VENANGO CO., Pa. (EYT) – After three continuances, a preliminary hearing will be held on Tuesday morning for a Franklin couple facing aggravated assault, child endangerment, and related charges after multiple physical injuries to their three-week-old child were reportedly discovered at a Pittsburgh area hospital.
The preliminary hearing for 22-year-old Cain Christopher Layman and 22-year-old Emily Allyssa Layman is scheduled for Thursday, July 28, at 8:30 a.m. in Venango County Central Court.
They each face the following charges:
– Endangering Welfare of Children – Parent/Guardian/Other Commits Offense, Felony 1 (two counts)
– Aggravated Assault – Victim Less Than 6 and Defendant 18 or older, Felony 2 (two counts)
– Simple Assault, Misdemeanor 1 (two counts)
– Recklessly Endangering Another Person, Misdemeanor 2 (two counts)
The preliminary hearing has been continued three times: on May 18, June 3 (requested by the prosecution), and June 21 (requested by the defendants).
The Laymans requested a continuance on June 21 so they could transition to a new attorney, Mark D. Freeman, Esq. Freeman–licensed to practice law in Pennsylvania and New Jersey–is a private attorney who represents parents and caretakers in family and criminal court who have been falsely accused of child abuse.
“We found (an attorney) who works alongside physicians and researchers and has worked on several cases similar to ours and won almost every case he’s worked on,” Emily Layman explained.
The other two continuances came at the request of the Venango County District Attorney’s Office.
The charges stem from an investigation initiated by the Franklin Police Department on November 23, 2021, following a report of suspected child abuse (CYS 104 Form).
Details of the case:
According to a criminal complaint filed on May 4, 2022, in Magisterial District Judge Matthew T. Kirtland’s office, the City of Franklin Police Department received a CYS 104 Form on November 23, 2021, regarding a three-week-old child who was at a Pittsburgh hospital with numerous physical injuries that were suspicious in nature.
According to the complaint, the three-week-old child was presented to a Pittsburgh hospital on November 22, 2021, due to vomiting blood. The child was found to allegedly have bruises on the shins and upper back. The affiant–a detective of Franklin Police Department–noted these injuries are concerning for physical abuse due to patterned-injury bruises in a non-mobile child. It was noted that the injuries allegedly caused substantial pain.
The following conditions were allegedly stated: male extreme fussiness since birth; fussy and vomiting at baseline; fussier and vomiting blood since Saturday, November 20, 2021 (two days). The exam listed the patient as “well…except bruising.” The preliminary read from the x-ray listed possible right rib fracture (healing) and left metaphyseal femur fracture–pending final read and medical workup. Per the parents, the patient was born with bruises. Per the parents, their primary care physician had previously examined the patient for bruises. The bruises on the patient’s back, per the parents, the child’s brother may have thrown a toy, and it hit the child, according to the complaint.
Two expert witnesses have submitted letters on behalf of the Laymans, disputing the abuse claims.
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