FRANKLIN, Pa. (EYT) – Aggravated assault, child endangerment, and related charges against a Franklin woman were held for court on Thursday stemming from a case in which multiple physical injuries to her three-week-old child were reportedly discovered at a Pittsburgh area hospital. Charges against the child’s father were dropped.
(Photo: Emily Layman (left) walks out of court on Thursday, July 28, with her husband, Cain Layman (right). Captured by Jacob Deemer/EYT.)
The following charges were ordered held for court against 22-year-old Emily Allyssa Layman during a preliminary hearing in front of District Judge Matthew T. Kirtland on Thursday, July 28:
– 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The same counts were filed against 22-year-old Cain Christopher Layman; however, all charges against him were withdrawn during the preliminary hearing on Thursday.
Testimony centered on two witnesses brought forward by Assistant District Attorney Justin Fleeger, who is prosecuting the case on behalf of District Attorney Shawn White.
The first witness, Dr. Matthew Valente, MD, gave expert testimony on the medical findings regarding the possible abuse of the three-week-old child. Dr. Valente, a pediatric doctor at UPMC Children’s Hospital of Pittsburgh and member of the National Children’s Advocacy Center, described how the injuries were found on the child through multiple X-rays and MRIs. Dr. Valente told the court of his lengthy history involving suspected child abuse cases and related that the injuries found on Layman’s child were “diagnostic of physical abuse” beyond a reasonable degree of certainty.
The defense challenged Dr. Valente on many topics, including his lack of knowledge concerning blood disorders that the parents and other expert witnesses claim the child has.
The second witness brought forth by the prosecution was Charles Albaugh, Venango County Children & Youth Services case worker. Albaugh testified of his dealings with both Emily Layman and Cain Layman in the early stages of the investigation. Albaugh’s report of suspected child abuse (CYS 104 Form) was entered as evidence by the prosecution, and his testimony revolved around that report.
Following the hearing, Emily Layman told exploreVenango.com, “I think honestly they’re grasping at straws at this point.
“(The prosecution) has no solid evidence to hold onto. They dropped the charges against (Cain Layman) because they don’t have anything on him, but they’re holding onto stereotypical things.”
Calls to ADA Fleeger were not immediately returned.
Details of the case:
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).
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.
Read the full story here.
This story will be updated.
