Prosecution rests, defense files motion for acquittal in DePina trial
By Alana Cerrone
@Alana_Cerrone
PROVIDENCE, R.I. (WLNE) – In the cross-examination of Dr. Christina Stanley, the medical examiner who conducted the autopsy on Aleida DePina’s body, he defense asks if an accident could have caused the blunt force trauma to the intestine that killed her.
"(Defense) Children can also suffer blunt force trauma to the abdomen and get a small bowel perforation from a bike fall isn’t that correct? (Dr. Stanley) Yes."
The defense is arguing a fall from a bicycle in May could have caused her trauma. The prosecution’s last witness, pediatric surgeon Dr. Francois Luks, examined Aleida’s medical records and autopsy report. He describes the peritonitis Aleida had at the time of her death.
"[It] typically is a constant gnawing pain."
He says vomiting is a symptom. It eventually leads to shock, and then death.
Dr. Luks says a direct blow immediately caused that hole in Aleida’s intestine.
Then – his most damaging testimony – he revealed when he thinks it happened in relation to her death. "My impression is this happened within 12 to 24 hours."
The prosecution rested, but lead defense attorney John MacDonald takes issue with the state’s argument.
"Essentially, their evidence is look at these videos look at what Mr. DePina did to his daughter. He must have caused the perforation. More evidence is necessary as it relates to the causation of the perforation in particular."
He says the marks on Aleida’s body that were shown to the jury aren’t related to the fatal injury.
"…and for that I move for a judgment for acquittal."
The judge will rule on the motion on Monday morning. If she denies it, the defense will call its witnesses to testify.
(C) WLNE-TV 2018
