The state set a lofty goal for itself, charging Beverly Latimer with capital murder in the death of Christian Nieto, a 16-month old child who died on September 4, 2006.  To return a verdict of capital murder, which in this case was an automatic life sentence, the jury found that Ms. Latimer intended or planned to cause the death of the foster child in her care, or “acted knowing that the conduct was reasonably certain to cause that result.”  District Attorney R. Lowell Thompson, in his closing arguments, conceded that the state’s case was based on mostly circumstantial evidence. “We gladly accept that burden, and have proved the elements of the case,” he said, ‘that on or about September 4, (Latimer) intended or knowingly caused death by blunt force trauma in a manner or means unknown.” 

“Manner and means unknown” was the crux of the defense’s position, when the prosecution provided no evidence, tests or testimony explaining exactly how the child received the fatal injury.  “Why would she kill him if she could pick up the phone (to the foster agency) and have him gone,” defense attorney Rob Dunn said to the jury. 

Quinton testified that he had found a subdural hemotoma and a shearing of the axons in a deep center portion of the brain, which he concluded resulted from a severe blow to the head the day Christian died.

The defense brought in an alternating explanation with testimony from Dr. John Plunkett, a pathologist who has published studies on trauma resulting from short-distance falls.  Plunkett examined Quinton’s findings and conducted an additional iron stain on slides of brain tissue.  According to Plunkett, the iron stains showed that the dura, or protective lining of the skull, had started healing from a trauma, and from the amount of healing that had occurred the blow had to have been received three to ten days before Christian’s death.  He also indicated that Christian’s death was ultimately from swelling of the brain over a period of days, during which time, the child could have “lucid intervals” and behave normally.  “The objective evidence of injury that Christian has to his brain shows (the trauma) occurred three days prior,” Plunkett said. 

However, Dr. Jayme Coffman, the head of an outpatient clinic in Cook’s Children Hospital, specializing in child abuse cases, disputed Plunkett’s conclusions that Christian could have behaved normally after receiving a severe enough blow to the head to cause his death.  “Children with that severe of head trauma don’t eat normally, don’t act normally,” Dr. Coffman said.  “They have symptoms.” 

According to earlier testimony by the first responders called to the Latimer house on September 4^th, Mrs. Latimer had told paramedics and investigators that Christian had eaten a good breakfast

 with juice, had played and crawled in and out of his playpen several times. 

“Whenever he was normal, he did not have an injury that killed him,” Coffman said.  “If you look at the whole picture, you’ve got inflicted trauma (the day Christian died.)”

According to testimony offered during the trial, Beverly Latimer had accepted two brothers, Logan and Christian Nieto, into her foster home on August 30.  She had several other foster children in her care at the time.  The brothers had been in the care of a foster family in Dallas until May of 2006, and were in transition to other placement.  During the five days in the Latimer household, several witnesses testified about various times that Christian had bumped his head, during church on a pew, at a birthday party, and while playing near a bed.  Prior to being given to Latimer, he was treated at hospital emergency room in Dallas for an “abrasion” to the back of his head. 

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