In other words, if the jury could not agree conclusively that she had poisoned Andrew, it could still rule that she was guilty of capital murder by omission, or by failure to act. In 2005 the Overtons began to pursue the idea seriously. Melinek, the defenses expert witness, testified about pica and an array of factors that could have contributed to Andrews death, including undiagnosed diabetes. The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence. At a subsequent family court hearing, in which Hannahs civil attorney argued that she should be given access to the infant so that she could continue nursing her, Judge Lewis returned Emma to her parents, but with conditions. The experience had affected her deeply, and she told Larry that she was willing to adopt a child with disabilities or an older child who had been unable to find a permanent home. I worked with him at Branch Cabell years ago and also lived down the street from him for a while. I am so sorry to hear about Dabney. A memorial service will be held at St. Paul's Episcopal Church in Miller's Tavern, Va. on Sunday, November 22nd at 2 p.m. I miss everything, she later wrote to me. At the time, Overton had four children and was pregnant with a fifth, and had no prior trouble with the law. Turn on desktop notifications for breaking stories about interest? The intentional poisoning of a child is usually perpetrated with sedatives, anticonvulsants, or medications like injectable insulin, not food, he told me. My deepest sympathy to his family on the loss of a truly extraordinary person. Not long afterward, Larry and Hannah heard about Andrew at their church, Calvary Chapel of the Coastlands, which Andrews foster mother also attended. But as devoted Christians, their desire to adopt a foster child was rooted in faith more than in practicality. In a 2012 interview from a Texas prison, Overton told ABC News that during one of the monthly visitations with her children, [Emma] took her first step, I was there. "We are so excited about all God has done in and through all of this. Over the course of the three-week-long trial, Eastwood sought to convince jurors that a mother with no history of violence or mental illness had force-fed her child to deatha scenario that each prosecution witness helped, incrementally, to suggest was possible. The key issues in this case were knowledge and intent, and his opinion went directly to those issues. Hannahs attorneys would later argue on appeal that the doctors opinionthat Hannah had never intended for the boy to dieamounted to exculpatory evidence that the state had withheld from the defense. After your child dies to be told that somebody think its your fault. For us to go to [the clinic] was a lot faster than it would have been had we called, at that point., As we talked about Andrew, she had to stop several times to compose herself. One attorney was even moved to tears explaining how sorry he was for the mistakes he had made in Overton's case. They declined to do any further chromosomal testing and turned to prayer instead. However, that didn't stop us from having friendly and lively conversations about the greatest game. EMTs and hospital staff had vigorously poked and prodded the boy as they attempted to revive him, first at the clinic, then in an ambulance, then at Christus Spohn Hospital, where he was initially taken, and finally at Driscoll, where he was transferred to the intensive care unit. I knew Dabney in highschool and we became reaquainted through sailing and always remarked "what a small, small world." What a loss for all of us; he will be missed. Im very thankful that this compensation is finally coming through, Overton told ABC News. Yet the image they conjuredof a woman grinning at the sight of a comatose four-year-oldwas devastating. They were no different from other children their age: exuberant, funny, guileless. Nueces County District Attorney Mark Skurka had charged Overton a second time for murder after her release. You can send your sympathy in the guestbook provided and share it with the family. Hannah Overton announced the birth of her sixth child, Gabriela Aliana, this week in a Facebook post that described a difficult delivery. She could not consent to a lesser charge, she told her attorneys, because she felt it would mean she was admitting fault. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. People who knew the Overtons were certain that Andrews bewildering death was accidental. Dick and Sue Kemper; St. Christopher's School, Share to let others add their own memories and condolences. I dont see what caused the high salt content. Hannah, we are all so sorry for the loss of your brother. All NRE reports represent a moment in time. When people are under severe stress, their judgment becomes poor., Cortess perspective was revelatory. Ive seen doctors and nurses freeze up when a patient comes in convulsing or in extremis, he said. There are two phones that the kids can speak into, and they eagerly pass the receivers back and forth, recounting the months events in stereo. Taken together, the disparate details formed a disturbing picture. Its not even a consideration, she said. In the eyes of law enforcement, Hannah and Larry were not grieving parents but perpetrators of an appalling crime. She had told the jury of the boys unusual habitsthe inappropriate eating, the obsessive picking and scratching, the head bangingbut her version of events had been tainted by the specter of abuse. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Perplexed, Larry installed a baby monitor equipped with a video camera in the boys room so that he and Hannah could observe if Andrew was wandering into the kitchen at night. Once a month, Larry loads the kids into his van and they make the trip together, although on those visits, no contact is allowed. I was convinced that we were in the presence of a crime.. They also discovered that Hannah was pregnant again. He defecated on the floor of his bedroom, then smeared feces on the bed, the dresser, and the walls. It should be noted that during the entire conversation, Hannah Overton showed almost no emotion, he later wrote in his police report. I shall miss him greatly. Hannah was always drawn to stray people.. I worked with Dabney at Browder Russell just after he graduated from W & L, and saw him often at FBYC. He moved unsteadily, and he was so clumsy that Hannah had him wear a life jacket whenever he splashed around in their inflatable kiddie pool. The way it was explained to me, thats how I would be charged if I accidentally ran a stoplight and hit somebody, he said. Andrew was a sweet boy who had significant neurological and developmental disorders. In the midst of the chaos that followed, no one recognized how distressed Andrew was by the sight of Hannahs bloodied face. All he needs is lots of love and attention, she told Larry. Overwhelmed, the Overtons sought guidance in prayer. By clicking or navigating the site, you agree to allow our collection of information through cookies. If you would like a copy via email, please let me know. He will be missed by his many friends. The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. So it is the context and the totality of the injuries that worried me. He would have been witness number one for the defense, Gilmore told me. But was this churchgoing young woman a vicious child killer? Peace & Strength to your family at this time. I was lucky enough and feel so honored to have been loved by Dabney. Find the obituary of Hannah Mason "Tess" Overton (2019) from Gunnedah, NSW. You can ask, Why didnt she go to the hospital sooner? but in hindsight, everything is obvious. And given that abuse and neglect during the first year of life can profoundly affect behavioral development, they were not surprised that Andrew was different. Veteran defense attorney John Gilmore, whom the Overtons had retained using funds raised by their church, was stunned to learn of the arrests from reporters, who called asking for comment. The passenger side of their old Ford van was not equipped with an air bag, and Hannah, who had pulled down her seat belt so she could turn to talk to the kids, was jolted forward, her face hitting the dashboard. She was unflappable and unfailingly patient with children. I knew Dabney from the Richmond Athletic Club. It did not matter that Haller, who had seen Andrew in the days leading up to his hospitalization and who was frequently in the Overton home, had never observed any suspicious bruises or indications of abuse. Hannahs mother and stepfather, Hannah, Larry, and the kids on Mothers Day 2006. The Overtons were returning from a visit to the obstetricians office, where they had brought the children to find out whether the baby they were expecting was a boy or a girl. Hannah Spencer Overton (born Haile) in FamilySearch Family Tree Hannah Overton in U.S. Social Security Death Index (SSDI) Hannah Spencer Haile in MyHeritage family trees (Baker Family Site (23andMe)) view all Immediate Family Private ex-spouse Private child Hannah Overton Tiffany daughter Private child Edmond Ware Haile father Irene Margarite Tyler As I read the comments of so many I realize he touched everyone's lives just the same. Andrew liked to eat every day, all day, any time, she said. I remind them that the Lord loves him more than anyone could and we will see him again someday.. At Sunday school, he became more expressive, stringing words into sentences and holding hands with his new sister Ally. Some people love stray animals, remembered her mother, now remarried. He had so many interests and was loyal to those he knew and was involved with, especially those he sailed with as that is where I knew him. He was simply "a wonderful person" I am so sorry for your loss. I remember many lively discussions with Cabell and Dabney about the history of Virginia and North Carolina. . One paramedic recounted how he had seen two sores on Andrew that looked to me like cigarette burns because they were round. Another paramedic also believed the sores were cigarette burns, though he admitted he had only looked at them from a distance. Fernandez, the medical examiner, said he had observed burnlike scarring on Andrews arm that had likely been caused by contact with a hot surface. But neither Larry nor Hannah smoked. Any God, Christian or not, would have wanted a better mother for Andrew.. . movie nights, waking up to their beautiful faces. The Court of Criminal Appeals is currently reviewing her writ, which contends that the information about Andrews gastric contents are grounds for a new trial. A committed Christian, he had gone on mission trips with his family since he was a child, including a fourteen-month stint in Papua New Guinea and several treks across Mexico. The churchs pastor, Rod Carver, and his wife, Noreen, had initially considered taking in Andrew but ultimately decided he was more than they could handle. Until his arrest, Saenz had led a seemingly normal life: in addition to leading his nondenominational congregation, he worked as an office-machine mechanic while his wife, Lane, stayed home with their two children. . But was this churchgoing young woman a vicious child killer? Im a pretty easygoing guy, but I remember thinking, Six kids? Larry told me. The boy was diagnosed with a toxic salt overdose and died the following day. Hannah Overton was just an ordinary homeschool mom. Copyright 2023 Echovita Inc. All rights reserved. When Gilmore polled the jury afterward, all twelve members stated that they had found Hannah guilty of capital murder by omission for not acting quickly enough to save Andrew; none believed that she had poisoned him. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Sorry to hear of Dabney's passing. Had Andrew sat among them, I realized, he would have been nine years old. The following day, family court judge Carl Lewis awarded temporary custody to Hannahs mother and stepfather. I asked Hannah if her faith had been shaken by Andrews loss and the suffering that she and her family had experienced. (Haller, their next-door neighbor, has since moved to Houston.) He seemed a peaceful man. (During the third week of the trial, moments before the case was sent to the jury, Eastwood had asked Judge Longoria if she could call Cortes as a rebuttal witness, but the judge, who had grown impatient with the length of the trial, denied her request.) (He was subsequently fired by CPS after having three car accidents on the job in less than six months.) This is where Andrew used to sleep, Isaac told me softly as he led me into the boys room. He is survived by : his children, Valerie Overton Castano (John), Glenn Overton (Donna) and Allen Overton (Amy); his grandchildren, Morgan Castano Petty (Kyle), Jordan Castano, Zack Castano (Andie), Julia Overton Kahsar (Alex), Alyssa Overton McSteen (Dylan) and Drake Overton; his great grandchildren, Overton Petty, Cotten Petty, Davant Petty, Preston McSteen and Layton Kahsar; his brothers-in-law, Bruce Preston Cotten and Grant Cotten; his friends, Jimmy, Sarah Trado, Joyce, Jerry Dellinger, Betty Jo Mullis and Bob Butler; and also, Scott and Tana Lloyd. Myron F. Overton June 29, 1935 - June 6, 2013 Myron was born in Bakersfield, California to his loving parents Earl C. and Hazel J. Overton. Despite appearances, however, he was hardly a reprobate. But he was adamant that the boys death had not been accidental. ", More:Hannah Overton, supporters chant 'Actually innocent' after capital murder dismissal, More:Nueces County DA to dismiss Overton case, declare woman innocent. He died at 9:30 p.m. The Huntsville Times. Thendistrict attorney Jimenez did not publicly disclose the reasons for the termination, but it occurred one week after Eastwood informed her superiors that she had been romantically involved in the past with a sex offender; she reported that she feared the information had been used by the offenders defense attorney to get him probation in a criminal case. Published in Legacy from Nov. 11 to Nov. 12, 2009. Gilmore urged Hannah more than once to agree to have the jury consider a lesser charge, but she was uneasy with what she perceived as an underlying suggestion of wrongdoing. Hess suspicions had developed the previous evening during an interview with Hannah, who had consented to talk to him without an attorney present. But at a hearing on the defenses motion for a new trial, Eastwood stated under oath that Cortes had always been a passionate advocate for the prosecution; he had even remarked to her that he thought Hannah should fry. Cortes does not dispute that story. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. She is also qualified to receive insurance and education benefits. The Overtons had to remain at the Carvers home, where they had been staying to avoid the camera crews that were camped out on their own doorstep, and they were never to be left alone with the baby. He was such a kind person and always had a smile on his face. Hannah and Larry had taken her in after her marriage ended in divorce, giving her their extra bedroom while she got back on her feet. Afterward, she instinctively looked back to check on the children, not realizing that her face was covered in blood. The website is updated daily, frequently with exonerations that occurred in the past. Hannah, we met a couple of times, and Dabney and I visited your grandparents several times in Tappahannock. Prepare a personalized obituary for someone you loved.. December 22, 1930 - In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. Short on time as the trial drew to a close, the defense had asked Moritzwho needed to return to Pittsburghto sit for a videotaped deposition; when the deposition ran long and could not be completed, the defense was unable to enter it as testimony. Finally he agreed to plead no contest to criminally negligent homicide. Nueces County jurors believed she failed to seek medical care for her foster son in a timely manner. DABNEY OVERTON OBITUARY OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. We lived in the same neighborhood a few years back and after meeting at the Dog Park, spent some great time together running, kayaking and meeting for a few cold ones at Melitos. He embodied the characteristics of a Saint and we will miss him very much. Echovita Inc is a registered trademark. The writ is the final opportunity a defendant has to introduce new evidence into the record. No amount of money will ever bring back the years that were taken away, and the seven years of freedom I lost. Days after she gave birth to her daughter Emma, CPS took the newborn into protective custody. Mr. Overton was a U. S. Army Veteran and a member of the First United Methodist Church in Bryant. Moritz, in fact, had been asked to testify as an expert witness for Hannahs defense at her trial. I feel so fortunate to have spent time with him. Loose teeth, first day of kindergarten, last day of kindergarten. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overton's appellate team that helped overturn the . A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. Dabney was born on July 31, 1963 and grew up in Essex County, Va. The new charges were dismissed because of a myriad of factors which came about after a careful review of the previous trial, re-interviewing some of the key witnesses, consulting with some of the medical experts involved in the case, reviewing evidence adduced at recent hearings and staffing the case with the current prosecutors assigned to the case, Skurka said in a news release Wednesday. Overton's original trial attorneys admitted at an appeals hearing that they had made errors. She and her husband Larry lived in Corpus Christi, Texas, and served faithfully in their church. Being in the Overtons home had afforded Werkhoven an intimate view of the family. Every Easter and Christmas holiday was spent at the Reynosa orphanage, whose wards were primarily the unwanted children of prostitutes who worked the nearby red-light district. Witnesses outside the home said they had seen Andrew's bizarre habits, too. The sodium content of Zatarains is not listed on its packaging. Hey dear, so sorry to hear this newstake care of yourself and your familythinking of you!! To the Overton Family and friends of Dabney: I first met Dabney in the fall of 1972 when he was in fourth grade at Aylett Country Day School. Andrews foster mother, who had provided refuge to roughly three hundred children over three decades, was also supportive. Today I will thank God that I knew Dabney, if only a little. Her bedroom was just a few feet away from the childrens rooms, which were always open; their doors had been removed so that the kids could easily come and go as they pleased. I see Dabney very clearly at the dog park with Moose and Betsy, gliding along with that long stride of his and his big smile for everyone. Theres An App for That. . Brother Paul Campbell will officiate the service. Please allow 24 hours for your entry to be reviewed for appropriate content. Hannah managed to clean him up, but when she reiterated that he would have to wait until lunchtime to eat, he defecated on the floor again. on our list, Other He and Noreen had recently lost their own son, who had been stillborn, making his grief particularly acute. May God wrap his loving arms around you until we meet again. They considered adopting a nine-year-old girl who was deaf, but when, after much prayer and deliberation, they decided to move forward with the adoption, they learned that the girl had been placed with another family. He found that they fit a narrow profile: they were between the ages of one and six, they had been in the foster system or were from abusive homes, and they had pica. He visited us in the country and brought his serinity along. How Florence ButtNot Her SonLaunched the H-E-B Empire, Jimmy Carters Peanut-and-Egg Taco Made Quite the Impression on San Antonians, The Top 50 Texas BBQ Joints: 2021 Edition. He called Hannah and Larry Mommy and Daddy, and he followed Larry everywhere he went, often stepping on Larrys heels as he trailed after him. A funeral for Andrew followed at Seaside Memorial Park, alongside Corpus Christi Bay, at which Pastor Rod Carver officiated. To the Overton's; Please accept my deepest sympathy and condolences for your loss. He served as president of the School of Law. But was this churchgoing young woman a vicious child killer? AP. 1 x 120' / Produced for Discovery Networks. Hannah must sit on the opposite side of a metal divider, behind Plexiglas. He was good to everyone he met. Our paths crossed later in life and we renewed our friendship. But law enforcement officials are accustomed to handling child abuse cases, not medical mysteries, and salt poisoning is rare enough that most emergency room doctors will never encounter a case during their careers. Not long after his arrest, a grand jury upgraded the charges against him to capital murder, and he feared that he too might face life in prison. I will miss Dabney greatly, having spent hours drinking coffee & talking with him; a kind, gentle soul who made the world a better place and who always had time for people in his life. He inspired me to take up running, and to go from owning 1 dog to 2! He was an avid sailor who was active in the Fishing Bay Yacht Club and raced with the crew of La Maga. The following week, Hannahwho had no history with CPS and no previous arrests, and had never had so much as a parking ticketwas charged with capital murder. Then, in the spring of 2010, Hannahs appellate attorney, Cynthia Orr, made a startling discovery. Hannah Overton from Fengate was diagnosed with acute myeloid leukaemia shortly after a match in July with the Parkway Bowling Club which plays its home matches in Maskew Avenue. (Larrys parents, who were friends of the Saenzes, were parishioners.) The Overtons rushed him to a nearby urgent care clinic after his breathing became labored and he stopped responding to their questions, but by the time they arrived, he had fallen unconscious. There was a dead child, he observed. Send your deepest condolences with fresh flowers. Hannah R. (Saem) Overton . CPS launched its initial investigation into Andrews well-being shortly after his first birthday, when his mother took him to a local hospital with a broken arm. Push him? Throughout the interrogation, which spanned more than two hours, Hannah insisted that she had never harmed Andrew. The defense presented the jury with a medical mystery. I will always remember Dabney's love of animals, nature and good music. At the clinic, she continued giving him mouth-to-mouth and chest compressions until paramedics took over, but the four-year-old lay motionless. What a shock and a life cut too short. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. As a former private-duty nurse, Hannah felt equipped to handle the challenges of a foster child; she had spent several years caring for special-needs children, some of whom were profoundly disabled. Not the brightest thing to do, Larry conceded. When Andrews condition worsened, she and Larry had debated whether to call 911 or go to the nearby urgent care clinic, a concern because Andrew lacked health insurance. Very sad to hear this news. 2023 www.caller.com. Hannah and the girls, who complained of feeling achy, were taken to the hospital in an ambulance while Larrys parents picked up the rest of the family and, after dropping Larry off at the hospital, took the boys to a nearby Whataburger. The states case would be predicated in part on the findings of Ray Fernandez, the Nueces County medical examiner, who ruled Andrews death to be a homicide. Following college, he worked as a financial consultant and more recently as a consultant for Terrestar Networks. Kids loved her. I am truly shocked and saddened to hear of Dabney's passing. Our lives are richer having known him. There was no evidence of external bleeding or injuries to Andrews head, however, and at a pre-trial hearing, Fernandez conceded that the hemorrhaging could have been related to elevated sodium in the blood. Then District Attorney Mark Skurka dropped the case. I was truly saddened to hear of Dabney's passing. . I figured, Well, weve got to start with one, so lets see how far we get. Isabel, and then Ally, followed. They asked us, Can you pray that we have discernment and wisdom in helping him through this?. He was preceded in death by his mot My husband Al and I were shocked and saddened to hear of Dabney's death. We met when he was helping her move. Because he felt cold? He suspected that as the boys condition worsened, Hannah had fallen victim to what he calls stress blindness, a phenomenon he had witnessed many times during his 42 years of practicing medicine. Corpus Christis introduction to Hannah came the following week, when she and Larry were arrested and led past a bank of TV cameras outside the Nueces County jail. By that point, they had already been shown numerous photos of Andrews small, bruised body postmortem. Prosecutors exploited that uncertainty in final arguments, asserting that Andrew did not have pica. Pleading out to that was much better than having my children grow up without a mother or a father. In exchange for his plea, Larry was given five years probation and a $5,000 fine. Dabney always took time to talk to people and was a friend to many. I always knew I'd be able to catch up with him on occasion at the Village Starbucks. . Sister Overton grew up in Tuscumbia and lived most of her life in Florence. We will always remember him fondly as a fellow Friend of Bandy Field. Hannah was less impressed, given that Larrywho, at sixteen, was an enthusiastic fan of Christian punk rockwas sporting a nose ring and a blue mohawk. At 4 a.m., she reports to the laundry, where she folds shirts and hands out clean clothes to inmates. Within hours of Andrews arrival at the hospital, the Overtons home had been searched, and soon more facts seemed to bolster the notion of abuse. When they took him along on errands, they had to keep him from eating the old gum and cigarette butts he found on the ground. The court ruledher trial lawyers were ineffective, and sent her case back to be retried. Michael, who had been born prematurely, was severely impaired; he had cerebral palsy, was blind, and could not walk or talk. The defendant has portrayed herself as a nurturing Christian woman, Eastwood proclaimed. Hannah liked the tall, serious-minded student who shared the same hopes she had of creating a life centered on children and Christian outreach. But there were many other things she had missed from behind bars. He soon lapsed into a coma. The thoughts and prayers of your co-workers are with you and your family. Daniel Vaughn is the countrys first barbecue editor, and he has eaten more barbecue than you have. But former Nueces County District Attorney Mark Skurka charged Overton a second time for murder after her release. Funeral service for Wendell Leon Overton, 81, of Cullman, will be 11:00 a.m., Wednesday, November 24, 2021 in the Cullman Funeral Home Chapel. A colleague of mine who attended the trial told me that the prosecution described Andrew again and again as a normal child, and that is a great distortion of the truth. Larry, who was sitting behind her, broke down.
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