by Health Impact News/MedicalKidnap.com Staff
A Massachusetts father faces up to 15 years in prison after being convicted of Shaken Baby Syndrome. Sentencing is set to occur on September 24. The testimony of child abuse specialist, Dr. Alice Newton, played a major role in his conviction. She is the same doctor who accused Justina Pelletier’s parents of medical child abuse so that the state could medically kidnap Justina. Her testimony was behind 2 other cases of parents spending time in jail for Shaken Baby Syndrome – cases which were later overturned and dropped.
The concept of Shaken Baby Syndrome itself has been widely criticized in recent years, and called “junk science” by a number of experts.
Mainstream Media Finally Exposing Shaken Baby Syndrome as False Diagnosis – How Many Innocent Parents Have Suffered?
Daniel Green has already spent 2 years in the Middleton jail, and 2 years away from his young son Brandon. He says that there have been many lies presented in his case, and he has expert opinion from physicians to back him up.
Mr. Green’s mother recently contacted Health Impact News, reporting that a family history of hydrocephalus and BESS (benign enlargement of the subarachnoid space in infancy) was ignored, yet Brandon had it. She alleges that Dr. Newton lied on the stand about the case:
I need help in stopping Alice Newton, she committed perjury during this trial. My son was therefore found guilty. I am attempting to get a mistrial called in his case and also trying to get custody of my grandson.
Daniel Green recently presented his side of the story to A Miracle for Us, and we are sharing it here.
… This message is to update my true friends and family about what’s going on with this nightmare, that I call a life.
So I’m sure most of you have read the newspaper. I never in my life realize that a newspaper can literally lie about you. Not just stretch the truth. I will admit that it’s the DA that is lying in the paper is just favoring the prosecution. So the bottom line is the Salem newspaper lied and took things out of context. I did not read all the articles, but I was told a lot of it was bullshit! As I said before my true friends can tell what’s true and what’s not.
Okay, so I’ll start by saying this is not an easy thing for me to explain only because I do not know what happened to Brandon. I was not at home with him the day of 11/27/2012. He was with his mother and maternal grandmother most of the day in Gloucester. I was working on my jeep at the shop in Salem all day. Around 4 PM I got a call from Samantha saying that Brandon saw his pediatrician and got a prescription for a nebulizer and that a guy is going to drop it off at our hotel. I asked how he was feeling and she started crying and saying she doesn’t know and that I “leave everything up to her.” And that I “need to help with the kids more.” I told her that I’m trying to fix the Jeep so we can sell it and move out of the hotel. She said she was almost at the shop and to be ready to leave when she got there. I asked what was the hurry? She said she wants to bring Brandon to Beverly Hospital because he’s “coughing and wheezing” a lot. She said she won’t bring him alone because they keep sending her home. I said, “why don’t we give him his nebulizer treatment?” She said NO she won’t sleep with him having trouble breathing. I said, I agree. She picked me up and we went home. She asked if I would watch Brandon while she went to get milk and filled the prescription for Brandon’s nebulizer. I said I need to shower because I have car grease all over me. She got mad and put Brandon’s car seat down and said she was leaving! That she would be back soon and that the guy with the nebulizer would be by anytime now. I picked up Brandon and said he seems to be breathing just fine. She said “NO! He’s Not! He keeps wheezing”. I asked if he needed a bottle. She said “no let him sleep”. I said okay.
She left, I put Brandon in his crib. He was sound asleep so I jumped in the shower. After my shower I was on the computer talking to a friend of mine from San Diego. There was a knock on the door and I answered it. It was the Guy who was dropping off the Nebulizer for Brandon. He said his name was Stephen and he was looking for Samantha Green, he had a Nebulizing machine for her. I let him know Samantha was my wife that she should be home soon. Stephen asked me if I had ever used a Nebulizer previously. I told him I had, that my oldest child approximately a year ago needed to use one for a while. Stephen stated that’s good, we won’t have to wake up the little guy. He looked around at the hotel room and asked why we’re in a shelter. I told him how we got evicted in Rockport and we’re trying to get a new place but I was out of work and behind in my child support payments. Stephen said he “knows how that is”. I was embarrassed because Sam had not done any cleaning and there were clothes and Barbie dolls everywhere. I talked with Stephen for a while just being friendly and shooting the shit about cars and stuff. Brandon started to fuss a little, so I picked him up and held him against my chest and patted his back, and he fell back asleep. Stephen commented on how he was a cute kid. After that he said he had to go and good luck. Stephen left the Nebulizing machine on the bed and then left. About two minutes later Samantha and Lexi came in with some bags from Walgreens. I told her the guy brought the nebulizer and she said “I know I saw him in the lobby”. I asked Samantha what she wanted to do because I was tired. She said, “I want to bring him to the ER. He hasn’t been breathing well for days and I want him to be on the O2 monitor to see if his O2 drops again.”
Brandon had problems with his O2 levels a few times, so I agreed. We got ready and left for Beverly ER. I think he had a bottle before we left. Or maybe it was in the waiting room at the ER. I can’t really remember. Anyway, we waited like a half hour and then the doctor checked him head to toe. The Doctor listened to his chest and said he had some coarse breaths from bronchiolitis. I explained how my wife had been to the ER four times in two weeks and that she keeps being told he’s okay and to just take him home and watch his breathing!!! I told her how Brandon had his O2 levels drop when he was in the NICU back when he was only a week or two old and that it happened again on 11/23/2012 when he was here at Beverly Hospital. I told her that my wife is very stressed about his breathing! I think it was after this conversation that the Doctor finally agreed to admit Brandon overnight to monitor his O2 levels. (see ER report from 11/27/2012)
Keep in mind this was his condition. The last time he was in our physical care. By this point in time on this date Brandon has had two VERY complete head to toe physical exams! He had one in the late afternoon by DR. Stockman in Gloucester, who ordered the Nebulizer for Brandon. The Second one by DR Becker at 6:37 in the Emergency room of Beverly Hospital!!!
The report clearly states that besides the cough and bronchiolitis and a rash in his left armpit (this rash that he had a prescribed cream for would later be twisted by the DA into being a “bruise”). Dr. Stockman clearly explained to the judge during trial, that this was a rash and could never be mistaken for a bruise the DA as well as Dr. Newton told the court that Brandon was “covered in bruises,” to include his thigh, his flank and his abdomen. However, there were no pictures of these bruises and I certainly never saw them. Plus the two doctors and numerous nurses who cared for him on 11/27 did not report that he had bruises. In fact, the report says his skin was “clear” except for the rash in his armpit. Now, one would think that if a three-month-old baby were to be seen and examined by his pediatrician, and found to have bruises on him. His pediatrician would note this in his report and immediately call DCF. Right? Yes, I think so! But there were no bruises on Brandon and Dr. Becker even said he was “fine to take home”. She would not have said this about a baby with bruises. But, of course, if the ADA says the baby had bruises then you can bet your life on it that the reporter from the Salem News is going to report just what the ADA tells her word for word!!! And the Salem News will report whatever their reporters write up!!!
Look, it’s clear as day when Brandon arrived at Beverly Hospital. He was physically perfect except for a rash under his arm. Isn’t that why they date/ type reports?
If you look on the emergency room report, page 2 of 2, at the end of the report, on the left side, you’ll see typed DD: 11/27/2012. DD stands for date dictated. You will also see below that TD: 18:37 P, this stands for time dictated and 18:37 P is equivalent to 6:37 PM. This is important to note because the DA as well as the paper lied and stated the report was from 11/28/2012 and you can clearly see it also says DT: 11/28/2012 (date transcribed). My point is 2 things. If it was a report from 6:37 PM on the 28th, it would not say he was a “well appearing baby”, because by the 28th he was far from well. Now why would they lie about that? Simple, because if we brought Brandon to the ER at 6:37 on the 27th, that put me outside of Dr. Newton’s timeline. She said Brandon’s injury had occurred a half-hour to 3 or 4 hours before Brandon’s 1st seizure activity, which was at or around midnight on 11/28. So of Dr. Newton is correct. Brandon was injured between 10:30PM and 2:00 am on 11/27. I left Brandon and Samantha at Beverly ER at 6:37 PM on 11/27. So again, the DA lied and claimed we brought him to the ER at 11 PM on 11/27/2012. Even though the hospital record show us at Beverly ER at 6:37 PM. I guess Judge Ames chose to ignore this clear and convincing evidence! So does that mean I’m saying the staff at Beverly hurt Brandon? No. I’m saying what I’ve always said I don’t fucking know! But if you go by Dr. Newton’s timeline. Then she is saying his injury occurred at Beverly Hospital. Personally, I doubt the staff would hurt him, but I’m just going by the timeline. Dr. Newton and the DA swore to under oath.
I heard the paper said my lawyer blamed hospital staff. Well, another exaggeration and quite obviously taken way out of context. Again I’ll say it “I do not know the cause of Brandon’s injuries”. All I know is I was 100% not the cause. I have my guesses but I don’t think an accusation like this should be thrown around.
Besides the problem with the ADA’s Timeline there are other holes in the ADA’s case. One of those is the fact that Brandon was born with a condition known as B.E.S.S a condition that caused cerebral-spinal fluid to collect and build up around his brain. This can cause the same symptoms as shaking can with one exception. If a child is shaken he will have a whiplash injury always. But Brandon did not. At the end of the trial, the DA changed her story and claimed he did. This supposed injury did not exist. And this is clear in his MRIs and x-rays. There was never any report by any doctor of the neck injury of any kind. Judge Ames took this as evidence on the DAs word, not at all legal!! Brandon showed no signs of external injuries. No signs of intentional abuse!
My expert at trial, Dr. Scheller is one of the top child neurologists in the country. He reviewed all of Brandon’s medical records since birth. These were his findings. (See 2nd report). The findings in this report were explained in great detail in court with moving MRI images and it was obvious that Brandon had B.E.S.S. and ended up showing the symptoms of that disease. That is a very big coincidence. That is what I am closest to believing.
The only other option is that Samantha did something. I don’t like this option but I will say her action since Brandon’s injuries have not helped her. Let’s not get into all of it, but it really sucks that she has not helped me with this. She knows 100% that I did nothing but she lets me take all the heat and doesn’t even seem to care what the real source of his injury is? Doesn’t she care? Or want to know? Why did she not try to get custody of him? All she had to do was to do a simple service plan. She just doesn’t try it all. Then gets knocked up? WTF! You can’t just replace a child! I don’t know. It just doesn’t look right. The bottom line is she had Brandon all day long on the 27th. All day! I had him for like 30 minutes tops while she was at Walgreens and I get blamed? How’s that work? Sam told me she wanted to take him to the ER long before I had him! So how did I get found guilty? They can’t even prove if someone did do anything to Brandon on purpose, and if someone did, why me and not Samantha? Samantha actually does have a lengthy history and record with Cape Ann DCF for the neglect and abuse of Lexi, her oldest child. (An issue I didn’t know about until after this event) And I’m the one that gets convicted! It makes no sense! I have no record what so ever with DCF or any agency of ever causing harm or neglecting a child, EVER!!!
I do have a minor history with district court but no felonies!!! And any record I had with the district court would have zero relevance in this case. Samantha was Brandon’s caregiver all day. She was the stay-at-home parent. She was allegedly responsible for his safety. She picked me up from work and told me he was sick, that I had to leave and go to the hospital with them!! Someone tells me my son is sick and needs to go to the hospital well, then that is where I am going to take him. And that is what I did. And believe me the last thing on my mind would be that someone would accuse me of hurting my son because I have taken him to the hospital and insisted that they treat him, instead of sending us home again with a very sick baby!!! But that is exactly what happened. That was one of the questions that Judge asked my Lawyer when he was closing my case. She wanted to know why I insisted that the hospital admit Brandon from the E.R. My Lawyer failed to tell the Judge that the reason I insisted was that my MUM said I should and that if they didn’t then I should give her a call back and she would come down and raise holy hell with the hospital. As soon as the decision was made that Brandon was being admitted I called my mum and let her know.
This case and verdict is just so INSANE to me!!!! I lost trial because I got a judge who was not fair. She found me guilty because the ADA said I cheated on my wife and was behind in my child support and had a minor court history. Oh and let’s not forget why State Police Officer Ulrich said I was the only one who could have hurt Brandon. His reasoning was not based on an actual police investigation. NO his reasoning was, I am the man. Whenever there is a man in the house that is who is responsible, and that is who they charge. WTF kind of reasoning is that??? In the DA’s closing statement she made statements that were outright lies, based on the lies of Dr. Newton and the character assassination and perjury of the DCF social worker Maria Delany. However, none of what was said ever proved or even came close to even implicating that I would ever harm any of my children. (And any one that truly knows me knows I would NEVER harm or allow someone else to harm a child in my presence, whether that child would be mine or someone else’s). All that the DA presented in her closing statement was slander and hearsay. There is nothing in her case that met the legal basis of beyond a reasonable doubt!
There was ZERO evidence that a crime was ever committed, the only evidence that was presented and supported by the medical records and test done on Brandon, was that Brandon had a very serious medical condition that was initially undiagnosed by Beverly Hospital. And unbeknownst to either me or my family this medical condition was finally discovered, diagnosed, and treated at Boston Children’s Hospital under emergency then urgent conditions. (This information was kept from me and my family until just recently when we received Dr. Scheller report for his testimony in my case). And I will add that my son, Brandon is in fact a VERY HEALTHY NORMAL 3 Year Old Boy!!! So now that I have been found guilty for a crime that never happened and that I most certainly would never commit the only hope I have left is that on the 24th when my attorney presents to the judge a motion to stay the sentencing, have the verdict set aside and a mistrial declared. Or hope when my appeal is before the appellate court they see the miscarriage of justice and I am then allowed a new trial. Otherwise I could do up to 15 years for something I didn’t do! If anyone has any questions, feel free to message me. It will get to me. All my friends that never doubted me and supported me. I love you and thank you! Hopefully this wrong will be righted so I can have my life back!
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