Father denies intentionally harming baby, doctor says accident not likely
A former Huntley man admitted in a McHenry County courtroom Wednesday that he bumped his infant son's head into an entertainment center, leaving the boy with possibly permanent brain injuries, but repeatedly denied he did it on purpose.
A pediatrician who treated the boy, however, said there is virtually no way the injuries could have been caused by accident.
Jay Siedelberg of West Chicago, testified as the only witness in his defense on charges of aggravated battery and aggravated reckless conduct stemming from the Oct. 27, 2005, incident that left the 11-week-old boy with a fractured skull and bleeding inside his head.
Siedelberg, who lived in Huntley at the time, testified he was watching his son and 2-year-old daughter alone that day when the boy became fussy. He said he was trying to calm the boy by swinging him in a pendular motion when he became distracted by his daughter and turned suddenly.
"As I turned I was still swinging him and that's when he bumped his head into the entertainment center," Siedelberg, 27, testified. "I would never do anything intentionally to hurt my children."
Under cross-examination, Siedelberg admitted he told police days after the incident that he was frustrated at the time because both his children were noisy, but denied police claims he said he "lost his temper."
Siedelberg's testimony followed that of Dr. Thomas Valvano, a prosecution witness who treated the boy after his injury and said Siedelberg's account of the incident is improbable.
Valvano did not rule out the possibility of an accident, but said the force required to cause the boy's injuries would be comparable to dropping from a second-floor window, a serious car accident or a television falling on top of a child.
"It's hard for me to imagine how it would happen accidentally," he testified. "It would take the kind of force that if someone saw this happening, they would be afraid for the child's life."
McHenry County Judge Joseph Condon, who is deciding the case instead of a jury at Siedelberg's request, is scheduled to hear closing arguments Thursday afternoon, then could rule immediately or take the case under advisement and issue a verdict at a later date.
If found guilty of the aggravated battery charge, Siedelberg would be sentenced to a mandatory prison term of six to 30 years. Aggravated reckless conduct is punishable by one to three years in prison, or probation.