A Douglas County jury Thursday took one day to convict a Castle Rock foster mother of recklessly abusing her 2-year-old foster son, who suffered massive brain and head injuries nearly two years ago.
Tember Rector, 44, was found not guilty of a second count of child abuse involving a 7-year-old girl who broke her wrist seven months before the boy was injured.
Under the sentencing guidelines for child abuse, Rector faces a minimum prison sentence of 10 years and a maximum of 32 years, which will be determined by Douglas County District Judge Paul King on April 7. Rector remains free until sentencing but must post $50,000 bail by Monday. Her attorney, Joe Pickard, said they are considering an appeal.
“I believe the verdict was fair considering the evidence,” said Deputy District Attorney Darren Vahle. “The doctors at Children’s Hospital (who treated the boy and testified at the trial) were very persuasive. This did not happen the way she said it happened.”
The six-day trial was based on circumstantial evidence because no one witnessed how the boy, Timothy Dodge Jr., was injured the evening of Feb. 2, 2004.
Vahle claimed Rector lost her temper and caused Timmy’s injuries. But Rector testified that Timmy hurt himself when he fell into a nightstand while jumping on her bed. Emergency personnel airlifted the boy to Children’s Hospital, where doctors cut one-third of his skull away to relieve pressure on his brain from swelling and bleeding.
Dr. Andrew Sirotnak, an expert on child abuse at Children’s, testified that the boy’s brain injuries were consistent with extreme force trauma, such as severe child abuse or falling from a high building.
Rector’s attorney said the case was difficult.
“She said she did not injure the boy, and I believe her,” he said. “It’s too bad the judge doesn’t have more discretion in this sentencing.”
As for the girl, prosecutor Vahle said it was an understandable verdict because of the many stories the girl told the jury about how she broke her wrist. The girl, who is now 10 and living in her 15th foster home, told the jury a number of conflicting stories and couldn’t remember which arm she broke.
She identified Rector in the courtroom and said, “She’s the one who hurt me.”
Pickard said the only direct testimony against his client came from the girl, yet the jury chose to exonerate Rector on that charge and convicted her on circumstantial evidence in the boy’s case.
Staff writer Mike McPhee can be reached at 303-820-1409 or mmcphee@denverpost.com.
