Article reads: NAPLES, Fla. - Five-year-old Quentin Maulsby is autistic, and for a while, Cherie Landowski believed she was the reason why. In March 2010, Landowski beat a fussy Quentin, then 5 months old, over the head with a bottle so hard that it put him in the hospital. Prosecutors, Landowski said, convinced her that Quentin’s injuries caused his autism, so she took a plea in June 2013 that resulted in a 10-year prison sentence. But months after accepting her plea agreement, Landowski learned something she never knew: Quentin’s younger brother has been diagnosed with the disorder, too. Related article: North Naples baby sitter gets 10 years in prison for hitting infant in 2010 Now, the 28-year-old baby sitter is asking to have her plea withdrawn or prison sentence reduced by four years. She says the new information about Quentin’s brother — discovered in an article published by a northern Iowa newspaper — proves genetics, not a bash on the head, is the source of Quentin’s diagnosis. A Collier judge has started considering procedural motions related to Landowski’s case, though no date has been set to argue her ultimate motion for post-conviction relief. “We relied at sentencing on evidence that we now know wasn’t the case,” said Landowski’s lawyer, Donald Day. Landowski faces a potentially tall task in getting her plea agreement thrown out or changed. Although Landowski believes prosecutors built their case on the theory that blows to Quentin’s head caused his autism, prosecutors refute that. In a response to Landowski’s motion for post-conviction relief, Assistant State Attorney Carrie Pollock notes that three doctors testified in depositions that they didn’t know of any link between inflicted head trauma and autism. “The allegation of newly discovered evidence in this case is conclusively refuted by the record,” Pollock wrote. Related photo gallery: Babysitter sentenced to 10 years in beating of toddler Investigators said Landowski had been baby-sitting Quentin for several weeks leading up to his hospitalization. During that time, Landowski repeatedly authored Facebook posts about the infant, writing that he was a “definitely spoiled” child who “cries for EVERYTHING,” and calling him “WAY too high maintenance!” Related photos: Cherie Landowskis comments on Facebook That frustration erupted in March 2010, when Landowski beat Quentin over the head, causing him to vomit. Quentin was hospitalized and diagnosed with closed-head injuries, including bleeding on the brain. When Quentin was diagnosed with autism, prosecutors and Landowski’s lawyer questioned at least three doctors during three pre-plea agreement depositions. In all three cases, the doctors said there they weren’t aware of any medical studies tying closed-head injuries to autism — but all three said they weren’t well-read on the topic. “I definitely think it’s probably a highly debatable subject,” said JoAnn Seeman-Smith, a psychologist based in Iowa, where the Maulsby family relocated after the assault. “I don’t know specific research that I could state on both sides at this time.” Related story: Deputies: North Naples babysitter charged with sending 5 month old to hospital with head injury Another doctor, John Wright, director of Broward County’s Child Protection Team, left open the slight possibility that head trauma could be linked to some form of autism. “I can’t cite (studies) from the top of my head, but I do think that head injury is a risk factor for any kind of neurological problem,” Wright said. “It’s not going to cause classic autism, and there’s a lot of forms of autism, there’s a lot of different things that cause autism.” Day said such open-ended responses, combined with conversations involving prosecutors, led Landowski to believe the purported autism link in June 2013. But one month later, a newspaper near the Maulsby family’s hometown in northern Iowa, the Globe Gazette, wrote about the family. In the article, the author noted Christina Maulsby has two sons with autism, and Quentin is her oldest son. Related article: Infant victim of suspected abuse released from hospital Even if it could be proven that Landowski didn’t cause Quentin’s autism, prosecutors said it doesn’t matter. Florida’s aggravated child abuse law only requires prosecutors to prove Quentin suffered “great bodily harm,” which was evidenced by Quentin being diagnosed with bleeding on the brain, prosecutors said. Landowski’s motion doesn’t address Quentin’s subdural hematoma diagnosis, but Day said he expects to argue that Quentin’s injuries don’t qualify as “severe” under Florida law. Day said Landowski accepted her plea with the understanding that Quentin’s injuries were labeled as “severe” by prosecutors. That determination of “severe” injuries, as opposed to the lesser finding of “moderate” injuries, increases Landowski’s mandatory minimum prison sentence — if convicted by a jury — by just over one year. “Under Florida law,” Day said, “bruising and fracturing isn’t necessarily a long-term, permanent injury that qualifies as severe.” Edited · Like · More · 5 minutes ago Write a comment...
Posted on: Mon, 12 Jan 2015 02:17:07 +0000