A Humble Reminder ...

... that life is precious and not to be taken for granted. I feel like I hear these stories more than most people do (likely by virtue of my livelihood), but they never cease to shake me up:

An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.

Jeffrey Fairbanks was charged with murder and Level 1 felony neglect of a dependent resulting the death of his infant daughter, Janna. He told Indianapolis police he had placed a pillow over Janna’s face because she was crying but he then quickly removed the pillow and fed her. A short time later, he said, he and the baby fell asleep but when he awoke, she was dead.

The state filed notice of intent to admit 404(b) evidence that Fairbanks had placed a pillow over Janna’s face on at least two prior occasions. Also the state wanted to admit statements from Janna’s mother two other daughters, A.G. and E.M., about seeing Fairbanks place a pillow over the baby in the past and hearing “muffled cries.”

However, Fairbanks filed a motion in limine seeking to prohibit the introduction of the evidence, claiming it violated Indiana Evidence Rules 404(b) and 403.

The Marion Superior Court denied Fairbanks’ motion.

In its closing argument, the state told the jury Fairbanks “smothered Janna with a pillow. He caused her to suffocate and die.”

The jury found Fairbanks not guilty of murder but guilty of Level I felony neglect. He was sentenced to 30 years in prison.

One life ended; one life consigned to a prison cell; at least three more lives (the mother and two siblings) irreversibly damaged. Hug your kids tonight; I know I will be hugging mine.