Mary Ann Murphy: Still work to be done in case of baby Caiden James Henry?

Caiden James Henry was the 10-month-old African American baby beaten to death by his white babysitter, Joshua Mobley, on Feb. 26, 2017.

Questions remain about how this case was handled in our criminal justice system., not the least of which is the 2 1/2 years from arrest to sentencing.

After Mobley was arrested, why was he allowed to return to his family, to travel to Jurassic Quest, to California and Oregon, to apply to travel to Wenatchee for “Christmas festivities,” and to father another child when he was accused of this heinous crime? Part of the answer is the brilliance of his defense team, Carl Oreskovich and Andrew Wagley. But another part of the answer is that Prosecutor Larry Haskell’s office and the judiciary (Judge John Cooney and Judge Annette Plese) signed orders to let this child-killer enjoy his mobility. Further, the prosecutor’s victim-witness unit failed to notify Caiden’s mother to be present for these decisions. That is, until November 2017, when private counsel Dennis Cronin offered to represent her (as is her Washington state constitutional right) pro bono (because that’s who Dennis is).

Finally, this case was assigned to Judge Julie McKay and the prosecutor’s office assigned experienced prosecutors, Stefanie Collins and Shane Smith, who presented a strong case. Judge McKay refused the travel and made thoughtful judgments on a barrage of motions from both prosecution and defense. The attentive jury convicted him of second-degree murder with aggravating circumstances and the judge imposed a sentence at the high end of the sentencing range (220 months) plus 116 months exceptional sentence.

With other members from the Courtwatch project of Spokane Community Against Racism (SCAR) , I observed the pretrial hearings and trial. Our group is interested in observing proceedings when race or racial bias may have been a factor.

The jury should be commended, as this material was extremely difficult to listen to, especially the autopsy findings. I had participated for over 10 years in monthly meetings of the Child Death Review Committee, where we examined every child death suspicious for abuse and neglect. With that experience, I thought I was prepared to compartmentalize in my brain much of the pathologists’ findings. But the realization of Joshua Mobley’s criminal indifference and his use of overwhelming force gave rise to images I’ll not soon – or ever – forget.

Even more difficult is to come to some understanding of why an adult would rain dozens of blows on a vulnerable, defenseless baby. Mobley came from an extended family that is very supportive. He and his wife seem to be caring parents of their own children. So, how was Baby Caiden so much “the other” in the eyes of his murderer? Did race have an influence on his ability to treat this baby as “not fully human”? In our culture, do all of us in the majority race carry inside us some bias about skin color? Are we strong enough to face the fact that this may indeed be true and influencing us more than we care to admit? How can we not be affected by our history? It weighs so heavily. I believe it is incumbent on us to face the truth if ever we are to reconcile and change our assumptions.

What else can we do?

1. Finally and at last, implement the recommendations of the Blueprint for Reform and insist on in-depth implicit bias/white privilege/undoing racism training at least yearly for every level of the criminal justice system to include the judiciary, prosecutors, victim-witness advocates, law enforcement and child welfare. Importantly, make public strong performance measures on the outcomes of these trainings. Many other communities have done so and Spokane’s statistics on disproportionate racial outcomes definitely need work.

2. Find a way to fund child care 24 hours, sick child care, strong training for child care workers and access for low income parents and children.

3. Provide in-home nursing at least to first-time parents during pregnancy and the first two years of life (The Nurse Family Partnership evidence-based model.)

We actually know exactly what to do. What we have lacked is the political will to do so. Imagine doing the right thing. Imagine the beautiful Baby Caiden leaving a legacy that teaches us to act so that such a fearsome tragedy never happens again.