State Proved Pattern of Child Abuse First Degree Murder.

State v. Johnson, Minn.S.Ct., 10/08/2009.  A bench trial resulted in the conviction of  Mr. Johnson of first degree murder while committing child abuse, first degree murder while committing domestic abuse, and second degree intentional murder – all for the death of Mr. Johnson’s infant child, Jonah.  In the six weeks of his life, several of little Jonah’s ribs were broken when Mr. Johnson sat on him;  Mr. Johnson routinely squeezed Jonah hard enough to cause him to cry and to be uncomfortable, done usually when Jonah resisted taking his bottle.  Mr. Johnson ultimately caused Jonah’s death by throwing him around when Mr. Johnson noticed that Jonah’s breathing was deep and labored.

The trial court concluded that the numerous squeezing incidents combined with the sitting incident established a pattern both of child abuse and domestic abuse.  The statutory definitions of these two offenses are mostly the same, defining first degree murder as:

an act that causes the death of a human being while committing domestic abuse or child abuse “when the perpetrator has engaged in a past pattern” of domestic abuse or child abuse “and the death occurs under circumstances manifesting an extreme indifference to human life.”

The state must prove that a defendant has engaged in a pattern of conduct beyond a reasonable doubt; to prove that pattern the state must provide at least a minimum number of underlying acts beyond a reasonable doubt.  The squeezing incidents constituted fifth degree assault, primarily because Mr. Johnson admitted that he performed the squeezing even though he knew it would not persuade Jonah to take the bottle; “[I] did it anyway,” he told police.  The sitting incident, which apparently resulted in the broken ribs, also constituted fifth degree assault.  These events also constituted malicious punishment of a child.  These events satisfy the requirement of a “pattern,” as this was, as the trial court found, Mr. Johnson’s “regular way of acting” towards Jonah was abuse.

Finally, the appellate court vacated Mr. Johnson’s convictions of first degree domestic abuse murder and second degree intentional murder.