Nia Hinson
COLUMBIA, Mo. (KMIZ)
Prosecutors and the defense laid out their arguments during the second day of a Boone County baby death trial on Wednesday.
The trial for Sarah D. Brown began Monday morning at the Boone County Courthouse. Brown is charged with first-degree involuntary manslaughter in connection with the death of Ayla Gibson.
Brown allegedly put Gibson–who was 3-months-old at the time– in a crib at her daycare in north Columbia with a loose, unfitted blanket and pillow in a position that resulted in death by suffocation, court documents say. Documents also claim the baby had a viral lung infection and Brown ignored parent instructions to have her sleep on her back.
Boone County Assistant Prosecuting Attorney Melissa Buchanan began opening statements Wednesday morning. Buchanan told jurors Gibson was a happy and healthy baby, and that they should expect to hear from doctors and witnesses that can testify to that. Buchanan also noted Gibson was dealing with congestion before her death and was seen by doctors for that, but was not in distress based on the opinions from medical experts.
Buchanan also told jurors that Gibson died on the fourth day of being in Brown’s care after being placed in the back room in an unsafe position with a loose comforter and full body pillow behind her, resulting in her death.
“Ayla died way before any resuscitation efforts were attempted. She had died and been left unattended in a reckless environment due to Ms. Brown’s conduct,” Buchanan said. “She failed her duty that she owed to Ayla Gibson and because of that, Ayla Gibson suffocated.”
Brown’s attorney, Richard Hicks gave opening statements shortly after Buchanan. He told jurors that while what happened was a tragedy, that does not mean that a crime was committed. Hicks asked jurors to think about what Brown knew prior to putting Gibson down for a nap on the day of her death.
Hicks also spoke about how recommendations from the American Academy of Pediatrics have evolved over the years, and told jurors that not following recommendations does not equal recklessness. He also said that Gibson’s parents did not disclose the full extent of her medical conditions to Brown.
“This case isn’t about whether Ayla died tragically. This case is about whether Ayla was vulnerable, about whether she had a viral pneumonia with other viruses, whether she exhibiting signs that indicated that she had this breathing disorder that was maybe irritating other things,” Hicks said.
The court also heard from a former police officer with the Columbia Police Department, Jacob Roberts. Roberts testified that he responded to Brown’s at-home daycare shortly before 10 a.m. on May 25. Prosecutors also showed body camera footage from Roberts from the scene that showed Roberts finding Brown performing CPR on Ayla, who was lying on a table in the basement of the home.
Shortly after, Brown is heard talking to Roberts in which she claimed she had found Gibson, who was unresponsive after about a 20 minute nap. Buchanan had claimed during her opening statements that Gibson was found almost two hours after her nap. Hicks stated during his opening arguments that Brown later retracted that statement.
Missouri law requires that anyone caring for more than six children be licensed. Brown allegedly had 12 children in her care.
Body camera footage shown in the courtroom on Tuesday also shows Brown tell Roberts that there were seven children at her daycare at the time. Prosecutors made it a point to address that at least 10 children, could be seen from a screen shot of Roberts’ body camera footage, including Gibson who was in the other room on the table at the time.
During cross-examination of Roberts, Hicks played a second body camera video that showed Brown on the phone and talking to police on scene. He said this showed that Brown was not trying to hide the fact that there more than six children at her daycare at the time. He also asked jurors during his opening statement to consider why there may be extra children at the time, claiming school had just ended the day prior and parents had asked Brown to watch them.
Brown is also accused of lying to police and saying she found the baby not breathing while lying on her back in the crib. Court documents also claim that Brown was running an unlicensed daycare and did not qualify for any exemptions.
Hicks played body camera footage for the court room on Wednesday in which Brown can be heard retracting that and later telling police that she did not find her on her back.
Photos taken by Roberts on scene also showed the crib Gibson was napping in that appeared to have loose blankets and a pillow.
The state also called Gibson’s mother, Leah Salisbury to the stand. Salisbury testified that she told Brown that Gibson had a viral lung infection and needed to sleep on her back, as instructed by her doctors. Prosecutors also asked Salisbury about text messages exchanged between the two that showed Gibson sleeping while lying on her stomach.
Hicks showed the courtroom the text messages, where Salisbury can be seen replying to the message stating “that’s great.” Salisbury testified that she did not feel comfortable after seeing the photos and later told Brown again in person to put Gibson on her back while she sleeps.
Hicks also questioned why Salisbury allowed Gibson to continue going to the daycare when she was aware there were dogs and the pet dander could possibly impact her infection.
Gibson’s grandmother and several doctors who saw both Gibson and Salisbury also testified Wednesday morning.
The trial is expected to last four days. Court is expected to pick back up Thursday morning around 8:45, where the state will call its last witnesses.
Brown faces three-to-10 years in prison, if found guilty.
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