Document text
Mistrial declared in case of alleged assault on baby Petey Henthorne, left, looks at his defense attorney, Paul Moser, Thursday during his trial for the alleged assault of a baby. [Mail Tribune / Denise Baratta] Friday Apr 7, 2017 at 3:28 PM Apr 7, 2017 at 8:38 PM Vickie Aldous Mail Tribune @VickieAldous A mistrial was declared Friday evening after a jury was unable to reach consensus on a case in which a Medford man was accused of assaulting a baby and failing to get medical attention after the attack. Attorneys delivered closing arguments early Friday afternoon and the jury deliberated until about 7 p.m. before sending a note that members were unable to agree whether Petey Ray Henthorne, 27, was guilty. Jackson County Circuit Judge David Hoppe declared a mistrial, then set a pre-trial conference for April 24 for a new trial. Henthorne faced charges of first-degree assault and first-degree criminal mistreatment in the trial that began Tuesday. The trial was scheduled to wrap up Thursday, but extended into Friday. Hoppe said the court will schedule a full week for the second trial. Senior Deputy District Attorney Terry Smith-Norton, who prosecuted the case, said the jury obviously worked very hard to reach a verdict but couldn't. She promised to work even harder herself on the second trial. Defense attorney Paul Moser declined to comment about the mistrial. Henthorne and his family members also declined comment. Henthorne maintains he went to look for diaper wipes in another room on March 24, 2015, when the 1-year-old fell off a bed and was injured. But Smith-Norton said in her closing argument that the severe injuries suffered by the child could not have been the result of an accidental fall off a bed onto a carpeted floor. "This is not an accident. They are inflicted injuries," she said. The baby had five freshly broken ribs, bruises under both sides of his chin indicating he had been strangled, a bite mark on his face, bruising and marks on all sides of his face and head, retinal bleeding, brain bleeding and bruising inside his ears and mouth. Ligature marks indicated someone had tied something around his neck, Smith-Norton said. She said Henthorne lost his temper with the baby and struck, bit and strangled him. The baby suffered a stroke and seizures. He has cerebral palsy and has difficulty moving one side of his body. It's not known yet what long-term cognitive and vision impairments he may suffer, Smith-Norton said. All witnesses at the trial testified that Henthorne had been left alone in a Medford home with the baby while other residents and their friends left to run errands and go fishing. The baby is the nephew of Henthorne's girlfriend, who had taken him in as a foster child. The aunt was also foster parenting another nephew, who was 12 years old at the time. According to court testimony, that boy had been institutionalized for anger issues and had been through various foster homes before settling in with his aunt. He had recently kicked a hole in a wall at school. In his closing argument, Moser painted a different story about how the baby sustained the injuries. "I'm not going to stand here and tell you that was a fall off the bed," he said. Moser said the 12-year-old boy may have injured the baby, and the family may be trying to shield the boy. Moser said the boy was protective of a toddler girl who also lived in the house. The baby, who was beginning to learn to walk, would pull her hair and scratch her. The girl is the biological daughter of Henthorne and the baby's aunt. Moser said the boy may also have been jealous of the baby, who recently had been moved into the home. Smith-Norton scoffed at the idea that the boy could have injured the baby. "Don't be fooled by it. Hold him accountable," she said of Henthorne to jurors. A photo taken in the house earlier in the day showed the baby without injuries to his face. The boy, relatives and friends all left the house — and the baby was fine at that time, witnesses said. It was only later, while Henthorne was alone with the baby, that Henthorne texted the aunt at about 4 p.m. saying the baby fell off the bed. When the aunt eventually came home, she discovered the baby could no longer hold up his head, and she felt broken bones in his body. She instructed Henthorne to take the baby to a hospital emergency room while she went out to buy formula, but Henthorne never took the baby to the hospital, according to court testimony. When the aunt came home again after not finding Henthorne or the baby at the hospital, she found Henthorne still in the house with the baby — who was losing consciousness. The aunt called 911 for an ambulance after 6 p.m., according to testimony and dispatch call records. A police officer and paramedic who responded to the scene testified the baby's extensive injuries were not consistent with a fall. They said both the aunt and Henthorne were unusually calm. The baby was taken by ambulance to Asante Rogue Regional Medical Center, then flown to Doernbecher Children's Hospital in Portland. The aunt during the investigation and trial said the baby bruised easily because he had anemia, but medical experts said there was nothing wrong with him that would have caused easy bruising or broken bones. The aunt and the baby's grandmother, a nurse, said he had eczema, a skin condition, and would scratch and pull at his skin. The aunt said another child visiting the home could have bitten him on the face and she said he would pound his face onto the floor while crawling if she didn't pay attention to him while cooking. As for bruises under his jaw that Smith-Norton said were signs of strangulation, the aunt said she would have to hold his face still while brushing his teeth, but she didn't know what caused the bruises. — Reach staff reporter Vickie Aldous can be reached at 541-776-4486 or [email protected]. Follow her at www.twitter.com/VickieAldous.