New Braunfels Herald Zeitung (Newspaper) - May 5, 2001, New Braunfels, Texas
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Page IO A — Herald-Zeitung — Saturday, May 5, 2001
tration carap or of starvation on the Saharan subcontinent of Africa.
Prosecutor Jane Starnes asked her, “Have you formed an opinion of the cause of (the girl’s) medical condition?”
“Yes I have,” Kellogg said this past week. “Starvation.”
Friday, Kellogg attacked the Weaver testimony given on Wednesday.
Kellogg, who, like the defense expert, never saw the child while she was hospitalized or recovering this past year, said Weaver had made mistakes interpreting medical lab work when she concluded the girl was undernourished but not malnourished, as the prosecution alleges.
“You have to look at a
patient’s entire clinical picture,” Kellogg said.
She cited symptoms of malnutrition, including an enlarged liver, low body fat, swelling of the extremities, brittle hair and abnormal hair growth as well as lab values that she said pointed to malnutrition.
“Did you see in (her) photos and records that she had low body fat?” Starnes asked.
Kellogg answered, ‘Yes.” Starnes asked, “Did she have muscle wasting?” Kellogg said, “Yes, she did.”
Starnes continued, “Does that indicate body wastage?” Kellogg answered, ‘Yes, it does.”
Starnes then led the witness through signs and
symptoms of other illnesses that the defense has said could have caused some of the same results, such as mononucleosis, strep throat or other bacteriological infection.
One by one, the witness ruled them out.
“Have you heard Dr. Weaver say this was a complicated case?” Starnes asked.
Kellogg answered, Yes.” Starnes continued, “Was the treatment complicated?” The doctor replied, “No.” Starnes asked, “What would it have entailed?” Kellogg answered,“Food.” The prosecutor asked, “Do you still feel that based on your review of the record, (the young girl) was at substantial risk of death?”
Kellogg said, Yes,”
In his cross-examination, defense attorney Randy Leavitt pounced on the expert.
“Should a child who is about to die be put in intensive care?” Leavitt asked.
In spite of what witnesses reported of their impressions of her condition, the child never was placed in intensive care.
“If there’s —” Kellogg began to say.
Leavitt cut her off, seeking a yes or no answer, but she said she needed to qualify her response.
You agree with the doctors in this case that she could be treated in a private room?” Leavitt asked.
Kellogg agreed that she did.
Kellogg acknowledged she had not seen records of eight visits the child had with doctors between 1996 and 1998 and that her symptoms conceivably could have been caused by other illnesses.
You told this jury, looked them in the eye and told them that Dr. Kuhl did not check her liver,” Leavitt said, pointing out that the record showed he had felt of her liver, spleen and ordered urine tests in December 1999.
“I think the reason is you couldn’t read his handwriting,” Leavitt charged.
Then Leavitt attacked Kellogg’s orientation toward the prosecution in the case.
“I think we established last week your closeness to the prosecution, that you do testify quite often, quite reg
ularly, for the government. I hope you will be paid —” Kellogg said, “Actually, I’m not usually paid.”
Leavitt replied, “Will you be paid in this case?” Kellogg said, “I hope to get $50 for mileage, coming up here three times.”
Leavitt asked, “Will you receive any other pay?” Kellogg said she would not. But the organization she works for, the Child Advocacy Center, would bill the prosecution $3,000, she said.
Monday, 26th Judicial District Court Judge Billy Ray Stubblefield will instruct the jury, and attorneys for both sides will conduct closing arguments.
Jurors could get the case by Monday afternoon.
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