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State vs. Dorsey heads to the jury

News

November 3rd, 2021 by Ric Hanson

(UPDATE: 4:30-p.m., 11/3: Jury released for the evening. Will return 8-a.m. Thursday to resume deliberations)

(Atlantic, Iowa) – The fate of a Cass County woman charged with Murder in the 1st Degree and Child Endangerment – Resulting in Death, is in the hands of the jury. The case was turned over to the 12 members at around 1-p.m, Wednesday, after the Prosecution and Defense attorneys made closing statements, followed by a rebuttal to the defense closing argument.

Alison Dorsey, of Anita, has pleaded not guilty to both charges associated with the death of 11-week-old Luka Hodges, whom she cared for at a home in Massena, where as many as 11 children stayed at some points in time, including the day Luka suddenly stopped breathing. Prosecutor, Iowa Attorney General 3 Monty Platz, presented his closing statement Wednesday, saying that Luka “Should have had a fighting chance…he should be here alive.” He characterized Dorsey as being less than truthful or at least accurate, in her account of what happened Oct. 7, 2019.

Platz also tried to debunk testimony/theories by some experts last week (who are not pediatric doctors), that Luka’s death was not caused by Shaken Baby Syndrome (SBS), when five other experts suggested the injuries the child suffered could not have occurred any other way. The jury he said, needed to reconcile those differences. He said “Shaken baby is real.” Platz said Luka’s death was “No tragic accident.”

Defense Attorney DeShawne Bird-sell said the real story, as stated by Defense witness Dr. Dragovic, is that “There is no evidence of a purposeful act.” Dr. Kelly Kruse, who performed the autopsy on Luka, concluded the matter of death was undetermined. Bird-sell said said one of the bigger issues, was the rush to judgement on how Luka’s injuries occurred, leading up to his death, instead of waiting on the full autopsy results.

The jury was sent home at 4:30-p.m. Wednesday, and are set resume deliberations at 8-a.m. Thursday. It’s not clear how long the deliberations may take. The jury has several, lesser degrees of charges that could consider under both Murder in the 1st and Child Endangerment resulting in death charges, including 2nd Degree Murder, Malice aforethought, and of course, acquittal.

KJAN News will be there when the verdict is handed down in Cass County District Court.