6-month-old Jada's life hangs in the courts

[Dakota Valkyrie]

Teenaged parents, locked in a dispute over removing their infant daughter from life support, might learn this week whether a judge will intercede.

The father, John Jones, 17, sat across a courtroom table from the baby's mother, Deja Ruiz, 18, but the two barely made eye contact during a hearing Tuesday in Summit County Probate Court.

Jones is seeking a court injunction barring Ruiz from removing their 6-month-old daughter, Jada from life-support machines.

Jones appeared in court in handcuffs and escorted by sheriff's deputies. He is accused of inflicting injuries that have left his daughter with severe brain damage from shaken baby syndrome and fractures to her legs and arms.

Jada is unable to breathe on her own and is being treated at Akron Children's Hospital.
[...]

Attorneys for Jones and Ruiz contend it is the parents who should decide. Neither, however, has legal custody.

Jada, her twin sister and an older brother are in the temporary custody of Children Services. A plan is in the works to return the children to Ruiz, but that could take up to two years.

Jones is the father of all three children.

An attorney for Children Services told Spicer that the agency had no position on the life-support dispute. Akron attorney Nancy Flower, a court-appointed guardian for Jada, offered no opinion on the jurisdiction issue.
[...]

Akron police say Jones called 911 the morning of March 19 when he found the girl unresponsive. He was inside the family's Springdale Drive home with Jada, her twin, Jzmine, and their 2-year-old brother, Ty'shaun.

Ruiz was attending classes.

Prosecutors are trying to have Jones tried as an adult. Teodosio has scheduled hearings on that issue for May and June.

Ruiz said in an interview last week that doctors told family members if Jada is removed from life support, the infant's brain is so severely damaged, she would die.

Hawkins said the potential murder charges, which prosecutors could pursue if the child dies, play no role in Jones' life-support stance. The abuse case, she said, remains under investigation and other suspects are being considered.
[...]

http://www.ohio.com/news/90794674.html

Ruiz and Jones had dated for three years, but were never married. The twin girls were born four months premature, according to police reports.

Jones, who was holding the infant when Akron officers arrived, told detectives that when he went to change Jada's diaper, the infant was unresponsive. She has been hospitalized ever since.

Officials say the girl is brain damaged from shaken baby syndrome and also has multiple fractures to her legs and arms.

Jzmine also had fractures to her legs. She has recovered, officials said.

http://www.ohio.com/news/top_stories/90331589.html
That article also goes into a similar case and rulings from 2004.

Pamella Hawkins, representing Jones, told the judge they do not support removal of Jada from life support. Attorneys for the mother say they support the removal of life support. A representative of the Summit County Prosecutor's Office told the court they could not take a position, as did a representative of Children Services.

Hawkins argues Summit County Juvenile Court, and not Judge Spicer, has exclusive jurisdiction in this case because Jones is currently charged as a juvenile. Judge Spicer says the juvenile court has told him they do not have jurisdiction. Despite her client being charged with felonious assault and felony child endangering, Hawkins said how the injuries occurred remains under investigation.

Children Services has filed for temporary custody of Jada and the couple's two other children. Hawkins told the jury that means it could be as long as two years before the process can return custody to either of the parents.

She said there is nothing in the juvenile court's language that speaks to the issue of the removal of life support.

Hawkins referred to the Aiden Stein case as a benchmark for such cases. However, because the father in this case is a juvenile, she said there are differences. Attorneys for the mother argued that because the child has not yet been legally determined to be an abused or neglected child, the juvenile court does not have jurisdiction.

Another major difference in this and the Stein case is that in the Stein case there were two parents who agreed. In this case, the parents disagree. Jones and Ruiz are also not married.

Attorneys for the mother say although the case deals with the decision to ultimately remove the child from life support, "the crux of the case is the health care of this child." Children services, she argued, is authorized and, in fact, mandated to provide health care for the child.

Jones' mother stood to tell the court she supports the decision to keep Jada on life support.

Nancy Flower, the attorney appointed by the juvenile court to represent Jada, also stood to tell the court that she had no position regarding the jurisdiction of the case.

A relative of Deja told the court she believes the doctors, and not the court, should make the decision.

http://www.fox8.com/news/wjw-news-ak...,4704136.story

What a mess! With a shell of a poor child in the middle...

[Dneilz]

Omg that poor baby. I don't have a clue what the hell I would do in this situation. How sad.

[Undeniable Truth]

Hawkins said the potential murder charges, which prosecutors could pursue if the child dies, play no role in Jones' life-support stance.

Whatever dude.

[TwiztidAngel]

well of COURSE he would'nt want her to die!...it would screw up his sentancing!

[MichaelJCheaney]

Hawkins said the potential murder charges, which prosecutors could pursue if the child dies, play no role in Jones' life-support stance.

If this isn't the biggest crock of shit I have ever heard, I don't know what is.

Besides if memory serves, he could be tried for assault NOW, serve his time, and should she die at any point in the future, they could try him for murder, without risking double jeopardy since there are 2 different outcomes to the same event. (Injury now, death later)

[thequeenofsorrow]

Ugh omg someone make it so he can never have sex again. 17 with 3 kids? Obviously can't handle kids. CUT IT OFF

[Dakota Valkyrie]

Besides if memory serves, he could be tried for assault NOW, serve his time, and should she die at any point in the future, they could try him for murder, without risking double jeopardy since there are 2 different outcomes to the same event. (Injury now, death later)

Christopher Wells served time for child abuse in 1989. When his victim died of related issues almost 20 years later, he was charged again, pleaded guilty to second-degree murder, and sentenced to 15 years in prison.

The case, at first glance, could appear to be double jeopardy — trying a person twice for the same crime — which is constitutionally prohibited.

But Robert Batey, a professor at Stetson University College of Law, said this case involves two separate offenses.

"The first crime was some form of assault, and the second crime was murder," Batey said. "He could not have been charged with homicide back in 1986 because the victim was not dead."

http://www.dreamindemon.com/forums/s...ad.php?t=31720

I'm not sure, but it may also depend on the jurisdiction and how their laws are written.

[Silvahalo]

Teenage parents with 3 children, extreme preemie twins to boot, damn, I think what happened was only a matter of time. I wonder what if any help these teen parents were offered by anyone? Now, please understand, I am NOT condoning what he did to baby Jada, but simply thinking out loud on how this might have been prevented.

My sister is 22 acts more like 14 and very ill prepared and immature for some reasons I think are beyond her control. Still, I believe she is very capable of being a far better mother than she has demonstrated so far. Without constant support from my mother, myself and her sisters, I don't think my nephew would make it.

It has always been my concern that as society we expect teenage parents to step up, and demand them to face the daunting role of parenthood, yet little to no help is offered as they are ushered out of the hospital with baby in hand. This is not discount the expectation of responsibility if one can breed like a rabbit to then take care of their offspring. Still, the reality is what it its, children raising children.

Jada isn't living anymore, I think taking her off life support is the right thing to do and Jones is simply trying to save his own ass as he appears to take a stance against it. I hope judgment is in her favor to be let go and finally be at peace, she's already had so much taken away from her. Poor sweet child, that picture is heart breaking.

[CasperGirl]

If it is proven that the Father is responsible for the condition of this little girl then he should have no parantal rights or say so at all. But then again, I know this is hard on the mother but I feel she was neglectful also because both of the girls had fractured legs, so there is no telling how long the abuse has been going on.
But I do feel that if the child has NO chance of recovery then she should be let go to move on to a much better "life" than what she is going thru now. There is no reason to prolong her suffering and her death which will happen in time anyway.

[Tundratot]

This kind of thing is why I back the death penalty and believe its use is too limited. The death of the victim is not the only valid reason to subject a perpetrator to the death penalty. When the perp permanently ruins a life in such a final manner, whether it be a vegetative state, massive crippling of mental capacity, tremendous emotional disturbance. These things are inexcusable and very definitely worth at least considering the same penalties as for murder.

[Athena]

This kind of thing is why I back the death penalty and believe its use is too limited. The death of the victim is not the only valid reason to subject a perpetrator to the death penalty. When the perp permanently ruins a life in such a final manner, whether it be a vegetative state, massive crippling of mental capacity, tremendous emotional disturbance. These things are inexcusable and very definitely worth at least considering the same penalties as for murder.

We can't even get the relative few capital cases we try annually right. Why on earth would we want to contribute to that?!?

The Supreme Court has long held that no state has the authority to execute a man for a crime that did not involve the death of another... and that's a-okay with me.

What this young man has done is vulgar and deplorable, but whose to say that death is a worse punishment than life in prison?

[Tundratot]

Is life in prison even on the table?! Many jurisdictions won't do that even if there's a death involved. Whether or not you like the death penalty, the sentences given to murderers should also apply to crimes this heinous. But, I do approve of the death penalty because I do not think that some criminals should be allowed to languish alive in the criminal justice system indefinitely. They should be put down like the defective animals they are.

[Aslan]

I'm for the death penalty:D
As a matter of fact I think the courts should consider creating a new form of it.
Call it the John Jones method. Where you are placed into a machine that shakes you so much bones are broken and you suffer severe brain damage, then are allowed to exist a week before the needle comes.
That is still more kind than what he did to that little girl.

I'm with the rest of you guys, he's just trying to avoid a murder charge. It's not in his best interest to have her taken off the life support.

Sadly enough, it wasn't in her best interest to have him in her life.

Wherever you are Jada, fly.
Fly and kiss the lions and lay with the lambs

[Dakota Valkyrie]

An Akron mother intends to go to court Monday seeking a judge's order that would allow her to remove her infant daughter from life support despite objections from the baby's father.

The move comes after the father, 17-year-old John Jones, abruptly dropped his court fight Friday after losing an appeal over which court has jurisdiction to resolve this unprecedented parental dispute. A hearing had been scheduled for Monday.
[...]

Doctors at Akron Children's Hospital, where Jada has been for nine weeks, won't make any life-support decisions without the consent of both parents or a court order.

Mary Ellen Leslie, the mother's attorney, said on Friday that she intends to file a declaratory judgment next week in probate court asking Judge Bill Spicer to rule in the mother's favor.

She said doctors, an attorney appointed to represent the infant, and the mother all favor removing life support.

''This poor baby is just having her dying prolonged,'' Leslie said. ''And Mom's rights are essentially being totally trampled. Everyone's on board except the dad, who is accused of causing this baby's injuries.''
[...]

Baby Jada remains at Children's Hospital. Leslie said the infant's condition has not changed or worsened since she was admitted.

''It can't worsen,'' Leslie said. ''She's just there, being kept alive with no apparent, according to the doctors, chance of her ever changing.''
[...]

Prosecutors are seeking to have Jones tried as an adult. Summit County Juvenile Court Judge Linda Tucci Teodosio has scheduled hearings on that issue for May and June. Prosecutors could ramp up the charges to murder, if the infant dies.

Jones initiated the life-support action after his arrest. Teodosio ruled first, finding that juvenile court lacked jurisdiction to resolve the parental dispute. He then filed in probate court and Spicer accepted jurisdiction. To the mother's surprise, her attorney said, Jones appealed Spicer's ruling to the 9th District Court of Appeals.

The appellate court on Friday declined jurisdiction, placing the case back before Spicer. Jones then dismissed his case, putting the issue in limbo.

Leslie said Spicer was ready to ''break this tie'' of conflicting life-support wishes between the parents during a hearing previously scheduled for Monday. She said Jones is now ''stalling the process'' by dropping his case.

''[Friday] marks nine weeks that this baby has been in the hospital with these tubes down her nose and down her throat, taped to her face,'' Leslie said. ''She'll just stay that way while Dad just continues to slow things down.''

http://www.ohio.com/news/94624144.html

[Laurenthian]

God, what the mom must be going through....

Throw Jones in prison for life, general population. Preferably with prisoners who haven't seen their kids for years. Also, encourage guards to spread rumors about Jones--no one likes a child abusing puppy rapist, amirite?

[AussieMum]

I would hate to be faced with the decision to have to turn my own childs life support off....

BUT....

seeing my baby laying their, unable to breath on her own, never being able to breath on her own again... so heartbreaking.

The poor mum must be in agonising hell. I hope she succeeds in her fight and can then make her decisions as needed.

[Whisper]

Baby Dies After Being Taken Off Life Support
july 17 2010
AKRON, Ohio -- The Summit County Medical Examiner's Office and the Akron Police Department are investigating the death of a 10-month-old baby girl.
Investigators say that back in March, Jada Ruiz-Jones was discovered unresponsive at her Springdale Street home in Akron.
Jada was taken to Children's Hospital Medical Center of Akron, where she was diagnosed with severe head trauma.
[...]
On Friday, a Summit County judge ruled that life support should be withdrawn from the infant. She died shortly after 5 p.m.

In his ruling, Judge Bill Spicer said, "The best interests and constitutional rights of Jada should prevail. For nearly four months now, a little girl's body has been hooked up to a breathing machine. The little girl that everyone loved inside is long gone. It is now time as her mother says to "go to a better place with the Lord."
[...]
The girl's mother, 18-year-old Deja Ruiz, wanted the baby to be removed from life support. Jones did not, and has denied the charges against him.
[...]
Doctors from Akron Children's Hospital testified that there was nothing more they could do for the girl whose condition had not improved since she had been there.
Jones' attorney said his reasons for wanting to keep the child alive had nothing to do with the fact that if she dies, he will likely face a murder charge. His attorney is preparing an appeal.
"There is a clear conflict between the interest of the child, Jada, and the father, John Jones, who is withholding his consent for the withdrawl of life sustaining treatment from her. In no other area do we allow the alleged perpetrator of abuse to dictate the treatment plan for the victim," Spicer said.
An autopsy is scheduled for today.

http://www.fox8.com/news/wjw-babydie...tory?track=rss

[badfish76]

How freaking awful. NO ONE was able to move on with the dick head trying to save his own ass.

I just can not fathom having to see my child like that for weeks on end, knowing she wasn't going to get well. Then to top it off not being allowed to make the only decision that could bring her any comfort because the person that inflicted the abuse on her wouldn't let me.

If they really think that he did it they should add a charge of domestic torture for what he put Deja and all the people that loved that baby through while he was scrambling to find a life line that the poor baby never had a chance of finding for herself.

Selfish POS!

[Just my luck sucks]

The Summit County Medical Examiner's Office and the Akron Police Department are investigating the death of a 10-month-old baby girl.

Strange wording/way to start an article when talking about removing life support of that poor little baby girl.

The reporter could have included info on the investigation of the father later in the report. Just struck me as weird and a little cold when talking about Jada.

RIP Sweetie.

[canah84]

RIP Princess. I cannot imagine the pain that mother felt while making that decision.

[Dakota Valkyrie]

Less than a week after a judge settled a dispute between parents and ordered life support removed from an Akron infant, police have charged a teenage father with murder.

John Jones, 17, already had been accused of assault for allegedly inflicting the injuries to his 10-month-old daughter, Jada, that led to her being placed on life support in March.
[...]

On Thursday, Akron police signed murder charges against Jones, who continues to be held in the county Juvenile Detention Center. By law, he is expected to be tried as an adult in Common Pleas court.
[...]

http://www.ohio.com/news/99084299.html