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“Men are not used to holding babies” – Defense rests with second and final witness in Davies case

The Arthur Davies trial concluded yesterday with a half-day of testimony from the defense’s expert witness Dr. Marvin Pietruszka – a pathologist that runs a medical facility in Reseda, California. The doctor says he reviewed Parker’s hospital records as well as the autopsy and police report and in his professional opinion, he says it matches the defendant’s story.

Dr. Marvin Pietruszka

Parker Lee Schumacher died from blunt force trauma to the head, swelling and bleeding of the brain, retinal detachment and hemorrhaging – all injuries that Arthur Davies says resulted from the 17 month-old falling backwards out his arms and onto a linoleum kitchen floor.

Defending counsel Zulu Ali asked the witness if Parker had any other injuries that would suggest child abuse – such as bruising around the torso or broken ribs. Dr. Pietruszka says the lack on these corroborating injuries means “this is absolutely an isolated single event. This child didn’t have any trauma at all in the past.”

During prosecution’s cross examination – Attorney Charles Tseui pressed the doctor on photographs and diagrams of Parker’s skull that he appeared to have trouble identifying – asking him if he had reviewed the over 1800 pages of medical records from Loma Linda University hospital where the pictures were contained.

The doctor replied “all I had was an email with a lot of paper records. It wasn’t important for me to look at these pictures. I’m not a radiologist.”

Dr. Marvin Pietruszka (left) during cross examination by Deputy District Attorney Charles Tseui

Prosecution then spent most of their cross-examination challenging the Doctors findings using sources he cited in his own report that appeared to contradict his conclusion that Parker’s injuries were caused by a fall from “5 feet or higher.”

Dr. Marvin Pietruszka admitted he had not watched the video reenactment where Arthur Davies’ reenacted his explanation of how Parker sustained the fatal injuries. In total, Dr. Marvin Pietruszka says he spent about 10 hours reviewing and writing his report for the case, in which he is paid 650 dollars an hour. The Dr. couldn’t remember if his half-day testimony rate was 6000 or 7500 dollars as he says his secretary handles the invoices.

In defense’s recross – Dr. Pietruszka told defensive council Zulu Ali that the case is unique because “unless you are a man who takes care of a baby on a regular basis, it may be a little awkward to hold a baby. Men are not used to holding babies. I think it’s reasonable to consider inflicted trauma. I truly believe that this is an accident.”

The defense’s expert witness was excused and both sides now rest and will present their closing arguments to the jury on Monday.

Previously Reported:


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Robert Haydon is the Online News Editor at Z107.7 He graduated from University of Oregon's School of Journalism, with a specialty in Electronic Media. Over the years, he has worked in television news, documentary film, and advertising and marketing.…

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