By Patrick Tepoorten

Waiving the right to a speedy trial at a Dec. 27 motion hearing, attorneys for Jason Nordin, 22, North Branch, asked for and received a jury trial continuance until April 7. Nordin is facing a count of second degree murder in the death of his son, Joshua, four-months-old, for actions alleged on Aug. 16, 2006. Resultant injuries from the incident have been described as consistent with "shaken baby syndrome."

According to the case file, the motion for continuance, filed by attorneys K. Scott Belfry and William Robyt, is two-fold. First, Dr. John Plunkett, called a "critical" witness for the defense, was unavailable to appear at the previously scheduled Jan. 7 trial start due to scheduling conflicts.

As well, defense attorneys noted a need for three additional witnesses, Pediatric radiologist Dr. Katherine Keller, pediatric neuroradiologist Dr. Patrick Barnes, and forensic pathologist Dr. Peter Stevens.

According to the American Bar Association (ABA) Journal (Dec. 2005 issue), Plunkett is a forensic pathologist from Hastings, and has testified or consulted in hundreds of cases involving allegations of shaken baby syndrome. He is also the author of "Fatal Pediatric Head Injuries Caused by Short-Distance Falls," a 2001 study published in "The American Journal of Forensic Medicine and Pathology," which concluded that symptoms commonly associated with shaken baby syndrome can be evident in a simple fall of less than three meters.

The ABA Journal referred to Plunkett as the "a leading critic of shaken baby syndrome and a thorn in the side of child abuse prosecutors."

Attorneys for the state, led by Assistant Attorney General William Klumpp, objected to the continuance, but it was granted by 10th District Court Judge John R. McBride. However, the case file notes that McBride insisted there be "no further continuances" of the trial.

McBride also ordered that defense attorneys provide the state full discovery, tests, and expert opinion produced by new witnesses.

Pre-trial in the Nordin case is scheduled for March 18, at 9 a.m.

Nordin is also facing charges of first and third degree assault related to evidence of previous injuries.

Comment from KUpcraft, 1/10/08

Questions always lead the way to truth, although the truth may have to uncovered. It time to take a harder look at the SBS rubber stamp that some doctors use. Call for factual scientific data for this "theory", before it is used to destroy another families life.

Comment from Judy Joyce, 1/10/08

Shaken baby syndrome (SBS) is gaining international attention due to the alarming number of alleged cases as well as recent events scrutinizing the validity of SBS in the UK and Canada. Three symptoms—retinal hemorrhage, subdural hemorrhage, and cerebral edema, have been widely accepted as diagnostic of the "syndrome." In recent years, researchers and physicians have conducted further studies and have found that other conditions can mimic what was classically coined as SBS. Exhaustive medical investigations are seldom conducted to rule out other causes such as underlying diseases or conditions. In both Daubert and Frye hearings, SBS has recently been disqualified as a diagnosis able to establish legal guilt.

New research needs to be conducted to ensure that no one is sent to prison because of a false accusation. New protocols need to be implemented within social and police agencies to guide investigations of possible child abuse. New standards need to be incorporated at hospitals requiring exhaustive investigations for all possible causes of injury when SBS is suspected. All SBS cases need to be reopened to ensure abuse did in fact occur and was not merely assumed to have occurred. Those who have been wrongly accused should not continue to serve harsh penalities for something they did not do. Unless the innocent are protected from wrongful accusation and conviction, there is no justice. Few defendants can afford the legal costs or the costs for expert testimony, without which convictions are virtually assured.

Glad to see the likes of Dr. Plunkett and Dr. Stevens are involved in the defense.