Yurko freed from life sentence in son's death

http://www.orlandosentinel.com/news/...home-headlines

Dad freed from life sentence in son's death


Alan Yurko, convicted of fatally shaking his baby, wins his release.

By Anthony Colarossi and Pamela J. Johnson
Sentinel Staff Writers

August 28, 2004

Alan Yurko, sentenced to life in 1999 for shaking his baby son to death, is
a
free man today after a judge ruled a botched autopsy and other new evidence
warranted a new trial.

Soon after Circuit Judge C. Alan Lawson's ruling Friday, Yurko reached a
deal
with prosecutors: He pleaded no contest to manslaughter and was sentenced to
the time already served -- six years and 125 days.

Hours later, he was later released from the Orange County Jail into the arms
of his wife and to the cheers of about 25 supporters, who have long
maintained
his innocence.

A broadly smiling Yurko emerged through the jail's glass doors shortly after
8 p.m. with a large white trash bag filled with legal papers and letters
slung
over one shoulder.

"God, I just want to go home," Yurko said. "I haven't really believed this
is
real until now."

He immediately thanked those who fought for his release.

"I can't begin to describe what the last seven years have been like," he
said. "Right now, I'm focused on the amazing love around me. I couldn't have
done
this -- I didn't do this. It was all these people and thousands of other
people."

In court earlier Friday, Yurko, 34, acknowledged some role in the November
1997 death of 10-week-old Alan Ream-Yurko.

"I do admit to an amount of culpable negligence in my son's death," said
Yurko, explaining that he allowed the child to receive a series of
vaccinations
when he knew he was sick.

Yurko said outside the jail that he pleaded no contest because otherwise he
would have had to spend two to three more years in prison awaiting the
outcome
of a new trial.

"I didn't shake my son. I didn't hurt him. I didn't abuse him," he said.
"But
I was negligent. He was premature, and I should have done research about
vaccinations on the Web. I trusted the doctors. I assumed doctors knew what
was
good for my kid. This is about parents taking an active role in their
children's
welfare."

The Yurko case had gained international attention from many who thought the
child's injuries were the result of poor health, vaccinations and medical
mistakes -- not shaken-baby syndrome.

But the thrust of Lawson's ruling dealt with a deeply flawed autopsy
conducted by former Orange-Osceola Medical Examiner Shashi Gore.

The report determined the baby was shaken to death, but the report had so
many problems that the state Medical Examiner's Commission earlier this year
barred Gore from performing autopsies after reviewing the Yurko case.

"I also find that the credible cause and manner of death cannot be gleaned
from Mr. Gore's autopsy because of the very serious deficiencies that were
found
by the medical board and brought to light in this hearing and of course in
other places," Lawson said in his ruling.

"Because of that I think it does cast doubt on the entire trial," Lawson
continued. "I don't know how you can maintain public trust in a system of
justice
if you let stand a conviction obtained through reliance on an autopsy that
is
later so thoroughly discredited."

With what is known now about the autopsy, Lawson said jurors could have
reached a different verdict after a second trial.

Gore's autopsy included a description of the baby's inner heart muscle, but
Gore never examined the heart because it had already been removed for a
transplant.

But evidence presented by Yurko's defense team questioning the baby's
vaccinations, which were given nearly two weeks before he was hospitalized,
was not a
factor in the judge's decision.

"I also find that there is no reliable medical evidence that links the death
directly to a vaccine," Lawson said.

Yurko's wife, Francine, wept after witnessing the plea and expressed the
mixed emotions of having her husband back, but without a complete
exoneration.

"By him taking a plea, he gets to come home," Francine Yurko said through
tears. "But we're still victims of the system. We've still spent seven years
of
our lives to prove his innocence and restore the name of our family. And a
plea
.. . . regardless of no contest, that's not a victory to me.

"We know he's innocent, and . . . that's all that really matters," she said.

Assistant State Attorney Robin Wilkinson said the prosecution still came
away
from the hearing with a conviction.

"For, I believe a week, we've heard that this child died of a vaccine
reaction," Wilkinson said. "In the judge's ruling in court, he found that
there was
not credible evidence, that it's not been accepted by medical science, which
leads to one explanation left . . . this child was shaken to death."

After reviewing the evidence, Wilkinson said she and fellow prosecutor Chris
Lerner decided not to proceed with another trial and "end it now."

"That is not that we don't believe that Alan Yurko killed his child," she
said. "We would have to put Dr. Gore back on the witness stand, and there's
an
issue as to errors that he made. . . . What this is, is it's a compromise
between both sides."

Gore's career has been marred by several controversies since the late 1990s.

Most recently, Gore's ruling of an accidental overdose in the 1998 death of
Jennifer Kairis, a student at Rollins College, was challenged by three
current
or former associate medical examiners who say it was a homicide.

Last fall, John Creamer, who was charged with murder in his wife's death and
held without bail for 10 months, was released when Gore told the court he
could not support his autopsy findings that the woman had been poisoned with
cadmium.

Gore, who retired in late June, could not be reached for comment Friday, as
he is traveling in Europe.

Friday night, Yurko said he would spend time with his wife and supporters,
and then celebrate his stepdaughter's 11th birthday at home.

"I've been eating bologna sandwiches five days a week," he said. "I'm
looking
forward to some really greasy, nasty french fries."

Anthony Colarossi can be reached at or
407-420-6218. Pamela J. Johnson can be reached at pjohnson@orlandosentinel
or
407-420-5171.


[Non-text portions of this message have been removed]

"john" wrote in message
...


http://www.orlandosentinel.com/news/...home-headlines

Dad freed from life sentence in son's death


Alan Yurko, convicted of fatally shaking his baby, wins his release.

(Copyrighted material illegally copied deleted)

Please note, this killer will have a new trial. The judge freed him until
then.

Jeff

"Jeff" wrote in message
...

"john" wrote in message
...



http://www.orlandosentinel.com/news/...home-headlines

Dad freed from life sentence in son's death


Alan Yurko, convicted of fatally shaking his baby, wins his release.

(Copyrighted material illegally copied deleted)

Please note, this killer will have a new trial. The judge freed him until
then.

Jeff

The judge it seems does not see it like you do. Perhaps the judge will find
that doctors and drugs did it.

"sty" wrote in message
ink.net...

"Jeff" wrote in message
...

"john" wrote in message
...




http://www.orlandosentinel.com/news/...home-headlines

Dad freed from life sentence in son's death


Alan Yurko, convicted of fatally shaking his baby, wins his release.

(Copyrighted material illegally copied deleted)

Please note, this killer will have a new trial. The judge freed him
until
then.

Jeff

The judge it seems does not see it like you do. Perhaps the judge will
find
that doctors and drugs did it.

Actually, the judge ruled that there were problems with the evidence and
that this jerk should get a new trial.

The judge won't find that doctors and drugs did it. They are not on trial.
Only Yurko.

Jeff

If interested, have replied to this post in Misc.Health.Alternative under same
heading for an individual's view of a possible cause for Mr. Yurko's son's
death.

Gail Michael

"Jeff" wrote in message
...

"sty" wrote in message
ink.net...

"Jeff" wrote in message
...

"john" wrote in message
...





http://www.orlandosentinel.com/news/...home-headlines

Dad freed from life sentence in son's death


Alan Yurko, convicted of fatally shaking his baby, wins his release.

(Copyrighted material illegally copied deleted)

Please note, this killer will have a new trial. The judge freed him
until
then.

Jeff

The judge it seems does not see it like you do. Perhaps the judge will
find
that doctors and drugs did it.

Actually, the judge ruled that there were problems with the evidence and
that this jerk should get a new trial.

The judge won't find that doctors and drugs did it. They are not on trial.
Only Yurko.

Jeff


So you truly hope.........

"Jeff" wrote in message
...

Actually, the judge ruled that there were problems with the evidence...

No kidding...

Quote: Gore's autopsy included a description of the baby's inner heart
muscle, but
Gore never examined the heart because it had already been removed for a
transplant.

On Sat, 28 Aug 2004 07:57:11 -0400, "Jeff"
wrote:

"john" wrote in message
...

Alan Yurko, convicted of fatally shaking his baby, wins his release.

Please note, this killer will have a new trial. The judge freed him until
then.

Wrong. Read the article again. It's over. The murderer is free,
because the prosecution screwed up. And that is how it should be in
our justice system: Err on the side of setting the guilty free in
order to avoid convicting the innocent. Next time, they'll try harder,
I hope.

PF

"PF Riley" wrote in message
...
On Sat, 28 Aug 2004 07:57:11 -0400, "Jeff"
wrote:

"john" wrote in message
...

Alan Yurko, convicted of fatally shaking his baby, wins his release.

Please note, this killer will have a new trial. The judge freed him
until
then.

Wrong. Read the article again. It's over. The murderer is free,
because the prosecution screwed up.

You're correct. Instead of staying in jail and getting a new trial, he
accepted a plea, meaning he is still a convict.

Sorry, I misread it.

Thanks for pointing that out.

And that is how it should be in
our justice system: Err on the side of setting the guilty free in
order to avoid convicting the innocent. Next time, they'll try harder,
I hope.

He still was convicted. That was part of the plea bargin.

Unfortunately, the plea bargin system is about closing cases, not finding
the truth. His conviction in this case is about Yurko not wanting to spead
2 or 3 years in jail until the next trial and the prosecution prepared a
poor case (or at least a case with major hole in it), and they were willing
to let him go with time served. It doesn't mean that Yurko did what he was
accused of nor does it mean he didn't. Unfortunatley, truth often takes a
holiday during legal cases.

I disagree that this is the way it is supposed to be. If new evidence came
up that showed conclusively that Yurrko did not kill this kid, his
conviction would stand. And, despite the fact that autopsy was useless, he
won't be able to vote in many jurisdictions, because of the conviction.

I disagree that this is the way the system should be.

Jeff

Jeff
PF

"PF Riley" wrote in message
...
Wrong. Read the article again. It's over. The murderer is free,
because the prosecution screwed up. And that is how it should be in
our justice system: Err on the side of setting the guilty free in
order to avoid convicting the innocent. Next time, they'll try harder,
I hope.


Real killer--vaccines--escape as usual.