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State v. Jones1/2/2003
This case relates to the victim's being burned by hot water in a bathtub. LaSonya Ellis, the victim's mother, testified that in September 1999, she lived in an apartment with the defendant and her two sons, the victim and Kyrus, who were about two and four years old respectively at the time of trial. She said that she and the defendant had lived together for about six months and that they were engaged. She said that on September 1, 1999, the defendant agreed to watch her children while she was at work. She said that she went to work at 7:00 a.m. and that the boys were fine at that time. She said that about 2:15 p.m., the defendant telephoned her at work and told her that she needed to spank Kyrus because Kyrus had burned the sixteen-month-old victim.
Ms. Ellis testified that she went home immediately and found the victim lying face down on a pillow in the living room. She said that skin was peeling off the victim's leg and that the victim had a black eye and a busted lip. She said that Kyrus was naked and sitting on the couch and that she did not see any injuries to him. She said that the defendant told her that Kyrus had put the victim in the bathtub and that the defendant was jumping up and down, hitting himself in the head, and saying, "I'm going to jail. I'm going to jail." She said that she took both of her children to the South Methodist Hospital emergency room and that once a doctor started treating the victim's burns, the doctor realized the victim needed to be transported to LeBonheur Children's Medical Center. She said the victim was in the hospital for about a month and had three surgeries on his legs.
Ms. Ellis testified that although the victim was younger than Kyrus, the victim weighed more than his brother. She said that she had never seen Kyrus pick up the victim and that the boys were not allowed to take baths unattended. She said that the defendant had been in the boys' lives for about nine months and that she did not allow him to discipline her children. She said that the defendant often played with Kyrus but did not have much to do with the victim. She said that in the days before the victim was burned, the victim did not want the defendant to hold him and would cry if the defendant came near him.
On cross-examination, Ms. Ellis acknowledged that she had wanted to live with the defendant because he was a good man and loved her children. She said that he had a job and that they combined their incomes to pay monthly bills. She said that she and the defendant were planning to get married and that they had saved money for a honeymoon. She acknowledged that she had never seen the defendant spank or mistreat her children and that she had not been afraid to leave her boys with him.
Ms. Ellis acknowledged that the defendant told her the following: On the day the victim was burned, the defendant was going to take a bath. As he was running water into the tub, the doorbell rang, and he went to answer it. While the defendant was at the door, Kyrus and the victim went from their bedroom into the bathroom, and Kyrus put the victim into the bathtub. The defendant heard the victim crying, went into the bathroom, and saw the victim sitting in the tub. Kyrus was standing in the tub, and the victim was struggling to get out of it. According to the defendant, the victim may have gotten his black eye and busted lip from trying to get out of the tub. She testified that she did not believe the defendant's explanation for the victim's injuries.
Ms. Ellis acknowledged telling someone that when she would draw a bath for herself, Kyrus would want to get into the tub and that the victim would follow Kyrus. She also acknowledged that the commode was besi
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