HOME TABLE OF CONTENTS SEARCH DISCUSSION FORUMS CONTACT US GUEST BOOK CHAT ROOM
International Myotonic Dystrophy
Organization
|
HOME TABLE OF CONTENTS SEARCH DISCUSSION FORUMS CONTACT US GUEST BOOK CHAT ROOM
|
|
Sections
|
Gentrys jailed in child's death Prosecutor: Disability can often hide abuse This story appeared in the Antelope Valley Press July 7, 2000 By ALAN SCHNEPF Valley Press Staff Writer VAN NUYS - Michael and Kathleen Gentry drew prison sentences of six and four years Thursday, respectively, a month after a jury found them responsible for the 1996 death of their 15-year-old disabled daughter, Lindsay. Superior Court Judge John Fisher could have sentenced the couple to 10 years each, but said part of the blame for Lindsay Gentry's demise lies with her healthcare provider and social workers. Fisher did not elaborate on the difference between the two sentences and denied requests for a new trial. The couple already have spent 492 days in jail and will be eligible for parole when they have served half of their sentences. That means Kathleen Gentry could leave prison after serving 238 days, or slightly less than 7 1/2 months, while her husband could leave after 603 days, or just over 20 months. Fisher handed down the sentences separately after the couple was transported to court from jail on different buses Thursday. They have been in custody since being found guilty of involuntary manslaughter, child endangerment and criminal conspiracy June 6. The couple also spent time in custody during their first trial in 1999. That trial resulted in a hung jury. Michael Gentry, outfitted in a blue jail jumpsuit, pursed his lips, closed his eyes and looked down as Fisher announced his sentence, maintaining mannerisms he often showed during the trial. Alternate Public Defender Patrick Thomason immediately filed an appeal on Gentry's behalf. When Kathleen Gentry learned of her prison term about a halfhour later, she was obviously distraught. She fought back sobs, but her puffy, red eyes gave away her emotions as she stared down at the table with her head in her hand. Lindsay Gentry, afflicted from birth with a rare neurological disease called myotonic dystrophy, weighed just 44 pounds when she died although she stood 4 feet, 10 inches tall. A central point of the trial - and of the Gentrys' 1999 murder trial - was 15-year-old Lindsay's ability to consume food. The murder trial ended when the jury became hopelessly deadlocked but favoring acquittal, 10-2. During this year's trial, Deputy District Attorney Kathy Cady told jurors the defendants caused their daughter to wither away because they were not ensuring adequate nutrition for the girl, who also was mentally disabled. Defense attorneys argued that the girl's disease made swallowing food a painful ordeal, discouraging Lindsay from eating. They also said her disease weakened and wasted her muscles, contributing further to her death. After Thursday's sentencing, Cady, who prosecuted the couple during both trials, said her office was satisfied with the prison terms. She also said the case should stand as a warning to parents who neglect or abuse their disabled children. "The abuse and neglect they are going through are often masked by the disability," Cady said. About 25 Gentry supporters showed up in court, hoping Fisher would grant a request to overturn the verdict. Although supporters say about 1,000 people signed a petition, it had no legal bearing in court. As Fisher read off the first sentence, the silence and facial expressions of the couple's friends illustrated their dismay. As sheriff's deputies led Michael Gentry away, a sad-voiced supporter broke the rules of the courtroom by talking to the prisoner he had came to support. "We love you, man," he said. Gentry supporter Brock d'Avignon showed up at the courthouse with a 20-foot roll of paper he said contained the 1,000 signatures. Before the sentencing, d'Avignon said even probation - the sentence requested by the Gentry defense team - would have been too extreme because he believes the Gentrys are innocent. "If (the judge) gives probation in the face of something he knows is wrong ... it won't be a satisfactory verdict," d'Avignon said, claiming Fisher should hold the personal belief that the Gentrys are innocent. D'Avignon is a co-founder of Defenders of Caregivers and Parents Nationwide, a group formed in response to the Gentrys' trip through the judicial system. The group was formed to protect the rights of caregivers who are unjustly held responsible for children who die naturally because of their disabilities, d'Avignon said. "These are two good parents," he said of the Gentrys. "If this can happen to them, you have to ask, 'Oh, my gosh, what can happen to me?' " After the sentencing, d'Avignon had not changed his stance. "I learned why the goddess of justice wears bandages," he said. "Her eyes are two festering sores." As he walked away from the courthouse, Kathleen Gentry's attorney, David Houchen, said an appeal will be filed on her behalf but that he probably would not be the one to do it. Houchen said he rarely is involved with appellate matters. He did say, however, that he suspects juror misconduct to be one of the grounds for the appeal. Two jurors were excused from the trial proceedings. One had an agreement with the court to leave if the proceedings had not ended by a specified date. The other juror was excused in the privacy of the judge's chambers, and the reasons behind that action were never disclosed. Under the advice of district attorney spokeswoman Sandi Gibbons, Cady declined to comment on the matter. Houchen was less tight-lipped. "(Being involved) in inappropriate discussions during deliberations is about as close as I can get to it," he said, adding that there "may be evidence of many jurors who were discussing things they shouldn't be discussing. I would guess it's an issue of appeal." For the Gentrys' many supporters, such as Antelope Valley resident Bill Walker, hope remains in the appeals process. Walker, pastor of the Gentrys' church, said the couple was incapable of purposely killing their daughter. "I know Mike always did what was in Lindsay's best interest." Prosecutor Cady said the Gentrys were fooling their friends and fellow church members. "They would see them in a social setting where the Gentrys wanted to portray themselves as very caring and very loving," she said. |
|
HOME TABLE OF CONTENTS SEARCH DISCUSSION FORUMS MAILING LIST CHAT ROOM Don't forget to sign the GUESTBOOK! (Note lots of info here so it may take a minute to open) Also donations to keep us operating are appreciated. Please sign up for the mailing list below.
This page is intended for educational purposes only, to provide an overview of Myotonic Dystrophy for patients, their families, and health care providers. It is not intended to recommend any specific treatment, nor should it be used as a guide for self-treatment. Patients with Myotonic Dystrophy should consult their physician or heatlh care provider before making any changes to their treatment regimen. Send mail to info@myotonicdsytrophy.org
with questions or comments about
this web site.
|