Judge supports child abusers’ conviction
Following an appeal to the state Superior Court by two convicted child abusers, Fayette County President Judge William J. Franks filed an opinion supporting their conviction and sentence. April Baxley Humbert and her husband, James Lester Humbert were convicted last October of abusing Betty Jo White, April Humbert’s daughter.
The two were scheduled to be sentenced on Oct. 29, but did not show up. They were caught in Ohio in January, and brought back to Pennsylvania for sentencing on the child abuse conviction. During their hearing, the Humberts were also sentenced for their failure to appear in court.
To each, Franks handed down a six to 23 month jail term for two counts of endangering the welfare of a child (one felony, one misdemeanor), one count of simple assault and a harassment citation. In addition, he imposed a six-month sentence, to be followed by two years probation for criminal contempt.
The Humbert’s appealed their conviction after their Feb. 14 sentencing.
They raised four issues on appeal:
? That there was not enough evidence to warrant a felony count of endangering the welfare of a child.
? That there was not enough evidence to prove guilt on any charges.
? That Franks should not have allowed expert medical testimony on White’s injuries because the opinion was based on speculation.
? That Franks should have granted a mistrial when evidence was withheld until the start of the trial.
? That Franks should have granted a mistrial when it became apparent that April and James Humbert’s testimony differed.
On the first issue, Franks cited that evidence presented at trial proved White’s abuse was a “course of conduct” or “continuous conduct.” Prosecutors had to prove that one of the counts of endangering the welfare of a child should be graded a felony.
In his opinion, Franks cites testimony from Kevin Walters, a neighbor of the Humberts. Walters testified that on Oct. 10, 2000, the day White was abused, he heard her crying out to James Humbert, asking that he stop hitting her. Walters also testified that he heard similar cries from a girl at the Humbert home in the five to 10 days before the abuse.
The abuse came to light when White went to school at Hutchinson Elementary the next day, and asked nurse Veronica Horvath for a bandage for a blister on her ankle.
During that conversation, Horvath testified she noticed bruises on the back of White’s hand, below her eye and marks on the girl’s face. Horvath testified she asked White what happened, and the girl blamed the bruises on clumsiness.
White was sent back to class, but came back to see Horvath and confessed her mother and step-father had abused her, according to testimony at the trial.
White said that her step-father hit her in the face and beat her with a belt and her mother hit her on the hand with a hairbrush and threw a spoon at her that hit the child near her eye.
Horvath testified she called Children and Youth Services, and the state police were eventually contacted as well.
That testimony, in conjunction with that of Dr. Meenashisundaram Balasubramaniam, proved that there was sufficient evidence for a felony endangering as well as to support all of the other charges, wrote Franks.
Balasubramaniam, who was White’s pediatrician, examined her on Oct. 12, 2000, and testified that the injuries were two to four days old. He testified that the injuries were caused by “direct hits with blunt objects.”
Franks found no merit to the Humberts’ third claim, that Balasubramaniam’s testimony was speculative. Since the doctor examined White and other photos of her injuries, Franks said his testimony was not speculative.
Of the fourth issue, Franks ruled that none of the evidence given to the Humberts at the start of their trial contained any last minute revelations and noted that a mistrial was not needed.
On the final issue, Franks wrote that “this issue (is) completely absent of any merit or evidence to support the claim.” The jurist further wrote that, after reviewing the testimony, he found the Humberts did not conflict with one another.
Noting that there is not law to support a mistrial if testimony of co-defendants is conflicting, Franks wrote that “(the Humberts) both freely and voluntarily chose to testify, and this court will not grant a mistrial because they are displeased with each other’s testimony.”
The Humberts are currently serving their jail time in the Fayette County Prison.
Franks’ opinion will be forwarded to the state Superior Court for consideration with the Humberts’ appeal.