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Updated: 6:27 p.m. Tuesday, Oct. 23, 2012 | Posted: 2:00 p.m. Tuesday, Oct. 23, 2012

Man guilty in infant’s death

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Man guilty in infant’s death photo
Steven Haley weeps as Judge Craig Hedric sentences Haley to 15 years to life for killing his girlfriend’s 4-month-old son.
Man guilty in infant’s death photo
Family and friends of James Smith console one another Tuesday as Judge Craig Hedric sentences Steven Haley to 15 years to life for killing the 4-month-old boy.
Man guilty in infant’s death photo
Robert Smith, father of James Smith, talks with the media Tuesday after Judge Craig Hedric sentenced Steven Haley to 15 years to life for killing the 4-month-old boy.

By Denise G. Callahan

Tears were flowing throughout the two-day murder trial of Steven Haley, and even more so after the judge found him guilty Tuesday and sentenced him to 15 years in prison.

The 30-year-old Hamilton man accused of killing his girlfriend’s infant son was found guilty on all counts by Judge Craig Hedric, after he reviewed the evidence for about an hour. Haley sobbed into his orange jail jumpsuit when the verdict was announced and well after while attorneys conferred with Hedric in chambers.

Haley was charged with murder and endangering children in the death of 4-month-old James Smith last February. Hedric found him guilty on both counts and sentenced him to the mandatory 15-years-to-life prison term.

Haley was watching the baby and his older brother while their mother worked a double shift. The baby’s biological father said he wishes Haley would have gotten life without parole.

“I loved my son, when he was killed it took a piece of my heart,” Robert Smith said. “Now I feel empty and that hole in my heart will never be filled.”

Assistant Prosecutor Jennifer McElfresh appeared emotional as she showed heart wrenching autopsy photos earlier in the day. She said justice was served.

“This was a precious 4-month-old child that suffered tremendously, and I believe that the verdict was just,” she said.

Two doctors testified Tuesday morning that the infant suffered severe trauma to his head and neck, causing massive bleeding and swelling in his brain. There was bruising on other parts of his body as well.

The baby’s mother found her son limp and seemingly lifeless after she rushed from her late shift at a nearby hospice on Feb. 27. The infant was taken to Fort Hamilton Hospital and then flown to Children’s Hospital in Cincinnati, where he later died.

Assistant Hamilton County coroner Dr. Jennifer Schott testified the baby suffered “at the very least 11 impacts” that caused the brain injuries. The child also suffered a fractured rib near his collarbone in his back.

Hedric, before he delivered his verdict, said the case was all about timing. Phone calls between Haley and the mother and testimony of a friend who was at the house the day before the early morning incident, proved to him Haley was the only one in the house that could have killed the child during the window the child was apparently attacked.

“Maybe the most important testimony that was given to this court was that at a minimum there were 11 impacts on this 4-month-old child. She said it could not have been less but it could have been more…,” he said. “Eleven impacts is still a very significant number of impacts on a 4-month-old.”

Defense attorney Damon Halverson asked the coroner if possible scenarios, like an accidental drop onto the wooden crib or someone throwing a hard plastic toy at the baby, could have caused such injuries.

“The internal injuries are not caused by those types of impacts,” she said. “The injuries to the head and neck are far more severe… The internal injuries don’t happen with everyday mishaps.”

The baby’s mother had suggested a 3-year-old who was visiting — and allegedly has violent tendencies — may have attacked the baby. She did not want to comment after the verdict.

Halverson, who only called one witness — a 7-year-old girl who was at the house with her mother the day before the incident — said the case was hard and the outcome was disappointing.

“Steve has always maintained his innocence,” he said. “He expressed awful remorse about the fact that this ever happened.”

He said he doesn’t know if Haley will appeal the decision.

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