases a judge can disregard the juries decisions.

I get that-and I’ve seen (at least on tv) when they’ve disregarded a guilty verdict or a settlement amount, but can they disregard an innocent verdict? And in what cases can they do any of this? Wonder if the jury had known the judge was going to do this, idk, would they have deliberated longer and tried to come up with a verdict. And was it hung in favor of the abusing scum.....is that why he decided for her?

Also I question if the Miami Times regrets their endorsement of this so called compassionate judge bc I can assure you the children being abused in that county aren’t feeling his so called compassion.

 

[Old Man Metal]

Just curious-can a judge also just declare someone guilty if he wants?

I really don't know; would love for someone that knows to weigh in on this particular point.