PROVO -- A hearing for a Provo man charged in the death of his infant son was postponed again Thursday as attorneys struggle to obtain all the medical evidence in the case.
Cameron Nielsen, 23, was charged with aggravated murder after his son died in October 2008, though the incident occurred in May 2008. His attorney, Tom Means, said it is crucial to have all medical evidence in the case to determine whether there is a causal relationship between the baby's initial injuries and death. Means said medical professionals have been cooperative with attorneys, but some information has still not been handed over.
"There are gaps in the records," he said. "There are references to procedures that we do not have reports for."
Nielsen was originally charged with eight counts of child abuse and one count of attempted murder in June 2008 after 6-week-old Jason was taken to Primary Children's Medical Center on May 11, 2008. After his one-month stay, Jason was left blind by the abuse and a physician described him as "a very damaged, very impaired baby" whose "brain is a mess."
According to police affidavits, examinations of the boy showed between 14 and 16 rib fractures, three skull fractures, a fractured left tibia, a liver laceration and multiple brain injuries.
Nielsen was interviewed by police and admitted to squeezing Jason's rib cage and shaking him to the point that he was also shaking. Nielsen also admitted throwing the infant into his crib, on May 9, 2008. After this beating, the baby stopped breathing and Nielsen attempted CPR but did not call 911 for medical aid.
According to Jason Nielsen's obituary, the baby died Oct. 17, 2008 and is survived by a brother.
Judge David Mortensen gave attorneys another two months to gather additional information and agreed to sign a court order for records from a consulting physician. Prosecutor Donna Kelly said Primary Children's Medical Center is used to working with the courts and provides information easily, but other doctors require a court order for their own protection.
"I don't have any objection. I would submit it," she told Mortensen.
Kelly told the judge that attorneys from both sides have been working together and would like to reach a resolution, though Means needs all of the evidence before such a resolution can be considered. Although the case has been postponed for more than a year from the original charges, Kelly said it has not been down time for attorneys.
"Mr. Means and his office have really been working hard on this," she said. "It's not like we've been doing nothing on it."
Means said there is no conspiracy from medical professionals to keep information from his client. However, there may be so many procedures, departments and physicians involved that it is hard to bring all the records together at once.
The case is working slowly but smoothly, Kelly said, because defense attorneys have been very cooperative with the prosecution in obtaining all the necessary evidence.
"Tom Means always does an outstanding job of working with people, which I think is a benefit to his clients," she said.
Posted in Local, Provo on Friday, July 10, 2009 12:05 am Updated: 8:17 am. | Tags: Provo
© Copyright 2009, Daily Herald, Provo, UT | Terms of Service and Privacy Policy
