Ex-Naperville father not guilty of tot's death

A former Naperville father was acquitted Thursday morning of brutally beating his infant daughter to death four years ago.

"Glory be to God!" Locksley O. Creary said through tears after hearing the judge's verdict. "Glory to him."

Later, outside of court, the 30-year-old Bolingbrook man also thanked his defense team before leaving the Wheaton courthouse with his parents, who remained at his side through the trial.

DuPage Circuit Judge George Bakalis found Creary not guilty of first-degree murder for the Sept. 4, 2004, death of his 7-month-old daughter, Ariana.

In a written opinion, Bakalis cited the uncertain medical evidence, lack of motive and the fact it took authorities two years to file charges.

Bakalis said Creary probably would have been convicted had the legal standard been guilt by a preponderance of evidence rather than beyond a reasonable doubt.

The defendant did not testify during his eight-day trial, which ended last week.

The child's mother, Laura Gonzalez, who is the defendant's former girlfriend, also left court in tears. When asked if she feels Creary got away with murder, she said, "I don't know what I feel. I just don't know."

She added: "If this is the justice God wanted, than I guess this is justice."

Creary does not have a violent criminal history; there wasn't concrete evidence of prior abuse.

The arduous trial included several witnesses and more than 100 pieces of physical evidence, much of which focused on complex medical issues.

The defense team, John "Jack" Donahue and James M. Ryan, maintained Ariana died of a pre-existing gastrointestinal condition and subsequently suffered liver damage while the defendant improperly administered cardiopulmonary resuscitation.

Prosecutors Alex McGimpsey and Joseph Ruggiero said that explanation of the child's severe internal injuries belies common sense. They argued the tot's quick-tempered father intentionally inflicted the harm, including a badly damaged liver and massive internal bleeding, 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. In fact, one expert said they were akin to a car crash.

Medical experts offered differing opinions.

The defense's main expert, Dr. Shaku Teas, who performed the autopsy, classified the death as undetermined. She testified for eight hours on two days that the liver damage could be from improper CPR after Ariana was already dead.

She accused authorities of pressuring her to classify Ariana's death as a homicide to bolster their case. But 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 as a prosecution expert said Ariana died of multiple injuries due to blunt force trauma inconsistent with CPR, and inflicted while she still was alive.

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 into a happy, healthy 14-pound baby.

Locksley Creary was watching Ariana alone that evening after picking her up at 7 p.m. from her maternal grandparents' home in Oswego.

Gonzalez returned from work before 10 p.m. She called 911 at Creary's urging at 10:10 p.m. after she found Ariana unresponsive in her crib. Creary attempted CPR until rescuers arrived at about 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 - Gonzalez and a Naperville police officer - witnessed his CPR. 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. Doctors called police after suspecting abuse.

The defendant's father, Locksley Creary Sr., was thankful after the verdict.

"We're thankful the system does work for justice," he said. "My family stayed together and prayed together through this ordeal."

Gonzalez described her former relationship with Creary Jr. as strained and complained to police that he became violent when drinking. They are no longer together. Gonzalez, 28, of Aurora, attended every day of the trial in an effort to learn the truth.

"I just didn't know what to expect," she said. "I've just been waiting for answers and maybe I didn't get any answers, but it's over."