Babysitter gets four years of probation

Tuesday, June 28, 2005 | 9:38 a.m.

A 58-year-old babysitter who pleaded guilty to child abuse and neglect, but "vehemently denies" inflicting injuries on a 5-month-old baby placed in her care, was sentenced to four years probation on Monday.

District Judge Joseph Bonaventure issued a suspended sentence of 19 months to five years in prison to Judy Ann Bendrat for shaking the girl so hard that it caused bleeding on her brain and retinal hemorrhages.

The infant was treated and diagnosed at Sunrise Hospital and doctors have said they see no immediate health risks to the child as a result of the injuries.

The girl's father, Scott Robertson, said he and his wife, Christine, were "stunned beyond words" after the police investigation pointed to Bendrat as the culprit. He said although the baby has recovered and all vital signs look good "even the finest doctors in the world cannot predict the future."

Scott Robertson didn't urge Bonaventure to impose prison time for Bendrat.

Bonaventure followed through with the sentence that had been negotiated by Bendrat, her lawyers and prosecutors.

"A 58-year-old women with no prior record and she denies this," Bonaventure said. "It says in the report (presentencing report) she vehemently denied having inflicted any injuries and appears disturbed over being accused of hurting a child."

The judge made it clear to the Robertsons that Bendrat would "never be allowed to care for children again."

"People are doing life in Nevada prisons for this type of behavior," Bonaventure said. "You (Bendrat) will be a felon for the rest of your life. Till the day you die you will be a felon."

Bendrat refused to address the court when given an opportunity on Monday. The woman who had been taking care of children for her entire adult life, cried throughout the sentencing and seemed emotionally drained and disorientated as she left the courtroom.

Christine Robertson said she hired Bendrat in September 2004 to take care of the girl and her twin sibling, as well as the couple's 3-year-old daughter, in September 2004. The other children were examined and no indications of abuse were found, authorities said.

On Sept. 30, 2004, Christine Robertson said she left the children in Bendrat's care so she could go to work and the twins had been fed and were fine.

Roughly five hours later, however, Bendrat called saying one of the twins "woke up from her nap and wouldn't calm down" and that she thought the child was "having a seizure."

Christine Robertson told police "besides her and Scott (Robertson), no one else besides Judy (Bendrat) has ever watched her children." She said two weeks prior to the incident Scott Robertson's "mother watched the twins and when they were picked up they were fine."

Christine and Scott Robertson denied hurting their daughter and both volunteered to take polygraph tests to clear themselves if necessary.

Bendrat told the police she had only been watching the children for three days when the little girl "would wake up from her naps screaming." Bendrat said that when she asked Christine Robertson about the episodes, the girl's mother told her she figured the child was having nightmares.

Bendrat said whenever the little girl screamed "her head would turn red."

On the day the child had to be rushed to the hospital, she had another such screaming incident and then later quit screaming "her legs got stiff, hands went back, and her head went crooked," Bendrat allegedly told authorities.

Bendrat said she called 911 and performed CPR twice on the child because she "did not feel her breathing."

She denied "dropping her and denied hitting or hurting her," according to the police report.

Doctors conducted a thorough examination of the girl on Oct. 5, 2004 and reported finding acute bleeding that was less than three-days old and chronic bleeding that was older than seven to 10 days.

During a second interview with police Bendrat used a baby doll to demonstrate how she handled Paige, which included showing how she rocked the child in a "bouncy seat." Bendrat "never demonstrated a violent rocking."

In response to being told doctors believed Paige had been shaken Bendrat "denied shaking Paige and again denied hurting her."