Elder abuse trial: Defense says woman made her own decisions
By VICKY TAYLOR
CHAMBERSBURG
Monday, July 21, 2008
A policeman, paramedic and emergency room doctor were called as witnesses Monday morning in the elder abuse trial of a 52-year-old Chambersburg man accused of neglecting his elderly mother to the point that she was malnourished and dehydrated a year ago.
David B. Baine is charged with neglect of care of a dependent person resulting in serious bodily injury, simple and aggravated assault and recklessly endangering another person.
In opening arguments, prosecutor Lauren Sulcove talked about Agnes Baine's physical condition when police and medics were called to Baines' Broad Street apartment July 8, 2007, by a landlord that thought she was dead.
At issue in the trial is whether David Baine acted in a criminal manner in his care of his 87-year-old mother or whether his mother, as a consenting adult, freely chose to neglect herself to the point that she could not take care of herself and was malnourished and dehydrated.
According to testimony this morning, David Baine was not home when police and medics were called to the home that morning and did not return until at least the next day.
In his opening arguments, defense attorney Paul Rockwell told the jury that Agnes Baine was at all times considered to be a competent adult in making her own decisions and choosing what she wanted.
SOURCE: Public OpinionOnline
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