Tools

Father found guilty on some charges, not-guilty on others in infant assault

By JOLEEN FERRIS

Story Created: Sep 27, 2012 at 12:26 PM EDT

Story Updated: Sep 27, 2012 at 9:19 PM EDT

UTICA, N.Y. (WKTV) - A Rome man accused of assaulting his eight-week-old baby has been found guilty on some charges and not-guilty on others, following a jury trial that concluded Thursday in Oneida County Court.

Nineteen-year-old Johnathon Greener is accused of assaulting his infant daughter, breaking several of her bones, including an arm bone, which was severed in half.

Greener was found guilty Thursday on second-degree assault for injuring his infant daughter's right distal tibia, her left tibia and femur and her right humerus.

However, he was found not-guilty on two counts of assault regarding injuries to her ribs and injuries to her ear.

During the course of the trial, Greener and his attorney suggested the child had brittle bone disease, medically known as osteogenesis imperfecta.

Medical witnesses for the prosecution, doctors who treated the child when she was admitted to Upstate Medical Center in Syracuse, said they did not believe the child was afflicted, partly because it's a genetic defect and there was no family history.

Under cross examination by the defense, a doctor acknowledged that a person can have the disease and not know it. The defense also reminded the jury that, in order to find Greener guilty of the charges against him, they had to find he intended to harm his daughter.

"John Greener is charged in each count with intentionally causing injury to Jayleigh. That means injury to her had to be his deliberate objective. Intentional does not include negligent or even reckless actions," the defense stated.

"Why would you be rough with an 8 week old baby?" asked the prosecution. "She can't even turn over. What could she be doing that causes you to be rough? To get rough?"

What's On