LIHUE — A Kauai woman, Michelle Galvez, was found guilty during a bench trial Thursday in Fifth Circuit Court of assault in the second degree. The victim, a child under her care, suffered such severe brain injuries that he requires around-the-clock care.
The assault on Oct. 24, 2015 resulted in the victim sustaining a subdural hematoma, a linear fracture to his skull and severe retinal hemorrhaging to his right eye.
“As a result of the vicious act of aggression on (the baby), he is unable to move himself independently, he is unable to speak, he is unable to see, he is unable to talk,” said Michelle Puu, deputy attorney general for the state of Hawaii.
During closing arguments, Puu said there were two issues of contention.
The first, did the child cause the injuries to himself, or did the defendant cause his injuries? Secondly, when the defendant did this, did she act with an intentional or knowing state of mind?
The first question, Puu told the court, is easy to answer, after testimony from the state’s expert witness in child abuse, Kayal Natarajan.
With 15 years of experience in child abuse pediatrics, Natarajan said there was no possible scenario where the baby could have caused such significant injuries to himself.
“Given the fact that there is a subdural hematoma as well as the extent of retinal hemorrhaging, it is simply impossible for a child of that size and that age to have been able to generate the amount of force required,” Puu said.
The degree of retinal hemorrhaging sustained by the baby is only found in those who have been in a severe car accident or sustained high falls or a crushing head injury with skull fractures, Puu said.
Regarding the defendant’s state of mind, the question is equally as simple, Puu said. Did she know the handling of the baby could cause the level of injury he sustained, the serious bodily injury?
The answer to that could also be her conduct following the incident and her account of what happened, Puu said, arguing Galvez attempted several times to cover up the extent of her baby’s injuries by saying he was choking.
The fact that Galvez didn’t tell anyone the baby had struck his head on the entertainment center is indicative of her state of mind the day of the incident, she said.
“Why wouldn’t you tell right away, assuming this was an accident? The only reason you wouldn’t reveal right away is because you’re the one responsible for that injury. There is no other plausible explanation for her concealment,” Puu said.
Defense attorney Emmanuel Guerrero said the evidence does not show that Galvez picked up the baby and threw him. Ms. Galvez did not physically, intentionally, knowingly or recklessly harm the baby, Guerrero said.
“The state makes a big point about (the baby) was a nagging child, fussy, too much to handle, and because of that they are telling you beyond a reasonable doubt that Ms. Galvez’ state of mind was nothing but anger, frustration, focused and directed at the baby,” he said.
The baby was a normal child, but had a cold for a couple of weeks and needed more attention, Guerrero said.
“That does not equate to frustration, anger and intent to harm the child. That’s not what the evidence shows. The evidence shows reasonable doubt as to the state of mind of trying to calm a child for Ms. Galvez.”
The question, Guerrero said, is whether Galvez caused the injury to the child.
“She did not,” he said. “There is no physical evidence whatsoever that Michelle caused the harm of (the baby).”
The witnesses say no, the lack of evidence says no, Guerrero said.
“I would agree with the court that all of those doubts that she’s not guilty of the charge in the first degree,” he said.
In his ruling, Chief Judge Randal Valenciano said the court didn’t find the injuries to the child to be accidental and charged Galvez with assault in the second degree because the child, who is under eight years old, suffered severe bodily injuries.
Because she was found guilty of assault in the second degree, Galvez was not eligible for probation and was remanded into custody. Bail was denied and she’ll serve mandatory jail time.
Sentencing is scheduled for April 26.
