He Said, She Said: Who Shook the Baby?

June 19, 2008

Pittsfield, MA - A ten-week-old baby shaken so violently that she suffered brain damage, vision loss and most likely the ability to walk could have her second day in court if her mother, who stands accused of the horrific event, goes to trial this summer.

Janan Scutt, 22 of Pittsfield faces a charge stemming back to March of 2006 when she is accused of shaking her baby so violently that she caused her infant daughter to sustain serious physical trauma. The woman also faces an assault charge related to a pre-existing injury that had been inflicted upon the child sometime between December 23rd 2005—two days prior to Christmas—and March of the following year, about three months later, when the alleged shaking event took place.

The actual charge relates to 'permitting' her daughter, who was all of ten weeks old at the time, to sustain "substantial" bodily injuries.

The case has evolved to become fairly high-profile give the fact that the baby's father, Marlin Brandow, age 24, was convicted in a jury trial in May of also permitting the little girl to be injured, for which he received a prison sentence of not less then two years, and not more than four. However, the jury found him not guilty of a more serious charge—that of assault and battery on a child resulting in substantial bodily injury. The latter is an offense punishable by up to 15 years in prison.

Meanwhile, both Scutt and Brandow were locked into trading blame as to who inflicted the life-threatening injuries to the child. The District Attorney's Office in Berkshire took the position that Brandow should be held accountable for his daughter's severe injuries. His daughter stopped breathing while in Brandow's care March 11th 2006. Persecutors have stated that they believe he lied to detectives, and changed his story about what happened during the night in question.

In the end, given the confusion and resulting blame game going on—and having already dealt with the father in the courts of law—prosecutors suggest it may now be time for the mother to answer to whatever role she may have played, in the horrific injuries inflicted upon a defenseless ten-week-old infant.

The child, now in her third year, is living with foster parents.

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Reporting personal injury law news.