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Previous condition could have contributed to infant's death, expert testifies

Wednesday, May 28, 2008 11:32 PM PDT

By Stephanie Mathieu

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A paid medical expert on Wednesday said the Longview infant allegedly killed by her father in 2006 could have died from a spontaneous brain bleed or dehydration.

Defense lawyers called Jan Leetsma to the stand to rebut prosecution witnesses who say the 3-month-old infant died from shaking or a severe whiplash.

Microscopic slides of the baby’s brain obtained during an autopsy show a lining around the brain made up of scar tissue, blood and other cells, said Leetsma, a neuropathologist, a discipline specializing in examining fatal brain illnesses and injuries.

His finding suggests the infant’s brain had been bleeding for at least a week before her death, and bleeding could have started as early as birth, Leetsma said.

“These are very thin wall capillaries, and they just leak,” Leetsma said. “There must have been some bleeding there, way back.”

Benjamin Shane Pingle, 25, of Castle Rock faces charges of second-degree murder or first-degree manslaughter in the death of his 12-week-old daughter, Justice Pingle. He also faces second- or third-degree domestic violence assault of a child for allegedly causing scrapes and bruises on Justice’s twin sister, Liberty Pingle.

The trial is in its third week, and the defense expects to call family members to the stand.

On Jan. 22, 2006, Krystal Pingle called 911 shortly after 2:30 p.m. to report she had just arrived home and her baby wasn’t breathing. The baby, who could not be revived at St. John Medical Center, died of “closed-head trauma, with the manner of death being a homicide,” according to the autopsy.

Longview police arrested Benjamin Pingle — Krystal’s husband — two days later on suspicion of causing his daughter’s death by abuse. Prosecutors say he was alone with the children before Krystal arrived.

Krystal Pingle testified last week that two days before Justice’s death, she noticed a bruise on Liberty’s face. The next day, she noticed a bruise on Justice’s back while bathing her.

The defense contends Justice died from brain injuries suffered at birth that were compounded three months later by dehydration. The twins, born nearly five weeks premature, had a cold days before Justice’s death, and Benjamin Pingle told police Justice was vomiting violently and probably became dehydrated hours before her death.

Leetsma said dehydration could have contributed to the baby’s death.

“(Dehydration) can produce a whole series of complications,” including clotting of veins in the brain, Leetsma said.

During the first week of trial, an emergency room doctor called by the prosecution testified that Justice showed no obvious signs of dehydration. And the medical examiner testified that dehydration could not have caused the infant’s brain to hemorrhage.

Leetsma said Wednesday that vomiting could have been a symptom of bleeding on the brain reaching a critical mass. The excess blood prevented Justice’s brain from absorbing spinal fluid, shutting down her brain.

“Could this have gone back to birth? Yes,” Leetsma said. “Children (premature) like this one … are more at risk for these kinds of problems.”

Last week, a forensic pathologist testified that the brain bleeding was caused by whiplash or shaking. The pathologist also said the bruises found on Justice and her twin sister were fresh and could not have been self-inflicted, as the defense asserts.

Even though an ultrasound did not pick up bleeding in Justice’s brain at birth, a more precise CT or MRI scan probably would have, Leetsma testified. No such scans were taken.

“Even though the ultrasound didn’t pick up blood, this child probably had some,” Leetsma said.

During cross examination, Cowlitz County Prosecutor Sue Baur asked if Leetsma’s theory about spontaneous bleeding is controversial, especially among forensic pathologists. He said he believes forensic pathologists are coming to accept the theory.

Baur also confirmed that a medical journal article Leetsma wrote about the theory of spontaneous brain bleeds prompted 72 physicians to write a letter to the editor of the journal that called his theory a “courtroom diagnosis, not a medical diagnosis.”

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roudy russ wrote on May 29, 2008 6:21 AM:

" A "paid" medical expert? How reliable is some one who is paid to say what you want them to say? In my opinion this guy is guilty as Hell and needs to swing from the highest tree. "

turkeyhunterman wrote on May 29, 2008 9:05 AM:

" Paid expert testimonies are not only common but usually the norm.. I would bet that the state has paid experts also. The Daily News tend to sensationalize stories so people will read it. It wouldn't make for good reading if they said the prosecution had paid experts too. I was just wondering what your opinion is based on. Fact or where you there to observe this alleged abuse. We used to burn witches in this country. Sounds like you're on a witch hunt also. "

Jackal wrote on May 29, 2008 9:12 AM:

" Russ, you don't know that. We're assuming he's guilty without it being proven, which isn't the way America works. It just disturbs me that we've had multiple medical experts saying opposite things. It makes it hard to know who's right if they're both 'experts'. The same thing happened with the paramedics in the first week of the trial. One said that Ben was really upset while they tried to revive the baby, the other said that Ben was calm and didn't really show any signs of worrying. This whole thing is confusing, and very emotionally charged to be sure. "

my opinion wrote on May 29, 2008 9:17 AM:

" There is more to this then meets the eye! I could maybe understand one baby having a bruise and something going wrong, but both? There will always be shoulda, couldas going on....but what's wrong with a lie detector test? Why can't we do that and see if he is being honest or not? Either way it goes, this man will pay for this the rest of his life, and if he did do it, he SHOULD! Another question, what does the mom believe in all this? I think if I found bruising on both my babies after being left with someone, I know what I would think! "

Jackal wrote on May 29, 2008 9:46 AM:

" Lie detector tests are actually fairly easy to manipulate if you know how they work and if you're good at controlling your nerves and pulse. The wife is standing by her husband, as far as I know. I believe she testified that he was a loving father last week, and that he couldn't have done something like this. "

Rosie wrote on May 29, 2008 10:08 AM:

" So how does Dr. Leetsma explain all the bruises and the face abrasion in considering the "spontaneous brain bleed"? Oh yeah, the binky caused bruising that lasted several days and the face abrasion was from the constant face grinding movement of a 3-month old??? That could have happend if this baby was on a bed of nails and sandpaper maybe. "

turkeyhunterman wrote on May 29, 2008 10:34 AM:

" Maybe Rosie and Russ could get together and look for witches. I'm not sure how we can come to conclusions with only a very limited amount of information. I think that's what is known as ignorance! Ignorance is choosing to ignore all the facts. I don't have all the facts.. Do you? "

my opinion wrote on May 29, 2008 11:17 AM:

" I can't help but think of the babies in this situation. How sad to die so young. I am not here to judge because I am not perfect, but I am still confused how both of the babies could be bruised. It just seems odd. Please someone, help me understand this. Am I totally thinking unclear? "

shock n awe wrote on May 29, 2008 11:31 AM:

" C'mon people, The Daily News' only competitor is The National Enquirer. The more shocking the story, the more papers they sell. It's obvious that it's not about reporting it's about sales and the reporter getting promoted. "

turkeyhunterman wrote on May 29, 2008 11:44 AM:

" I raised two children. I remember when they scraped their face with their sharp little finger nails. I remember my wife saying that someone was going to turn us in because of abuse. Nothing could be further from the truth but Rosie would probably have put me in jail. Some babies are prone to bruising especially premies who have development issues. This has to be horrible for all of the family involved. Why not wait and let the jury do what they have been asked to do? "

cheerio wrote on May 29, 2008 11:58 AM:

" If i found bruising on my INFANT childrens face and back i sure as hell would be figuring out where they came from. Not for a second would i believe the story of the pacifire and rug burn. A lot of us gals have a thing called womens intuition. If it don't smell right then somthings fishy. "

Nexus wrote on May 29, 2008 12:09 PM:

" Based on my own personal exsperiance, I have yet to meet a "medical export" in Longview. I think cases like these when they are based soley on export opinons need to have "real" exports brought in out of town. I would happen to lean more to beliveing a real export then a doc from Longview. "

Emmiecubed wrote on May 29, 2008 12:22 PM:

" "medical exports"?? "

Nexus wrote on May 29, 2008 12:38 PM:

" You happy? I spell checked it!
" Based on my own personal experience, I have yet to meet a "medical export" in Longview. I think cases like these when they are based solely on expert opinions need to have "real" experts brought in out of town. I would happen to lean more to believing a real expert then a doc from Longview. " "

Mama Duck wrote on May 29, 2008 2:21 PM:

" This whole situation is so sad. I think of my twins at 3 months old every time I read about this family. I can't imagine anything like this happening to them. I'm not saying the father is guilty but I do think that his story isn't adding up and should be looked into. I know how stressful it is having two premature infants to care for, I don't know how you could hurt them though. Several times, I left them in their cribs after a really stressful day, and went into the other room for 5 or 10 minutes to do some really deep breathing. Crying for a few minutes won't hurt them but it can do the adult a world of good! "

mysterymom wrote on May 29, 2008 2:40 PM:

" Just because you spell checked it, does not mean that it is right. "

RAL Alum wrote on May 29, 2008 3:27 PM:

" I think Nexus was referring to the aid we are currently sending to China and Burma. You know the medical supplies we are exporting. I'm no "expert" on the subject but I'm pretty sure thats what he means. "

roudy russ wrote on May 29, 2008 5:06 PM:

" For Turkeyhunterman: My opinion is based on having a two year old and a four year old. They get bumps and scrapes all the time. They never got rug burns at three months old and they never got bruises from a pacifier. "

roudy russ wrote on May 29, 2008 5:11 PM:

" HEY JACKAL, You have obviously never been in trouble with the law. Good for you but the American way is guilty intill proven innocent. Also I never said I knew anything, I said "In my opinion." And being an American I have that right! "

3forme wrote on May 29, 2008 6:44 PM:

" Of course you are an "expert" in your field when there are only a few in your field who are saying what you say. He's an expert in bogus science. When the majority of the medical profession is saying otherwise it's gotta make you wonder... "

thinkin' wrote on May 29, 2008 6:58 PM:

" So what's someone who works for a living supposed to do when they're asked to review a case they know nothing about, they travel in from out of town, stay overnight and spend the day waiting to be called for testimony? NOT get paid? My spouse is a 'certified' expert for certain matters. A judge at one point, in one case, or more, reviews their credentials, actually has a hearing regarding their credentials, and declares them as an acceptable "EXPERT". This, without exception, includes people with either enormous breadth of experience, or specific, refined, detailed experience. Of course they'd have to get paid - they don't have a dog in the fight, why on earth would they waste their time to show up, be questioned and put their name on the line without being paid? I think we all have an understanding of 'bogus' experts. These people won't be around for long. Commonly, people considered experts are way out on the cutting edge of their field, and commonly, they won't YET have a lot of people come around to their way of thinking...YET. Does not mean they're wrong. Experts decline testifying ALL THE TIME when they cannot support the case for the party that hires them. The big question would be, how many "experts" were hired and declined this case, if any? That's probably more telling. "

IWCJ wrote on May 29, 2008 7:41 PM:

" I would not want to be on this jury. "

a person wrote on May 29, 2008 8:02 PM:

" Does anyone think this sounds a little familar? Andrew Kennedy's trial also tried to claim that the child was "sick" and died of natural causes. I would get irritated if I were a coroner and I constantly had my professional opinions deemed as wrong. This is a horrible situation and paying somebody to possibly lie about won't help bring back this precious baby. "

valley thorn wrote on May 29, 2008 8:17 PM:

" Since living here in the area for three years there are no "experts" or "exports" among us. How disturbing to judge someone without all the facts set forth. Unless you have the knowledge about such cases please do not accuse someone of a crime. Listen to all the testimony first before you open up your big stuupid mouth. "

#29 wrote on May 29, 2008 9:50 PM:

" Actually Jim Morgan is a great lawyer and for the paid medical examiner it's not unusual they have (IME) independent medical examiners.For a lot of things and I went to one for my back and that IME proved my case and I won. So They do their studies being paid. But I believe there are honest ones out there no matter who pays their wages. And thank god i went ot an honest one. "

Aud wrote on May 30, 2008 9:48 AM:

" so, lets say she did have problems stemming from birth...why didn't her doctor catch all this and treat her for them? My youngest son was dehydrated once when he was sick with the flu and I spent 6 hours in the ER while he was given IV fluids to restore his levels.They should have caught this... "

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