CHRISTIE'S FINAL SUBMISSION installment 9 Sergent, Gardiner and Alexander / 499

On Friday we published points 21-26 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is a public document. This is the ninth installment in a brief series of quotations.

Today in Christie's own words, here are... Submissions and Analysis, points 26-29 continued ….

A GRIEF OBSERVED / Part 332 / For Love and For Justice / Zabeth and Paul Bayne

A Grandmother and a grandfather sat helplessly. Yesterday I described the small court room in which Mr. Jensen delivered the final hours of his Summation. The judge's bench and the clerk's desk and the table and chairs of the legal staff and defendants comprised most of the space. Of the nine remaining chairs, two were occupied by these grandparents. Zabeth's parents they are. I paid attention to them because I too am a grandparent, proud of it, loving the relationships with little people that it provides to me. I am special because those grandchildren are extraordinary. I, however, have unfettered access to my grandchildren. These two people do not.

So I watched them as the Jensen words cut them deeply. They sat motionless, staring ahead, no longer shocked by what they were hearing because they have grown accustomed to their savage sound. They were grieving I thought, hardly bearing the insinuations against their daughter or her husband, perhaps imagining the worst possible outcome of this hearing.

Jensen pointedly directed Judge Crabtree that (1) his honour must find that there is need for protection, and that (2) he must therefore order the Continuing Care of the children. With such intense statement of objective, I found it interesting that Jensen then mentioned that contrary to what some people were saying, there are more than two possible rulings from which Judge Crabtree may select his verdict. In fact he said there is a host of alternative rulings beside either a CCO or giving the children back to the parents. Among these he suggested that Judge Crabtree might issue a Temporary Care Order, or a Period of Supervision, or place them in temporary care while the parents take further steps to satisfy the Ministry that they are indeed risk-free as it were. These were proffered to the Judge it appeared, as considerations should the judge come to the conclusion that the risk is still there but that the CCO is too final for this particular case. Who knows the precise motivation other than Jensen? But he did underscore that there should be no misunderstanding, that the Director's desired and appropriate ruling is a CCO. Yet Jensen implied that these other options might be considered. The Judge asked for some guidance on a Last Chance Order and that definition was discussed for a few moments.

Now all of this was at the conclusion of the first couple of hours during which Jensen reestablished Dr. Jane Gardner's paediatric ophthalmology qualifications and revisited her testimony concerning how she arrived at her diagnosis of the injuries, her opinion about extent of force needed to produce these injuries, her reactions to the hypotheses of the Baynes' experts. Then he focused upon Dr. Alexander's credentials and testimony, the foundation for his opinions being clinical records rather than information from Dr. Colbourne Jensen said. Alexander had disagreed with any theories that a short fall and particular that of a toddler upon the reclining infant could produce the extent of injuries Baby B sustained. Those injuries included subdural hemorrhages on both sides of the brain, retinal bleeding, a skull fracture and a chip off the long bone of the left femur. His testimony was that this was only due to a blunt force impact together with acceleration and deceleration. He even said that this force was the equivalent of that experienced in a car crash or a large fall from a great height, or child abuse. Well that's mighty frightening if it is to be believed. But that is precisely the obstacle. It does not have to be believed because it is still one man's theory against how many was it? Ten experts. Whose expertise Jensen discounted for numerous reasons stated in court. And that is his job. And the Judge's responsibility will be to conclude what and who is believable. What can be viewed as definitive?

Oh, I know, I know, Jensen would quickly respond to that. I will share again more of the Jensen summation tomorrow although I feel I have given him far too much air time or blog space. The transcript of these several days of Jensen are being prepared now.  

MEDICAL HISTORY PART 2 of 3 / Part 234 / For Love and For Justice / Zabeth and Paul Bayne/

Providing it in several parts, this will be as definitive a medical history on the Bayne infant as you will read online.

At the start of the MCFD hearing for a continuing care order for all three Bayne children, Judge Tom Crabtree in his wisdom ruled that there would be no ban on information presented during the court proceedings. The medical reports are a component of the submissions presented during cross exmaination. I have access to this information. Medical testimonies have been heard although not all of them have been ruled as admissible by Judge Crabtree.

This is what I have read. I have chosen not to do a narrative but to cite the medical data factually. I RESTATE OR CAPITALIZE A FEW KEY OBSERVATIONS.

Dr. Anquist: Baby B remained at MSA Hospital from October 6-9 in the care of Dr. Warren Anquist, during which time tests were done and cultures remained negative so she was discharged. His note mentions that Baby B was okay until ten days prior when she was on the floor and seemed to whimper. THERE IS MENTION OF THE BROTHER STUMBLING UPON HER. She vomited and struggled to breath. He says her fontanelle was full but not bulging. He notes poor feeding and regurgitation. He notes some concern about POSSIBLE INTRACRANIAL BLEEDING and suggests observation of serial head circumference. Her overall tone was reasonable. CURIOUSLY (in this medical note) DR. ANQUIST MAKES A NOTE ABOUT PAUL BEING RECENTLY LAID OFF FROM HIS WORK IN A FOUNDRY BUT DOING WEB DESIGN NOW AND ZABETH TEACHING PIANO AT HOME. ( In fact he did not do web design but hand drawn sketches and was offering drawing classes.)

Dr. Ebesh: Dr. Ebesh followed up with Baby B on October 16^th. He noted that her HEAD CIRCUMFERENCE HAD INCREASED TO 40 CM. (up from 33 cm at birth). He made arrangements for a head ultrasound and a CT scan which revealed bilateral subdural hemorrhages and fluid collections.

Dr. Numweiler / CT Scan: On October 18, 2007 Baby B (2 mo and 15 days old) was admitted to Chilliwack General Hospital for a CT/Head scan conducted by Dr. Christine Numweiler. Prior to the scan the doctor was provided with a history of the child's trauma and sub-acute subdural hematomas. She found bilateral pan hemispheric subdural hypo attenuating fluid collections and a left extra-exial cerebellar hypo-attenuating fluid collection that she viewed as consistent with subdural hematomas.

Dr. Colbourne / Paediatrician / Child Protection Service Unit / BCCH

On October 18, 2007 Dr. Colbourne reported her findings to Loren Humeny (MCFD) and Hope RCMP Constable Taylor. She notes that the parents have recounted a mid September episode in which a sibling brother fell on Baby B with heads colliding. Baby B cried but had no signs of bruising or swelling. She was checked by a family doctor the following day. She appeared well. Colbourne records that the family estimated it was a few days later that Baby B vomited and developed an unusual cry. She even appeared to the parents to go limp and pale and in need of mouth to mouth breaths. (Dr. Colbournes summary missed the following detail perhaps because she was not informed about it: Paul performed CPR on Baby B at home and then Zabeth performed CPR in the van on route to the hospital.)  The family took the baby immediately to Hope Hospital. Although shortly she looked well and was discharged, the parents said she did not feed and so they returned with Baby B to the hospital. She was assessed and transferred to MSA Abbotsford. She notes that Paul's father had childhood epilepsy which resolved in adulthood. There's a suggestion of a venous bleeding disorder in the maternal grandfather. Colbourne herself found that Baby B did not follow with her eyes, the fontanelle was bulging and sutures splayed. Head circumference measured 41 cm. She handled well and all four limbs moved well. With the CT scan from MSA Hospital and the ophthalmologic results from Dr. Gardiner and the MRI from Dr Poskitt, Dr. Colbourne concluded that Baby B had VERY LARGE CHRONIC SUBDURAL HEMORRHAGES, EXTENSIVE UNILATERAL RETINAL HEMORRHAGES AND A FRACTURED PROXIMAL LEFT FEMUR. THESE SHE FOUND TO BE INDICATIVE OF INFLICTED TRAUMA AND CONSISTENT WITH A SHAKING TYPE OF INJURY. SHE SURMISES THAT THE COLLECTION OF FINDINGS POINT TO A TRAUMA PRIOR TO SEPTEMBER 26^TH PRESENTATION. SHE REPORTED THIS TO MCFD AND THE POLICE.

Dr. Gardiner / Ophthalmology: Dr. Jane Gardiner, (paediatric ophthalmology) examined Baby B on October 19^th because, as she was informed, there was presumed non-accidental injury. She had retinal hemorrhages on the left side. Her visual attention was questionable. As she wrote this note to Dr. Cochrane on Nov 6, 2007 she had examined the child again that day and stated that she WAS NOT CONVINCED THAT THE CHILD COULD SEE, not responding to bright lights or follow the OKN drum reliably either horizontally or vertically. She still had a subhyaloid hemorrhage temporal to the macula and may have macula damage. There were faint deeper hemorrhages temporal to this. Most earlier hemorrhages had been resolved. SHE CONCLUDED THAT THE CHILD WAS INAPPROPRIATELY VISUALLY ATTENTIVE FOR HER AGE and referred Baby B to Dr. Carey Matsuba.

Part 3 of 3 tomorrow