How Could You? Hall of Shame -Russian Adoptee Nathaniel Craver... (2024)

Judge Denies Parents’ Motions to Dismiss Charges in Adopted Son’s Death
[York Daily Record 2/23/11 by Rick Lee]

Comprehensive 2009 and 2010 details of this case are archived at Nathaniel Michael Craver Files at Pound Pup Legacy.

Update: “In a memorandum filed Wednesday in the York County Judicial Center, Chief Deputy prosecutors Tim Barker and Jennifer Russell advised the court they reached their decision to withdraw the death penalty against Michael and Nanette Craver after reviewing the case and consulting experts in capital murder litigation.

The prosecutors said they concluded “a substantial likelihood exists that potential mitigating circ*mstances would outweigh the aggravating circ*mstances … thereby resulting in a sentence of life imprisonment without … parole.” They said the death penalty was being withdrawn “in the interests of justice.”

The Cravers — Michael, 46, and Nanette, 55, of Carroll Township — were arrested and charged with homicide, conspiracy and endangering the welfare of a child in February 2010 following an investigation into the Aug. 25, 2009 death of their adopted son, Nathaniel, at Hershey Medical Center.”

Ourageous statement by defense attorney “Robinson said the mitigating circ*mstance he was relying on was “the catch-all, that basically these people are good people.” NO they are not GOOD people basically or otherwise!

“The Cravers, who both remain in county prison without bail, are scheduled for a status hearing before Judge John S. Kennedy on July 5.”

DA takes death penalty off the table for parents of Russian boy
[Daily Record 7/2/11 by Rick Lee]

“Prosecutors say they withdrew the death penalty because they reviewed the case and believe a sentence of life without parole is more in line with the interest of justice. Both adoptive parents will be in court on Tuesday.

7-year-old Nathanial Craver died in August 2009. An autopsy showed more than 80 external injuries, many on his head. The boy was also emaciated.

Craver was adopted from Russia by Michael and Nanette Craver, who are charged with his death.”

“The couple’s lawyers have argued Craver had reactive attachment disorder and many of his injuries were self inflicted. ”

“When withdrawing the death penalty option prosecutors said mitigating circ*mstances would outweigh those aggravated circ*mstances. A guilty verdict would then mean life in prison without parole.

Craver had a sister who was also adopted by Michael and Nanette. She is doing well.

Michael and Nanette are both in York County Prison without bail.”

Couple will not face death penalty if convicted of killing adopted son
[WHPTV news 21 7/4/11 by Christina Butler and Ryan Eldredge]

Update 2: “A jury has been seated in secret for the internationally high-profile case of a York County couple accused of killing their 7-year-old adopted Russian son. The presiding judge said this was done primarily out of fear that coverage by the York Daily Record/Sunday News would taint potential jurors.

Judge John S. Kennedy said information typically available to the public on the court calendar and in the defendants’ dockets addressing jury selection was purposefully withheld by agreement between the defense and the prosecution. No public hearing on the issue of jury selection was ever held.”

Twenty-eight of the fifty-nine potential jurors had heard of the case but did not recall many of the details.

“Melissa Melewsky, legal counsel for the Pennsylvania Newspaper Association, said, “Jury selection is public and must be conducted in open court unless there has been a showing of good cause made on the record for closure.”

Law experts disagree whether the way jury selection was handled in this case is problematic. ”

“Anyone who feels it was inappropriate could appeal to a higher court.”

Confusion in official reasons for the closed jury selection

“Kennedy said Tuesday’s jury selection was open to the public, and some members of the public were present. He said he was not sure how they knew of the jury selection.

But, he said, the decision to not publish the fact that jury selection was taking place or that the trial was scheduled for Sept. 6 in the court calendar or defense dockets “was intentional.”

“That certainly was an action on my part, and I take full responsibility that it occurred,” he said. “I anticipated the papers would not be happy when they found out. I discussed it with my colleagues, and they agreed is was not illegal and not improper.”

As of close of business Wednesday, no information about the jury selection or the scheduled start of this trial had been placed into the public record.

Earlier Wednesday, a reporter asked Chief Deputy Prosecutor Tim Barker if he was picking a jury for the Craver case. He said no. When the reporter then asked, if he would be picking a jury, he said no.

Barker then added the district attorney’s office had opted not to speak publicly about the case “at all to ensure a fair trial.” And he would discuss neither the jury selection nor a trial date.

District Attorney Tom Kearney said Barker is “making all the calls” in the Craver case. ”

??? on Public Record

“President Judge Stephen P. Linebaugh and York County Clerk of Courts Don O’Shell said they had no specific knowledge Wednesday afternoon that jury selection in the Craver case had taken place or that a jury had been seated Tuesday.

O’Shell, whose office tracks all county criminal cases, also could not explain how information put in the tracking system by his staff was missing in the Cravers’ cases.

O’Shell confirmed that, contrary to standard practice, neither a notice of jury selection nor a trial date was on the public court calendar or the Cravers’ electronic case files.

As president judge, Linebaugh is responsible for assigning judges to criminal or civil court. He is not involved in the assignment of criminal cases to judges. He said he noticed jurors in the courthouse and was aware that the Craver case was coming up, but he didn’t give it any more thought.”

Secret jury selection held in local Russian adoption death case
[York Daily Record 9/1/11 by Rick Lee]

“In defense filings, the Cravers contended that Nathaniel “had been diagnosed with Reactive Attachment Disorder and that one of the symptoms, observed by his treatment professionals was self-injury.”

Accusations that media coverage made “secrecy” essential for jury selection are certainly sketchy. The facts are that the Carver’s case has sparked international attention. Nathaniel Carver was adopted from Russia and due to issues with other Russian-U.S. adoptions where the adopted child has been harmed or murdered, Russia blocked all adoptions to the United States.”

Jury quietly chosen in death of adopted Russian child
[South Central Examiner 9/1/11 by Yvonne P. Mazzulo]

Update 3: “One day after York County Clerk of Courts Don O’Shell learned a judge had kept his office out of the loop in a secret jury selection, he ordered his staff to make sure all court information that should be public is public.

O’Shell said Thursday he directed his staff to place every adult criminal case and hearing on the public calendar unless there is a signed order from a judge sealing that information.

“If we know about it, it’s going to be public unless there is a court order,” he said.

O’Shell issued his order after he learned Judge John S. Kennedy had sidestepped his office, which is tasked with keeping track of all criminal court records, and selected a jury in secret for a homicide case set to begin Tuesday in the Judicial Center.

“Clerks of courts are independently elected to provide the public insight into the court system, to let the press shine a light on the system,” he said. “I’m not here to police the court, I’m here to be the window. To let the press and the public make their own decisions about what they see and read.”

“O’Shell said he spoke with Kennedy Thursday morning, the day after a reporter asked why the jury selection and trial date could not be found in public court records.

He said Kennedy took full responsibility for the stealthy jury selection.

O’Shell said his clerks, who attend every criminal court hearing and are responsible for keeping minutes and taking custody of evidence, were not privy to the sidebar conversations between Kennedy and the attorneys in prior Craver court hearings.

He said Kennedy told him jury selection and the trial date were discussed out of earshot of the clerk.

“He said he purposefully excluded my staff, hoping to avoid any pre-jury selection publicity,” O’Shell said.

He said Kennedy gave his clerk the impression that this jury selection was “supposed to be kept under the radar – public but not publicized.”

Kennedy further bypassed O’Shell’s office by arranging with the prison himself to transport the Cravers, who both are being held without bail, to court for the jury selection, O’Shell said.

All prisoner transport orders for court hearings go through the Clerk of Courts office.

Then there was a miscommunication between Kennedy and O’Shell’s clerk, he said. After the jury was seated and warned not to view local news reports until after the trial was over, Kennedy should have told the clerk to put the trial date on the Cravers’ dockets and in the public calendar. That was not done until Thursday after being brought to O’Shell’s attention.

“I wasn’t too pleased with the role our office had or didn’t have in this,” O’Shell said.
O’Shell said he understands the reasoning behind Kennedy’s secret jury selection.

“He was trying to save the county money by not going out of county to get a jury,” he said. “And I think that is laudable.”

Still, O’Shell said he found it a “little disconcerting” that Kennedy’s actions prevented his staff from putting notice of the jury selection and the trial date on the court calendar and dockets for the public.”

Clerk responds to secret jury efforts in Russian adoption case with new orders for staff
[York Daily Record 9/2/11 by Rick Lee]

Update 4: TESTIMONY EXTREMELY GRAPHIC “After Michael Craver rushed his unresponsive 7-year-old son to Holy Spirit Hospital, the first doctor to examine him noticed an unstitched, healing wound on the back of the boy’s head.

Beside the boy’s frighteningly swollen face, mottled bluish skin, fixed pupils, raspy respiration and deep coma, the doctor wondered about the untreated head wound.

Dr. Nicholas J.T. Baran said Craver told him, “These injuries kind of happen all of the time.”
Craver later said, “… it’s amazing what you get used to,” a York County Child abuse investigator said.”

“Barker told the jury of Nathaniel’s uncountable injuries spread “head to toe” over his body. He said there was evidence of repeated physical abuse, “pattern” injuries and binding.

He focused specifically on the boy’s swollen face and his underlying head injuries. Barker said he was told people cried when they saw Nathaniel in the hospital and that some described his appearance as “a little monster.”

He said the Cravers’ contention that the boy’s physical and emotional disorders – fetal alcohol syndrome and reactive detachment disorder – and allegations of injuring himself resulted in his death.

“The defendants have used Nathaniel’s background …. to cover what was really going on,” he said. “There is only one conclusion. he did not self-abuse himself to death.””

The public defender said “They sought answers from doctors and hospitals throughout southeastern Pennsylvania, including Hershey Medical Center and the Children’s Hospital of Philadelphia, she said.

She said therapy at a Lancaster facility, where Michael Craver batted balloons with his son and acted like a princess with his daughter, Nathaniel’s twin sister, helped the girl who had similar problems, but not Nathaniel.

The first day of testimony focused on Nathaniel’s appearance when he entered the hospital. His parents said he had hit his head on a wood stove in their Carroll Township home.

An emergency room nurse at Holy Spirit Hospital said the boy’s head, “to me, felt like a wet sponge.”

Baran testified Nathaniel registered the lowest possible score on a medical coma test. He also told the jury that a scan of the grotesquely swollen left side of the boy’s face showed no subdural fresh bleeding and was the result of an older injury.

Dr. Mark Iantosca, a Hershey Medical Center neurosurgeon who removed part of Nathaniel’s skull to relieve the swelling, said he found older blood under the boy’s scalp and fresh blood pushing on his brain.

Iantosca also said the injury could have happened the way the Cravers’ said it did.

“I think a 7-year-old child, throwing himself with a running start headfirst into a metal object would be sufficient to cause that injury,” he said.”

“He added that the head injury could have been caused by “a closed fist, a blunt object or a car accident ….”

He also agreed with the defense that the child could have appeared uninjured and then suffered bleeding and swelling of the brain during the night.

The trial continues today and is expected to last through next week. ”

“According to testimony, evidence and statements presented in court Tuesday during the first day of trial, the jury learned:

• Nathaniel and his twin sister were born prematurely in a Russian prison to a mother with substance abuse problems;
• Both children were diagnosed in the United States with fetal alcohol syndrome and reactive detachment disorder;
• Nathaniel was hyperactive, mentally delayed and had a short attention span;
• He pinched and bit himself, pulled his hair and eyebrows out and pulled the skin under his nose until it bled;
• He had a high pain tolerance and appeared fearless;
• He would bang his head and rock himself to sleep;
• The Cravers were reported twice to York County Children, Youth and Families for apparent injuries on the children. The children were placed in foster care but no findings of abuse were substantiated;
• After returning from foster care, Nathaniel was distant with his parents;
• Nathaniel was distant with children but “touchy-feely” with adults, offering them hugs and kisses;
• He would pull the family dog’s fur;
• He was abusive to his sister;
• He frequently wet the bed. “

“The jury also learned Nathaniel’s injuries included:

• A fresh hematoma, massive bleeding between the skull and the brain;
• Older evidence of bleeding between the scalp and the skull;
• A boxer’s cauliflower ear on the left side of his head;
• A ruptured right eardrum;
• Evidence of binding;
• Pattern bruising to the back and buttocks;
• Emaciation and less than one millimeter of subcutaneous fat;
• And “head-to-toe” marks, bruising, contusions and abrasions, according to at least two medical witnesses.”

Jury hears details of adopted Russian boy’s serious injuries
[York Daily Record 9/6/11 by Rick Lee]

“Russia’s Consul in New York Alexander Otchainov, who was present at the trial, questions the validity of these statements. The more so that according to the Russian diplomat, they are rejected by all those who saw the boy, when he was brought to the hospital.

At the very beginning of the investigation the prosecutors believed that the Cravers should be sentenced to death. Now they say that the American adopted parents should be sentenced to 20 years in prison. In an interview with the Voice of Russia Ombudsman for Children’s Rights under the Russian President Pavel Astakhov said:

“The prosecutors plan to soften the accusation and to hand down a light punishment for killing a child. Of course, long-term imprisonment is also a serious punishment but if the Cravers killed a policeman, a taxi-driver, a doctor, or simply a passer-by on the street, they would have been undoubtedly sentenced to death.”

Pavel Astakhov stressed that the current trial is being carried out under the conditions when a new adoption agreement between Russia and the USA that was signed this July had not come into force yet. Otherwise, Russia would have been able to be present at the trial as a full-value participant, not simply an observer. The previously mentioned agreement will create an absolutely new legal situation, Pavel Astakhov said:

“Trials similar to that of Vanya’s adoptive parents have recently become frequent in the USA. And as a rule, verdicts leave much to be desired. The Russian Ombudsman says that it would be wrong to ban the adoption of Russian children by foreigners. However, only countries having a relevant agreement with Russia should be allowed to adopt Russian children. For the time being, only the USA and Italy have signed such documents. It is necessary to create a situation in the future when adoption privileges will be given to Russian citizens,” Pavel Astakhov said.”

American adoptive parents do not face death penalty
[The Voice of Russia 9/7/11]

Update 5: More Testimony of Day One.

“”The second defense list was all the specialty facilities that attorneys Rick Robinson and Suzanne Smith said the Cravers had taken Nathaniel and his twin sister to treat chronic health issues they said were related to their birth and early life in Russia: Children’s Hospital of Philadelphia, the Institute for Children and Families, and a host of others across the region.” ”

This is the only article that names thesupposed therapists that Nathaniel was taken to. Unfortunately “host of others” may be the most specific that we may hear on the rest. No timeframes were given of the therapies. All of the therapists would be mandatory reporters of abuse. Were the Craversgiven strange “discipline” techniques or did they ignore what therapists were telling them?

York County couple killed their son, prosecutor tells jury
[The Patriot News 9/6/11 by Jeff Franz]

Day Two of Testimony WARNING VERY GRAPHIC. It is mind-boggling that the death penalty will not be allowed in this case!

“Seven-year-old Nathaniel Craver did not cause the significant, repeated injuries that ended his life, according to a forensic pathologist.

Dr. Wayne Ross spent Wednesday morning testifying about the injuries he documented on Nathaniel’s body.”

“The boy had significant anemia; inadequate muscular development to his shoulders, arms and legs; and his ribs and spine protruded from the skin, Ross said.

‘Like pencils’: “They look like pencils, they’re so thin,” the pathologist said of Nathaniel’s legs.

Bruises covered the boy’s torso and back — with more than 50 on the chest and stomach alone, Ross testified.

Tearing of the muscles around Nathaniel’s shoulders and pelvis were caused by someone yanking or pulling on his extremities, according to Ross. Some of those bruises were fresh, others were days old, he said.

Jurors saw four black-and-white photos of Nathaniel’s body, taken during his autopsy, and Ross pointed out injuries with a laser pointer.

Jurors also saw photos of Nathaniel taken in 2007 and 2008, and Ross testified the boy was more physically developed at that point than at the time of his death. He conceded on the stand that Nathaniel was small and underweight for his age. ”

“Asked by chief deputy prosecutor Tim Barker to describe the overall condition of Nathaniel’s brain, Ross said, “It was a mess. … It was so badly damaged I could hardly observe the internal structures of the brain.”

There was evidence of blunt-force trauma “literally … everywhere” in the brain, Ross testified, as well as “massive, huge amounts of bleeding and swelling.”

The pathologist also discussed what he said was scarring on Nathaniel’s wrists and ankles.
“I drew a conclusion that there was binding in this case,” he said, meaning someone tied the boy’s wrists and ankles. ”

“Ross said he reviewed Nathaniel’s medical records from 2007 and 2008 and found no significant trauma to the boy’s head or other body parts, and no sign Nathaniel was failing to thrive at that time.

The pathologist said he considered the possibility Nathaniel caused his own injuries, but ruled out that possibility during the autopsy.

The boy’s “conglomeration of injuries (were) due to the direct action of another, and not due to self-abuse,” Ross told jurors. ”

“Also testifying Wednesday was Dr. Andrew Bloschichak, who is married to Nanette Craver’s sister.

He testified that on Aug. 20, 2009 — the morning Nathaniel was taken to the hospital — Nanette Craver called his house and he answered the phone. She asked to speak with her sister, but Bloschichak’s testimony indicated her tone of voice was normal.

He had no idea anything was wrong until 30 minutes or so later, after he’d gone to work, and his wife called him.

“My wife was just hysterical about it,” he said, adding he viewed Nanette Craver’s demeanor on the phone as inappropriate.

Bloschichak testified he never saw Nathaniel self-injure, and described him as “a free-spirited little boy.” ”

When they were in foster care–another failure in CPS Investigations

“Lori Ferree testified she and her husband were foster parents for Nathaniel and his twin sister for about two weeks when the twins were 5 years old, after York County’s Office of Children, Youth and Families began investigating the Cravers.

Ferree said she had prior experience dealing with a child who self-injured, and she was instructed to watch Nathaniel for any signs of that. She saw “none whatsoever,” Ferree testified.

Nathaniel liked to play, and liked “being the ham,” but “in some ways, he was really sad,” Ferree said.

Ferree recalled a time when Nathaniel cried “because he thought I was taking him home.”

She said he seemed confused about whether it was OK to get dirty while playing. Ferree also testified Nanette Craver “scolded” her for not having the right shoes on Nathaniel’s sister — the ones that matched her outfit — during a family visit.

Visits recounted: Lisa Blake, a parent educator with Catholic Charities’ Intensive Family Services, testified she became involved with the Craver family at the direction of the Office of Children, Youth and Families.

She said Michael Craver would “suddenly escalate” during her visits and yell at her.

“His neck veins would pop out,” Blake testified.

She visited the Cravers four times between December 2007 and January 2008 and said the last visit ended early because Michael Craver was angry she had disturbed the family’s dinner, although the appointment had been scheduled.

“And I was very happy to leave,” Blake testified. “I wasn’t feeling safe.”

At that point, a judge had closed the Cravers’ child-services case, but Blake had not been informed of it, she said. On cross-examination, Blake confirmed the Cravers told her they were consulting with other child experts. ”

Which judge closed this case? He should be on trial too!

Pathologist: 7-year-old didn’t cause his own fatal injuries
[York Dispatch 9/7/11 by Elizabeth Evans]

“A close-up photograph of 7-year-old Nathaniel Craver’s face as he lay on an autopsy table showed his swollen head.

How extensive that swelling was became apparent when his head was compared to the frailness of his neck.

Dr. Wayne Ross, a forensic pathologist who has performed more than 9,000 autopsies and post-mortem exams, could not keep the astonishment out of his voice as he described the dead boy to the jury.

“His head, virtually his entire head, was swollen up like a balloon,” he said. “And I don’t mean just a little bit of swelling. The entire skull and head looked like a watermelon. Like an alien.””

“Ross was on the witness stand for more than four hours, testifying about the boy’s injuries and giving his expert opinion how they occurred. He said Nathaniel died from “complications of a traumatic brain injury” and “severe failure to thrive.””

“Michael and Nanette Craver, 55, have maintained the boy struck his head on a wood stove in their home. They told police, doctors and child abuse investigators Nathaniel seemed all right except for a mark on his head. They put an ice pack on the mark and put him to bed about 45 minutes later. In they morning, they said, they could not rouse him.

Ross told the jury he began his examination from that aspect.

He said, during his examination, he turned to the police officer observing the autopsy and told him the boy’s death “needed to be pursued from the aspect of abuse caused by another person.”

Ross said he found evidence of injury to the right side of the boy’s brain, a subdural hematoma, from an impact “of hundreds of Gs of force,” inflicted about two weeks before he was brought to the hospital in a coma.

Ross said the swelling of the boy’s head was the result of “multiple impacts.”

Relying on photographs taken of Nathaniel during the summer of 2009, including one of a healthy, well-toned shirtless boy, Ross concluded that six weeks before his death the boy suffered repeated impacts to his head, pulled legs and arms, blunt force trauma to the chest, possibly was bound and was starved.

The doctor also found evidence of a skull fracture on the right side of the head, a healing broken rib, compression spinal injuries, and high enzyme levels confirming liver and heart damage.”

“The child otherwise was covered with small bruises and abrasions on his chest and back. In a picture of the dead child laying on his back, every rib could easily be counted.

Ross said Nathaniel’s swollen brain at autopsy “was a mess.”

“It was soft as anything,” he said. “It was purple and it was dead. Flat and mushy and just horrible.”

On cross-examination, defense attorneys pushed Ross with alternative theories for the injuries, such as fetal alcohol syndrome, self-abuse, genetic disorders and diseases. Ross conceded such theories could account for injuries in some cases but “not in this case.”

He said he specifically looked for and did not find evidence of alcohol fetal syndrome in Nathaniel’s brain.”

Other Witnesses

“Ferree said Nathaniel was an active boy who loved to play but seemed confused about being allowed to play in the dirt and get dirty. She said when she would take the children for supervised visits with the parents, the children would return in more “formal” clothes.

She said Nanette Craver chided her one time for dressing Elizabeth in the wrong shoes for her outfit.”

Catholic Charities parent educator Lisa Blake testified that Michael Craver railed against Children, Youth and Families’ “interference” in the family’s lives.

She said during one meeting with him, he was so verbally abusive, she was happy to cut the session short.

Andrew Blochichak, a family physician and Nanette Craver’s brother-in-law, testified he did not see Michael and Nathaniel Craver at any family gatherings the summer of 2009. He said he did see Nanette and Elizabeth. His testimony implied Nathaniel was being kept from sight.

He said he asked Nanette why Nathaniel was not at a July 4th party and a later wedding.

“Nanette said, ‘Nathaniel is a handful,’ and she didn’t want to bring him,” he said.”

Forensic pathologist: Nathaniel Craver’s injuries could not be self-inflicted
[York Daily Record 9/7/11 by Rick Lee]

Update 6: Day Three includes the great aunt’s, two doctors’ and social worker supervisor’stestimonies. A third doctor, the one who reported them to protective services after they moved to a new town, was notidentified. We will have to give him anonymouskudos fortrying to help Nathaniel.Unfortunately, as you will read in the testimony below, not enough people were willing to step up and do the right thing. The trial is scheduled to conclude on Friday September 9, 2011.

Before we get to the testimony, a Russian article was published yesterday that talks about a sentencing of 20 years. TheyMAY BE sentenced for up to life in prison. The trial is ongoing sothis reporting is incorrect or lost in translation.This is one reason why we prefer to get information from as many sources as we can across our blog posts. The truth usually lies somewhere among the many reports. Some of our cases’ most important pointsare told in foreign media. This is not one of those cases. TheUS updateshave been extremely detailed. Sentence for killers of adopted Russian child ‘too lenient’[Ria Novosti 9/8/11]”The 20-year custodial sentences handed down to the U.S. couple who killed their adopted Russian son were too light, Russia’s child rights ombudsman said on Thursday.”

The Great Aunt’s Testimony

The York Dispatch reports “the great-aunt of 7-year-old Nathaniel Craver told jurors she visited with him about a week before he died.

Sandra Adkins of Virginia testified the boy was lethargic that day, which was unusual.

“He was a very active little boy (normally),” she told jurors, but that day he was very quiet. Still, she said, she enjoyed the visit.

“It was very pleasant,” Adkins said. “Nathaniel always wanted hugs and kisses.”

“On the witness stand Thursday afternoon, Adkins told jurors she never saw Nathaniel hurt himself or become aggressive, but confirmed she’d been told that by Michael and Nanette Craver.

The day she last saw Nathaniel, his eyes were almost swollen shut, he had a very large bruise on the left side of his face, and a large scar on the back of his head, Adkins recalled, and she asked about the injuries. [Wow! Really? You just asked about these severe injuries?]

“Michael said that he fell, as he always does,” she testified. “He said Nanette fixed it.”

At that point, Nathaniel whispered in her ear, “Mommy. Needle,” Adkins said.

Adkins told jurors that throughout most of the visit, Nathaniel sat quietly in her lap.

“He just put his little arms around my neck and just held onto me,” she said.

According to Adkins, Nanette Craver was getting ready to leave for work and Nathaniel and his sister ran over and hugged heir mother’s legs, asking for kisses.

“She pushed Nathaniel away and kind of blew a kiss at Elizabeth’s head,” Adkins testified.

She said she believed Michael Craver when he told her Nathaniel hurt himself.

“Michael adored his children,” she said.

Adkins also confirmed her family doesn’t like Nanette Craver. This comment caused Michael Craver to dab his eyes with a tissue; Nanette Craver showed no visible emotion.

“Nanette ordered (Nathaniel) around like a little soldier,” Adkins testified. “She did a lot of yelling and screaming. She was always mean to the child.” ”

Pediatrician’s Testimony (Years 2003-2007)

York Daily Record reports “Dr. Tapash Sengupta, a Danville-area pediatrician, the Craver children’s first American doctor who cared for them between 2003 and 2007, said he recalled no self-injurious behavior and did not observe any symptoms of reactive detachment disorder.

On cross-examination, he confirmed the Cravers did not raise the subject of Nathaniel hurting himself until after they moved from Stillwater to Dillsburg and had been reported to authorities for suspected child abuse.

The doctor the Cravers initially went to in Dillsburg had made that call and York County Children, Youth and Families went to the family’s home in April 2007. The allegations could not be substantiated.

It was during a wellness examination with Sengupta in June 2007 that Nanette Craver said they were worried by Nathaniel’s short attention span and pinching himself, Sengupta said.

He said he told the mother not to be overly concerned. He said most 5-year-olds have limited attention spans and he saw no evidence of the injuring himself.”

Psychiatrist’s Testimony

York Daily Record reports”Lancaster psychiatrist Jeffrey Hermann testified the Cravers came to him on a referral from the Institute for Children and Families, where they were also taking their son for treatment.

He testified he diagnosed Nathaniel with reactive-attachment disorder and attention deficit/hyperactivity disorder, and said he’d been told the boy injured himself, although he never witnessed that.

Called by the prosecution, Hermann testified he had six 15-minute sessions with either Nathaniel or his parents, but that Nanette Craver — without consulting Hermann — took Nathaniel off the anti-psychotic and anti-hyperactivity medications Hermann had prescribed.

The Cravers did not take Nathaniel to his last appointment, scheduled for August 2008, Hermann said, and he never saw the boy again.”

“But under cross-examination by the Cravers’ defense attorneys, Hermann made statements that bolstered the Cravers’ assertions that their son injured himself.

The psychiatrist confirmed the Cravers said they had concerns because Nathaniel was scratching himself, pulling out his hair and eyelashes, and purposely burning himself.

Hermann testified he’d also been told Nathaniel tried to drown himself, and pulled out two of his own teeth — a baby tooth and a permanent tooth.

“Hermann said he asked Nathaniel about the near-drowning incident, but the boy “was guarded, didn’t want to discuss it and said he’d already discussed it with his mother.”

The doctor also said that when he asked Nathaniel why the boy didn’t like school, Nathaniel said it was “because he didn’t like to be away from his mother.”

Hermann told jurors he had no reason to think the Cravers weren’t being honest and forthcoming with him. He also testified he later was told the Cravers stopped taking Nathaniel to the Institute for Children and Families because the boy’s problems weren’t improving. ”

The York Dispatch adds “He said they tried a few different drugs, including Prozac. He said the parents stopped the medications after Nathaniel became “more depressed.”

Hermann said Michael Craver came to the last scheduled appointment on Aug. 13, 2009, without Nathaniel.

He said he later learned, after York County Children, Youth and Families asked for Nathaniel’s records, that the child had died.

Defense attorney Rick Robinson asked Hermann if the Cravers told him that Nathaniel pulled out two of his bottom teeth, one baby tooth and one permanent tooth.

“Yes,” Hermann said. “That’s when we started the Prozac.”

Hermann’s nurse, Sara Thrasher, testified that Michael Craver stormed out of the office the day he appeared for an appointment without Nathaniel.

She said he got angry when she told him the child must be present for a medical appointment.

“He said we would probably never see him again and slammed the door on the way out,” she said.

Social Worker Supervisor’s Testimony

“Rande Fregm, a visiting supervisor with Catholic Charities, testified the Craver children repeatedly sought affection from their mother but were rebuffed.

She said she saw Nathaniel rub his eyes and pinch himself when his mother helped him with his homework.

“A lot of the discipline I observed was inappropriate,” she said. “[And what was done AFTER that observation?Hmmm…]

Testimony: 7-year-old boy ‘lethargic’ in days before his death
[The York Dispatch 9/8/11 by Elizabeth Evans]

Pediatrician says he remembers Nathaniel Craver as ‘healthy-looking boy’
[York Daily Record 9/8/11 by Rick Lee]

Update 7: Day Four, Testimony for the Defense Plus Looking Ahead to Next Week’s Defense Testimony. The trial is not over despite the prediction by some Press that it was to end on Friday September 9.

Preschool Teachers’ Testimony [Um, he was not in preschool when he died, he was 7]

“Five of Nathaniel Craver’s preschool teachers testified on behalf of the defense Friday during his parents’ murder trial, saying he always seemed happy to see his mother when she picked him up, and that she always appeared concerned about his welfare.

Those teachers also said while they never saw Nathaniel deliberately try to hurt himself, he was developmentally disabled and often fell, tripped and walked into things.

Amy Zook, director and head teacher at Mountainside Preschool in Dillsburg, recalled Nathaniel as being a fearless climber and jumper who never seemed bothered by injuries. ”

“Things did not seem painful to him,” she testified. “Seldom did we see him cry.” [Did they see him with two swollen shut eyes and a head wound, though? How about head-to-toe bruising?Are adults only to seek medical care if the child cries? Wouldn’t it be EVEN MORE important to seek medical care if your kid DOESN’T cry? ]

Defense “attorney Gerald Lord — representing Nanette Craver — told jurors numerous doctors and expert witnesses will testify Nathaniel could have caused his own fatal injuries, and that he suffered from numerous conditions including fetal alcohol syndrome, post-traumatic stress disorder, attention-deficit/hyperactivity disorder and reactive-attachment disorder.

“Nathaniel entered this country with severe brain damage,” Lord said; he was born premature and suffered severe neglect at the Russian hospital and orphanage where he spent the first 18 months of his life.

Lord also said that friends of the Cravers will testify they saw Nathaniel injuring himself, including banging his head against objects and bumping into things.

“Nathaniel Craver had an all-too-painful, short life,” Lord said, but his parents did not kill him and took extensive steps to get him help. ” [How about on that last night, eh?]

Grandpa’s Testimony

“Michael Craver’s parents, Robert and Sandra Craver of Berwick…said they last visited with Nathaniel at his home in May, about three months before his death.”

“”I was very concerned about his condition,” Robert Craver testified. “His eyes were swollen shut. His head seemed a little larger than normal.”

He confirmed he didn’t call police or take Nathaniel to the hospital, and said he heard his son tell Nathaniel, “You’re not going to do this again to yourself.”

Robert Craver also said he suggested getting Nathaniel out of the family home, but his son disagreed.

“Michael said, ‘This is his home, this is where he belongs,'” Robert Craver recalled. ”

[So, both the great aunt in the WEEK PRIOR to his death AND grandpa 3 MONTHS PRIOR to his death saw him with both eyes swollen shut and head misshapen and did nothing??THREE MONTHS LONG OF EYES SWOLLEN AND HEAD MISSHAPEN!!!! Well , I guess WE will have to shed the tears hereforhim then]

Motion to Dismiss First Degree Murder for Nanette DENIED

“[A]ttorney Rick Robinson, who also represents Nanette Craver, asked that the first-degree murder charge against his client be dismissed.

Clasina Mahoney, who is jointly representing Michael Craver with fellow attorneys Suzanne Smith and Ron Jackson Jr., asked the same thing for her client. The attorneys argued the prosecution had not presented enough evidence for the charge to remain.

Common Pleas Judge John S. Kennedy denied the motion, noting the prosecution has made a circ*mstantial case. ”

Five of Nathaniel Craver’s teachers testify for defense
[The York Dispatch 9/9/11 by Elizabeth Evans]

Next Week’s Testimonies

“The defense opened on Friday with testimony from the boy’s pre-school teachers who characterized him as sweet, easily distracted, clumsy, extremely active and fearless.

The Cravers maintain they did everything they could for their child and that he was fatally injured when he hit his head on a wood-burning stove in their Carroll Township home.

Last week, the prosecution said in the months before Nathaniel’s death, the Cravers took him from place to place attempting to get a diagnosis to support their claim that he inflicted injury on himself.

Next week, the defense will attempt to show that the Cravers were loving parents who sought help for their son in numerous areas of medicine and mental health.

Defense attorney Gerald Lord said the witnesses expected to be called are respected experts in their fields and that their testimony will conflict with the prosecution’s experts.

He said, by the end of the trial, he expects the jury is “not going to be able to convict either of the Cravers.” [emaciated, severe failure to thrive..I guess he did that to himself and NOT seeking TIMELY medical care for multiple head injuries….]

RAD

“One of the places the Cravers looked for help, Lord said, was the Institute for Children and Families in Lancaster.

Lord told the jury that the Cravers’ problems were considered so pressing to the institute they bypassed other families to be placed atop the treatment list.

According to the institute’s website, it is a mental health treatment facility for young children who have emotional problems with bonding and attaching with their parents.

The Cravers’ attorneys previously have said Nathaniel and his twin sister both were diagnosed with Reactive Detachment [sic] Disorder (RAD) by doctors at the Children’s Hospital of Philadelphia. “

“In her opening statement Monday, First Assistant Public Defender Clasina Mahoney said the Craver children were born prematurely, spent their first year in a hospital followed by five months in an orphanage under “bad conditions … no tender care, no holding.”

Mahoney also said Nathaniel suffered from Fetal Alcohol Syndrome. She said the twins were born in prison to a mother with substance abuse problems. “

“Lord said the director of the North Dakota University biomechanics lab also will offer his opinions on how Nathaniel’s head trauma may have occurred. He said that testimony will be in direct opposition to the method and amount of force the prosecution claimed was necessary to inflict the injury. ” [Note to Public Defense Lawyer…it was 80 injuries with 20 to the head not “the” injury]

Parade of expert witnesses expected next week in Russian adoption trial
[York Daily Record 9/10/11 by Rick Lee]

“PENNSYLVANIA CRIMES CODE PART II. DEFINITION OF SPECIFIC OFFENSES
CHAPTER 25. CRIMINAL HOMICIDE
§ 2502. Murder.
(a) Murder of the first degree.-A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.

“Intentional killing.”
Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing. ”

Dictionary definition of deliberate “Done with or marked by full consciousness of the nature and effects.”

So we are to believe that with 3 MONTHS of eyes swollen shut and misshapen head that they were not fully conscious of the nature of the effect of that?

Update 8: Day Five of testimony.

Dr. Richard Adler of FASDexperts.com testified for the defense. Dr. Adler never met Nathaniel. He looked at records from other health professionals. He testified that he disagreed with the prosecution’s forensic pathologist witness, Dr. Ross, who said that Nathaniel did not have FAS due to a lack of abnormalityofhis Corpus Callosum . Dr. Adler’s website says “FASD conditions involve physical brain damage and other physical birth defects.” Though his website indicates that there needs to be “physical brain damage”, the York Daily Record said thathe testified that “facial features — specifically his eyes, upper lip and the skin between his nose and lips – show he had Fetal Alcohol Syndrome.”

The York Dispatch reports “Adler testified he reviewed Nathaniel’s medical files and autopsy report at the request of the Cravers’ defense attorneys, and concluded the boy had fetal alcohol syndrome.

“There’s no doubt in my mind,” he said.

Those suffering with fetal alcohol syndrome struggle with issues including learning disabilities, hyperactivity, poor motor skills, poor social skills, problems with cognitive deficits and memory issues, he said. Some people with the syndrome are psychotic and exhibit higher rates of suicide attempts, he said.

“This is a very impaired population,” Adler testified, with widespread brain injuries. The condition has a “devastating” impact on sufferers, the doctor said.

Raising healthy twins is stressful, Adler said, but raising twins suffering from fetal-alcohol spectrum disorders is “extremely stressful.” Nathaniel’s twin has also been diagnosed with fetal alcohol syndrome, he said.

“There is a profound increase in caregiver stress,” Adler told jurors. ”

“He dismissed the idea that the Cravers had “some kind of concocted plot” or “ruse” to cover up alleged abuse of Nathaniel by taking him to medical experts for treatment of behavioral issues. [He never met them before the trial so how could he know if they had a plot or not?]

He also confirmed some people who suffer from fetal alcohol syndrome engage in self-injury, but made no statements about whether Nathaniel did.

Adler also noted that an “exhaustive” 2010 study done in Sweden — where many families have adopted children from Russian orphanages — showed that the rate of fetal alcohol spectrum disorders in Russian orphans was “enormous.” Fifty-two percent of those children suffer from the disorder, at a rate of about 80 times higher than the rest of the world’s population. ”

York Daily Record reports “Although the commonwealth did not call an expert on Fetal Alcohol Syndrome, Adler had access to those experts’ findings.

One psychiatrist consulted by the prosecution determined it did not matter if Nathaniel had Fetal Alcohol Syndrome.

Adler said that doctor, in her own words, found, “… what matters is the parenting (he) did receive after being adopted.”


Adler said his team’s protocol and computer-aided analysis confirmed with “100 percent certainty this child has Fetal Alcohol Syndrome.”

Upon cross-examination, “Adler conceded he never saw a child with FASD who died with the serious injuries Nathaniel had.”

“Another member of the FASDExperts diagnostic team, Dr. Natalie Novick Brown, reviewed the documented history of Nathaniel that was compiled prior to his death.

She said that, from the Russian orphanage records to the diagnosis made by the Institute of Children and Families in Lancaster in July 2008, a conclusive finding of fetal alcohol problems could be established.

Other organizations — including the Children’sHospital of Philadelphia, WellSpan and Pennsylvania Counseling Services — also diagnosed the youngster with reactive detachment disorder, post-traumatic stress and institutional autism, she said.

Brown said other witnesses’ testimony that Nathaniel seemed physically fearless actually was his own unawareness of his risk taking.

She said some of the findings that led her to diagnose FASD were Nathaniel’s limited ability to think abstractly; regulate his own behavior; retain focus on tasks at hand; learn from experience; and remember anything he saw or heard in the “recent, immediate and long term.”

She said a small number of children with FASD do engage in self-injurious behavior.

One of the documents she reviewed stated Nathaniel regularly engaged in what she called “clunking,” banging his arms and head on hard surfaces. ”

Catholic Charities’ Testimony

York Daily Record reports “Two staff members of Catholic Charities Intensive Family Services testified the Cravers were reluctant to comply with court-ordered, in-house parental skills coaching.

They both said Michael Craver often became angry at their presence. ”

Expert: 7-year-old Nathaniel Craver had fetal alcohol syndrome
[The York Dispatch 9/12/11 by Elizabeth Evans]

Experts: Adopted Russian boy had bevy of physical, psychological problems
[York Daily Record 9/12/11 by Rick Lee]

Update 9: Day Six of Testimony and Part of Day Seven of Testimony. Testimony continues to put Nathaniel’s condition on trial as the defense. So far nothing defending the actions of the parents in the days before his death has been reported.

Day Six

Lauren Miller, Social Worker forof the Institute of Children and Families, testified.

York Daily Record reports “Lauren Miller said her job was to help the Cravers and their children build a relationship through various therapies.

She said Nathaniel showed minimal progress in the nine months he and his parents visited the institute.

During that time period, Nathaniel’s parents reported dangerous behaviors to Miller, including Nathaniel climbing in the washer and dryer and asking his sister to turn them on.”

“Miller said Nathaniel “feigned remorse.” She said she was told he had been stung by a bee and showed no reaction to it.

When talking to the boy about the bee sting, he cried and then quickly stopped.

She said the same thing happened when she spoke to him about jumping off of chairs in the institute’s waiting room.

“He seemed to know, ‘When I’m being talked to, I should cry,'” she said.

Miller also told the jury that Nathaniel knew “how to push his mother’s buttons and bring her to the breaking point.”

She said children with detachment disorders “target the parent who is the primary caregiver,” adding that Nanette Craver was homeschooling the children. ”

The York Dispatch reports “Also testifying Tuesday was Laura Miller, a licensed social worker who worked under Eshleman.

She said it was her opinion Michael and Nanette Craver were on “separate pages” when it came to helping the boy.

Miller testified Michael Craver told her in spring 2008 that his wife felt Nathaniel’s therapy was “worthless,” and Miller said she concluded the parents weren’t working together.

“Nathaniel knew how to push his mother’s buttons … (and) she continued to react,” Miller said. “Most of the problems were occurring between the two of them.”

Michael Craver also confided his marriage was rocky, according to Miller.

“He was starting to think things would go better without her,” she testified.

Miller said she viewed Michael Craver as the nurturing parent who tried to keep the peace, while Nanette Craver was more confrontational and appeared to be the disciplinarian.

Miller said she never saw Nathaniel intentionally injure himself, but said members of her office staff witnessed him run into a wall, as well as jump off chairs in the waiting room.

Stabbed with pencil: Miller testified Nathaniel told her he stabbed himself in the hand with a pencil five times because he didn’t want to practice writing letters of the alphabet.

“He seemed to have no sense of danger,” she said, and didn’t seem to understand the importance of his own physical safety. It’s an opinion other defense witnesses have offered, including medical providers and some of Nathaniel’s old teachers.

“He continued engaging in dangerous behavior on a daily or weekly basis,” Miller said. “Nathaniel clearly … needed to be watched 24-7. … He seemed to be putting himself and others in danger.”

Miller said she told the Cravers they needed to find a psychiatrist for the boy as soon as possible — which they did, according to the defense — and might consider hospitalization for the boy. Miller said she advised the Cravers on several occasions to take their son to a hospital emergency room if he continued to hurt himself. “

Clinical psychologist Lark Eshleman Patterson, founder of the Institute of Children and Families, testified.

The York Dispatch reports that two diagnostic taped interviews were viewed by the jury. “One of the short videos played Tuesday showed Nanette Craver sitting at a table and drawing with Nathaniel. The second video showed Michael Craver reminding his son of a happy memory, also part of a diagnostic exercise. At the time, Nathaniel was about 5-1/2 years old.

Clinical psychologist Lark Eshleman Patterson, founder of the agency and one of its former directors, testified the Cravers and Nathaniel knew they were being videotaped.

In the first tape, Nathaniel and his mother interact verbally while drawing. The exercise called for her to draw something and have her son copy it. They each drew a house with flowers and a tree, and also drew family members.

“How do you like me, Mom?” Nathaniel asked after drawing himself. He also drew his parents holding hands.

“You are my family,” he said to his mother, then asked, “Can I hug you, Mom?” The two then embraced.

The second video showed Michael Craver recalling an outing with Nathaniel in which they fed some fish — and, inadvertently, ducks — and then went fishing. He recalled Nathaniel caught two fish, one of them a big one.

“We had fun that day, didn’t we?” Michael Craver asked.

Nathaniel then hugged his father and said, “Thanks, Dad.”

Nathaniel’s conditions and foster care stint

The York Dispatch reports “As did other expert witnesses, Eshleman testified Nathaniel suffered from fetal alcohol syndrome, reactive attachment disorder and chronic post-traumatic stress disorder and had significant developmental delays.

Institutionalized: He and his sister spent the first 18 months of their lives in the hospital and in an orphanage, and Eshleman discussed how such institutionalization affects brain development, leaving many such children desperately craving love and affection, but being unwilling or unable to accept it because of trust issues.

She said she’s sure Nathaniel engaged in self-harming behavior.

“Nathaniel was a very ill child,” she told jurors. “We were not making a lot of progress with (him).”

Eshleman’s testimony indicated Nathaniel took a turn for the worse after he and his sister were taken from their parents by the county’s Office of Children, Youth and Families, then placed in foster care for two weeks. That happened because of a report of suspected abuse.

Prior to being taken from the Cravers, the twins might have been at the point where they had begun to trust their parents and believe the Cravers would remain their parents “forever,” she said.

Being removed from the home with no explanation could have wiped out that progress, her testimony indicated.

“Imagine what that would do to a child who already believes (he will be abandoned),” Eshleman said. “It’s confirmation (those) fears are correct.”

York Daily Record reports ” “Attachment therapy is a long therapy that deals with core issues, the core of who you are and what you believe of the world,” Eshleman said.

Eshleman, who specializes in child attachment disorders, said those children’s brains are hardwired through neglect and abuse at early ages to convince themselves that adults are not to be trusted and that the world is a dangerous place.

She told the jury she met the Cravers after she was contacted by the head of the international adoption unit of the Children’s Hospital of Philadelphia “and was asked to see this family as soon as possible.”

” Earlier in her testimony, Eshleman told the jury that detached children think, “One parent left me already. . . . I better be careful.”

She called their behavior in foster care “honeymooning.”

“They have to behave and be good and make people like them,” she said. “In the first three years, children learn if they are going to be safe in this world.””

Day Seven (Wednesday September 14)

“A medical expert called by the defense is offering his opinions on Nathaniel’s head injuries.

Briskin said Nathaniel “died because of a sub-dural hematoma. There were other issues but none of those caused or contributed to his death.” He also said there was no evidence of starvation. “Being able to see the ribs in a thin child” is not unusual, he said. Briskin said autopsy photos showed the boy had normal amounts of fat in areas of the body where he would expect to find it. 10:45 a.m.: Dr. Jonathan Briskin, a forensic pathologist and an attorney, told the jury no can can say with any medical authority exactly how Nathaniel’s injuries occurred.

He said there is no medical evidence to support Dr. Wayne Ross’ opinion the boy was abused.

He said the injuries could have been caused by abuse, accident or self-infliction. ”

Cross examination will occur on the afternoon of September 14.

Trial Resumes in Death of Adopted Son

[York Daily Record 9/13/11 by Rick Lee]

[The York Dispatch 9/13/11 by Elizabeth Evans]

[York Daily Record 9/14/11 by Rick Lee]

Update 10: Rest of Day Seven and Day Eight of Testimony. Closing Arguments to be Friday September 16.

Dr. Jonathan Briskin, medical malpractice doctor/lawyer of this firmtestified.

He said “There’s no way to say with medical certainty whether the parents of 7-year-old Nathaniel Craver caused the injury that killed him, whether the boy caused the injury himself, or whether it was simply accidental.”

He “also dismissed the prosecution’s contention that “failure to thrive” was a contributing factor in Nathaniel’s Aug. 25, 2009, death.

“He died because of a subdural hematoma,” which is bleeding in the brain, Briskin told jurors Wednesday morning. “There were other issues, but none of them caused or contributed to (his) death.”

Last week, prosecution witness and coroner “Ross told jurors he also determined “failure to thrive” — he also used the term starvation — was a contributing factor in Nathaniel’s death. The boy suffered from significant anemia, his muscular development was inadequate and his ribs and spine protruded from his skin, according to Ross.

But Briskin said none of those conclusions is correct. Hospital blood tests showed Nathaniel wasn’t anemic, and although medical records show he was always thin and small for his age, he wasn’t malnourished.”

“Binding at issue: Briskin also disagreed with Ross’ conclusion that Nathaniel’s wrists and ankles had been bound. He told jurors he found no evidence to support that contention.

Ross said he found tearing in the muscles around Nathaniel’s shoulders and pelvis, indicating someone yanked or pulled on his extremities. But Briskin told jurors there was no evidence of that, either.

As for Ross’ assertion that he found a “micro-fracture” in another area of Nathaniel’s brain, Briskin said he couldn’t find it.

Using the term micro is “just an attempt to explain something you can’t explain,” Briskin told jurors.

Briskin said he did not find repeated fresh head injuries, just one fatal one. He did find calcification in areas of Nathaniel’s scalp, which he said is consistent with repeated head-banging. ”

Pathologist: No way to tell who caused Nathaniel Craver’s injuries
[The York Dispatch 9/14/11 by Elizabeth Evans]

Day Eight

The jury heard conflicting testimony from prosecution’s and defense’s biomechanic experts as to whether 7-year-old Nathaniel Craver could have caused his own death.
“Dr. Mariusz Ziejewski, from the University of North Dakota, told the jury – after detailed scientific explanations of linear motion, angular acceleration and impact force – he concluded Nathaniel’s subdural hematoma – bleeding on the brain – could have been caused by a simple fall onto a hard surface.

The Cravers told doctors and police Nathaniel had struck his head on a wood-burning stove in the family’s home.

Ziejewski said, “What I determined, from the evidence we have, you cannot possibly rule out an accidental injury,”

He also said he could not rule out “somebody comes with a baseball bat and hits the head.”

Ziejewski said a human head falling from 10 inches onto a hard surface impacts at 5 mph, enough force to fracture a skull and or cause a subdural hematoma.

He said the undetermined variability in his investigation is “individual vulnerability … how robust an individual is” and that Nathaniel’s delayed growth rate was something else to consider.

Called as a rebuttal witness, Dr. Michael Woodhouse, president of BioMx, a biomechanics consulting firm in Virginia, said his calculations determined that Nathaniel’s head injury could only be caused by another person.

He said it was not possible for the boy to generate enough force or speed to intentionally or accidentally cause his own fatal injury.

Woodhouse said it would take at least an 8.5-mph impact to cause the head injury Nathaniel suffered.

He told defense attorney Gerald Lord, “You and he (Ziejewski) are saying that a 41-45 pound child can generate 1,500 pounds of impact force. I don’t think so.

“From a biomechanic aspect, he had to be moving at least 8.5 mph, and that’s pretty fast.”

Richard Hoffman, a lifelong friend of Michael Craver and one of the Craver children’s godparents, said Nathaniel would say to him, “Uncle Rick. Look at me,” and then throw himself on the floor.

He said there was “absolutely” no abuse in the Craver household.

Hoffman said when a police officer called him two weeks before the trial started he refused to tell him anything.

“I said, ‘If the expletive DA had done their job we wouldn’t have two innocent people in jail,'” he said.

Hoffman said he spoke with the family that had taken legal custody of Elizabeth and was told she was beginning to exhibit the same behavioral problems as her brother.

Elizabeth now is in the custody of an aunt.

A second rebuttal witness, Dr. Annie Steinberg said she treats children “with a variety of behaviors that are disruptive… resulting from experiences in early childhood.” She also was instrumental in the creation of the Children’s Hospital of Philadelphia international adoption health unit.

Previous trial testimony said the Cravers were referred to the Institute of Children and Families, where the did seek treatment for their children, by that unit.

Steinberg said, in her 35 years of practice, she has never heard of a child with Reactive Attachment Disorder – a diagnosis given to both Craver children – abusing himself to death.

After the jury was dismissed Thursday, the judge granted a defense request to add the lesser homicide charge of involuntary manslaughter for the jury to consider.

That charge carries a maximum penalty of 3½ to seven years in prison and has a standard sentencing guideline range calling for a minimum sentence of between nine and 16 months.

The Cravers have been in prison without bail since February 2010. If found guilty of the manslaughter charge, they could be released pending sentencing.

The remaining murder charges carry penalties of life without parole for first-degree murder and 20 to 40 years in prison for third-degree murder.

The Cravers also are charged with endangering the welfare of a child and criminal conspiracy on all of the charges.”

Closing arguments Friday in death of adopted Russian son
[The York Daily Record 9/15/11 by Rick Lee]

Update 11: We saw this coming when they added the involuntary manslaughter to the possibilities. The trial ended on Friday and the jury only took 2 hours to convict the Cravers on involuntary manslaughter,two counts of endangering the welfare of a child and three counts of criminal conspiracy. Sentencing is on November 18, 2011 at 2:30 PM but here is the other sick thing: Because this is not a death penalty case and because life imprisonment is not an option with the lower charge of involuntary manslaughter, these scum were allowed to petition for bail. The judge gave them $50,000 bail and they are free tonight. To that, I on those that failed to bring justice for Nathaniel.

The York Dispatch reports “Michael and Nanette Craver caused the death of their 7-year-old adopted son, a jury determined Friday afternoon…They acquitted the Carroll Township couple of first- and third-degree murder. ”

“The standard minimum-sentencing range for involuntary manslaughter is between nine and 16 months in prison, and the Cravers have been incarcerated since Feb. 26, 2010. ”

The defense, of course, will ask for time-served. Of course, they are moaning about being convicted at all. Well, you will get no tears from here. “It was difficult to determine which of the Cravers, or both, actually committed the fatal assault on Nathaniel, Barker said. He said he has “absolutely no doubt whatsoever” the Cravers committed murder.

Barker told jurors, “This case existed in the shadows. The defendants kept it that way.”

Defense attorneys for the Cravers expressed disappointment with the verdicts. All agreed there was reasonable doubt.

“Based on the evidence … I do not think the commonwealth met its burden,” attorney Rick Robinson said. “(Jurors) did their job. I just disagree. … That’s our system, and it’s a great system.”

Attorney Suzanne Smith pointed out it was a two-week trial and a two-hour verdict.

“I don’t know that any of us has had a trial where (the prosecution) didn’t name a perpetrator,” she said

Right out of the Mendendez brothers playbook: “Attorney Clasina Houtman said it will be “incredibly hard” for the Cravers to move on once released from prison.

“Their lives are shattered, as are their children’s,” she said. ” uh..yeah..because of what you did to him!

York Daily Record reports ” Nanette Craver’s face was not visible from the gallery when her verdict was read. From her body language and the shaking of her shoulders, she appeared to be crying.

Michael Craver looked distraught as his wife was convicted. That look remained on his face as his verdict was read.

The convictions allowed attorneys for the Cravers, who have been held without bail for 19 months, to argue for bail. Judge John S. Kennedy agreed, setting bail at $50,000 each. The couple posted bail Friday night and were released.

Later, outside the Judicial Center courtroom, Chief Deputy Prosecutor Tim Barker said, “We are very appreciative of the jury verdict of involuntary manslaughter and endangering through a course of conduct because it means that forever Michael and Nanette Craver will be called the killers of their son Nathaniel and we have vindicated Nathaniel’s memory and shown he didn’t abuse himself to death.”

” The involuntary manslaughter charge carries a maximum penalty of 3½ to seven years in prison and has a standard sentencing guideline range calling for a minimum sentence of between nine and 16 months.

Barker said it would be premature for him to comment on sentencing. He would not say if he would argue for more time for the Cravers. ”

” Earlier Friday, the jury heard closing arguments.

“Common sense tells you he didn’t do it to himself,” Barker told the jury. “Common sense tells you they did it to him. And on Aug. 19, (2009) they did it to him again – repeated blows.

“They murdered their ‘little buddy.”

Barker said the Cravers created a fictional scenario of self-injury to cover their abuse of the boy.

He said their “concerns” the boy was injuring himself were not raised until after they were reported to child services for suspected abuse.

“They are not on trial for being good parents or bad parents,” he said.

He noted that Dr. Annie Steinberg had testified that children with behavioral disorders like Reactive Attachment Disorder need nurturing homes.

But, he said, Steinberg had never heard of a child with RAD dying at his own hand.

Barker voiced amazement that a type of death unheard of in medical literature would happen in “in Dillsburg, in York County.”

“This case existed in the shadows,” he said. “The Cravers kept it in the shadows. Nathaniel died a shadowy death.”

He said Nathaniel’s body revealed the true nature of his death.

“None of us are perfect parents,” Smith said. “And children don’t come with instruction booklets.”

She said because the Cravers were adoptive parents, they had even less information about their own children.

But she reminded the jury of evidence that the children were taken to pediatricians for wellness checks and small, common health issues.

“If you are abusing your children, why are you taking them to the doctor for something minor?” she asked.

Smith recalled the only doctor who said Nathaniel did not have fetal alcohol syndrome was the commonwealth’s pathologist.

And, she said, investigators were in the Craver home three times after Nathaniel’s death.

She said the commonwealth presented no evidence from that because there was nothing to be found.

Robinson argued the commonwealth’s theory that the Cravers abused their son, starved him, and bound him was mere “speculation.”

He said the commonwealth’s expert in biomechanics “took nothing about human nature” into account.

“He took numbers and plugged them into a computer,” he said. “The commonwealth wants you to convict them of first-degree murder based on a computer.”

Robinson reminded the jury that Nanette Craver was telling her co-workers about Nathaniel injuring himself, saying, “It’s getting worse, it’s getting worse.”

He said it was “preposterous” to think that months before the boy’s death she was setting up an alibi.

Robinson said if the Cravers did not love or want their children, they could have left them in foster care after they were removed from the home by child services in 2007.

“Not one witness said they saw Nanette Craver or Michael Craver strike Nathaniel,” Robinson said.

“To be clear, we are not blaming Nathaniel when I say it was his fault. He didn’t have a choice about how he came into this world.”

Times Leader reports “Michael Craver, 47, an engineer and Air Force veteran, and his wife Nanette, 55, were convicted Friday of involuntary manslaughter, child endangerment and conspiracy, but acquitted of murder charges.

The Cravers insist their 7-year-old son ran headlong into an indoor pellet stove the night before they found him unconscious.

“(Self-harm) is a hard concept to grasp if you haven’t lived it, like Mike and Nanette did,” defense lawyer Rick Robinson told jurors Friday.

But prosecutors said the skinny, blond boy’s 41-pound body told a different tale, not one of self-abuse but of chronic abuse and neglect.

“Common sense tells you that he didn’t do this to himself. Common sense tells you that they did this to him, … and they prevented him from getting medical care,” Tim Barker, York County’s chief deputy district attorney, said in his closing arguments.

Prosecutors believe Nathaniel died from repeated blows to the head, but never said which parent allegedly delivered them. For their part, defense lawyers presented something of a joint defense, calling friends and medical experts to testify for both spouses during the nearly two-week trial.

Two Russian TV stations covered Friday’s session, and a vice consul with the Russian embassy was on hand. Russian officials closely watched the verdict, especially after a string of similar cases threatened the intercountry adoptions.”

I refuse to Quote Chuck Johnson’s garbage from this article.

“Nathaniel and his sister, born prematurely, spent their first year in a Russian hospital and another six months in an orphanage.

Nathaniel weighed 3 1/2 pounds at birth, and never moved out of the fifth percentile in weight for boys his age. The prosecution’s forensic pathologist, Dr. Wayne Ross, listed starvation as a factor in his death. But the defense disputed that, arguing that his weight never varied by more than a pound or two.

The two sides also sparred over the degree of medical care the Cravers had sought out. The defense said they took the children to experts at Children’s Hospital in Philadelphia and elsewhere. But Barker said they often quit the therapy programs.

One therapist with a Catholic social services agency described Nanette Craver, who worked part-time at a Kohl’s store, as a harsh mother who punished her son for small misdeeds.

Barker also questioned why the couple, who were home-schooling the twins by the end, hadn’t child-proofed their home in Dillsburg.

They had a hard wooden bedframe in Nathaniel’s bedroom, despite his reported head-banging, and set up his play area by the wood-pellet stove, the prosecutor said.”

“Michael Craver had rushed the unconscious Nathaniel to a hospital before dawn on Aug. 20, 2009. He said the boy had seemed fine, despite the stove incident, when they put him to bed at 7 p.m., but was unresponsive when they checked on him at 4:30 a.m.

One defense expert compared the death to that of actress Natasha Richardson, who didn’t immediately seek care after a ski accident that caused a fatal head injury.

Nathaniel died five days later of a subdural hematoma. His sister was removed from the couple’s home the next day. She is now being raised by a Craver relative.

The twins had been born in the Chelyabinsk region of Russia, according to Russian news reports.”

Jury: Cravers guilty of involuntary manslaughter
[York Daily Record 9/16/11 by Rick Lee]

Jury finds Cravers guilty of involuntary manslaughter

[The York Dispatch 9/16/11 by Elizabeth Evans]

Pa. Parents Guilty in Death of Adopted Boy_
[Times Leader 9/16/11 by MaryClaire Dale]

Update 12: “After it emerged that the boy had Russian citizenship, Russia’s Investigation Committee also filed a criminal charges in the case of Ivan Skorobogatov.

Investigators established that the child had suffered repeated beatings (over 80 bruises and injuries of which 20 left traces on his head) and undernourishment from his adoptive parents.

The Cravers, for their part, insist the boy’s wounds were self-inflicted and claim Nathaniel had been suffering from a psychiatric disorder which caused him to self-harm.

“The Cravers, who have been in detention since February 2010, have now been released on bail of $50,000 per head.

Russian children’s rights ombudsman Pavel Astakhov commented that the American couple merit the death sentence for the torture and killing of the Russian child.

“You got to pay your life for a child’s life,” the ombudsman said, admitting that the decision to release the Cravers on bail had shocked him.

“Such decisions discredit the value of a child’s life,” he said, expressing the hope that they still might get a stiff sentence.

The American penal system is such that the Cravers could spend even less time in prison than even this modest verdict presupposes.”

US couple found guilty of killing adopted Russian boy
[Russia Today 9/17/11]

Update 13: In September 17th edition of the York Daily Record, the journalist covering the trial spliced together many of the quotes of testimony from the trial: The Craver trial: In the participants own words by Rick Lee. Some of them were different from what we have posted, so we will post just the new ones below.

“That day began the countdown to the end of his life. The defendants have used Nathaniel’s background … to cover what was really going on.”” — Chief Deputy Prosecutor Tim Barker in opening statements.

“It’s not going to be a happy day.” — Nanette Craver’s attorney Jerry Lord in opening statements predicting the jury will have to acquit.

“His head, to me, felt like a wet sponge.” — Christopher Penney, Holy Spirit Hospital emergency room nurse.

“He presented as a young, frail boy. Pale, with a markedly swollen head, barely breathing.” — Dr. Nicholas J.T. Baran, Holy Spirit Hospital emergency room doctor.

“Oh, head to toe.” — Susan Kelly, a York County Children, Youth and Families child abuse investigator when asked if there were any marks on Nathaniel’s body.

“The prognosis was poor… He never regained consciousness.” — Dr. Mark Iantosca, Hershey Medical Center neurosurgeon who operated on Nathaniel.

“I turned to the officer (witnessing the autopsy) and said, ‘This case needs to be pursued from the aspect of abuse by another person.'” — Ross.

“No, I would have reported it and confronted them.” — Dr. Andrew Bloschichak, a family physician and Nanette Craver’s brother-in-law, on whether he suspected child abuse.

“He was a healthy-looking boy playing with this sister.” — Dr. Tapash Sengupta, the first pediatrician the Cravers took Nathaniel Elizabeth to after their adoption.

“She pushed Nathaniel away and kind of blew a kiss over Elizabeth’s head.” — Sandra Adkins, Michael Craver’s aunt, recalling the children asking their mother for kisses as she left for work.

“I guess we weren’t supposed to ask.” — Sandra Craver, Michael Craver’s mother, describing his response when she inquired about Nathaniel’s swollen head months before his death.

“I didn’t know what to think. He looked like a little monster.” — Robert Craver, Michael Craver’s father, recalling seeing Nathaniel months before his death.

“I had a concern when I talked with her… that she had twins, typically active 3-year-olds… she seemed surprised ay how busy their life was.” — Susan Root, a teacher at Rainbow Hill Pre school, commenting on Nanette Craver.

“If an adult did this, you would expect a serious intracranial injury long before he did.” — Dr. Jonathan Briskin, a forensic pathologist, giving his opinion why the Cravers did not inflict the serious head injury on the 7-year-old.

“She expressed to me that she wished she could find somebody to help him.” — Lisa Juliana, a co-worker of Nanette Craver’s.

“We heard this bad banging sound. Nathaniel was holding onto the headboard and banging his head. She removed his hands and said, ‘No, we don’t do that.” — Ruth Hoffman, who said she witnessed Nathaniel’s behavior.

“Not one witness said they saw Nanette Craver or Michael Craver strike Nathaniel. To be clear, we are not blaming Nathaniel when I say it was his fault. He didn’t have a choice about how he came into this world.” — Nanette Craver’s attorney Rick Robinson in closing in closing arguments.

“If they had a real suspicion they were abusing those kids, what would you have done as a grandparent? An aunt? You would have taken those kids.” — Robinson.

“None of us are perfect parents. And children don’t come with instruction booklets.” — Michael Craver’s attorney Suzanne Smith in closing arguments.

“This is good parenting.” — Smith while informing the jury of Nathaniel’s medical and mental health doctor visits.

“They are not on trial for being good parents or bad parents.” — Barker in closing arguments.

“Nathaniel always came to school very neat… new clothes.” — Elaine Fisher, a teacher at Rainbow Hill Preschool.

“RAD. It’s the home run. RAD made him do it.” — Barker discounting the Cravers’ defense.

“The clips… show how sweet and innocent a child he was. Who reached out for a hug first? His ‘little buddy.'” — Barker commenting on videos shown in court.

“Common sense tells you he didn’t do it to himself. Common sense tells you they did it to him. And on Aug. 19, (2009) they did it to him again – repeated blows. They murdered their ‘little buddy.'” — Barker. “

Update 14: Sentence: Time served.They may regain custody of Nathaniel’s twin!“The former Carroll Township couple convicted of involuntary manslaughter in the death of their Russian-born adopted son walked out of the York County Judicial Center Friday morning after a judge gave them time-served sentences.

Michael Craver, 47, and Nanette Craver, 56, each spent 567 days in county prison awaiting trial. They are now living with friends in Jim Thorpe, Carbon County, having been released on bail after being acquitted of murder. ”

“At the couple’s sentencing hearing Friday, Common Pleas Judge John S. Kennedy concurred with the jury’s decision.

‘Reasonable doubt’: “It was an appropriate and just verdict,” he said. “The physical evidence … did not establish there was intentional infliction of injuries on Nathaniel. … Certainly there was reasonable doubt presented.”

That includes testimony from medical professionals who treated Nathaniel for a number of issues, including apparent self-injury.

Kennedy sentenced each of the defendants to 16 months to four years in prison and ordered them to be time-served sentences because the Cravers have already served their minimum sentences.

He also ordered the Cravers spend five years on probation, to run concurrently with the prison sentence. Since they’ve been given credit for time served, the Cravers will spend about 3-1/2 years on probation, which is being transferred to Carbon County. ”

“Custody issue: Barker said although the Cravers signed over temporary custody of their daughter prior to trial, proceedings are under way to determine if their parental rights should be permanently terminated.

Clasina Houtman, who represented Michael Craver jointly with attorneys Suzanne Smith and Ron Jackson Jr., told the judge Michael Craver is “an all-around nice guy” who was loving with his children and who is grieving Nathaniel’s death.

“He’s been trying to rebuild his life,” she said.

Both Cravers have sought counseling since their release from prison, according to attorney Rick Robinson, who along with attorney Gerald Lord represented Nanette Craver.

Sentences ‘fair’: Robinson, Smith and Houtman all agreed the sentences handed down are fair.

“(Kennedy) indicated there really wasn’t any testimony they’d done anything to Nathaniel,” Smith said. “That’s basically what we’ve said all along.”

The Cravers declined comment.

Barker expressed dissatisfaction with the sentences handed down by the judge, and doesn’t agree with statements Kennedy made about the evidence.

“But reasonable minds can disagree,” Barker said.

He said there were no eyewitnesses to the alleged abuse of Nathaniel because child abuse “occurs in the shadows.”

Cravers sentenced to 16 months to 4 years in prison for adopted son’s death
[The York Dispatch 11/18/11 by Elizabeth Evans]

REFORM Puzzle Piece