Videotape challenged in child abuse case

Of course he says he didnt do it now. The child fell, or thedoctors did it
to him, or whatever the excuse of the moment is. My favorite is that they
fell down a flight of stairs. Doctors hear that one all the time, and its
like shooting a flare into the air. It gets the notice that the case
deserves, and a harder look from the professionals.

Ron


BY JOE DEJKA

WORLD-HERALD STAFF WRITER


Psychiatrists disagreed Tuesday on whether a man accused of violently
shaking his 5-week-old son was mentally ill when he gave a statement to
police.

The baby's maternal grandmother, Carmen Rose, claims that Ryan Brackett made
incriminating admissions in the statement, which was videotaped March 15 by
Sarpy County sheriff's investigators.

Defense and prosecuting attorneys declined to say what's on the 80-minute
tape.

The psychiatrists testified at a hearing in Sarpy County District Court on a
defense motion to suppress the tape.

If District Judge George Thompson rules that Brackett did not "knowingly,
willingly and intelligently" waive his Miranda rights before talking to
police, the judge could declare the tape inadmissible at trial.

Brackett, 22, is charged with intentional child abuse, first-degree assault
and attempted second-degree murder.

According to the Sarpy County Sheriff's Office, paramedics were called to
Brackett's apartment near 150th Street and Giles Road on March 10 on a
report that a baby wasn't breathing.

The boy, Devin, now nearly 7 months old, is blind, deaf and in a vegetative
state. Devin is in his mother's custody.

Testifying for the defense, psychiatrist Bruce Gutnik said Brackett "fit all
the criteria" for post-traumatic stress disorder. The disorder was caused by
childhood physical abuse, Gutnik said.

Brackett claimed to hallucinate, he said.

Gutnik said that on the day of the interview, Brackett would have had
impaired judgment.

Prosecution witness Terry Davis, a forensic psychiatrist, testified that he
found no evidence of post-traumatic stress disorder.

He said Brackett was most likely pretending to have symptoms because he
faces criminal charges. Even if he were suffering psychotic symptoms,
Brackett could still have knowingly waived his rights, Davis said.

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