DANVERS — Just weeks before a Danvers man is set to stand trial for what one judge has called “unconscionable violence” inflicted on his baby, another judge is asking whether prosecutors went too far in trying to build a case.
In a decision released Friday, Salem Superior Court Judge John Lu said Daniel Green’s lawyer “raises a valid issue” in arguing that the grand jury presentation may have been unfairly tainted by damaging evidence about other areas of Green’s life. His lawyer contends it was an effort to bolster what was otherwise a circumstantial case.
Green, 29, is accused of shaking his 3-month-old son so violently that the baby has abusive head trauma and is believed to have permanent cognitive impairments. Green is charged with assault and battery on a child with substantial bodily injury resulting,
The incident took place on Nov. 27, 2012, in a room at the Extended Stay America hotel on Route 1, where Green and his wife lived with the baby and his wife’s other children.
That night, the baby was lethargic, according to court papers, and the couple took him to Beverly Hospital.
While medical records have been impounded in the case, motions filed in the case and judge’s decisions show that the baby had been eating poorly and was having difficulty breathing.
The baby, who was born prematurely, was given a nebulizer treatment by his mother, but it did not seem to help. At first look, a Beverly Hospital doctor concluded that the baby appeared well but had some bronchial problems. She expressed concern that the baby had been to the emergency room four times in the prior two weeks and recommended that he be admitted.
While there, the baby began to go into medical distress and was transferred to Children’s Hospital. There, another doctor concluded that the baby had suffered head trauma and bruising due to abuse.