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01-0023 State v. Hirsch

By: dmc-admin//November 26, 2001//

01-0023 State v. Hirsch

By: dmc-admin//November 26, 2001//

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“Hirsch offers no evidence of misadventure that could account for the trauma sustained by Laurie. The jury heard testimony from other witnesses and heard tapes of Hirsch himself, which demonstrated that he gave conflicting explanations for the cause of Laurie’s injury: …

“In conflict with Hirsch’s taped statement that Laurie did not have any injuries that he knew of, the State presented persuasive medical evidence that Laurie died as a result of severe injury. First, the initial autopsy report by Dr. Jaeck, the pathologist who examined the body immediately after Laurie’s death, stated that he believed the ‘injury’ was less than twelve hours old and resulted from either a blow or a fall. Doctor Jaeck concluded that Laurie suffered a head trauma ‘severe enough to have caused death.’ …”

Both Dr. Lazoritz and Dr. Huntington agreed that the trauma required to cause an injury of the nature sustained by Laurie would have had to come from a magnitude of force such as a fall from a second or third story. Doctor Lazoritz added that this is the type of injury he sees in a high velocity car accident or in a case of child abuse.

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Sheboygan County, Murphy, J., Anderson, J.

Attorneys:

For Appellant: Paul G. LaZotte, Madison

For Respondent: David J. Becker, Madison; Robert J. Wells Jr., Sheboygan

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