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Oklahoma High School
Mock Trial Program
2019-2020
State of Oklahoma
V.
Kristen Taylor
Adapted by:
Andrea Medley, Michael Nesser, and Lydia Fields
Oklahoma Mock Trial Committee
This is a work of fiction. Names, characters, events and incidents are either the products of the authors’
imagination or used in a fictious manner. Any resemblance to actual persons, living or dead, or actual
events is purely coincidental.
OKLAHOMA BAR FOUNDATION, IOLTA GRANT
1WITNESS AND EXHIBIT LIST
The following witnesses shall be called by the parties.
FOR THE PROSECUTION FOR THE DEFENSE
Frances/Francis Baykon Logan Taylor
Lt. Marty Pacheco Madison James, MD, PhD
Dakota Griffin, MD Taylor McGraw, MD
The following exhibits may be used by teams in competition.
They are pre-marked and are to be referred to by number as follows:
EXHIBIT NUMBER EXHIBIT NAME
1 Accident Report
2 Supplementary Offense Report
3 Curriculum Vitae Résumé of Dakota
Griffin, MD
4 Résumé of Madison James MD, PhD
5 Automobile Consumer Utility Safety
Department Report
6 Résumé of Taylor McGraw, MD
7 Excerpt of Study
2STIPULATIONS
The parties have stipulated to the following:
1. Jurisdiction, venue and chain of custody of the evidence are proper.
2. The applicable law is contained in the jury instructions. These may not be read into
the record. Pleadings and jury instructions may not be objected to at the trial.
3. All Exhibits are authentic. Their authenticity may not be challenged. Unless stated
otherwise, admissibility of exhibits may be challenged on other grounds.
4. The witnesses gave their statements as indicated in the case. Each witness was given
the opportunity to review the statement prior to an in preparation for trial.
5. All statements made by witnesses and all physical evidence and exhibits were
constitutionally obtained.
6. Whenever a rule of evidence requires that reasonable notice be given, it has been
given.
7. Defendant Kristen Taylor has elected not to testify in her defense. Consequently, her
role will not be portrayed at trial, because she is neither an attorney nor a witness in the
case.
8. The medical treatments of Kristen Taylor and Baby Doe may be discussed by the
witnesses, but the actual records will not be introduced into evidence.
9. This trial is solely for the determination of guilt. The jury must not consider the penalty
for conviction of a crime.
3STATEMENT OF FACTS
(This is intended as a summary only and not to be used as evidence in the trial)
Kristen Taylor graduated from Roosevelt High School in Big Cabin, Oklahoma, on May
29, 2018. She was 17 years old, and an active and successful student who had received
a scholarship to Stanford University. Taylor was also seven months pregnant, and was
expected to give birth at the end of July 2018. It was her intent to give the child up for
adoption.
Following the graduation ceremony on May 29th, Taylor attended a party that evening at
the home of another 2018 RHS graduate, Blake Colvin. Unbeknownst to Ms. Colvin’s
parents, a keg of beer and some cases of bottled beer had been hidden in a storage
building behind their house. Several of the guests, including Taylor, visited the storage
building during the party to partake of the alcohol.
During the party, some of the graduates, including Taylor, decided to drive to Grand Lake
to watch the sunrise. At approximately 10:30 PM, Taylor left the lake alone in her sports
utility vehicle, a 2015 Zuisu Gazelle, driving South on the Will Rogers Turnpike, where
the speed limit varied, depending on location, between 65 mph and 75 mph. A little more
than an hour later, approaching Big Cabin, Oklahoma, and still on the turnpike, Taylor lost
control of the vehicle, struck the center concrete barrier, and rolled over.
Lt. Marty Pacheco, who had been proceeding North on the Will Rogers Turnpike, had
turned around to follow Taylor after she had passed him, driving, according to her/his
testimony, erratically and at a high rate of speed, was first to arrive at the scene of the
accident. S/He administered a field sobriety test, which Taylor failed, and three
breathalyzer tests with results of .04, .07 and .08.
Taylor was transported by ambulance to Eastern Oklahoma Memorial Hospital, where
her baby was delivered by emergency cesarean section at about 5:30 AM on May 30,
2018. The 4½ pound boy, Baby Doe, died two days later. Cytogenetic testing confirmed
that he had been born with Trisomy 13, a chromosomal disorder that causes severe
intellectual disability, physical abnormalities and, often, death.
Taylor has been charged by the Craig County District Attorney with Murder in the Second
Degree/Felony Murder/Negligent Homicide? in the death of her son. At trial, the
prosecution will call Frances/Francis Baykon, a friend of Taylor’s who will testify that
Taylor drank alcohol at the graduation party; Lt. Pacheco, who will testify that Taylor’s
intoxication and recklessness caused the accident; and, Dr. Dakota Griffin, who will testify
that the accident caused the death of Baby Doe.
The defense will call the defendant’s sister/brother, Logan Taylor, who will testify that
Taylor was not impaired when she left Grand Lake; Dr. Madison James, who will testify
that the accident was not caused by Taylor’s drinking but by the instability of the vehicle
she was driving; and, Dr. Taylor McGraw, who will testify that Baby Doe’s death was not
caused by the accident but by his birth defect.
All events, characters and documents created for the 2020 case are fictional.
4IN THE DISTRICT COURT IN AND FOR CRAIG COUNTY
STATE OF OKLAHOMA
STATE OF OKLAHOMA, )
)
Plaintiff, )
) Case No.
)
vs. )
)
KRISTEN TAYLOR, )
)
Defendant. )
INFORMATION
FOR:
COUNT I: Negligent Homicide – 47 O.S. §11-903
I Stan Lee, the undersigned District Attorney of Craig County, in the name of the State of
Oklahoma, given information that in said County of Craig, State of Oklahoma, KRISTEN
TAYLOR did then and there unlawfully, willfully, knowingly, and wrongful committed the
crime(s) of:
That on or about the 29th day of May 2018, in Craig County, State of Oklahoma, the above-
named Defendant did commit the offense of negligent homicide, by operating a motor
vehicle while under the influence of intoxicating liquor or in a reckless manner, thereby
causing the death of Baby Doe.
The names of the witnesses endorsed for the State of Oklahoma are as follows:
Frances/Francis Baykon
Lt. Marty Pacheco
Dakota Griffin, MD
STAN LEE
DISTRICT ATTORNEY
Stan Lee
November 12, 2018
DATE
5LEGAL AUTHORITIES
Oklahoma Statutes Title 47 Section 11-903 - Negligent Homicide
A. When the death of any person ensues within one (1) year as a proximate result of
injury received by the driving of any vehicle by any person in reckless disregard of the
safety of others, the person so operating such vehicle shall be guilty of negligent
homicide.
B. Any person convicted of negligent homicide shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one (1) year or by fine of
not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Oklahoma Statutes Title 47 Section 11-901 – Reckless Driving
A. It shall be deemed reckless driving for any person to drive a motor vehicle in a careless
or wanton manner without regard for the safety of persons or property or in violation of
the conditions outlined in Title 47 Section 11-801.
Oklahoma Statutes Title 47 Section 11-801 – Speed Restrictions Basic Rule
A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent
speed not greater than nor less than is reasonable and proper, having due regard to the
traffic, surface and width of the highway and any other conditions then existing. No person
shall drive any vehicle upon a highway at a speed greater than will permit the driver to
bring it to a stop within the assured clear distance ahead.
B. Except when a special hazard exists that requires lower speed for compliance with
subsection A of this section, the limits specified by law or established as hereinafter
authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a
highway at a speed in excess of the maximum limits.
C. The Oklahoma Turnpike Authority is hereby authorized to prescribe maximum and
minimum speeds for trucks, buses and automobiles using turnpikes. Such regulations
shall become effective only after approval by the Commissioner of Public Safety, and after
signs have been posted on the turnpike giving notice thereof. Such regulations may apply
to an entire turnpike project or to selected sections thereof as may be designated by the
Oklahoma Turnpike Authority. It shall be a violation of this section to drive a vehicle at a
faster rate of speed than such prescribed maximum speed or at a slower rate of speed
than such prescribed minimum speed. However, all vehicles shall at all times conform to
the requirements of subsection A of this section.
D. The driver of every vehicle shall, consistent with the requirements of subsection A of
this section, drive at an appropriate reduced speed when approaching and crossing an
6intersection or railway grade crossing, when approaching and going around a curve, when
approaching a hillcrest, when driving upon any narrow or winding roadway, and when
special hazard exists with respect to pedestrians or other traffic, or by reason of weather
or highway conditions. The Oklahoma Department of Transportation and the Oklahoma
Turnpike Authority may post, by changeable message sign or other appropriate sign, a
temporary reduced speed limit for maintenance operations or when special hazards with
respect to pedestrians, other traffic, an accident, by reason of weather or when other
hazardous highway conditions exist.
E. Any person convicted of a speeding violation pursuant to this section shall be punished
by a fine.
Oklahoma Statutes Title 47 Section 11-902 – Persons Under the Influence of
Alcohol or Other Intoxicating Substance or Combination Thereof
A. It is unlawful and punishable as provided in this section for any person to drive, operate,
or be in actual physical control of a motor vehicle within this state, whether upon public
roads, highways, streets, turnpikes, other public places or upon any private road, street,
alley or lane which provides access to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration of eight-hundredths (0.08) or more
at the time of a test of such person's blood or breath administered within two (2)
hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, or one of its
metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid
at the time of a test of such person's blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other than alcohol which
may render such person incapable of safely driving or operating a motor vehicle;
or
5. Is under the combined influence of alcohol and any other intoxicating substance
which may render such person incapable of safely driving or operating a motor
vehicle.
B. The fact that any person charged with a violation of this section is or has been lawfully
entitled to use alcohol or a controlled dangerous substance or any other intoxicating
substance shall not constitute a defense against any charge of violating this section.
Oklahoma Statutes Title 47 Section 751 – Implied Consent to Breath, Blood, or
Other Test for Determining Concentration of Alcohol or Other Intoxicating
Substance
7A. 1. Any person who operates a motor vehicle within this state shall be deemed to have
given consent to a test or tests of such person’s blood or breath, for the purpose of
determining the alcohol concentration, if arrested for any offense arising out of acts
alleged to have been committed while the person was operating or in actual physical
control of a motor vehicle while under the influence of alcohol or other intoxicating
substance, or the combined influence of alcohol and any other intoxicating substance, or
if the person is involved in a traffic accident that resulted in the immediate death or serious
injury of any person and is removed from the scene of the accident to a hospital or other
health care facility outside the State of Oklahoma before a law enforcement officer can
effect an arrest.
2. A law enforcement officer, having reasonable grounds to believe that such person was
operating or in actual physical control of a motor vehicle while under the influence may
direct the administration of or administer the test or tests.
As used in this title, the term "other intoxicating substance" shall mean any controlled
dangerous substance as defined in the Uniform Controlled Dangerous Substances Act
and any other substance, other than alcohol, which is capable of being ingested, inhaled,
injected or absorbed into the human body and is capable of adversely affecting the central
nervous system, vision, hearing or other sensory or motor functions.
B. The law enforcement agency by which the arresting officer is employed may designate,
in accordance with the rules of the Board of Tests for Alcohol and Drug Influence,
hereinafter referred to as the Board, whether blood or breath is to be tested for the alcohol
concentration thereof, and whether blood, saliva or urine is to be tested for the presence
or concentration of any other intoxicating substance therein.
C. In the event the person is incapable of submitting to and successfully completing, by
reason of illness or injury or other physical disability, the test to be administered, an
alternate test may be administered in accordance with the rules of the Board.
D. Any person who is unconscious or otherwise incapable of refusing to submit to a test
of such person’s blood or breath to determine the alcohol concentration thereof, or to a
test of such person’s blood, saliva or urine to determine the presence or concentration of
any other intoxicating substance therein, shall be deemed not to have withdrawn the
consent provided by subsection A of this section, and such test may be administered as
provided herein.
E. In addition to any test designated by the arresting officer, the arrested person may also
designate any additional test to be administered to determine the concentration of alcohol,
or the presence or concentration of any other intoxicating substance or the combination
of alcohol and any other intoxicating substance. The cost of such additional test shall be
at the expense of the arrested person.
F. When a law enforcement officer has determined that the blood alcohol content of an
individual is to be tested for the presence or concentration of alcohol, other intoxicating
substance, or the combination of alcohol and any other intoxicating substance, the law
enforcement officer shall inform the individual to be tested that the withdrawal of blood
8shall only be performed by certain medical personnel as provided for in Section 752 of
this title.
Oklahoma Statutes Title 47 Section 756 – Admission of Evidence Shown by Test
A. Upon the trial of any criminal action or proceeding arising out of acts alleged to have
been committed by any person while driving or in actual physical control of a motor vehicle
while under the influence of alcohol or any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, evidence of the alcohol
concentration in the blood or breath of the person as shown by analysis of the blood or
breath of the person is admissible. Evidence that the person has refused to submit to
either of said analyses is also admissible.
1. Evidence that there was, at the time of the test, an alcohol concentration of five-
hundredths (0.05) or less is prima facie evidence that the person was not under the
influence of alcohol;
2. Evidence that there was, at the time of the test, an alcohol concentration in excess of
five-hundredths (0.05) but less than eight-hundredths (0.08) is relevant evidence that the
person's ability to operate a motor vehicle was impaired by alcohol. However, no person
shall be convicted of the offense of operating or being in actual physical control of a motor
vehicle while such person's ability to operate such vehicle was impaired by alcohol solely
because there was, at the time of the test, an alcohol concentration in excess of five-
hundredths (0.05) but less than eight-hundredths (0.08) in the blood or breath of the
person in the absence of additional evidence that such person's ability to operate such
vehicle was affected by alcohol to the extent that the public health and safety was
threatened or that said person had violated a state statute or local ordinance in the
operation of a motor vehicle; and
3. Evidence that there was, at the time of the test, an alcohol concentration of eight-
hundredths (0.08) or more shall be admitted as prima facie evidence that the person was
under the influence of alcohol.
B. For purposes of this title, "alcohol concentration" means grams of alcohol per one
hundred (100) milliliters of blood if the blood was tested, or grams of alcohol per two
hundred ten (210) liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence must first be qualified by establishing
that the test was administered to the person within two (2) hours after the arrest of the
person.
9JURY INSTRUCTIONS
from Oklahoma Uniform Jury Instructions – Criminal
OUJI-CR 4-59 – Homicide - Introduction
The defendant is charged with the negligent homicide of Baby Doe on or about May 29,
2018 in Craig County, Oklahoma.
OUJI-CR 4-105 – Negligent Homicide – Elements
No person may be convicted of negligent homicide unless the State proves beyond a
reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, caused by the defendant's driving a vehicle upon a highway;
Third, in reckless disregard of the safety of others;
Fourth, the death occurred within a year of the infliction of the injury
causing death
Fifth, the defendant was 16 years of age or older
OUJI-CR 4-106 – Negligent Homicide – Highway Defined
A highway is the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel.
OUJI-CR 4-107 – Negligent Homicide – Reckless Disregard Defined
Reckless disregard of the safety of others is the omission to do something which a
reasonably careful person would do, or the lack of the usual and ordinary care and caution
in the performance of an act usually and ordinarily exercised by a person under similar
circumstances and conditions.
OUJI-CR 4-60 – Homicide - Causation
No person may be convicted of negligent homicide unless her conduct caused the death
of the person allegedly killed. A death is caused by the conduct if the conduct is a
substantial factor in bringing about the death and the conduct is dangerous and threatens
or destroys life.
10OUJI-CR 9-14 - Necessity for Corroboration in Homicide Case
No person may be convicted of negligent homicide unless both the fact of the death of
the person allegedly killed and the fact that his death was caused by the conduct of
another person are established as independent facts and beyond a reasonable doubt.
OUJI-CR 6-24 – Driving Under the Influence – Chemical Test Evidence Defined
If you find that a chemical analysis of the Defendant's breath was performed on a sample
taken from the defendant within two hours of the accident, then the results of this analysis
may be considered by you as to the issue of whether the defendant was under the
influence of alcohol.
If you are convinced that the amount of alcohol, by weight or volume, in the defendant's
blood was eight-hundredths of one percent (0.08%) or greater, then you may find the
defendant to have been under the influence of alcohol. If, however, after considering the
chemical analysis together with all other evidence in the case, you entertain a reasonable
doubt as to whether the defendant was under the influence, then you should find her not
to have been under the influence of alcohol.
OUJI-CR 9-1 - Inferences
You should consider only the evidence introduced while the court is in session. You are
permitted to draw such reasonable inferences from the testimony and exhibits as you feel
are justified when considered with the aid of the knowledge which you each possess in
common with other persons. You may make deductions and reach conclusions which
reason and common sense lead you to draw from the fact which you find to have been
established by the testimony and evidence in the case.
OUJI-CR 9-44 - Defendant’s Right Not to Testify
The defendant is not compelled to testify, and the fact that a defendant does not testify
cannot be used as an inference of guilt and should not prejudice her in any way. You
must not permit that fact to weigh in the slightest degree against the defendant, nor should
this fact enter into your discussions or deliberations in any manner.
OUJI-CR 10-8 - Credibility of Witnesses
It is your responsibility to determine the credibility of each witness and the weight to be
given the testimony of each witness. In determining such weight or credibility, you may
properly consider: the interest, if any, which the witness may have in the result of the trial;
the relation of the witness to the parties; the bias or prejudice of the witness, if any has
been apparent; the candor, fairness, intelligence, and demeanor of the witness; the ability
of the witness to remember and relate past occurrences, the means of observation, and
the opportunity of knowing the matters about which the witness has testified. From all the
facts and circumstances appearing in evidence and coming to your observation during
11the trial, aided by the knowledge which you each possess in common with other persons,
you will reach your conclusions. You should not let sympathy, sentiment or prejudice enter
into your deliberations, but should discharge your duties as jurors impartially,
conscientiously, and faithfully under your oaths and return such verdict as the evidence
warrants when measured by these instructions.
OUJI-CR 9-42 – Credibility of Opinion Witnesses
Testimony has been introduced of certain witnesses who purport to be skilled in their line
of endeavor or who possess peculiar knowledge acquired by study, observation, and
practice.
You may consider the testimony of these witnesses, and give it such weight and value as
you think it should have, but the weight and value to be given their testimony is for you to
determine. You are not required to surrender your own judgment to that of any person
testifying, based on that person's education, training or experience. You need not give
controlling effect to the opinion of such witnesses for their testimony, like that of any other
witness, is to be received by you and given such weight and value as you deem it is
entitled to receive.
OUJI-CR 10-4 - Presumption of Innocence
The defendant is presumed innocent of the crime charged, and the presumption
continues unless, after consideration of all the evidence, you are convinced of her guilt
beyond a reasonable doubt. The State has the burden of presenting the evidence that
establishes guilt beyond a reasonable doubt.
The defendant must be found not guilty unless the State produces evidence which
convinces you beyond a reasonable doubt of each element of the crime.
12STATEMENT OF FRANCES/FRANCIS BAYKON
1 My name is Frances/Francis Baykon. I live at 16 Osterhouse Rd., in Big Cabin, Oklahoma,
2 and have lived in that house since I was a little kid. In May of 2018, I graduated from
3 Roosevelt High School. Until about three months before graduation, Kristen Taylor and I
4 were very close friends. We both ran track, we were in band together, and we served on
5 the RHS Student Council. During the fall semester, we even worked on the school
6 newspaper, when Kristen was the editor. We had known each other for years, because
7 we went to the same elementary and middle school, and she and my brother, Tony, dated
8 each other exclusively the whole time she was in high school. Or, at least that’s what
9 Tony and I thought. Then in March, we learned that Kristen was pregnant, and Tony said
10 he knew for a fact that he wasn’t the father. Not that this was in dispute, or anything.
11 Kristen never said he was.
12 Anyway, I was pretty ticked off at first – you know, because she made a fool of him. You
13 think you are the only person someone is dating and then she gets pregnant by someone
14 else. I mean, how embarrassing is that? It wasn’t long, though, before Tony started seeing
15 someone else, and he and Kristen remained friends, sort of. He was going to Rogers
16 State University by this time, so he met lots of new people and made new friends. I
17 decided that if it didn’t bother him, it shouldn’t bother me. I called Kristen a couple of times
18 in one week to make arrangements to get together with her, but she didn’t call me back.
19 I figured she was still mad at me for the things I said to her when she told Tony and me
20 that she was pregnant, so I went over to her house to apologize. She answered the door
21 herself, and I told her I was sorry for yelling at her and calling her names. I explained that
22 I was just defensive because she had cheated on Tony. I reminded her of how she would
23 feel if someone had done this to her sister/brother, and she agreed that she would have
24 been way mad also. She said she understood completely about family members
25 protecting each other, so we sort of hugged and that was that.
26 Even though we had made up, we didn’t go back to the same kind of closeness we had
27 shared before, but we did okay. She talked with me some about the pregnancy, although
28 she never did tell who the father was – only that he didn’t know the baby was his and that
29 she wasn’t going tell him. She had been accepted to Stanford, and it was her plan to give
30 up the baby for adoption. Nothing, she said, was going to interfere with her going to
31 college. There were no adoptive parents standing in the wings or anything like that – she
32 was just going to go through some agency.
33 I remember thinking that it was a good thing her parents had given her the 2015 Zuisu
34 Gazelle the year before, because they for sure wouldn’t have bought her a car after she
35 got pregnant. They were so mad at her, they threatened to take the car away, but she
36 convinced them that she needed it to take her and her sister/brother to school and to go
37 to the doctor. Yeah, right. She didn’t even go to the doctor until she was nearly four
38 months along. She said it was because she didn’t want her parents to find out she was
39 pregnant, but I think she just didn’t give a rat’s you-know-what about the baby. And then,
1340 when she finally did go, she didn’t tell the doctor the truth about some things.
41 By that I mean, even after she knew she was pregnant, Kristen still drank and smoked
42 occasionally. I know years ago no one knew that it was bad for pregnant people to do
43 that, but nowadays, everyone knows that the better care the mother takes of herself, the
44 better off her baby will be. I don’t mean to say that Kristen was a chain smoker or an
45 alcoholic or anything. I said “occasionally,” and that’s what I meant. It just seemed to me
46 that if Kristen really cared anything at all about the baby, she would be more responsible
47 and less selfish.
48 Sometimes, after school, she would nag and nag to go with me to my house to party. She
49 would tell her parents some lie and then off we’d go. Both of my parents worked and Tony
50 was at college, so I had free reign of the house, including of the refrigerator and the bar.
51 We drank at my house every couple of weeks, but fortunately my parents never seemed
52 to notice that liquor was missing. They bought everything by the case at one of those
53 warehouse stores and kept it out in the garage. I guess when you buy in quantity you
54 don’t really pay attention to what’s going on. I always tried to discourage Kristen from
55 drinking, but most of the she time didn’t have all that much and she said she really needed
56 it to relax, so I went along with her.
57 On graduation night, a friend of ours named Blake Colvin, was having a party - there were
58 probably 30 or 40 people there. The music was great, and everyone was dancing. Even
59 Kristen got out and danced a few times. I noticed that people kept going around the back
60 of the house to this storage building, so I went there, too. Inside was a keg with a tap and
61 four or five cases of bottled beer. There were also cases of a couple kinds of sodas.
62 Blake’s parents were home, so I couldn’t believe there was all this alcohol, but she
63 generally did whatever she wanted, so I guess it wasn’t all that surprising. Her mom had
64 made these great snacks and food for us, and people were really pigging out. Not Kristen,
65 though. Whenever I saw her, she was drinking, not eating. Oh, I take that back. One time,
66 I did see her eating some of the pizza Blake’s mom had made.
67 About 10:30 or so, someone suggested that we drive to Grand Lake to watch the sunrise.
68 I can’t remember whose idea it was, but I do remember thinking it was insane since people
69 had been drinking. Besides, it was late and everyone was tired. But, they didn’t care what
70 I thought, and they all decided to go anyway. They went in four cars, for some reason. I
71 mean, Kristen was the only one in the Gazelle, and I couldn’t understand why she didn’t
72 just ride with someone else.
73 Before they left, I noticed that Kristen went out back again. I didn’t know what she was
74 doing, but I really hoped she wasn’t getting anymore beer. I followed her and asked her
75 about it. She told me to mind my own business. I watched her for a while, but I didn’t see
76 her drink any more beer. I went into the house to get my jacket, and as I walked out to
77 my car to go home, I saw Kristen getting into her car. She was carrying a six-pack of
78 some kind of bottles, but I couldn’t tell what they were. There were bottles of beer and
79 soda in that storage building, though. And, if it had been soda, why was she so paranoid
80 when I asked her why she had gone out back again?
1481 I heard a couple of days later that Kristen had rolled the Gazelle. I thought to myself,
82 “Well, that’s what happens when you drink and drive.” But then, I found out that she had
83 had the baby, and it died, so I felt bad about what I had thought. The, I felt even worse
84 when I heard that the kid really had a bunch of stuff wrong with it – some kind of deformity
85 thing or something. Now she’s been charged with killing her kid, which is really awful for
86 her. I can’t help thinking, though, if she had cared about it at all, she would have taken
87 better care of herself while she was pregnant, and she sure wouldn’t have drunk beer and
88 then tried to drive herself to Grand Lake late at night. That seems so irresponsible to me.
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The
material facts are true and correct.
Signed,
Frances/Francis Baykon
FRANCES/FRANCIS BAYKON
SIGNED AND SWORN to before me at 8:00 AM
on the 31st day of October,2019.
Molly Masterson
Molly Masterson, Notary Public
State of Oklahoma
My Commission Expires: November, 1, 2021
15STATEMENT OF LIEUTENANT MARTY PACHECO
1 My name is Marty Pacheco. I am currently a Lt. with the Oklahoma Highway Patrol and
2 am stationed in Vinita, Oklahoma. I was born on October 15, 1970, in Omaha, Nebraska.
3 Originally, my parents were from Nebraska, but in 1965, the State of Nebraska hired my
4 dad who was an engineer to help design a new expressway, so they moved.
5 I attended two years of college at the University of Nebraska, and then in 1990 I joined
6 the Merchant Marines. While I was in the military, I attended some additional college
7 courses, but I never did get a degree. I left the service after five years and relocated to
8 Oklahoma in 1996.
9 I applied to the Oklahoma Highway Patrol Academy and was accepted. Upon graduation,
10 I was stationed in Vinita, and in 1998, I married my spouse. We have one child, a son
11 named Jason. Unfortunately, when he was six years old, he was struck and permanently
12 disabled by a drunk driver whose blood alcohol concentration was measured at .35, more
13 than three times the then-legal limit.
14 The drunk driver walked away, but Jason will never walk again. He’ll be in a wheelchair
15 for the rest of his life. One of the most unfortunate aspects of the accident was that the
16 driver had been arrested on four previous occasions for DUI. The last time was only six
17 months before he hit Jason. He shouldn’t have been on the road. I became convinced
18 that DUI was a plague in Oklahoma and that it had to be stopped!
19 I requested and was granted the opportunity to participate in the Operation DUI
20 Community Coordination and Visibility Program. Our mission was to coordinate police
21 activities and state and community media advocacy and publicity efforts to ensure the
22 effectiveness and visibility of law enforcement efforts during the implementation of
23 Operation DUI. After that, I participated in the Operation DUI Checkpoint Enforcement
24 Program which conducts specialized DUI enforcement operations on a statewide basis.
25 I have been on loan to various local police departments throughout the state to assist
26 them in the Drug Recognition Expert Development Program which utilizes the National
27 Highway Traffic Safety Administration’s approach to increase the apprehension of
28 persons driving while impaired by drugs other than alcohol. I am also a frequent
29 contributor to a monthly newsletter and quarterly traffic safety forums managed by the
30 Institute of Public Law.
31 For the past two years, I have served as a consultant for the State of Oklahoma Highway
32 Traffic Office advising on the Governor’s Impaired Driving Prevention Advisory Council
33 which offers a program to encourage local police to conduct underage alcohol sales
34 enforcement using Cops in Shops and other sting approaches.
35 I will do everything I can to get drunk drivers off of the road. They are a menace and
36 should be treated like the criminals they are. So, during the past year and a half, I have
37 focused my full attention on becoming an expert in the area of breath alcohol testing.
1638 In Oklahoma, all breath alcohol analysis is performed by direct breath testing device
39 (Intoxilyzer 800D) which is evidential in nature. Evidential devices provide information that
40 can be used as evidence in court. Screening devices (field sobriety tests) may be used
41 to develop probable cause to arrest for DUI and/or justification for further DUI testing. The
42 Board of Tests for Alcohol and Drug influence, BTAD as we in the field call it, of the
43 Oklahoma Department of Public Safety is the agency that issues regulations that govern
44 the certification of labs, breath alcohol testing instruments and individuals, and the
45 methods of taking and analyzing samples for blood and breath testing for alcohol and/or
46 other chemical substances under the Oklahoma Implied Consent Act.
47 The DPS through the BTAD regulations requires that breath samples must be analyzed
48 by certified Operators or Key Operators on equipment and instruments approved by
49 BTAD. The testing instruments are certified for one year by the BTAD, and those
50 certifications expire annually on September 30. Prior to initial certification and twice a year
51 thereafter, BTAD will schedule and conduct calibration tests and inspection of the
52 instruments. If the equipment doesn’t meet the BTAD -established criteria, they won’t
53 certify it or, if it was previously certified, they will revoke or suspend the certification.
54 I have been a BTAD-certified Operator for more than one year, and a BTAD-certified Key
55 Operator for five months. In order to be a certified Operator, you have to be a full-time,
56 salaried peace officer in Oklahoma, and you have to provide proof to BTAD that you have
57 completed training provided by BTAD-certified instructors. The training must include, but
58 is not limited to, the value and purpose of blood and breath alcohol testing; the effects of
59 alcohol on the human body; the methods of alcohol analysis and the theory of breath
60 testing; breath alcohol testing instruments and the procedures for breath testing; practical
61 experience and demonstration of competency; and the Oklahoma Implied Consent Act,
62 regulations and any amendments and/or revisions and court testimony. In addition, you
63 have to complete successfully comprehensive practical and written examinations.
64 To be a Key Operator, the person who performs the weekly calibration checks of breath
65 testing equipment, you have to be a certified Operator on the type of equipment for which
66 you are seeking Key Operator status, and you have to take additional training that
67 includes, but is not limited to, the theory of breath testing; the operational and theoretical
68 principles of the selected breath testing equipment; the preparation and use of a
69 simulator; calibration checks of selected breath alcohol testing instruments; quality control
70 measures and proficiency testing; minor maintenance and repair of breath alcohol testing
71 equipment; the Oklahoma Implied Consent Act, regulations and any amendments and/or
72 revisions and court testimony; and, laboratory practice and the demonstration of
73 competency on the applicable equipment. And, like with being certified as an Operator,
74 you have to successfully complete comprehensive practical and written examinations.
75 To get my certifications as an Operator and a Key Operator, I had to get a total of 16
76 hours of training, and I had to pass two tests. You can see that I am achieving my goal of
77 becoming an expert in breath alcohol analysis. Once I have completed an additional 32
78 hours of training and passed another test, I can become an Operator Instructor and teach
79 others how to be Operators and Key Operators.
1780 I remember May 29, 2018, very well. I was on duty, working the 7:00 PM to 3:00 AM shift
81 out of Vinita. Late spring is always a difficult time of year because schools let out, and
82 there is a dramatic increase in the amount of traffic on the highways. You know, families
83 take vacations and high school and college kids are out partying: a great deal of drinking
84 goes on, so it’s a really busy time for us. Why, during the week in question, I had been
85 called to seven DUI stops on the Will Rogers Turnpike between Vinita and Miami.
86 At about 11:20 PM while I was making a run from Vinita to Miami, I passed a SUV -- you
87 know, a sports utility vehicle – that was proceeding erratically, heading South, in the
88 opposite direction. The vehicle was weaving, going from lane to lane, passing other cars,
89 and even though I was unable to get the radar gun on it, I’m sure the driver was speeding,
90 as well.
91 I notified dispatch that a dark colored SUV was proceeding South at a high rate of speed
92 and that I believed the driver to be drunk. I looked for the first median I could find where I
93 could cross over and head South. I was traveling at approximately 95 miles per hour in
94 an effort to catch the SUV. Fortunately, traffic was not very heavy, so I was able to stay
95 in the left lane. Only a few cars had to get out of my way, but the flashing lights on my
96 unit were easy for them to see in the dark, and they moved over without incident.
97 It took about two or three minutes before I could actually see the SUV. When I was about
98 a quarter of a mile behind it, the driver suddenly swerved, struck the center concrete
99 barrier and rolled the vehicle two or three times. I reached the accident scene within
100 seconds.
101 The first thing I remember about getting out of my unit was how windy it was. A gust from
102 the northwest caught me by surprise and almost knocked me over. I think it must have
103 been gusting to about 35 mph, or so. I ran over to the SUV, which turned out to be a 2015
104 navy blue Zuisu Gazelle 4x4. It was pretty well banged up, but I could see that before the
105 wreck it had been in good shape. I had heard those vehicles were top heavy and even
106 prone to rolling over, but I didn’t buy it. I was sure that the accident was a result of the
107 driver being drunk and driving recklessly.
108 The driver was a female who appeared to be around 17 or 18 years old. She was
109 conscious, and when I asked her if she was injured, she started crying, “my baby, my
110 baby.” I thought she meant there was a child in the vehicle, so I checked both the front
111 and back seats. I didn’t see anything in the car but a six-pack of beer, with two bottles
112 missing. When I looked back at the driver, I saw that she was pregnant, so I figured she
113 was referring to that baby.
114 I asked the driver her name, and she told me it was Kristen Taylor. Again, I asked if she
115 was injured, and she said she wasn’t. I unhooked her seat belt and asked her to step out
116 of the car. She seemed disoriented and confused. Her eyes were red, her speech was
117 slurred, and she sort of staggered when she walked. I could see that her forehead was
118 bleeding, and her left eye looked swollen. When I got close to her, I smelled alcohol. It
119 was a strong odor, and I think it was beer. I looked again in her vehicle, but I didn’t see
120 any empties, and there were no other cans or bottles.
18121 Since she was pregnant, it seemed that she needed to be looked at by a doctor, so I went
122 to my unit and called for an ambulance. I got a gauze pad from my first aid kit and told
123 her to hold it on the cut on her forehead. Fortunately, the cut stopped bleeding almost
124 immediately. After observing her for a few minutes, I asked her to take a field sobriety
125 test, which she failed. I videotaped her taking the test, but somehow the tape was lost.
126 She couldn’t walk a straight line, or touch her nose, or count to 10. I waited the required
127 20 minutes, during which time I observed her constantly, and then I administered
128 breathalyzer tests, the second 15 minutes after the first. The first test showed her to be a
129 .04, and the second had her as a .07. The regs say that if the difference between the two
130 tests is more than .02 grams of alcohol per 210 liters of breath, then a third sample must
131 be collected. I then collected the third sample almost immediately which measured .08,
132 the legal limit.
133 About this time, three other vehicles loaded with teenagers arrived, along with the
134 ambulance I had called for. The kids were not intoxicated, or at least they didn’t seem to
135 be. One of them told me they had been at a graduation party with Ms. Taylor, and they
136 had been at Grand Lake to watch the sunrise. At about this time, Ms. Taylor began to
137 moan and fell to the ground. I rushed over to her, and she again cried “my baby, my baby.”
138 She was clutching her stomach. The ambulance attendant lifted her T-shirt, revealing a
139 red welt in the shape of a steering wheel on her abdomen. Parts of the welt were already
140 turning purple, and Ms. Taylor began to vomit.
141 The EMTs placed Ms. Taylor on a gurney and lifted her into an ambulance. They took her
142 to Eastern Oklahoma Memorial Hospital in Vinita, where I understand her baby was born
143 by c-section. It’s so sad that the baby lived only two days after being born. Apparently Ms.
144 Taylor was only seven months into her pregnancy. I bet the baby would have lived, if she
145 had carried it to full term, instead of drinking, getting behind the wheel of a vehicle and
146 driving like a maniac.
147 Ms. Taylor is to blame for the death of that baby. If she hadn’t been drunk and swerving
148 all over the road, she would never have been in the accident. Although she didn’t test at
149 .08, until over half an hour after the accident, I believe that either the first test was
150 unreliable, for some reason, or she had just drunk a beer immediately before the accident
151 and the alcohol had not yet metabolized. In any case, she was clearly impaired, and that
152 impairment caused her to roll her vehicle, which led to the death of her baby. Driving
153 under the influence of intoxicating liquor is a serious offense. Ms. Taylor put herself, her
154 baby and other drivers at risk, with her reckless disregard of the law. And, don’t forget,
155 she was just 17 at the time. That’s below the legal drinking age, so she broke the law the
156 second she consumed any alcohol. Some time in jail will give her the opportunity to think
157 about what she did. Hopefully, she won’t do it again, or at the very least, it will keep her
158 off our roads.
159 I know that accident reconstruction person thinks the wreck was because of the instability
160 of the SUV Ms. Taylor was driving, but I bought a Zuisu Gazelle in 2016. At that time,
161 both the 2015 and 2016 models had been redesigned to address the problems that were
162 identified as contributing to their tendency to tip or roll over. Here are the things I know
19163 about from my owner’s manual that were changed: the track was widened 2.4 inches to
164 give the Gazelle a squatter stance and better stability, the front suspension A-arms were
165 lengthened one inch to increase wheel travel, the front torsion bar spring rates were
166 raised, the rear stabilizer bar diameter was increased and the shock absorbers were
167 retuned. And, I know for a fact that the National Highway Traffic Safety Administration
168 recently denied a petition by Consumer Reports to open a defect investigation into the
169 Gazelle. The NHTSA is a government agency of the U.S. Department of Transportation,
170 responsible for the enforcement of all safety-related recall notices that involve
171 manufacturer defects affecting consumer vehicles. If they think the Zuisu Gazelle is safe,
172 then that’s good enough for me.
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material
facts are true and correct.
Signed,
Lt. Marty Pacheco
LT. MARTY PACHECO
SIGNED AND SWORN to before me at 8:00 AM
on the 31st day of October, 2019.
Molly Masterson
Molly Masterson, Notary Public
State of Oklahoma
My Commission Expires: November, 1, 2021
20STATEMENT OF DAKOTA GRIFFIN, MD
1 My name is Dakota Griffin, and I’m a doctor. I am a graduate of the University of
2 Oklahoma and the Oklahoma College of Medicine. I did my residency at OU Medical
3 Center in Oklahoma City, and after a two-year Fellowship at Emory University School of
4 Medicine in Atlanta, Georgia, I returned to Oklahoma and to Eastern Oklahoma Memorial
5 Hospital, where I have worked ever since, specializing in pediatric and emergency room
6 medicine.
7 I have always been very interested in pediatrics and, in particular, chromosomal
8 abnormalities among children. I have conducted extensive research in the field, receiving
9 grants from the General Clinical Research Centers, the Division of Research Resources,
10 the National Institutes of Health, and the Christopher Tylor Harrison Research Fund. In
11 addition to my work at the hospital, I teach a few classes at the Oklahoma College of
12 Medicine. I have collaborated with the Chair of the Department of Pediatrics at Emory, as
13 well as the President of the John F. Kennedy Institute for Handicapped Children in
14 Baltimore, Maryland, on several publications involving chromosomal abnormalities.
15 Chromosomes are tiny thread-like structures found within human body cells. Each
16 chromosome contains hundreds of genes that determine an individual’s appearance and
17 body functions. A human cell contains 22 pairs of chromosomes which scientists have
18 numbered from 1 to 22. Each cell also contains a pair of sex chromosomes which for a
19 female is the XX chromosome and for a male the YX chromosome. The sex chromosome
20 X is inherited from the mother and the sex chromosome inherited from the father can be
21 either an X, female, or a Y, male. This chromosome determines the sex of the baby and
22 is the 23rd pair in a cell. That means that there are a total of 46 chromosomes in a normal
23 human cell.
24 I became even more interested in this subject when my sister, Karen, and her husband
25 gave birth to a daughter with Trisomy 18, or Edward’s Syndrome. Children with Trisomy
26 have 47 chromosomes instead of 46. With Trisomy 18, there are three of the 18th
27 chromosome, instead of two. Other Trisomy disorders include Trisomy 21, or Down
28 Syndrome, where the third chromosome is in the 21st pair, and Trisomy 13, or Patau’s
29 Syndrome, in which the extra chromosome is in the 13th pair.
30 Because Karen was over 35 -- women over age 35 have an increased risk of having a
31 baby with a chromosome abnormality -- at the time of her pregnancy, her obstetrician
32 recommended prenatal testing. She and her husband agreed, so when she was 10 weeks
33 along, her doctor conducted chorionic villus sampling. The test revealed that their baby
34 was at risk for Trisomy 18. And, that’s when the agony began.
35 Immediately, her doctor counseled her about having an abortion. Oh sure, he called it a
36 therapeutic termination, but everyone knows that just means killing the fetus. I was very
37 reluctant for my sister to make that decision. Although it’s true I am pro-life, what is more
38 important is that I am fully aware that all abortions can create deep and abiding emotional
39 distress and guilt. However, none affects a woman as negatively as the type of
2140 “convenience” abortion Karen’s doctor was recommending. For instance, Dr. David
41 Reardon, Ph.D., Founder of the Elliot Institute for Post Abortion Studies and author of
42 Aborted Women – Silent No More, has conducted research which found that women who
43 underwent eugenic abortions have the most difficult time coping because they aborted
44 babies who were wanted, at least babies who were wanted until it was discovered they
45 were going to be “defective.”
46 You must remember, in a convenience abortion, the woman knows that she and she
47 alone is responsible for the death of her child. And, researchers on the after-effects of
48 abortion have identified a pattern of psychological problems known as Post-Abortion
49 Syndrome, or PAS. Women suffering PAS may experience drug and alcohol abuse,
50 personal relationship disorders, sexual dysfunction, communication difficulties, damaged
51 self-esteem and even attempted suicide. Finally, other studies have shown that there is
52 a high incidence of marital separation or divorce after abortion. Naturally, I didn’t want my
53 sister and her husband to experience any of that.
54 In my opinion, the prognosis regarding their child’s potential life was poorly delivered by
55 their physician. This complicated the decision-making process because they felt
56 pressured to follow his recommendation, rather than making their own choice. It is true
57 that most Trisomy babies are born with heart defects, respiratory problems, and physical
58 abnormalities, but that doesn’t make them any less valued as children. It is also true that
59 the life expectancy of babies born with Trisomy 18 is not good – a study in clinical genetics
60 conducted by Nielsen Goldstein in 1988 found that about 50% of babies died by one week
61 and about 90% by five months. In that study, however, most of the children were not
62 prenatally diagnosed, and, therefore, were cared for in the obstetric and delivery room
63 settings without knowledge of the diagnosis or prognosis. This could account for the low
64 survival rates that conflict with other studies which show that 45% of children born with
65 Trisomy 13 will die within the first month and 70% of the survivors will die by one year of
66 age. Cast in a more positive light, however, it can be said that 55% will live past the first
67 month, and 30% will live past the first year. It is true that survival to adulthood is quite
68 rare, but one adult is known to have survived to age 33.
69 Most survivors have profound mental and physical disabilities; however, the capacity for
70 learning in children with Patau syndrome varies from case to case. Older children may be
71 able to walk with or without a walker. They may also be able to understand words and
72 phrases, follow simple commands, use a few words or signs, and recognize and interact
73 with others.
74 Besides the doom-saying doctor, there were also well-meaning family members and
75 friends who told them it would be “better” if Karen just had an abortion and because they
76 didn’t “need” the burden of a handicapped child. It would have been easy for them to give
77 in to that kind of pressure, but I didn’t let that happen. Thankfully, I was able to share my
78 expertise about chromosomal disorders with them and persuade them that it was not only
79 their right but also their duty to try to take the baby to full-term.
80 I began by letting them know that they weren’t alone in their situation. After all, a
2281 chromosomal defect of some type occurs approximately once in every 200 births, and the
82 risk factor is the same for all parents. Furthermore, although there are no absolute
83 statistics, it is estimated Trisomy 21 occurs approximately once in every 700 births,
84 Trisomy 18 once in every 1800 - 2000 births and Trisomy 13 once in every 2800 - 3000
85 births. In addition to there being plenty of people in the same boat, there are also support
86 groups, internet chat rooms and websites where families who have afflicted children get
87 together and share information. The most well-known of these is the Support Organization
88 for Trisomy 18, 13 and Related Disorders.
89 It is a worldwide organization that began in 1979, and now has 10 international chapters
90 as well as 57 here in the United States. The local chapters are run independently from
91 state to state, allowing them to bring together family members and professionals for
92 informal meetings. Imagine the comfort this brings to all parties, to be able to meet face
93 to face with other parents who have similar experiences to share. I knew this would be of
94 great interest to Karen, so I told her about it immediately and requested a “new family
95 information packet” for her. Included in the packet were copies of recent newsletters, a
96 booklet about the common problems for babies with Trisomy, fact sheets about Trisomy
97 13 and 18, growth charts, expected developmental milestones and an audio DVD. While
98 I already knew all the information contained in the packet, I wanted Karen and her
99 husband to have tangible proof of the support network that was out there and that would
100 be there for them after the birth of their new baby.
101 Through delivery, Karen’s pregnancy was relatively uneventful. Then, at birth, Daria –
102 that’s what they named the baby -- had congestive heart failure, apnea, which means her
103 breathing was interrupted for periods of time, and a cleft lip. She also suffered from low
104 birth weight and was born with her fists clenched, having her index finger overlapping her
105 third and fourth fingers. During her first months of life, my sister and her husband learned
106 how to manage tube feedings and oxygen masks, and they spent many all-night vigils at
107 Daria’s bedside. But, she wasn’t born blind or deaf like so many Trisomy 18 babies, so
108 there was much for which we could be thankful. Most importantly, she has grown and
109 flourished and is now nearly four years old! Although I already knew intellectually that all
110 life is precious, my sister’s experience really reinforced that for me.
111 On the night of Ms. Taylor’s tragic automobile accident that led to the death of her baby,
112 I was on duty in the emergency room at EOMH. When the ambulance arrived, she was
113 wheeled immediately to the ER. In a brief physical exam, I noted a bruise on her
114 abdomen, which was consistent with her having been in an auto accident. She had a
115 minor cut on her forehead, which a nurse cleansed and bandaged. Naturally, I was far
116 more concerned about her and her baby then I was about a little scrape. I immediately
117 ordered a transvaginal ultrasound probe which confirmed pregnancy of approximately 28
118 weeks. The fetal heart rate was 130 and regular. Ms. Taylor complained of abdominal
119 and back pain, although at that time there was no vaginal bleeding. A blood test revealed
120 her BAC to be .08, over the legal limit, which, no doubt, led to her car wreck. I decided to
121 admit her to the OB/GYN ward for further observation and fetal monitoring.
122 About six hours later, Ms. Taylor began to experience vaginal bleeding and the fetal
23123 monitor indicated the baby was in distress. An ultrasound was performed, revealing
124 significant placenta abruption, one of the leading causes of fetal death in the third
125 trimester. You see, the placenta transfers oxygen and nutrients from the mother’s
126 bloodstream to the baby and carries fetal waste products in the opposite direction.
127 Abruption, or separation, of the placenta refers to the separation of the placenta from the
128 inner wall of the uterus before labor begins which can decrease or interrupt the flow of
129 oxygen-rich blood to the baby. Ms. Tayor was quite lucky, you know. There is no clear
130 diagnostic test for abruption, and it is not always observable through ultrasound. In any
131 event, I determined that the distress of the baby and the risk to the mother was severe
132 enough that we should proceed with an emergency abdominal delivery, or cesarean-
133 section.
134 The delivery went well, and Ms. Taylor gave birth to a 4½ pound baby boy. It was apparent
135 upon delivery that the child was not perfectly formed. He had a moderately small head,
136 known as microcephaly, and I noticed that his forehead sloped. In addition, he
137 experienced periods of interrupted breathing know as apnea and his heart action was
138 relatively slow. We provided respiratory life support, and he was resuscitated
139 successfully. Because of the observed microcephaly, I ordered a cat scan of his brain.
140 Fortunately, he was not found to be holoprosencephalic, which means his forebrain had
141 developed and divided properly. This was excellent news.
142 Based upon his physical characteristics I suspected a Trisomy, but only a chromosome
143 analysis could actually confirm that. He was transferred to the neonatal intensive care
144 unit, where he remained on life support overnight. Over the course of the next 36 hours,
145 Baby Doe seemed to improve slightly, so we extubated him. He did well initially, but then
146 he began to have repeated and prolonged periods of apnea. We resuscitated him on
147 three more occasions, but on the fourth attempt, we were unable to bring him back.
148 I ordered that a blood and tissue sample be sent to a cytogenetics lab for testing. These
149 tests are 99.9% accurate, but they take some time. The following day, I prepared a
150 summary of the medical records of Baby Doe in which I set forth clearly the information
151 outlined above. I also explained my medical conclusion that the cause of death was
152 prematurity. It is my expert opinion that had Baby Doe been given his rightful opportunity
153 to remain in the womb for an additional 2 months, his physical condition would have been
154 dramatically improved. As it was, he was denied 24% of his time to grow and develop
155 because his mother chose to drink and drive. The blunt trauma to her abdomen that she
156 sustained in the accident caused the placenta abruption. The placenta abruption then
157 necessitated a premature delivery to protect both the child and the mother. I have no
158 doubt, whatsoever, that Ms. Taylor and Ms. Taylor alone is responsible for the death of
159 her child.
160 A few weeks later I received the results on the cytogenetic test, confirming that little Baby
161 Doe did, in fact, have Trisomy 13. Isn’t it unfortunate that because of his mother’s total
162 disregard for her child, there was no opportunity to see if he might have been among the
163 55% who live past the first month or maybe even among the 30% who live to the first year
164 or beyond.
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