State v. Long

A-16-0888, State of Nebraska v. Anthony R. Long (Appellant)

Original Trial Court:  Fillmore County, District Court Judge Vicky L. Johnson

Attorney for Anthony R. Long (Appellant):  Lyle J. Koenig (Koenig Law Firm)

Attorney for the State (Appellee):  Douglas J. Peterson, Sarah E. Marfisi (Attorney General’s Office)

Background: The State charged Anthony Long with intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury. The charges stem from a series of incidents which began on or about April 26, 2014, and culminated on May 31, 2014. The State alleged that on May 31, 2014, Long was alone with his five week old son, Grayson, for approximately 15 minutes when Grayson stopped moving and stopped breathing. Grayson was taken to the hospital where it was discovered that he suffered from serious injuries to his brain and had multiple broken bones. Some of these injuries were acute and had occurred very recent in time to Grayson arriving at the hospital. Other injuries were a few weeks old.

Long was interviewed by police. During the interview, he admitted that immediately prior to Grayson stopping moving and breathing, he had squeezed Grayson and hit Grayson in the head because he would not take his bottle. He also admitted to forcing Grayson’s bottle into his mouth until he gagged. Long told police that this was not the first time that he had hurt Grayson. He stated that he had shaken, squeezed, and hit Grayson on multiple occasions since the time of his birth. He also said that he had previously thrown Grayson onto a bed. After Long spoke with police, he was arrested. Grayson was subsequently removed from life support after doctors determined that he would not recover from his injuries.

At trial, the State presented evidence to corroborate Long’s statement to police. Such evidence included the testimony of Grayson’s mother, Nicole, that Long had been alone with Grayson for short periods of time since his birth. The State presented evidence that Grayson’s injuries were consistent with Long’s explanation of what he had done to Grayson on May 31, 2014, and in the weeks prior to that day. The defense offered expert testimony to demonstrate that Grayson’s injuries were not the result of Long’s actions, but instead, were the result of undetected injuries he suffered during the birthing process and from a brain infection. The State offered expert testimony to disprove the defense’s theory.

After a bench trial, the district court found Long guilty of both intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury. Long has appealed from his convictions. In his appeal, Long raises the following issues:

1. The district court erred in in refusing to appoint an expert on false confessions to testify for the defense. Long asserts that such testimony was necessary to explain his statement to police.
2. There was insufficient evidence to support his convictions based on the presentation of conflicting expert opinions about Grayson’s cause of death.