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Posted by: kwflatbed

SJC To Hear Appeal From Strickland

SPRINGFIELD, Mass. -- A man accused of beating his stepdaughter has asked the state's highest court to prevent the girl from being removed from life support.

The Supreme Judicial Court is scheduled to hear an appeal on Dec. 6 from Jason Strickland, who is fighting the state's request to let 11-year-old Haleigh Poutre die. Haleigh has been virtually brain dead since she was hospitalized on Sept. 11 with brain stem injuries that authorities say resulted from abuse.

Strickland and his wife, Holli Strickland, were both charged with beating Haleigh. But Holli Strickland, Haleigh's aunt and adoptive mother, died less than two weeks later alongside her grandmother in what police say was either a double murder or a murder-suicide in West Springfield.

If Haleigh dies, Jason Strickland could face murder charges.

The state Department of Social Services now has custody of Haleigh, and has filed a do-not-resucitate order in Juvenile Court that also seeks to end her life support. Haleigh has been described in media as being on a ventilator and feeding tube.

DSS spokeswoman Denise Monteiro would not comment about Haleigh's life support. She said the girl is still hospitalized in critical condition, and said DSS officials speak frequently with her biological family.

The case has been impounded by a judge in Juvenile Court, and details have been kept private.

One of the issues the SJC will consider is Strickland's request to overturn the impoundment order, which prevents Strickland's lawyers and DSS officials from discussing details of the case.

"Mr. Strickland is very concerned about the end of life aspect," said John Egan, one of Strickland's attorneys. "He thinks these decisions should be made publicly."

Strickland is also asking the SJC to let him be considered Haleigh's de facto parent, and wants the court to allow him to participate in a hearing about the do-not-resucitate order.

Strickland, who lives in Westfield, has pleaded innocent to assault and battery on a child with substantial injury, assault and battery with a dangerous weapon, and assault and battery.

His next court date on those charges has been set for Dec. 2.

According to court documents, Haleigh was declared "virtually brain dead" when Jason and Holli Strickland brought her to Noble Hospital in Westfield. Greg Schubert, who defends Strickland on the assault and battery charges, has said Haleigh suffered from a disorder that caused her to injure herself.

Copyright 2005 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Posted by: RPD931

Quote:

"Mr. Strickland is very concerned about the end of life aspect,"

He's just not concerned with the "during life" aspect. This guy is obviously only trying to save his ass from a murder charge. Even if some miracle happens and she does pull through, I think attempted murder charges should be filed.

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Posted by: kwflatbed

Records: Healing from coma, fingers stepdad

Haleigh Poutre has made a miraculous return from death’s door and begun working with prosecutors to build a case against the stepfather charged with beating her into a coma in 2005, according to court documents.
But lawyers defending Jason Strickland are already questioning whether Poutre, 14, of Westfield is competent to testify in light of her injuries, which Strickland is accused of helping to inflict.
“This is a unique case (for) someone who has literally risen from a deathbed coma to be able to now implicate her abuser,” said defense attorney Tim Burke, a former Suffolk prosecutor. “It is nothing short of extraordinary.”


Photo by File
Haleigh Poutre

Poutre, who was nearly pulled off life support by the state two years ago, has undergone a miraculous recovery and is now “making statements alleging abuse” by her stepfather, lawyers said.
But the allegations made by Poutre from her hospital room at Franciscan Hospital for Children in Brighton are being questioned by Strickland’s attorney. Strickland and Poutre’s adoptive mother, Holli Strickland, were both accused in the 2005 pummeling.
“This creates issues concerning competency and (Haleigh’s) ability to testify and recall events in light of her severe head trauma,” Alan J. Black wrote in a Hampden Superior Court motion that requested a trial delay.
Black’s motion indicates that a 51A complaint, with new allegations against Strickland, was forwarded to him by Hampden District Attorney William Bennett. A 51A is a report of abuse or neglect filed with the Department of Social Services. Bennett is not commenting.
News reports last year indicated that Poutre could eat, write, and flex muscles, all activities that doctors once said would never be possible. She remains in DSS custody.
Wendy Murphy, an attorney for Poutre’s biological mother, Allison Avrett of Agawam, said her recovery is unbelievable.
“Look at her now,” Murphy said. “She’s on the verge of becoming a witness in a judicial proceeding.”That’s pretty impressive.”
The case sparked a passionate right-to-die debate when, eight days after Poutre’s beating, DSS sought a court order allowing her to be removed from life support.
Over Jason Strickland’s objections, in January 2006, the Supreme Judicial Court ruled that DSS could remove Haleigh from life support. The next day, DSS announced that Poutre was breathing on her own, and it had halted plans to remove her feeding tube.
Anne Goldbach, forensics services director at the Committee for Public Counsel Services, said it’s reasonable for Black to question Poutre’s competence and request medical records and exams.
“We don’t know what damage has been caused to her brain,” she said. “We don’t know how that affects her ability to recall, her ability to perceive, her ability to relate.”
Jason Strickland, who faces multiple assault charges, was released on $25,000 bail in September 2005. He goes to trial Oct. 11.
Holli Strickland, who was also charged, died less than a month after her arrest in a murder-suicide with her grandmother.

Haleigh stuff:

• + Haleigh’s ordeal
• + Doc: Chance of recovery rare, but possible

http://bostonherald.com/news/regiona...icleid=1076493

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Posted by: justanotherparatrooper

Wow

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Posted by: mtc

In an ideal world, she'll continue to progress, grow up, go to college, get her degrees, and take over DSS.

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