HOW SIMILAR CAN IT BE? ONLY AT FIRST GLANCE / 540

The city of York, Nebraska is located 54 miles from Lincoln, and Gresham is half way between, a bit north and east. The Koziseks live in Gresham.

Ryan Kozisek

On April 19th 2011, the York News source of York Nebraska published a story about a young father, Ryan Kozisek (29) of nearby Gresham, Neb., who was compelled to enter a plea with regard to his infant daughter’s death. She died on January 24, 2011. He pleaded not guilty to felony child abuse. This is again a shaken baby allegation, and in Ryan’s case, he is facing two charges. The first is called a Class 1B felony, consisting of child abuse that has resulted in death. The second charge is called a Class 2 felony which is child abuse that results in serious bodily injury. The latter charge relates to an accusation that two weeks prior to his daughter’s death he abused her causing a skull fracture. Further, Children’s Hospital physicians recorded the discovery of ‘older injuries.’
If convicted of the first charge, Ryan faces 20 years to life in prison, and on the second charge 1-50 years imprisonment.

When first responders arrived at the Kozisek home on the 24th of January, Mr. Kozisek told them that his two-year-old daughter accidentally fell on the infant baby from a foot stool and that caused the injuries. Medical professionals said that the baby’s injuries were inconsistent with that kind of accidental fall and further stated that all the indicators pointed to shaken baby syndrome.

Ryan Kozisek's affidavits

Ryan Kozisek’s trial is scheduled for September 13, 2011. I have cited his story and the unfortunate death of this small child, not to suggest an opinion about the accused’s guilt or innocence. Rather I wish to underscore this case as an example of the regrettable prevalence of grievous infant injuries, as well as the propagation of the ‘shaken baby’ tag which I still believe is a regrettable term. Regrettable because by virtue of the nomenclature it is a diagnosis which immediately infers culpability and guilt before the legal presentation of supportive evidence. The public reporting of an incident with this tag prejudices the investigation and the perception of the accused. The alternative term ‘non-accidental injury’ as a medical opinion may be more amenable to fair treatment of the principle caregivers. I also cited the story because some have thought that there is a strong resemblance to the descriptors in the Bayne Case. I disagree. While there are the similarities that I mention below, there are numerous details in the Kozisek story that stand it apart from the Bayne case.

Paul and Zabeth Bayne also claimed it was a short fall of a toddler on to an infant child.
The injuries to their child were also diagnosed as shaken baby syndrome.
The baby’s skull was fractured and there was internal bleeding.
The injury was almost two weeks old as well before it was diagnosed as SBS, but in the Baynes' experience they had unsuccessfully tried several different hospitals for help over several days for their struggling daughter. The Baynes too, claimed innocence.

We are grateful that the Bayne baby did not die, or suffer irreparable damage but has been recovering with great success and is now four years old. We are grateful that the Baynes were not charged with a criminal act and tried on that account. We are grateful that in the 2011 ruling by Judge Thomas Crabtree, the shaken baby accusation with regards to them was dismissed. We are grateful that the Baynes have not surrendered to despair but have continued to demonstrate that they are responsible, highly principled people who have every desire, intention, and ability to raise their children safely and well when they are given that opportunity once again.