Man accused of hurting tot

Mom facing murder trial says live-in is at fault

11/13/2013

Defense attorneys for a Toledo woman charged in the death of her 6-month-old son say someone else inflicted the fatal injuries.

In Lucas County Common Pleas Court on Tuesday, attorneys for Amanda Bacon acknowledged they were pursing a defense based on the premise that a man with whom Ms. Bacon was living hurt young Avery Glenn Bacon last Dec. 16.

“He was the one watching the child when she was out that evening,” attorney Jane Roman said after the hearing.

Held in the Lucas County jail on $1.1 million bond for nearly a year, Ms. Bacon, 26, of 504 W. Alexis Rd. is to go to trial Jan. 13 on charges of aggravated murder and endangering children. Police allege she threw her son against a hard surface, causing multiple skull fractures and brain injuries and leading to his death Dec. 18.

Ms. Roman and co-counsel Spiros Cocoves had subpoenaed records from Lucas County Children Services regarding the man, another adult, and a child. Prosecutors opposed the release of the confidential records saying the documents pertained “to two individuals who are not parties to the case, and a minor who is unrelated to this case in any way.”

Judge Frederick McDonald rejected prosecutors’ objections and said in court Tuesday that he reviewed a summary of the records.

The judge gave defense attorneys two weeks to file a memorandum showing why the records should be admissible. Prosecutors have until Dec. 10 to respond.

Michael Bahner, an assistant Lucas County prosecutor, said after the hearing that police interviewed the man about the baby’s injuries, but no charges were filed against him. He said it’s “yet to be determined” if the records are relevant or admissible in court.

“Sometimes the allegations in Children Services records are not all the time based on fact,” he said. “There’s a lot of speculation and innuendo and hearsay that goes into a record like that.”

Ms. Roman said afterward that Ms Bacon, who has not been the subject of investigations by Children Services, maintains her innocence and contends the man was watching her son the night he was injured.

Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.