Prior-injuries list OK in abuse trial

Erica D. Johnson

Tuesday, April 8, 2003 | 9:28 a.m.

When 20-month-old Samantha Storm was beaten to death nearly six years ago, it wasn't the first time she'd suffered traumatic injuries at the hands of her alleged abuser, jurors will be told.

Brandon Parish on Monday lost his battle to keep the list of Samantha's prior injuries away from jurors when he stands trial April 22 on charges stemming from the child's death.

Parish, 24, who had a relationship with the child's mother, Dawn Mathiasen, also 24, is charged with first-degree murder by child abuse, and he faces life in prison with or without parole if convicted.

Samantha had been seriously injured at least three separate times before her death on April 7, 1997, including incidents that involved head trauma, broken bones and bruises, according to medical testimony.

District Judge Valorie Vega ruled to allow the evidence of those injuries into Parish's trial after Chief Deputy District Attorney Doug Herndon laid out the "pattern of abuse" he said occurred when Parish spent time alone with the child.

"These were not injuries a child would get by walking around or falling down," Herndon said. "These were forceful, traumatic injuries."

But defense attorney David Shieck argued that the abuse could have easily come at the hands of the child's mother.

"There isn't clear and convincing evidence that Mr. Parish committed these prior acts as opposed to the mother, who was with the child alone all the time," he said.

Mathiasen was convicted on child abuse and neglect charges for ignoring police orders to keep the child away from Parish after prior allegations of abuse.

She is currently serving a six- to 15-year prison sentence and is expected to testify at Parish's trial, Herndon said.

Monday's hearing was the latest development in a case that has had its share of twists and turns since it arrived in District Court in 1997.

A jury convicted Parish of first-degree murder in the case in 1998 and sentenced him to life in prison with parole possible after 20 years.

But the Nevada Supreme Court overturned the conviction in 2001, citing faulty jury instructions. At that time, malice was not presumed in Nevada child abuse cases, as was stated in the instructions.

Samantha died after suffering skull fractures and intracranial injuries. A medical examiner testified that her head had been slammed against a solid object.

Herndon said Samantha's abuse likely began in early April, when Mathiasen noticed bruises consistent with handprints on the child's buttocks and thighs.

Parish had watched the child while Mathiasen went to the beauty salon, Herndon said.

Samantha later suffered broken bones in her left foot, which experts testified resulted from force, such as someone deliberately stomping on her foot.

Day-care workers also testified that they noticed large bruises on Samantha's scalp, neck and inner ear a week prior to her death, Herndon said.

"That's three injuries that can be attributed to Mr. Parish based on theory," he said. "They all occurred after the child was left alone with Mr. Parish."

Shieck maintained the state had not met its burden of proof, adding that Mathiasen's testimony regarding the abuse could not be trusted.