Story Created:
Nov 5, 2009 at 12:36 AM CDT
Story Updated:
Nov 6, 2009 at 1:37 AM CDT
HERRIN, IL - A local mother is making it her mission to fix what she says is a broken justice system. Peter Kerrigan of Herrin, Illinois was convicted of shaking 22-month-old Brynden Gibson to death three years ago. Kerrigan was sentenced to ten years in prison Friday. With good behavior he could be out in less than three.
Kerrigan was originally charged with first degree murder and aggravated battery, but in a plea agreement his sentence was reduced to involuntary manslaughter.
His sentence was reduced because of a technicality. The expert witnesses who conducted Brynden's autopsy would not testify in court. States attorney's were forced to drop first degree murder charges to involuntary manslaughter. The victims mother is upset. "I felt devastated. I felt lost. I felt failed by the system you know more importantly they let my son down. A system that said we won't let you down," but Rebecca Gibson feels not only let down but betrayed by that system.
Her son was rushed to a St. Louis hospital where he died December 12, 2006. St. Louis County Chief Medical Examiner Dr. Mary Case examined the boys damaged brain. Williamson County States Attorney, Chuck Garnati asked Dr. Case to testify in court because he needed her expert testimony to pursue a first degree murder charge.
"I told him I would appear if I was subpoenaed, but I did not because I do many of these examinations. I don't like to have to go to court for every time that I examine one of these brains," said Case.
Garnati's office sent multiple subpoenas, but claims Dr. Case and others dodged them. His assistant Lisa Irvin said, "We did not back down on this. This was the best resolution we can have."
Rebecca Gibson believes the breakdown between the St. Louis medical examiners and Garnati let her sons killer get away with murder. "I'm at a point to where I want to fight and I'm going to fight. I'm going to fight for my son. I'm going to fight for the other babies. It's not just about us anymore. It's about everybody," said Rebecca Gibson.
She expects to talk with Representative John Bradley next week to work toward improving communication between medical examiners and lawyers. Rebecca Gibson hopes to make a change so that her son will not have died in vain.
Illinois has some of the strongest laws in the nation against adults who shake babies. Offenders can be charged with first degree murder and aggravated battery.
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Anonymous said on Thursday, Nov 19 at 12:51 PM
PS I can get you lots more lots. People should be aware.
32360986Anonymous said on Thursday, Nov 19 at 12:49 PM
http://tinyurl.com/ykczquy Heres one from the inconsiderate Moron. The Dutch health institute RIVM has stopped the distribution of a batch of Pfizer's Prevnar childhood vaccine following the death of 3 babies shortly after being vaccinated. The vaccine [?lot] has been labeled 'do not use' and new supplies have been made available to doctors. The exact cause of the death of the infants is
32360821BRYNDEN'S MOMMY said on Tuesday, Nov 10 at 11:30 PM
LET ME 1ST START BY ADDRESSING THE VACCINES, WELL MY SON WAS NOT VACCINATED IN ALMOST A YEAR DUE TO HIS AGE. BABIES WHO SUFFER SBS SUFFER FROM SOME OF THE FOLLOWING RETINAL HEMORAGGING, BLOODCLOT, SUBDERAL HEMATOMA, AS WELL AS MANY OTHERS. I FEEL UNLESS YOU HAVE BEEN AFFECTED BY SBS PERSONALLY I DON'T THINK ANYONE IS EDUCATED ENOUGH ON IT UNLESS EXPERIENCING IT 1ST HAND. I KNOW WHAT THE DOCTORS TOLD ME, THEREFORTH YES A MURDERER IS GETTING AWAY AFTER SERVING A LITTLE OVER 2YRS. BRYNDEN'S MOMMY
31921966Silvermaran said on Friday, Nov 6 at 4:27 PM
I am not saying this is or this isn't a case of shaken baby. What I am saying is where are the experts? I know a man who spent 7 years in prison and was released because of the expert testimonies that the baby had absolutely no spine/neck injuries what so ever. He did have severe brain swelling bleeding after ducks gave him 5 vaccines at his first baby visit after being in hosp for 3 months for prematurity. Which would be expected to have at least flexion injuries. He served 7 years for stupid.
31716984Amy Mitchell said on Friday, Nov 6 at 12:43 PM
I am disgusted with our legal system and its amazing to me that drug dealers have got more time in prison then this monster who took Bryndens life. Our judicial system is sending the message that it is not alright to sell drugs but it is alright to murder a child and I ash you how sick is that. I will keep fighting to give Brynden back his voice for he is such a big part of my heart. Rest In Peace Brynden for you will never be forgotten and are loved and missed very much.
31701769confused said on Thursday, Nov 5 at 11:23 PM
The chief medical examiner REFUSED to testify because she was too busy? Wasn't she issued a supeona?? The Courts can hold her in contempt as they sould. She needs a new profession. But I don't think you should call her professional.
31674624voice of reason said on Thursday, Nov 5 at 8:29 PM
ANYONE who would insult this baby and his family by even considering that this is from a "vaccine" is an inconsiderate moron. You are the same person responsible for children in the US dying of infectious diseases due to propagated lies. kthanksbye.
31668276unknown said on Thursday, Nov 5 at 8:07 PM
if he went andd killed the president would he got off so easy hell no the justice system is screwed up put him on death row hes sick whats different he killed a baby and not a president
31667314Anonymous said on Thursday, Nov 5 at 5:54 PM
I am left to wonder why a doctor who just doesn't like to testify in Court, was ever chosen, much less paid, to do any work on such a case... It makes no good sense. Hopefully that area and a lot of other places will re- consider any contracts they have with experts, so this can't happen again.
31661211BRYNDEN'SMOMMY said on Thursday, Nov 5 at 5:45 PM
LET ME 1ST START BY ADDRESSING THE VACCINES, WELL MY SON WAS NOT VACCINATED IN ALMOST A YEAR DUE TO HIS AGE. BABIES WHO SUFFER SBS SUFFER FROM SOME OF THE FOLLOWING RETINAL HEMORAGGING, BLOODCLOT, SUBDERAL HEMATOMA, AS WELL AS MANY OTHERS. I FEEL UNLESS YOU HAVE BEEN AFFECTED BY SBS PERSONALLY I DON'T THINK ANYONE IS EDUCATED ENOUGH ON IT UNLESS EXPERIENCING IT 1ST HAND. I KNOW WHAT THE DOCTORS TOLD ME, THEREFORTH YES A MURDERER IS GETTING AWAY AFTER SERVING A LITTLE OVER 2YRS. BRYNDEN'S MOMMY
31660654fightingfortheinnocent said on Thursday, Nov 5 at 4:48 PM
I just read this story and i am fighting for someone who was accused of killing 23 month old Alyssa Kay Logue in Lebanon Ohio. I want you to visit Youtube.com and watch the video titled lissy and there you will recieve the truth. Shaken baby is a horrible thing.
31657644Anonymous said on Thursday, Nov 5 at 11:02 AM
Lots of debate around vaccines.
31634929IN SHOCK said on Thursday, Nov 5 at 10:38 AM
Technicality or not....he will eventually burn in H*ll!!! Hopefully some time soon.
31633304In Shock said on Thursday, Nov 5 at 10:35 AM
If you have been watching the news about the guy who rapes and murders women and of which 11 bodies have been found....He was sentenced in 1989 for the "attempted" rape of a woman and received 15 years in prison. This animal KILLS a defenseless child, wait infant, and he gets 10 years. Can someone please explain this so I can understand?
31633111Anonymous said on Thursday, Nov 5 at 10:08 AM
That pitiful excuse of a human, Dr. Case, should be in jail for contempt of court - right along side that baby killer, ande she should be fired from her job. Testifying in court is part of her job, & if she doesn't like doing it she NEEDS TO GET ANOTHER JOB!!! I hope she has trouble sleeping at night knowing she was probably responsible for this guy basically getting away with murder. I wish Rebecca Gibson good luck in her quest.
31631166Just Me said on Thursday, Nov 5 at 9:06 AM
It has been shown that some of the babies with "shaken baby syndrome" are vaccine damaged not shaken. More than one person has gone to jail for this and didn't shake the baby, the vaccine caused the damage
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