GUILTY MI - Stepmom charged in rape/murder of Lily Furneaux-Wolfenbarger, 2, New Haven

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Assistant Macomb prosecutor Therese Tobin differs and on Monday asked circuit Judge Diane Druzinski to rule on two issues of evidence against King.

Druzinski said she will rule Tuesday before the start of the trial.

Malkiewicz said King’s husband, Jeffrey Wolfenbarger, supports his wife, although Wolfenbarger on Jan. 3 filed for divorce in the Macomb County court.

Wolfenbarger is expected to testify for the prosecution, although that does not mean he wants his wife to be convicted, Malkiewicz said.

http://www.voicenews.com/articles/2012/02/13/news/doc4f39cc92348b9825345677.txt?viewmode=2
 
http://www.voicenews.com/articles/2012/02/13/news/doc4f39cc92348b9825345677.txt?viewmode=default

Snipped from article above:

Tobin wants jurors to hear about King allegedly slapping Lily in 2009 while driving a car, according to a 19-year-old family member, to show a pattern of behavior.

“The victim was in a car with the defendant,” Tobin told the judge. “She was crying. She wouldn’t stop crying. She (King) turned around and smacked her and made her nose bleed.”

“Mrs. King realized the child was bleeding, she stopped the car and stopped the bleeding, and that was the end of that.” Continued...

Really? So you slap a child first of all who is not your child, then make that child bleed. Then you pull over and everything is okay? OMG! He is kidding me? Im trying to control what I want to say.....this is making me mad!!
 
Yeah, this attorney confused me. I'm not sure which scenario he was referring to.

!.) That she didn't hit Lily in the first place, simply realized Lily's nose was bleeding, (totally believable in this age group in my opinion) pulled over and stopped the bleeding.

2.) Or if he meant that she smacked Lily (and he thinks that is acceptable), then realized Lily was bleeding (which was not intended), so she pulled over and stopped the bleeding.

I am extremely anxious to see the evidence. I always have this horrible fear that we will convict someone innocent (not to mention let a perp go.)

Why is Lily's Daddy... standing by this woman, if it's true he is? He's had time now to come out of denial. What convinces him she's innocent?

I have so many questions. However, I refuse to doubt Lily's Mom, her passion and I totally support her quest for Justice.

I am just not sure what Justice is for Lily. I need to see the evidence that convinces them this is how Lily died and who did it.

lily11.jpg
 
Just a friendly reminder/request, if I can even do that.
I am not putting up any specific questions about evidence because that involves possible theories.
Lily's Mom has asked that no one do that now that the trial has started... we don't want to hand the defense a new story.
I don't want to risk seeing one of our theories show up in trial like we saw in a certain other case...
 
I also have several ideas in my head...maybe we can discuss at a later date.
 
We are going to have a lot to say by the time we are allowed to say it. Great exercise in willpower I guess?? Lily's Mom's request.
In the meantime.... jury selection has resumed today... I will refrain from saying anything other than that... no help to either side... :shutup:

Oh and Christine at detroitnews.com has done two articles in the last 2 days. It looks like they might consistently cover the trial.

http://www.detroitnews.com/article/...resumes-for-woman-in-death-of-stepdaughter--2

Macomb County Medical Examiner Daniel Spitz concluded Lily died of blunt-force trauma to the head. He also found evidence of a sexual assault.

Malkiewicz said the defense intends to call Washtenaw County's chief medical examiner, Bader J. Cassin, to provide a different opinion on the cause of death.
 
Okay, this is already out there and the defense already used it in court and I'm sure they will again. :banghead:

For anyone who might not be familiar with Daniel Spitz... this was asking for trouble to have him do this autopsy. :banghead:
Defense attorney's dream... Why would you have someone under investigation conduct such an crucial autopsy?!!?
By crucial I mean, a child homicide which has sexual assault accusations and you don't even have ANY items used to kill or injure the child.

Ten DAYS before Lily died he was being "grilled" and his future with the county had "yet to be determined."
He shouldn't have done this autopsy alone for the state. Just because it would obviously be used in the defense's case.
At a minimum, as soon as he said "homicide" they should have called in an outside ME to verify his findings so that it wouldn't be his opinion.

If the decision for this jury comes down to which medical examiner to believe?? I'm afraid that's going to be a problem. :twocents:


Monday, December 06, 2010

“I’d like to get a second opinion through an autopsy from an independent medical examiner from outside the county, hired by me,” Glanda said outside of court.

The official autopsy was conducted by Macomb County Medical Examiner Dr. Daniel Spitz, who has come under criticism for failing to detect a bullet wound in the head of a Mount Clemens banker whose body was found in Lake St. Clair.

Glanda said he wanted the second autopsy in part because of the Spitz criticism but also to have another review of the child’s body.

http://www.macombdaily.com/articles/2010/12/06/news/doc4cfdbea2cc11a908619214.txt?viewmode=fullstory


I do believe that the sexual abuse charge will come down to medical examiner testimony...

When it was dismissed:

http://www.voicenews.com/articles/2011/04/29/news/doc4dbadc8fc477e372789979.txt?viewmode=default

When it was reinstated:

http://www.voicenews.com/articles/2011/08/02/news/doc4e381c21112e8974553856.txt?viewmode=default


More about the Spitz missing the bullet hole situation:

These first two articles were TEN DAYS before Lily died.

http://www.mlive.com/news/detroit/index.ssf/2010/11/macomb_medical_examiner_daniel.html

http://detroit.cbslocal.com/2010/11/10/macomb-county-medical-examiner-in-hot-seat/

http://www.freep.com/article/201109...ery-clouded-by-botched-autopsy-puzzling-clues
 
Day one - Opening Arguments

King’s defense attorney, Jason Malkiewicz, told jurors King has consistently insisted she did not intentionally hurt the child but dropped her twice due to her bad back.

King took Lily to the bathroom to clean her after she vomited, “then her right leg gives out and Lily falls,” Malkiewicz said.
“She remembers three distinct sounds of Lily hitting the walls and the side of the shower.”

While running to the telephone to call, she dropped Lily again, Malkiewicz said.

http://www.macombdaily.com/articles/2012/02/15/news/doc4f3c3d804d117198279831.txt?viewmode=default


During her opening statements in the murder, criminal sexual conduct and child abuse trial of Renee King, 29, Assistant Prosecutor Therese Tobin said the sheer volume of injuries – 20 distinct points of impact and a direct brain injury – showed King’s intent when she injured Lily Furneaux-Wolfenbarger, causing her death.

http://www.freep.com/article/201202...cutor-Woman-intentionally-killed-stepdaughter
 
(Lily died November 20, 2010, so these injuries were 2 days before her death.)

Lily's Mom testifies she noticed injuries

lily13.jpg


Lauren Furneaux, 25, of Lapeer, said on the stand that when Lily Furneaux-Wolfenbarger was brought to her Nov. 18, 2010, from her custody time with her father and his wife, Renee King, in New Haven, “There were bruises on her back and a scrape on her head.”

Furneaux was so concerned that she said she took photographs of the injuries and texted them to the child’s father, Jeffrey Wolfenbarger.

“I wanted to be able to ask them and not blame me,” Furneaux testified, adding that she wanted to “document” the injuries.

--------------------------------------------------------------------

Jeffrey Wolfenberger is expected to testify Thursday afternoon.

http://www.macombdaily.com/articles/2012/02/16/news/doc4f3d49bb07094965972698.txt?viewmode=default
 
In the recording, King tells Furneaux that Lily had been throwing "the biggest temper tantrums ever lately" and that she had been having accidents in her pants.
King also tells Furneaux that Lily had been ill and mentions medical issues of her own.
The two then made plans to revisit the existing parenting time schedule.

"I think we all need to sit down and talk about what's best for Lily," King says on the tape, adding she loves Lily like her own children.
"I have never heard of anything so drastic as what we're doing."

Furneaux agrees, adding, "I don't want to have to go back to court. I think we can all come to an agreement."

http://www.detroitnews.com/article/...ury-she-saw-bruising-on-girl--2--before-death
 
Comments on this first article might be worth reading.

Father arrested after altercation at wife's trial in girl's death

Macomb County Sheriff Anthony Wickersham declined to name the 29-year-old man being held in Macomb County Jail for assault and disorderly conduct. But others at the circuit courthouse in Mount Clemens verified it is Jeffrey Wolfenbarger.

Henry Baskin, a Birmingham-based attorney representing the family of the child's mother, Lauren Furneaux, said Wolfenbarger was allegedly trying to attack his daughter's grandfather, Frederick Furneaux. Baskin said Wolfenbarger pushed a woman aside, slamming her against a wall, in an attempt to get to him.

http://www.detroitnews.com/article/...r-altercation-at-wife-s-trial-in-girl-s-death


A man described as a family member tried to attack another person outside of the Macomb County Circuit Courtroom and knocked a 49-year-old woman to the ground in the process, according to Macomb County Sheriff Anthony Wickersham.
The incident appeared to be precipitated by an offensive gesture.

http://www.freep.com/article/201202...assault?odyssey=mod|newswell|text|FRONTPAGE|s


For what it's worth... he doesn't come up in the inmate search yet. But he may not if he bails out fast enough...
 
As a direct result of THAT ^ incident... only family members are allowed at trial now.
They don't want to risk an altercation that could cause a mistrial (is what I'm gathering.)
The altercation that occurred today happened during a break... but if it happened again during court... I guess the less people there the better.

Now what is interesting to me... he will really be allowed back at trial? Wow. That seems like it's asking for trouble...

http://www.detroitnews.com/article/...r-altercation-at-wife-s-trial-in-girl-s-death

Wickersham said the sheriff's office would not impose any restrictions on the man's ability to return to the trial.
That determination would be made by presiding Judge Diane Druzinski, he added.
 
Wickersham declined to identify the 29-year-old suspect, saying he had been taken to jail and would likely be charged with assault and battery, a 90-day misdemeanor upon conviction.

-----------------------------

The trial is to continue next week.

http://www.freep.com/article/20120218/NEWS05/202180385/AFL-CIO-chief-to-step-down-retire

He is still not showing up in the inmate search... wonder if he bailed out immediately before really being booked in?

Trial next week:

Wednesday, February 22nd, Trial at 10:30 am
Thursday, February 23rd, Trial at 10:30 am
Friday, February 24th, Trial at 8:30 am
 
This is a bizarre case and doesn't make a lot of sense. Based on the phone call between the mom and step-mom, the step-mom really seemed like she wanted to be involved in a positive co-parenting relationship with Lily. I can see how someone could lose their patience and go too far (happens all the time!) and have fatal consequences. But the sexual abuse makes no sense to me.

Were RK's kids there at the time?
 
BrownRice said:
This is a bizarre case and doesn't make a lot of sense. Based on the phone call between the mom and step-mom, the step-mom really seemed like she wanted to be involved in a positive co-parenting relationship with Lily. I can see how someone could lose their patience and go too far (happens all the time!) and have fatal consequences. But the sexual abuse makes no sense to me.

Were RK's kids there at the time?
Click to expand...

The incident happened at the trailer King shared with Lily's father, Jeffrey Wolfenbarger, who is now divorcing her. Tobin noted that King, who has three other children, was alone with Lily at the time and was the only person who had access to Lily when she suffered her injuries.

http://www.freep.com/article/201202...cutor-Woman-intentionally-killed-stepdaughter

I *think* that her kids were at school/daycare of some kind if I remember correctly.

I agree things seemed to be improving... I've never understood why visitation is scheduled for when the parent is working full time anyway.


Your thinking is EXACTLY why I am concerned about the medical examiner situation.

I am afraid that this comes down to the opinions of the medical examiners on the timing of these injuries...

Would you convict someone of murder based on the opinion of a medical examiner who missed a bullet wound to the head?

That appears to be the argument the defense intends to use and the prosecution KNEW that less than 2 weeks into this.

(More on the medical examiner situation here if anyone missed it: Websleuths Crime Sleuthing Community - View Single Post - MI- Stepmother charged in rape/murder of 2yo Lily Furneaux-Wolfenbarger (New Haven) )

I hope that they have more than timing... otherwise, I fear that is going to be the defenses argument... just as they've already indicated.
They asked for a second autopsy very early on. Indicating that they did have concerns about the state ME.

If they come out and throw him under the bus, saying they believe some of these injuries occurred several hours before...
What proof does the state have, that they are incorrect?

That is still my concern... and I think it's an unforgivable oversight by the state if the defense proceeds with that.
HOPEFULLY the defense ME agreed with the prosecution ME's opinion and it will be a non issue...
 
Putting the sexual abuse aside - her story about the kid falling doesn't make sense either. RK doesn't look like a large woman. A kid Lily's age isn't an infant - so she is pretty heavy. If she fell, she wouldn't have far to go down to the ground and would most likely just get up. She wouldn't be held upside down and drop on her head? She would most likely fall on her legs/feet. So to me, the falling story sounds like BS. If Lily was having tantrums (normal for that age), it can be quite trying on the caretaker. Add a person who is allegedly hooked on prescription drugs and she just lost it. That's the only thing I can believe.

And I agree about the visitation and the custodial parent working. Doesn't seem right. It wasn't a court order for the step-mother to see the child, it was for the bio parent.
 
This never should have happened. Lily never should have been there that day.
Why does a parent have parenting time when the parent is NOT going to be there "most of the time" anyway?


8 woman, 6 man jury and female judge
Testimony already has included Lily's Mom, Lily's Dad
Sheriff’s evidence technician and two Michigan State Police crime lab experts who discussed samples and DNA.

Testimony from the prosecution is expected to include:

Medical Examiner Dr. Daniel Spitz (last prosecution witness?)

The defense is expected to call:

Forensic pathologist Bader Cassin to likely retort Spitz
King’s treating physician to discuss her back problems
The defendant herself.


http://www.voicenews.com/articles/2012/02/19/news/doc4f3d6a8f69bfd150559206.txt?viewmode=default

A doctor who examined a New Haven woman eight days before she allegedly killed her 2-year-old stepdaughter contradicted her Thursday, testifying she showed no outward signs of major back or muscular problems as claimed.

Emergency room Dr. Glenn DeLonge testified....

---------------------------------------------------------------

DeLonge coincidentally was on duty Nov. 20, the Saturday afternoon Lily died.

Lily arrived with no pulse and wasn’t breathing, and was never revived despite 40 minutes of effort.

“She had a closed head injury” and visible injuries to her “forehead and behind her left ear,” he said under questioning by assistant Macomb prosecutor Therese Tobin.

----------------------------------------------------------------------

.......a couple of hours before he got a call to rush to the hospital.

King told him Lily “was throwing a temper tantrum.”

-----------------------------------------------------------------------

“She wanted what was best for Lily,” he said, adding that she spent more time with Lily when she was there due to their restricted time together.

King “did most of the disciplining, time-outs,” he testified.

-----------------------------------------------------------------------


http://www.dailytribune.com/articles/2012/02/20/news/doc4f423d0ebbb1a646480554.txt

The trial of a 30-year-old New Haven woman accused of killing her 2-year-old stepdaughter will continue this week with more evidence from the prosecution and the start of the defense’s case.

----------------------------------------------------------------------

Observers’ courthouse conduct remained civil until shortly after 11 a.m. Friday when Jeffrey Wolfenbarger, Lily’s father and King’s husband, knocked over a 49-year-old woman in a hallway while rushing toward Lily’s uncle, Lauren Furneaux’s brother, after the two exchanged gestures, according to a witness.

Wolfenbarger posted a $100 bond and was released at 5 p.m. Friday. Formal charges will be sought, the sheriff said.
 
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