G
GoldenLeaf74
Guest
By Herbert Lowe
April 4, 2003, 7:34 PM EST
Joseph and Silva Swinton were convicted Friday by a Queens jury and will spend at least 5 years in prison for not seeking pediatric care for their malnourished child, who weighed 10 pounds at age 15 months.
The vegan couple showed no emotion in State Supreme Court in Kew Gardens when the jury forewoman pronounced them each guilty of assault, reckless endangerment and endangering the welfare of a child.
"Tell Ice and Ini that I love them," Silva Swinton -- referring to the couple's daughter, now nearly 3, and son, age 8 months -- yelled to her supporters after Justice Richard Buchter revoked her bail.
Joseph Swinton, who has been in jail since the couple's arrest 12 months ago, made no comments before being returned to his cell.
The couple, both 32, each face up to 25 years when Buchter imposes sentence on May 19. The children are living in foster care.
Prosecutors convinced a panel of nine women and three men that the Swintons acted recklessly and with depraved indifference while feeding Ice a vegetarian-styled diet with too little protein and calcium. Authorities seized Ice from the Swinton's home in Queens Village on Nov. 16, 2001.
Doctors testified that Ice was at risk of heart failure or seizures because she was fed only ground nuts, fruit juice, herbal tea, cod liver oil and a liquid mixture of potatoes, sweet potatoes, plantains and fresh vegetables.
The baby had no teeth, had rickets and was too weak to move her arms and legs or even cry, witnesses testified.
"Their verdict speaks for the community on what are the limits to what can be done to a child," Assistant District Attorney Eric Rosenbaum said. "The child was on the brink of death, and that's what the experts testified to."
Silva Swinton testified that Ice started eating soy baby formula when she was 4 months old after a commercial formula made the child sick.
Prosecution witnesses also testified that a healthy baby typically weighs about 23 pounds and rarely less than 19 pounds.
Ice has gained weight but may have permanent brain damage, prosecutors said.
Defense attorneys argued that the Swintons were loving parents unaware that Ice's diet was so harmful. The defense also challenged medical records from two hospitals as inaccurate and evidence of malpractice.
The jurors declined to speak with reporters after the verdicts were announced after 20 hours of deliberations over three days.
Sources who spoke with the panel said members felt that Silva Swinton showed no remorse and an air of superiority during her eight hours of testimony, and that the defense case otherwise lacked credibility.
"It wasn't justice in this case," said Christopher Shella, who represents Silva Swinton. "It's beyond belief what happened here today."
Ronna Gordon-Galchus, who defended Joseph Swinton, said, "These parents were anything but indifferent. What they did for their child they believed was in the best interest of their child."
The defense attorneys said their clients would appeal the convictions.
http://www.newsday.com/news/local/newyork/nyc-vegan0404,0,3949458.story?coll=ny-nynews-headlines
April 4, 2003, 7:34 PM EST
Joseph and Silva Swinton were convicted Friday by a Queens jury and will spend at least 5 years in prison for not seeking pediatric care for their malnourished child, who weighed 10 pounds at age 15 months.
The vegan couple showed no emotion in State Supreme Court in Kew Gardens when the jury forewoman pronounced them each guilty of assault, reckless endangerment and endangering the welfare of a child.
"Tell Ice and Ini that I love them," Silva Swinton -- referring to the couple's daughter, now nearly 3, and son, age 8 months -- yelled to her supporters after Justice Richard Buchter revoked her bail.
Joseph Swinton, who has been in jail since the couple's arrest 12 months ago, made no comments before being returned to his cell.
The couple, both 32, each face up to 25 years when Buchter imposes sentence on May 19. The children are living in foster care.
Prosecutors convinced a panel of nine women and three men that the Swintons acted recklessly and with depraved indifference while feeding Ice a vegetarian-styled diet with too little protein and calcium. Authorities seized Ice from the Swinton's home in Queens Village on Nov. 16, 2001.
Doctors testified that Ice was at risk of heart failure or seizures because she was fed only ground nuts, fruit juice, herbal tea, cod liver oil and a liquid mixture of potatoes, sweet potatoes, plantains and fresh vegetables.
The baby had no teeth, had rickets and was too weak to move her arms and legs or even cry, witnesses testified.
"Their verdict speaks for the community on what are the limits to what can be done to a child," Assistant District Attorney Eric Rosenbaum said. "The child was on the brink of death, and that's what the experts testified to."
Silva Swinton testified that Ice started eating soy baby formula when she was 4 months old after a commercial formula made the child sick.
Prosecution witnesses also testified that a healthy baby typically weighs about 23 pounds and rarely less than 19 pounds.
Ice has gained weight but may have permanent brain damage, prosecutors said.
Defense attorneys argued that the Swintons were loving parents unaware that Ice's diet was so harmful. The defense also challenged medical records from two hospitals as inaccurate and evidence of malpractice.
The jurors declined to speak with reporters after the verdicts were announced after 20 hours of deliberations over three days.
Sources who spoke with the panel said members felt that Silva Swinton showed no remorse and an air of superiority during her eight hours of testimony, and that the defense case otherwise lacked credibility.
"It wasn't justice in this case," said Christopher Shella, who represents Silva Swinton. "It's beyond belief what happened here today."
Ronna Gordon-Galchus, who defended Joseph Swinton, said, "These parents were anything but indifferent. What they did for their child they believed was in the best interest of their child."
The defense attorneys said their clients would appeal the convictions.
http://www.newsday.com/news/local/newyork/nyc-vegan0404,0,3949458.story?coll=ny-nynews-headlines