California Brain Damage Lawyers

According To San Diego Assistant United States Attorney Ms.Tucker Pled Guilty Today In Federal District Court In San Diego

United States Attorney Carol C. Lam announced that LATONYA MICHELLE TUCKER pled guilty today in federal district court in San Diego before United States District Judge Marilyn L. Huff to a second degree murder charge in the death of Jalen A. Ford, a thirteen-month-old infant entrusted to her care. TUCKER who resided on Camp Pendleton at the time of the murder. TUCKER pled guilty, pursuant to a plea agreement, to the felony violation of Title 18, United States Code, Section 1111 -- a federal statute which covers murders which occur within the special maritime and territorial jurisdiction of the United States. According to San Diego Assistant United States Attorney Bruce C. Smith, who is prosecuting the case, TUCKER admitted in her plea agreement that, on September 10, 2001, while residing on Camp Pendleton, she intentionally inflicted corporal punishment upon Jalen A. Ford, who was thirteen months old at the time. TUCKER also admitted that she intentionally dropped Jalen onto a hard surface, causing a traumatic brain injury. Two days later, on September 12, 2004, TUCKER delivered Jalen to the Tri-City Hospital Emergency Room. Despite heroic efforts by the medical staff, Jalen expired soon after his arrival. Sentencing for TUCKER is scheduled for February 7, 2005 at 9:00 a.m., before Judge Huff. This case is the product of an investigation by the Federal Bureau of Investigation and the Naval Criminal Investigative Service.

My personal bias on this point springs from the experiences of a friend who today is  twelve years old. Steven Olsen is blind and brain damaged because, as a jury ruled, he was a victim of medical negligence when he was two years old. He fell on a stick in the woods while hiking. Under the family’s HMO plan, the hospital pumped Steven up with steroids and sent him away with a growing brain abscess, although his parents had asked for a CAT scan because they knew Steven was not well.  The next day, Steven Olsen came back to the hospital comatose. At trial, medical experts testified that had he received the $800 CAT scan, which would have detected a growing brain mass, he would have his sight and be perfectly healthy today.

The jury awarded $7.1 million in “non-economic” damages for Steven’s avoidable life of darkness and suffering.  However, the jury was not told of a two decade old restriction on non-economic damages in the state. The judge was forced to reduce the amount to $250,000. The jurors only found out that their verdict had been reduced by reading about it in the newspaper. Jury foreman Thomas Kearns expressed his dismay in a letter published in the San Diego Union Tribune.

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