Saturday, May 22, 2010

Dad accused of beating baby drops court fight to continue life support (Akron, Ohio)

We've posted on this case before.

Dad JOHN JONES has finally dropped his court fight over keeping his infant daughter on life support. Daddy's objections in all this are not as high-minded as they may seem, since he may face homicide charges upon the baby's physical death. Doctors say the baby is already brain dead with no chance of recovery, and that life support measures are just prolonging the dying process. Just sickening that the "rights" of a daddy who destroyed this infant's life have had more weight than the opinion of everyone else in this case. Daddy was "babysitting" at the time of the assault.

http://www.ohio.com/news/94624144.html

Father accused of beating baby drops court fight to continue life support
By Phil Trexler
Beacon Journal staff writer

POSTED: 06:38 p.m. EDT, May 21, 2010

An Akron mother intends to go to court Monday seeking a judge's order that would allow her to remove her infant daughter from life support despite objections from the baby's father.

The move comes after the father, 17-year-old John Jones, abruptly dropped his court fight Friday after losing an appeal over which court has jurisdiction to resolve this unprecedented parental dispute. A hearing had been scheduled for Monday.

At issue is the life of Jones' 7-month-old daughter, Jada, who doctors say is brain-dead and has no chance of recovery.

Baby Jada's mother, Deja Ruiz, 18, wants the infant removed from life support; Jones is fighting the effort from inside the Summit County Juvenile Detention Center.

Doctors at Akron Children's Hospital, where Jada has been for nine weeks, won't make any life-support decisions without the consent of both parents or a court order.

Mary Ellen Leslie, the mother's attorney, said on Friday that she intends to file a declaratory judgment next week in probate court asking Judge Bill Spicer to rule in the mother's favor.
She said doctors, an attorney appointed to represent the infant, and the mother all favor removing life support.

''This poor baby is just having her dying prolonged,'' Leslie said. ''And Mom's rights are essentially being totally trampled. Everyone's on board except the dad, who is accused of causing this baby's injuries.''

Jones faces felonious assault and other charges in Juvenile Court. Prosecutors contend he inflicted the injuries that have left his daughter with severe brain damage from shaken baby syndrome.

Jones' attorney Pamela Hawkins could not be reached for comment Friday. She and his family have previously said the teen is innocent of the charges and wants his daughter further evaluated before he consents to removing life support.

Baby Jada remains at Children's Hospital. Leslie said the infant's condition has not changed or worsened since she was admitted.

''It can't worsen,'' Leslie said. ''She's just there, being kept alive with no apparent, according to the doctors, chance of her ever changing.''

Akron police say Jones called 911 the morning of March 19 when he found the girl unresponsive. He was inside the family's Springdale Drive home with Baby Jada, her twin, Jzmine, and their 2-year-old brother, Ty'shaun. Ruiz was away attending classes. Jones was later arrested following an investigation by Akron police detectives.

Prosecutors are seeking to have Jones tried as an adult. Summit County Juvenile Court Judge Linda Tucci Teodosio has scheduled hearings on that issue for May and June. Prosecutors could ramp up the charges to murder, if the infant dies.

Jones initiated the life-support action after his arrest. Teodosio ruled first, finding that juvenile court lacked jurisdiction to resolve the parental dispute. He then filed in probate court and Spicer accepted jurisdiction. To the mother's surprise, her attorney said, Jones appealed Spicer's ruling to the 9th District Court of Appeals.

The appellate court on Friday declined jurisdiction, placing the case back before Spicer. Jones then dismissed his case, putting the issue in limbo.

Leslie said Spicer was ready to ''break this tie'' of conflicting life-support wishes between the parents during a hearing previously scheduled for Monday. She said Jones is now ''stalling the process'' by dropping his case.

''[Friday] marks nine weeks that this baby has been in the hospital with these tubes down her nose and down her throat, taped to her face,'' Leslie said. ''She'll just stay that way while Dad just continues to slow things down.''