UK - Constance Marten & Mark Gordon charged, Newborn (found deceased), Bolton Greater Manchester, 5 Jan 2023 #7

MG often calls their children 'her children' or 'her baby' etc.

Since there was the same use of 'her baby' in reporting, I wondered if anyone had ever tested to prove.
Ah okay. To me it's like he's saying they belong to her because she's the Mother. Putting this Earth-Mother type of thing on a pedestal, that she knows best above all else, even him, because she's their Mother. Comes across as sexist as well. But that's just my opinion, maybe I'm allowing my dislike of him to influence my thoughts

MOO
 
MG often calls their children 'her children' or 'her baby' etc.

Since there was the same use of 'her baby' in reporting, I wondered if anyone had ever tested to prove.
I think it was very early on (perhaps in the agreed facts?), it was stated that MG was the father of all 5 children. I would also imagine that DNA testing was done on V, to establish that the child was theirs - you wouldn't want the D's claiming that the child was not theirs.
 
I'm still here. I do not have much more to say than I have already. I feel it is in the jury's hands now, I know the closing speeches have not been done, but I don't see there is much more to say from either side.
I agree, it seems rather circular at the moment doesn't it? But, that maybe due to the woeful reporting. I do hope that there is better reporting for the closing arguments and the Judges summing up and directions to the jury.
 
I agree, it seems rather circular at the moment doesn't it? But, that maybe due to the woeful reporting. I do hope that there is better reporting for the closing arguments and the Judges summing up and directions to the jury.
One suspects a lot of it must be the reporting. We often get one snippet from an hour's worth of Q&A!

One thing we have been given no sense of at all is the extent to which CM has really been pressed in cross-examination about some of her wackier utterances. Generally her basic statement is reported but we get no sense of whether the cross-examiner then just moved on, or whether there was 5 mins of back-and-forth on its absurdity.
 
I agree with what you say, my point is that, there doesn't seem any way it can not be proved that baby Victoria died by accident. Similar cases have not even gone to court.

One suspects a lot of it must be the reporting. We often get one snippet from an hour's worth of Q&A!

One thing we have been given no sense of at all is the extent to which CM has really been pressed in cross-examination about some of her wackier utterances. Generally her basic statement is reported but we get no sense of whether the cross-examiner then just moved on, or whether there was 5 mins of back-and-forth on its absurdity.
Yes live reporting is really great and frustrating at the same time.

In my experience there will not be a lot of back and forth but just a little bit.

The prosecution does not really have to pry too deep into CMs mindset to show how absurd some of her actions were. They will sum it up nicely.

JMO
 
Ah okay. To me it's like he's saying they belong to her because she's the Mother. Putting this Earth-Mother type of thing on a pedestal, that she knows best above all else, even him, because she's their Mother. Comes across as sexist as well. But that's just my opinion, maybe I'm allowing my dislike of him to influence my thoughts

MOO
There has previously been references to MG's mother, but not his father, could it be that MG thinks of children only in terms of having a mother, fathers playing no role other than for conception? speculation, imo
 
The defendants made the decision to take their newborn into the woods in a cheap small tent in January with no sanitation, they were travelling from hotel to hotel, driving 12 hours a day, according to CM in court, within days of her giving birth. She was so exhausted (understandably, IMO) that she was unable to stop herself falling asleep on the tiny baby stuffed inside her coat. She said in court that her body ‘shut down’ due to exhaustion. How can anyone safely care for an infant in that state?

I have no doubt that the fear of losing your child is an intense primal fear.

But when you care for a tiny vulnerable newborn, you have the greatest responsibility in the world.

Either they put their child’s life at risk or they didn’t.

If they did the context may be used in mitigation but it doesn’t change whether the actual actions were right or wrong. IMO. And in the decision the jury will be asked to make.
I totally agree with your post CaptainNancy, I think you made your point very well. However, I have to say that the law is not so flexible and I think that there is quite a strong possibility that the jury will find in CM's favour. it will be very interesting to see how the Endgame plays out. The tragedy of Victoria losing her life necessitates that the right verdict must be reached.
 
From what I have read and the evidence and lack of evidence presented throughout the duration of the case, bearing n mind we merely have journalists' notes, not at all the same as a court transcript, there is nothing to suggest their lifestyle choice contributed to the death of their child.
Public opinion is not scientific opinion and is quite irrelevant here.
You will find no research in Google Scholar on the price of a tent being a contributary factor in SIDS... it's irrelevant.




etc etc etc.

<modsnip - sub judice>


Every year in the United States, approximately 3500 infants die of sleep-related infant deaths, including sudden infant death syndrome (SIDS) (International Statistical Classification of Diseases and Related Health Problems 10th Revision [ICD-10] R95), ill-defined deaths (ICD-10 R99), and accidental suffocation and strangulation in bed (ICD-10 W75). After a substantial decline in sleep-related deaths in the 1990s, the overall death rate attributable to sleep-related infant deaths have remained stagnant since 2000, and disparities persist. The triple risk model proposes that SIDS occurs when an infant with intrinsic vulnerability (often manifested by impaired arousal, cardiorespiratory, and/or autonomic responses) undergoes an exogenous trigger event (eg, exposure to an unsafe sleeping environment) during a critical developmental period. The American Academy of Pediatrics recommends a safe sleep environment to reduce the risk of all sleep-related deaths.
 
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<modsnip>

Professor Peter Fleming, an expert on infant health, considered the circumstances of how the baby died after hearing Marten’s account.

Giving evidence on Tuesday, the defence witness told jurors: “I have seen no evidence of hypothermia as a cause of death but the description of how the baby was being cared for would make hypothermia exceedingly unlikely.”
Mr Little said: “You relied on what she told you about the clothing she (Victoria) was wearing.

“If she had lied about those matters that would have an impact on your opinion?”

Prof Fleming said that a baby feeding well was not consistent with hypothermia.

“The advice would be to keep the baby in your coat.

Prof Fleming responded: “On that scenario, if the baby is inside the mother’s coat, the baby would be protected from the thermal environment.”

 
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<modsnip>

Professor Peter Fleming, an expert on infant health, considered the circumstances of how the baby died after hearing Marten’s account.

Giving evidence on Tuesday, the defence witness told jurors: “I have seen no evidence of hypothermia as a cause of death but the description of how the baby was being cared for would make hypothermia exceedingly unlikely.”
Mr Little said: “You relied on what she told you about the clothing she (Victoria) was wearing.

“If she had lied about those matters that would have an impact on your opinion?”

Prof Fleming said that a baby feeding well was not consistent with hypothermia.

“The advice would be to keep the baby in your coat.

Prof Fleming responded: “On that scenario, if the baby is inside the mother’s coat, the baby would be protected from the thermal environment.”

What about if the baby is zipped into a coat with very little access to fresh, clean air and is then partially suffocated from being pinned down by an adult rolling over in their sleep with no room for them to even partially wriggle out of the way (not that infants have much control of their body position anyway - hence why co-sleeping often frowned upon due to the higher risk of babies being suffocated. And that’s in a safe, indoors warm environment.)
Deliberately choosing to strap a baby to yourself while both sleeping doesn’t seem like a safe idea. I realise this isn’t strictly the prosecution case as they are focusing on the hypothermia angle, but the lack of appropriate clothing for cold mitigation meant Victoria was forced into a very dangerous sleeping arrangement. And it might be that that killed her. MOO.
 
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What about if the baby is zipped into a coat with very little access to fresh, clean air and is then partially suffocated from being pinned down by an adult rolling over in their sleep with no room for them to even partially wriggle out of the way (not that infants have much control of their body position anyway - hence why co-sleeping often frowned upon due to the higher risk of babies being suffocated. And that’s in a safe, indoors warm environment.)
Deliberately choosing to strap a baby to yourself while both sleeping doesn’t seem like a safe idea. I realise this isn’t strictly the prosecution case as they are focusing on the hypothermia angle, but the lack of appropriate clothing for cold mitigation meant Victoria was forced into a very dangerous sleeping arrangement. And it might be that that killed her. MOO.
Again, that is not the prosecution case.
anything could kill anybody any time..
but this is a court of law.
 
Again, that is not the prosecution case.
anything could kill anybody any time..
but this is a court of law.
Actually I just read back in this article that the prosecution are alleging it was either hypothermia or dangerous co-sleeping


On the basis that the cause of death can not be definitively proved, the prosecution are alleging that as a result of their actions (choosing to camp out from which the death of Victoria was therefore a consequence) ending up in a dangerous co-sleeping position was was led to Victoria’s death. I just don’t think she would have died if they had been in suitable accommodation or if Victoria had warm clothes and decent bedding. I have taken my babies camping and it was quite fraught with fear over balancing their getting too hot/too cold and not being smothered by bedding etc. We would co-sleep on an inflatable mattress so we could monitor their temperature easily but did so with plenty of room around us and proper bedding and, crucially, multiple layers for the children, and the same for me. So I am not of the view that specifically being in a tent with a baby is going to lead to its death. But I do think they were negligently under prepared in the circumstances they found themselves in. I was also a constant baby-wearer, so believe CM when she says Victoria was always strapped to them - this seems most sensible. But I would draw the line of lying down in that position to sleep - which is what she confessed to doing. MOO.

I could see the jury falling either way on this though. MOO
 
Actually I just read back in this article that the prosecution are alleging it was either hypothermia or dangerous co-sleeping


On the basis that the cause of death can not be definitively proved, the prosecution are alleging that as a result of their actions (choosing to camp out from which the death of Victoria was therefore a consequence) ending up in a dangerous co-sleeping position was was led to Victoria’s death. I just don’t think she would have died if they had been in suitable accommodation or if Victoria had warm clothes and decent bedding. I have taken my babies camping and it was quite fraught with fear over balancing their getting too hot/too cold and not being smothered by bedding etc. We would co-sleep on an inflatable mattress so we could monitor their temperature easily but did so with plenty of room around us and proper bedding and, crucially, multiple layers for the children, and the same for me. So I am not of the view that specifically being in a tent with a baby is going to lead to its death. But I do think they were negligently under prepared in the circumstances they found themselves in. I was also a constant baby-wearer, so believe CM when she says Victoria was always strapped to them - this seems most sensible. But I would draw the line of lying down in that position to sleep - which is what she confessed to doing. MOO.

I could see the jury falling either way on this though. MOO
They chose those circumstances
 
<modsnip>
You will find no research in Google Scholar on the price of a tent being a contributary factor in SIDS... it's irrelevant.




etc etc etc.

<modsnip>

Every year in the United States, approximately 3500 infants die of sleep-related infant deaths, including sudden infant death syndrome (SIDS) (International Statistical Classification of Diseases and Related Health Problems 10th Revision [ICD-10] R95), ill-defined deaths (ICD-10 R99), and accidental suffocation and strangulation in bed (ICD-10 W75). After a substantial decline in sleep-related deaths in the 1990s, the overall death rate attributable to sleep-related infant deaths have remained stagnant since 2000, and disparities persist. The triple risk model proposes that SIDS occurs when an infant with intrinsic vulnerability (often manifested by impaired arousal, cardiorespiratory, and/or autonomic responses) undergoes an exogenous trigger event (eg, exposure to an unsafe sleeping environment) during a critical developmental period. The American Academy of Pediatrics recommends a safe sleep environment to reduce the risk of all sleep-related deaths.
<modsnip> Being in a tent in the middle of winter with inadequate clothing and parents who were so exhausted due to their own bad choices would have made it a miracle if Victoria had survived.
Of course, this is assuming that we all accept CM's version of events. CM has under oath admitted that she will be prepared to lie when it suits her to do so. I cannot see a better opportunity to lie than when trying to get herself and her "beloved" husband out of prison.
For all we know, Victoria could have needed some medical attention after birth; could have had smoke inhalation from the fire; could have been starved because CM milk supply wasn't enough (which given the lifestyle would be highly likely) or could have died from cold from hypothermia.
We will never know, of course, because for someone who wanted an autopsy, she was prepared to let Victoria's body in a shed forever.
It seems to me very convenient that CM and MG have chosen the one exact cause of death "that could have happened to anyone" but even if this was the case they created an environment where everything was designed for a tragedy.
JMO MOO
 
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Actually I just read back in this article that the prosecution are alleging it was either hypothermia or dangerous co-sleeping


On the basis that the cause of death can not be definitively proved, the prosecution are alleging that as a result of their actions (choosing to camp out from which the death of Victoria was therefore a consequence) ending up in a dangerous co-sleeping position was was led to Victoria’s death. I just don’t think she would have died if they had been in suitable accommodation or if Victoria had warm clothes and decent bedding. I have taken my babies camping and it was quite fraught with fear over balancing their getting too hot/too cold and not being smothered by bedding etc. We would co-sleep on an inflatable mattress so we could monitor their temperature easily but did so with plenty of room around us and proper bedding and, crucially, multiple layers for the children, and the same for me. So I am not of the view that specifically being in a tent with a baby is going to lead to its death. But I do think they were negligently under prepared in the circumstances they found themselves in. I was also a constant baby-wearer, so believe CM when she says Victoria was always strapped to them - this seems most sensible. But I would draw the line of lying down in that position to sleep - which is what she confessed to doing. MOO.

I could see the jury falling either way on this though. MOO
Again, this is a direct quote from Prof Fleming

Prof Fleming said he had seen two cases in his career in which a breastfeeding mother had been sitting up, and fell asleep over the baby who died.

He didn't mention whether they were in tents but it happens..
or whether they were charged with negligence.


<modsnip - sub judice>

I'm not a baby person though I am a nurse so have handled tiny babies..

I would personally be terrified of smothering them but in this scenario and in yours when you took your babies camping I'd be confident of being able to keep them warm through my own body heat.

<modsnip - sub judice>

No more than I can see it in any SIDS situation which is rarely any of the above, just an awful awful thing to happen.

I have zero understanding of a desire to have lots of children or even one.

When a court is sitting and a trial is ongoing I try to keep my opinion to myself unless it's an observation or research subsequent to evidence presented in said court.

I do respect Prof Fleming though.
There are questions we all have that will never be answered.
 
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Prof Fleming said that a baby feeding well was not consistent with hypothermia.

“The advice would be to keep the baby in your coat.

Prof Fleming responded: “On that scenario, if the baby is inside the mother’s coat, the baby would be protected from the thermal environment.”

I would like someone to ask Prof Fleming if the baby being protected inside the mothers coat relies on an assumption the mother herself is sufficiently warm, or is he just talking about the coat as clothing for the baby?

I'm aware an adult body will attempt to maintain its core temperature no matter how warm or cold the environment is, but they have previously described that tent as unbearably cold. If CM was bordering on hypothermia herself, would a baby in her coat still have been warm enough?
 
Professor Fleming admitted under cross examination that his report was written based on information from CM, and the assumption that she was telling him the truth. The problem is, one of the things she told him is that she bought weather appropriate clothing for Victoria on a certain date, which turned out to be untrue. His assertion that Victoria was feeding well is also based on what he was told by CM.

We do not know that Victoria died of SIDS. Even if CM’s version of events is true, then baby Victoria died after she fell asleep on top of her, while she was zipped inside a coat. That is not SIDS, that is suffocation. I do not believe she would have died regardless of where they were. Would she have been zipped inside a coat if they were in a 5 star hotel? Unlikely IMO.
 
Professor Fleming admitted under cross examination that his report was written based on information from CM, and the assumption that she was telling him the truth. The problem is, one of the things she told him is that she bought weather appropriate clothing for Victoria on a certain date, which turned out to be untrue. His assertion that Victoria was feeding well is also based on what he was told by CM.
I don't see the point of him being there if all he's going to do is repeat what CM said.
 
Again, this is a direct quote from Prof Fleming

Prof Fleming said he had seen two cases in his career in which a breastfeeding mother had been sitting up, and fell asleep over the baby who died.

He didn't mention whether they were in tents but it happens..
or whether they were charged with negligence.


<modsnip - sub judice>

I'm not a baby person though I am a nurse so have handled tiny babies..

I would personally be terrified of smothering them but in this scenario and in yours when you took your babies camping I'd be confident of being able to keep them warm through my own body heat.

<modsnip - sub judice>


I have zero understanding of a desire to have lots of children or even one.

When a court is sitting and a trial is ongoing I try to keep my opinion to myself unless it's an observation or research subsequent to evidence presented in said court.

I do respect Prof Fleming though.
There are questions we all have that will never be answered.
<modsnip - quoted post was snipped>

There are indeed questions that we all have that will never be answered. But, IMO, the main reason that they will never be answered is that CM and MG deliberately chose not to seek medical attention for baby Victoria, either before her death (when regular weighing would have revealed if she was receiving enough nutrition) or immediately after she died (a prompt post mortem would have established either a definitive of death or SIDS).

In UK law, the very act of concealing her death is, in itself, a criminal offence and CM has openly admitted to an intent to do this on the stand.

I think it is also important in this case to bear in mind one fundamental difference between US and UK law when it comes to children. Here, parents do not own their children but instead have a parental responsibility towards them that revolves around a legal duty to always put the best interests of the child front and centre.

"In the best interests of the child" is sacrosanct and enshrined in law here. Parents cannot choose to put themselves and their wants and wishes first, if the state would find their care of the child inadequate.

In this case we already know that the state made their position that tent dwelling with a newborn was unacceptable perfectly clear to CM and MG after the birth of their first child. Extrapolating from that, it seems obvious to me (again MO and other opinions are available) that CM and MG deliberately and knowingly exposed baby Victoria to dangerous conditions, that were significantly below the minimum care levels that they *knew* were expected for her by law.
 
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