Trial begins for man accused in infant death

A jury trial in the case of a local man facing charges of felony murder and child abuse began Monday with jury selection and testimony from two witnesses.

Most of the day was taken up by the jury selection process as attorneys in the case of Anthony M. Anderson whittled a jury pool down to the 13 needed for the case. The jury consists of 12 jurors - six men and six women - and one female alternate.

The proceeding concluded for the day with testimony from two law enforcement officers.

Anderson pleaded not guilty in October to charges of first-degree felony murder and child abuse which he faces for his alleged involvement in the April 2015 death of a 6-month-old boy, Aiden J. Osborn. Anderson was present for Monday's proceedings with his attorney, Robert Myers, a Columbus lawyer.

Prosecutor Adam Zentner representing the Kansas Attorney General's Office was also present. Bourbon County Attorney Justin Meeks is assisting Zentner in the prosecution. Bourbon County District Judge Mark Ward is presiding over the case. Five days have been set aside for the trial

During opening statements, Zentner told the jury they would be hearing testimony throughout the trial from law enforcement officers who investigated the case, as well as doctors who cared for the child after the alleged incident occurred at a residence in the 300 block of South Broadway Street.

Zentner showed X-ray images taken of the infant's head, which he said showed "excessive brain hemorrhage," according to doctors. Another image showed that of the infant's leg, in which ligaments were torn, which Zentner said could only have been done with "extreme force."

Another X-ray of the child's ear showed bruising on the ear lobe, which Zentner said that according to doctors, is "only seen in cases of child abuse."

Zentner told the jury that the defendant's account to law enforcement, in which Anderson told police he had laid the baby on the couch in the living room to take a nap while Anderson went to clean the bathroom, does not match up with the physical evidence. According to Anderson's account to police, the baby had fallen off the couch and Anderson "heard the baby fall" and then found the infant unresponsive on the floor.

Zentner said the injuries could not have occurred by falling a short distance off a couch. Zentner said the jury will see that doctors reached a conclusion that there was evidence of child abuse in the case.

"It contradicts the physical evidence," he said. "There is no way this was an accidental injury."

Zentner also said that before the 911 call was made, the infant was in the exclusive care of Anderson and the baby's mother and Anderson's girlfriend at the time, Keira Lamb, had gone to work and left Anderson alone with the child.

Myers countered Zentner's remarks during his own opening statements.

"If it's that simple, what are we doing now?" Myers asked jurors.

Myers said the state will bring forth evidence and witness testimony "from not a single person who was there."

"The question is for you to decide what happened," he said. "The state will try to construct a believable story. What actually happened?"

Myers said the alleged incident led to three "tragedies," the first two being injuries to the infant and the infant's death two days later on April 28, and the third the defendant being charged for the alleged crimes.

Fort Scott Police Department Det. Jason Eastwood testified he was contacted on April 27, 2015 to assist in an investigation of the incident. He and another police officer, Det. Jason Pickert, later visited the Broadway residence where the defendant lived with his parents to conduct a video walkthrough of the house and to photograph the couch where Anderson said he laid the baby down. Anderson was present and agreed to the walkthrough, and also provided a statement to police.

The couch was brought into the courtroom and entered as evidence in the case. Eastwood confirmed it was the couch from the house where the alleged crimes took place.

The police officers measured the height and width of the couch, as well as the distance from the top of the couch to the floor. The distance was 16.5 inches, Eastwood testified.

Eastwood said his other duty for the investigation was to collect reports from responding agencies. Eastwood said when he observed Anderson, the defendant appeared to be "distraught," and at times needed to "collect his emotions." Eastwood testified that Anderson requested help from a neighbor at a residence where the 911 call was made.

Eastwood also testified he interviewed Lamb, who was at work at the time the alleged incident took place. Eastwood said police later confirmed this to be true and Lamb was contacted about the incident. Eastwood testified he also interviewed a former roommate of Lamb's, who had at one time lived with Anderson, Lamb and the infant. Eastwood said according to the roommate, Anderson had some "troubles with anger" and on one occasion, the roommate had witnessed Anderson pick the baby up, shake him and tell him to "shut up."

Myers asked Eastwood if he was present at the house on April 26. Eastwood said he was not as his first involvement with the case was April 27.

"So you don't know the location of things in the house because you were not there April 26?," Myers asked.

Kansas Highway Patrol Master Trooper Jeff Scott also testified that he was the first emergency responder to respond to the residence after the 911 call was made. Scott said he had heard a report from police dispatch in Fort Scott about an infant "not breathing" or "having trouble breathing." Scott said he typically doesn't respond to those types of calls but he responded to the residence as he was close to the area.

Scott testified he entered the residence and made contact with Anderson, who was holding the infant. Scott testified both Anderson and the infant "were crying," and the baby's breathing sounded "rattled" or similar to how an infant with a cold or congestion would sound.

Scott testified that Anderson was cleaning the bathroom and not observing the infant at the time. The infant was taken to a neighbor's house and Scott said at that point medical responders arrived at the scene.

Myers also asked Scott if Scott was present at the house when the alleged incident occurred. Scott said he was not.

Prior to the opening statements, the jury selection process took several hours. Ward provided preliminary instructions to the jury once it was set and discussed "fair and orderly proceedings."

"You will decide the case based on the evidence submitted," Ward told the jury.

During jury selection, attorneys in the case asked questions of potential jurors related to their knowledge of people and events in the case and the subject matter of the case, as well as whether they could be fair and impartial. Potential jurors were also asked questions based on their responses to a questionnaire they had to fill out previously.

History of the case

An arraignment and felony plea hearing for Anderson took place in October 2015. Anderson was bound over for arraignment following a preliminary hearing before District Magistrate Judge Valorie LeBlanc in late August 2015. The court heard testimony from five witnesses during that hearing.

In December, Ward granted a motion filed by Myers for a trial continuance as Myers said he needed more time for himself and experts to review multiple business records and pieces of medical information related to the case. The state did not object to the continuance.

For the first count of first degree felony murder, the charge alleges that "on or about April 26, 2015, within Bourbon County, Kan., Anthony Michael Anderson did unlawfully and feloniously kill a human being ... in the commission of or attempt to commit an inherently dangerous felony as defined in K.S.A. 21-5402(c) and amendments thereto, to wit: abuse of a child as defined under K.S.A. 21-5602; in violation of K.S.A. 21-5402(a)(2); an off-grid person felony."

On the child abuse charge, the complaint alleges that "on or about April 26, 2015, within Bourbon County, Kan., Anthony Michael Anderson did unlawfully, feloniously and knowingly torture or cruelly beat a child ... or shake a child under the age of 18 years ... which resulted in great bodily harm to the child in violation of K.S.A. 21-5602; a level five person felony."

The criminal complaint, filed May 12 in Bourbon County District Court, omits the name of the infant but lists the date of birth as 2014.

On the afternoon of April 26, 2015, members of the Fort Scott Police Department, the Fort Scott Fire Department and Mercy EMS responded to an accident call at a residence in the 300 block of South Broadway Street, where the infant, Aiden J. Osborn, was taken after the alleged incident occurred, according to a news release issued May 5, 2015 by the FSPD.

The incident allegedly occurred at another residence on South Broadway Street.

Osborn had reportedly fallen off a sofa and was transported to Mercy Hospital Fort Scott and later flown to Children's Mercy Hospital in Kansas City, Mo., where he died at 10:39 p.m. April 28, 2015, the release said.

Ward and attorneys in the case discussed some motions filed and heard some testimony during a pretrial conference held April 15. At that hearing, Ward informed Anderson of the possible penalties Anderson faces if convicted of the felony charges. The first count of first degree felony murder, an off-grid person felony, carries a potential sentence of life in prison without the possibility of parole for at least 25 years and a fine not to exceed $500,000. The count of felony child abuse, a level five person felony, carries a potential sentence of 31 to 136 months in the Kansas Department of Corrections depending on the defendant's criminal history, as well as a fine not to exceed $300,000.

If Anderson is convicted, sentences could run concurrent or with the second count running consecutive to the first count.

Anderson made his first court appearance on May 15, 2015, when LeBlanc read the charges from the criminal complaint. Anderson was arrested May 5, 2015 by the Fort Scott Police Department in connection with the Osborn's death. Anderson was brought in on an arrest warrant and officially booked into the Southeast Kansas Regional Correctional Center on May 5, 2015. He remains in custody at the SEKRCC on a $1 million cash/surety bond.