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Bostian Murder Trial – Wednesday Afternoon Summary

January 11th, 2013 by

The afternoon session of day 2 of the Jackey Bostian first degree murder trial for the death of his 7 week old son began at 1:30.

Dr. Jerry G. Jones, from Arkansas Children’s Hospital’s “children at risk” program, took the stand.  He described to the prosecutor that the foot injury, in a child, is often a result of child abuse, since a child that small wouldn’t be “out running in the back yard, and step on something.”  He added that this specific leg injury is also associated with child abuse, because it is usually associated with “yanking.”


At 1:50, defense began their cross-examination of Dr. Jones.  Defense attorney Sara Hartness asked him to clarify his “shaken vigorously” description and his report stating that he couldn’t determine the degree of shaking.  A report was then discussed, where both parents denied there had been any abuse.

The blood in the spinal tap and investigative procedures dealing with families and situations were then discussed.
At 2:40, the state rested it’s case.
At 3:05, the defense called Dr. Chris Martin, who was the DMH ER doctor on the morning of February 8, 2011.  She testified that the child was described “respiratory full arrest” by EMTs as they were nearing the hospital.
 Her records show that CPR had been performed for 30 minutes, and that an “inter- oscio IV” had been inserted into the child’s leg, usually done 1-3 cm. below the knee.
After we resuscitated the baby, we invited the parents into the trauma room, til he was transported to LR, Jackey went in, but Jessica said that it was too much for her.
Dr. Martin also answered that they didn’t notice any injuries to the baby’s head.
She was released at 3:30.
Jackey’s dad, Don Bostian, was called next.  He recalled Phillip Morris telling him on Feb. 2,  at ACH, that they wouldn’t “get a fair shake” there, based on Morris’s accusation from ACH, years ago.  He stepped down at 3:50.
Former Arkansas State Police investigator Clayton Moss was called next to testify briefly about investigative records.  Psychological records for Jessica were not requested or included in the investigation.
At 4 pm, Amber Bostian, Jackey’s sister-in-law, took the stand, and described him as “amazing” when he took care of her children.
At 4:05, Theresa Bostian, Jackey’s mom was called to testify.  She mainly answered  questions about family relationships between Jackey and Jessica and the Morrisses and the Bostians.  Other topics included phone calls from Jessica and questions, which had been asked of other witnesses.
Hartness continued her practice of asking today’s witnesses about their expectations of a possible malpractice lawsuit against ACH (at that tim
She recalled, lWhen they called us to come get Jackey” “we knew they were going to blame Jackey for this.”
At 4:40, Jackey’s brother,David, told the court that he worked with Jackey at a local window manufacturer, and that Jackey’s only trouble at work was having to leave, every time that his wife called.

The court went into recess for the day just before 5 pm.
From the front row, this seems like a tough case, were both sides (and both families) see things differently.
Today, around 60-70 people filled the courtroom, with different families and friends on each side of the room.
Testimony resumes at 9 am, Thursday.

One Response to “Bostian Murder Trial – Wednesday Afternoon Summary”

  1. concerned citizen says:

    everyone is innocent until proven guilty, all involved needs our prayers since it is not for us to judge!

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