|9/23/2019 10:46:00 AM|
Charges stand in case against mother, daughter
A motion to dismiss charges of first degree reckless homicide, party to a crime against a mother and daughter from Mineral Point was denied by Judge Margaret Koehler Thursday.
Laurie Barry, 50, and her daughter, Alexis Barry, 27, 1049 Miller Road, Mineral Point, appeared in court with their attorney, George Brian Brophy who had filed the dismissal request. The two are charged with unintentionally causing the death of Selah Kaden, 13, May 31, 2018. The young girl was staying with the Barry family as they provided respite care for the Kaden family who had another daughter involved in a serious health issue and needed their attention.
Selah Kaden was known to be a difficult child because of health and mental issues and the Barrys said she had a history of injuring herself, intentionally falling down stairs and faking fainting. According to them, Selah had faked a fall earlier in the day and hit her head on a cabinet or something in the way when she fell.
When 911 was called late in the afternoon Selah was found unresponsive. She was taken to Upland Hills Health where she was pronounced deceased.
Emergency medical personnel noticed extreme bruising on her body and a pathologist's report concluded death was caused by strangulation, resulting in the mother and daughter being charged.
Brophy argued that the charges should be dismissed as they switch the burden of proof on his clients rather than have the defense provide proof. He pointed out the Barrys were in contact with the Kadens throughout the day, updating them on Selah's condition and the Kadens asked them to not involve medical personnel.
"This is not showing utter disregard for Selah as the defense contends," he said. "The complaint does not indicate they called for help but they did."
Iowa County District Attorney Matt Allen countered by saying what the defense is arguing can be placed in front of a jury to sort out.
"These are not first aid injuries that have to be considered," Allen said. "The results show excessive physical response with beating and suffocation."
Brophy responded by saying the charges are the result of the Barrys being the two people who were around during the incident so they are being charged and being told "you tell us."
Judge Koehler then went through the complaint, spending time on the time frame and the wounds which indicate more than one person caused them. She said the complaint answers the five "Ws" which are what is the charge, where did it take place, when did it happen, why are the charges warranted and who is involved.
"A reasonable person could probably conclude that a crime has taken place," the judge said, adding these proceedings are only one of many steps in criminal prosecution.
She then denied the motion to dismiss.
Next scheduled court date for the Barrys is October 8 at 8:30 a.m. for a preliminary hearing.
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