Idea of boy, 7, killing baby rejected; mother faces trial

By Matt Pordum

Tuesday, Aug. 10, 2004 | 8:39 a.m.

Marcella Jackson's lawyer on Monday offered the theory that it was Jackson's then-7-year-old son who killed her 2-month-old boy, but after hearing a doctor's testimony about how that was highly unlikely, Las Vegas Justice of the Peace William Jansen decided that the mother of three should stand trial on a murder charge.

Jackson's baby, Jaylen Faulkner, died of two skull fractures, and prosecutors alleged the injuries were the result of Jackson's physical abuse of the infant.

Deputy Public Defender Scott Coffee argued that Jackson's then 7-year-old son inflicted the multiple blows that caused the baby's injuries.

Coffee said the boy testified he was a "quite a wrestling fan," had punched another boy at Child Haven and had emulated a wrestler as he dived off a pole and performed a wrestling move on another child.

Coffee said while no evidence exists the boy ever wrestled with Jaylen, he said the boy testified he used to "wiggle wrists" with Jaylen as if they were wrestling.

Jackson's arraignment is scheduled for Aug. 23 before District Court Judge Lee Gates.

Jackson's son, who is now 8, testified privately after his attorney, Steve Hiltz of Clark County's Children's Attorneys Project, successfully argued that under the Uniform Child Witness Testimony By Alternative Methods Act passed in October, the child's testimony could and should be heard privately in Jansen's chambers.

The Nevada law allows for alternative methods to be employed for the testimony of children under the age of 14 in criminal and civil matters. The prosecution, defense, attorneys and Jansen agreed with Hiltz, who said Jackson's son could suffer "severe emotional trauma" if forced to testify in open court in front of his mother and television cameras.

Jansen called prosecutors, defense lawyers, the court reporter and the child into his chambers for the boy's testimony. The testimony will not be sealed and a full transcript of the child's testimony will be made available.

After those proceedings concluded, Chief Deputy District Attorney Doug Herndon and Deputy Public Defender Scott Coffee recounted the boy's testimony.

Herndon said the 8-year-old testified he wasn't aware of anything happening to his baby brother the night before he died. The boy said in the morning Jackson woke him up and told him to watch Jaylen, as Jackson took her 3-year-old daughter with her to help an aunt move.

The boy said Jackson's great aunt, Zelma Henry, was also at the home, but it was the boy who was left to watch Jaylen. He said that after he watched some television, he prepared a bottle for Jaylen when the baby fell off the couch. The boy said when he picked Jaylen up, he noticed he was having breathing problems, prompting him to notify Henry, who then called 911.

The child also testified that he had never seen Jackson abuse Jaylen, although he said Jackson spanked him on one occasion, the lawyers said.

Jackson's son and daughter are currently in foster care.

Herndon remained steadfast in his opinion that Jackson was frustrated with Jaylen in the middle of the night and had either "hit, struck, or propelled" Jaylen forcefully into a hard surface. He said Jackson's son testified neither he nor Henry did anything to his baby brother.

Earlier in the day Dr. Larry Sims, a forensic pathologist of the Clark County coroner's office, who performed Jaylen's autopsy, testified the cause of death was "head trauma."

Sims said his external and internal examination of Jaylen led him to determine Jaylen's two compressed skull fractures were either the result of a 20- to 30-foot fall onto a hard surface or from "multiple blow blunt force."

Sims said he believed Jaylen was struck at least twice by someone who was at least 12 years old.

Coffee pressed Sims during cross-examination as to whether Jackson's son could have caused the injury.

Sims agreed with Coffee that if Jackson's son dropped a bowling ball on Jaylen's head or slammed a "heavy door" with a running start into Jaylen's head it was possible, but not probable that a 7-year-old could have caused the injuries.

Sims also refuted Coffee's claims that Jaylen's injuries could have been caused by a fall from a couch onto the floor or another hard surface.

Sims testified he saw no signs of chronic abuse while examining Jaylen, saying the injuries were most likely the result of "impulse violence."

"With the majority of these (infant death cases), there are other indications of beatings or healing injuries in the tissues of the skin or old fractures," Sims said. "There was no evidence (with Jaylen) of ongoing abuse. This was a case of someone striking the child or the child striking something."

Jackson had been the subject of multiple investigations by Child Protective Services from 2001 to 2003, but in only one of those cases was it determined that Jackson had abused her children, court records show.

Metro Police Abuse and Neglect Specialist Susan Vattaglia testified after interviewing Jackson for two hours it was her conclusion that the night before Jaylen died, Jackson had been awakened at 1 a.m. by an "extremely fussy baby" and quickly became frustrated.

Vattaglia said Jackson told her she "played with him (Jaylen), put him on her knee and ultimately was frustrated and rocked him." Vattaglia said Jackson told her "she rocked him (Jaylen) and then rocked him more abruptly."

"She (Jackson) told me she 'rocked (Jaylen) twice and he was smiling.' " Vattaglia said.

She said Jackson told her "whatever it was she did, it made him (Jaylen) stop crying."

Vattaglia said Jackson "avoided using the word shaken at all costs and didn't want me to use the word" in describing how she made Jaylen stop crying.