Shaken-baby trial starts

PITTSFIELD — The toddler has lost her sight and probably will never walk. And she may not have much bodily function at all, although only time will tell.

The baby was just 10 weeks old when she sustained life-threatening injuries at the hands of one of her parents on March 11, 2006, according to Berkshire Second Assistant District Attorney Joan M. McMenemy.

The prosecutor made the damning allegations during opening statements yesterday in the criminal trial of Marlin Brandow, the girl's father. The girl's mother, Janan M. Scutt, will be tried at a later date, according to Berkshire Superior Court officials.

Each parent accuses the other of inflicting serious, debilitating injuries on the child, who is now more than 2 years old. That is why prosecutors decided to charge both Brandow and Scutt in connection with the incident.

Brandow was indicted on single counts of assault and battery on a child resulting in substantial injury, assault and battery on a child with injury and permitting substantial injury to a child. Scutt was indicted on two counts of assault and battery on a child with substantial injury and on one count of assault and battery on a child with injury.

"This will not be an easy case," said McMenemy. "Both of (the child's) parents blame the other."

Meanwhile, Brandow's attorney, Alexander Z. Nappan, said his client has become the commonwealth's fall guy in the difficult case. Nappan said Scutt is the one who has exhibited abusive behavior toward the child, telling the baby to "shut the (expletive) up" when she cried.

"Somebody has to pay for this crime," Nappan said. "The commonwealth, for whatever reason, has selected Mr. Brandow as the man who did this crime."

However, McMenemy and Nappan do agree that both Brandow and Scutt have told lies during the criminal investigation. According to police and prosecutors, Brandow changed his stories about what happened to the baby: He initially claimed she choked after a feeding, then stated she rolled off a bed while he was changing her.

"The medical evidence will show you that (the child) was shaken," said McMenemy, and suffered brain and retinal hemorrhaging — symptoms of shaken baby syndrome, or SBS.

SBS is the leading cause of death in abusive head trauma cases, according to the National Center on Shaken Baby Syndrome. The Utah-based organization claims an estimated 1,200 to 1,400 children are injured or killed by shaking every year in the United States. About a quarter of all SBS victims die from their injuries, according to the organization's Web site, www.dontshake.com.

The majority of infants who survive will have some form of neurological or mental disabilities, such as cerebral palsy or mental retardation.

When the case is boiled down to its essence, the evidence will show that Brandow was alone with the baby when she stopped breathing, McMenemy said. Brandow and Scutt had been staying at a West Housatonic Street motel in Pittsfield at the time of the March 2006 incident.

Brandow ran to the motel's office, where employees quickly called 911, then tried to calm Brandow while helping his infant daughter, according to testimony yesterday. The employees — Mary Barker, 48, and Jessica Clayborn, 24, neither of whom works at the motel now — testified that Brandow was distraught when he ran into the office with the lifeless child in his arms.

"I just noticed that (the baby's) head was flopping," Barker said.

Clayborn, who had recently finished emergency medical training at the time, attempted to resuscitate the child, who initially did not have a pulse.

Both women claimed that Scutt angrily confronted Brandow when she returned to the motel. Clayborn testified that she heard Scutt scream: "What did you do to my baby?"

Testimony is scheduled to resume today at 9 a.m. in Berkshire Superior Court.