Opinion
No. 2-272 / 01-1048.
Filed May 15, 2002.
Appeal from the Iowa District Court for Scott County, JOHN A. NAHRA, Judge.
Nicole M. Hythecker appeals from the judgment and sentence entered upon a jury verdict finding her guilty of assault causing serious injury and child endangerment — multiple acts. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and David A. Adams, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Darrel L. Mullins, Assistant Attorney General, William E. Davis, County Attorney, and Julie Walton, Assistant County Attorney, for appellee.
Considered by MAHAN, P.J., and MILLER and HECHT, JJ.
Defendant Nicole Hythecker appeals from the judgment and sentence entered upon a jury verdict finding her guilty of assault causing serious injury, in violation of Iowa Code sections 708.1 and 708.2, and child endangerment — multiple acts, in violation of sections 726.6 and 726.6A (1999). Hythecker contends the district court erred in finding sufficient evidence to support the convictions. We affirm.
Background Facts and Proceedings. Nicole Hythecker is the biological mother of Dylan, born November 15, 1997. In August 2000 Hythecker began a relationship with Dana Woolison. On September 13, 2000, Davenport police responded to a report of child abuse, which alleged that Dylan had various scratches on both sides of his neck. Gaye Todtz, a social worker from the Iowa Department of Human Services (DHS), investigated the report on September 18. She did not observe any bruising or scratches on Dylan although police officers had observed a few minor scratches. Hythecker explained that she was showering with Dylan when she grabbed him around the neck to prevent him from falling. Todtz determined that the evidence did not support a physical abuse finding.
Dylan's grandfather stated that Hythecker did not usually shower with Dylan.
Todtz later amended her report in January 2001 to find a confirmed report of abuse.
During late September 2000 relatives observed Dylan limping and favoring his left leg. Hythecker told Dylan's grandmother that the child's limp came from a fall. She also stated that he was limping to gain attention. She later told her mother that she took Dylan to the doctor, who said he was limping because they moved into an apartment with Woolison. During this same time period, Dylan was also observed with black eyes, which Hythecker explained were caused from a fall backwards off a chair.
There is no evidence in the record that Hythecker actually took her son to the doctor during the month of October.
On October 23, 2000, Hythecker's stepfather contacted DHS alleging Dylan was being physically abused. Linda Schneden investigated the report. She noted that Dylan would not respond to her during the interview. She did notice that he was limping slightly. Hythecker told Schneden that two weeks earlier Dylan hurt his left ankle when he went to the refrigerator for a pop. She provided Schneden with no other explanation for his condition.
On November 8, 2000, Hythecker brought Dylan to see Dr. Nazir Kayali and told him that the child had abdominal pain and was vomiting. During Dr. Kayali's examination, he noticed that Dylan had a bruised eye, major bruises on his abdomen and genital area and smaller bruises on his body and spine. His abdomen was firm and tender. Dylan was admitted to Genesis West Medical Center where Dr. Barbara Harre, a child abuse expert, examined Dylan. She observed he was suffering from numerous severe injuries. Dylan had various bruises to his jaw, left temple, arms, and lower abdomen. He also had bite marks on his neck, an irritated area on the left side of his abdomen, a bloated stomach, and various colored bruises on his chest.
Upon further examination, Dr. Harre observed scabbing injuries to Dylan's pubic area, bruising on the shaft of the penis, bruises on the legs and spine, a healing burn on his right hand, and tenderness in his wrist and on his head. Tests further revealed a laceration of the pancreas, which was leaking enzymes into the abdominal cavity. A pseudocyst had formed around the injury. The injury to the pancreas was life-threatening. X-rays revealed more extensive injuries to Dylan. He was suffering from a significant one-week-old skull fracture, six-to-eight-week-old fractures of his ulna and radius of the right arm, and a three-to-four-week-old fracture of the left tibia. Dr. Harre noted that a caretaker should have noticed the child's decreased use of the injured extremities. After his stay at Genesis, Dylan was transferred to the Children's Hospital at the University of Iowa Hospitals for surgery, where he remained until December 22, 2000.
Hythecker's explanation for Dylan's egregious injuries varied. Initially she told Dr. Kayali that the injuries were caused from a fall from his bed onto some toys on the floor. When she spoke with a Genesis social worker, she reported she was uncertain how the injuries occurred. When she spoke to the investigator, she stated that on November 6, 2000, she returned home from running errands when she noticed Dylan had bruises on his face. At that time, she explained Dylan complained of stomach pain and began to vomit. She mentioned that he fell out of his bed onto a pillow. While at the Davenport police station, Hythecker and Woolison stated that the child had fallen from his bed onto a chair. She also stated Dylan's arm, leg, and skull fractures were caused by a fall from a swing.
On January 17, 2001, Hythecker and Woolison were charged by trial information with willful injury in violation of section 708.4 (1999) and child endangerment-multiple acts. A joint trial was commenced on May 21, 2001. The jury returned verdicts of guilty against both Hythecker and Woolison. Specifically, Hythecker was found guilty of the lesser-included offense of assault causing serious injury and child endangerment-multiple acts. She was sentenced to serve concurrent indeterminate terms of five years and fifty years. Hythecker appeals.
Standard of Review. We review challenges to the sufficiency of evidence for errors at law. State v. Button, 622 N.W.2d 480, 483 (Iowa 2001). A verdict of guilty is binding on appeal unless no substantial evidence exists to support it, or it is clearly against the weight of the evidence. State v. Shortridge, 589 N.W.2d 76, 80 (Iowa Ct. App. 1998). Substantial evidence means evidence that could convince a rational trier of fact the defendant is guilty beyond a reasonable doubt. Id.
Sufficiency of the Evidence. Hythecker contends insufficient evidence existed to convict her. She contends the district court should have granted her motion for judgment of acquittal. We disagree.
After a careful review of the record, we find there is sufficient evidence to support the jury's verdict. The record was established with enough precision to enable the jury to be satisfied beyond a reasonable doubt of the time and place where each of the three acts occurred. Iowa Code § 726.6A. The medical evidence indicated that Dylan suffered numerous severe injuries that were in different stages of healing when he was admitted to the hospital on November 8, 2000. The same evidence also suggested that he suffered four serious injuries between September and November 8, 2000. Dr. Andrew Berkow testified that the injuries to the pancreas and the skull could have occurred on the same day, but would have had to been inflicted separately.
We also find substantial evidence to establish the injuries inflicted upon Dylan were intentional. The evidence at trial overwhelmingly suggested the severe injuries were inconsistent with an accidental injury. In addition, Dr. Berkow stated that a fall from the bed as described by Hythecker would not have generated enough force to cause the injuries. During this period of time, Dylan was in the care of Hythecker and Woolison. In addition, the record is also clear that Hythecker was aware of Dylan's leg injury and chose not to seek medical treatment. Likewise, she was aware of Dylan's pancreatic condition on November 6 but chose not to seek medical attention until a day later.
As previously mentioned,Hythecker's explanation for Dylan's egregious injuries varied. Her conflicting statements were additional evidence from which the jurors could infer guilt. See State v. Cox, 500 N.W.2d 23, 25 (Iowa 1993) (stating that a "false story told by a defendant to explain or deny a material fact against him is by itself an indication of guilt"); State v. Mayberry, 411 N.W.2d 677, 682 (Iowa 1987) (stating that guilt may be inferred from defendant changing his story); State v. Blair, 347 N.W.2d 416, 422 (Iowa 1984) (stating that "a defendant's inconsistent statements are probative circumstantial evidence from which the jury may infer guilt"). She was protecting herself and Woolison to Dylan's peril.
We also take into consideration her demeanor and conduct subsequent to her son's injuries. A defendant's demeanor and activities immediately following an alleged offense provide a legitimate basis for inferring consciousness of guilt. Schrier v. State, 347 N.W.2d 657, 665 (Iowa 1984); see also State v. Lewis, 514 N.W.2d 63, 66 (Iowa 1994) (stating "presence, companionship, and conduct before and after the offense is committed" may be enough from which to infer a defendant's participation in the crime); Cox, 500 N.W.2d at 25 (stating that "[a]dmissions may be implied by the conduct of the defendant subsequent to a crime . . . when such conduct indicates a consciousness of guilt."). In the present case, when Dylan began to show signs of a broken leg, she minimized his condition. In addition, she minimized her son's serious injuries when he was admitted to the hospital. She also did not comfort her son when he was given an I.V. and would not encourage her son to reveal the name of his attacker. Hospital staff observed Dylan demonstrated a great fear of Woolison and showed indifference toward his mother.
Reviewing the record in the light most favorable to the State, we find there is sufficient evidence by which a reasonable jury could find beyond a reasonable doubt that Hythecker committed these offenses.
AFFIRMED.