Tags:ย Criminal law
Mary L. Jones and Shirley Green were convicted of abusing and maltreating two individuals, resulting in the death of Anthony Lee due to severe malnutrition and lesions caused by severe diaper rash. Jones claimed there was not enough evidence to prove she neglected her duty of care. However, she sought medical advice from a doctor about Lee's health and did not take him to a hospital even though the doctor recommended it. When the police found Lee, he was in a bassinet covered in roaches and severely malnourished. Despite being fed repeatedly, he died 34 hours after admission.
The appellant failed to provide proper medical care for a child, resulting in their death. The jury should have been instructed to find a legal duty of care, which was not done. The failure to instruct the jury on legal duty was a plain error, and the case is reversed and remanded for retrial.