Closing arguments in trial of dad charged with killing infant daughter

Lawyers made a final impassioned pitch today to a DuPage County judge in whose hands rests the fate of a former Naperville father accused of killing his infant daughter.

After listening to more than three hours of closing arguments, Judge George Bakalis said he will announce his verdict Oct. 9 after further studying the evidence. The arduous trial included several witnesses and more than 100 pieces of physical evidence, much of which focused on complex medical issues.

Locksley O. Creary, 30, of Bolingbrook, is charged with first-degree murder for the death four years ago of his 7-month-old daughter. He does not have a violent criminal history. There isn't concrete evidence of prior abuse.

But how else could Ariana Creary have died Sept. 4, 2004, while alone in his care?

The defendant did not testify.

His lawyers, John "Jack" Donahue and James M. Ryan, maintain Ariana died of a pre-existing gastrointestinal or other conditions and subsequently suffered liver damage while the defendant improperly administered cardiopulmonary resuscitation.

Prosecutors Alex McGimpsey and Joseph Ruggiero argue the tot's quick-tempered father intentionally inflicted severe internal injuries, including a badly damaged liver, while watching her for three hours in his former northwest side apartment.

Ruggiero, who called the father's defense a "fantastical, impossible, concocted theory," said the child's injuries speak for themselves.

"Ariana couldn't tell us with words, but she did use body language," the prosecutor said. "The photos (of her injuries) cried from the witness stand, 'Look at what my daddy did to me!'"

Unfortunately, not even the medical experts could agree what happened to Ariana. Each had more than 20 years' experience.

The defense's main expert, Dr. Shaku Teas, who performed the autopsy, classified the death as undetermined. She testified for eight hours over two days that the liver damage is consistent with improper CPR.

On the witness stand, she accused authorities of pressuring her to classify Ariana's death as a homicide to bolster their case. They accuse her of being a habitual paid defense expert who pushes a personal agenda.

Her testimony ran contrary to that of Dr. Nancy Jones, who said last week as a prosecution expert that Ariana died of multiple injuries due to blunt force trauma inconsistent with CPR and inflicted while she still was alive.

In fact, Jones said the liver "was crushed so much it turned kind of like pulp."

But Donahue argued improper CPR is blunt force trauma. He urged the judge to acquit Creary after arguing prosecutors failed to prove Creary intentionally harmed his child.

"(The prosecution's case) is an illusion," Donahue said. "It doesn't exist. This is not proof beyond a reasonable doubt. That's a real stretch. You're talking about guessing someone guilty."

Ariana weighed just 4.7 pounds at birth and spent 10 days in a neonatal intensive care unit for feeding problems.

But those closest to Ariana, including her pediatrician, agree she had grown at 7 months old into a happy, healthy 14-pound baby.

Locksley O. Creary was watching Ariana alone that evening after picking her up at 7 p.m. from her maternal grandparents' home in Oswego. The child's mother, Laura Gonzalez, returned to the apartment on the 700 block of Inland Circle about 9:45 p.m.

Gonzalez called 911 at 10:10 p.m. after she found Ariana unresponsive in her crib. Creary attempted CPR until rescuers arrived at 10:13 p.m.

At the time, Creary weighed about 130 pounds and administered CPR on a bed, which had a thick feather cover over the mattress. Two people -- Ariana's mother and a Naperville police officer -- witnessed his CPR efforts. Both said he did not use excessive force, but Teas testified an improper technique rather than force is what causes injuries.

Ariana was pronounced dead at 10:50 p.m. at Edward Hospital in Naperville. Doctors called police after suspecting abuse.

Authorities point to other evidence they argue also casts suspicion on Creary. There were signs of possible foul play, such as a dismantled crib mobile, two empty rum bottles and Ariana's favorite pacifier was found lying in the hallway near a bathroom rather than in her crib with her.

Gonzalez said she and the baby had just moved in with Creary that May or June. She described their past relationship as strained and complained to police that he was prone to verbal and physical violence, especially when under the influence of alcohol.

The couple is no longer together. Gonzalez, 28, of Aurora, has attended every day of the trial in an effort she said to learn what happened to her only child.

"The evidence is out there now," she said today. "How did she get the lacerated liver and other injuries when she was perfectly healthy and happy and fine before?"

It took more than two years for prosecutors to file charges in the complex case. Creary was arrested Feb. 22, 2007. He has been free since May 10, 2007, after posting $50,000 bail. If convicted of murder, he faces up to 60 years in prison.