I have purposely left the names of the children and mother out. The "mother" and "girlfriend" are the same person throughout this story. Their names aren't important and they have been through enough.

I never would have thought that it could happen to me. Being falsely accused of a crime you didn't commit has got to be the second most horrifying experience anyone can go through. The death of a child being the first.

My story actually covers a span of over nine years. It all started on September 18, 1991.

I was at my home in Antwerp, NY with my girlfriend and her two daughters. I had just come around the corner of the garage when I saw the 14-month-old baby being knocked down by my father's dog headfirst from the deck of my trailer onto a concrete slab. I took her inside and had my girlfriend call the sheriff's department. The ambulance took her to a hospital in Watertown, NY. Due to the severity of her injuries, she was transported to a hospital in Syracuse, NY, where she died the next day.

She was pronounced dead by Medical Examiner Humphrey D. Germaniuk, who made the determination that the child's death was a result of the injuries suffered in a fall. Jefferson County officials accepted the Medical Examiner's findings.

NINE YEARS LATER

December 27, 2000. My girlfriend and I now have had a son who was born in 1996. Her son and daughter were also living with us.
My sister was visiting from Pennsylvania at the time and had gone with me that morning to Fultonville, NY, to pick up my son from a previous marriage, who was coming to visit from Massachusetts.

While we were gone, my girlfriend stayed at the house with the children. The older two had had friends come to visit.
At 10:30 am, Investigators Mary Clark and George Briggs came to the door and told her that they would like to speak to her about the accident that happened nine years ago. They told her they would like to take her to the police station in Pamelia, NY, for more questioning. She was reluctant to go and leave a house full of teenagers with a 4 year old, but they told her that it wouldn't take very long. Ten minutes after they left, three state troopers; Investigators Lyle Baxter, John Fallon and Ed Marecek; and social service employee, Maureen Gilligan, were at the door and started asking the children questions. This left our four-year-old son with five teenage children.

I called at noon to check on things at home. Her 12-year-old daughter answered the phone and informed me that the police had come and taken her mother away. When I asked her why, she said it was because of the baby's death nine years ago. I then asked where the four year old was. She said that he was here at the house with the other children.
The children's mother still was not home when I called at 1:30, and again at 2:30. At 3:30 she still was not home so I called the State Police Barracks. I asked if they were done with her yet, and I was told that they were. I told them that I would be there in about 45 minutes to pick her up as I was in Lowville, NY at the time.

I arrived around 4:00 and told the person at the desk who I was and why I was there. I was told that someone wanted to talk to me. Two investigators, Paul Lazarus and Kenneth Dence, came out and took me to another room. On our way, I asked if I needed an attorney and I was told, "No, they were just going to ask a few questions to try to clear this all up."
After being left in a room, Paul Lazarus went out and told my sister and son, who were out in the car waiting for me, that I was going to be kept for a while for questioning and that they should go on home. My sister asked how I was to get home and Detective Lazarus said they would bring him home. My sister then informed Detective Lazarus that, "You have a severe diabetic in there and he will need food soon."

Detective Lazarus responded as he walked away, "Yes, we know. We informed him" (meaning me, we still can't figure out what he meant).

It appears that the events that led up to this was due to a revised death certificate by Onondaga County medical examiner, Dr. Mary I. Jumbelic, that listed the death of the child from an accident to homicide. She and Dr. William Hannan belong to a group called Onondaga County's Child Review Team that was started in 1998. Dr. Hannan worked on the 14-month old child in 1991 and was never convinced that it was an accident.

Dr. Jumbelic claims that Dr. Hannan's involvement was critical to bringing the child's case back to life. That they (the Child Review Team) acted on Dr. Hannan's specific request. But Dr. Hannan claims his concern for the child didn't drive the group's reconsideration of the causes of her death.

It was at this point that Dr. Mary I. Jumbelic came up with the theory of "shaking impact injury." She said that it is consistent with a car accident or falling off a 2nd story building headfirst. Dr. Hannan said the exact same thing, as if it were rehearsed.
Since my arrest, I have heard the same exact comparison made with every SBS or "Shaking Baby Syndrome" case. Car accident or falling off a 2nd story building.

From this point on, the DA, Cindy Intschert, the New York State Police, Jefferson County DSS and CPS, and the doctors had one focus. That the baby was shaken violently.

INTERROGATION

During the interrogation, all I could think about was the pain that my girlfriend went through nine years ago. I asked several times where my girlfriend was. They kept telling me that they didn't know where she was. Finally I asked how they could not know with the way they communicate with each other. There was no answer from either investigator.

While this was going on, my girlfriend was taken, without my knowledge, to Oneida, NY, for a polygraph test (she was actually already gone before I got to the police barracks in Pamelia--so they had no intention of releasing her at that time, but told me I could pick her up, just to get me there). I guess the investigators didn't like her story of what happened; even though, it was consistent with what she told nine years before. She was finally taken home at around 11:30 p.m. She was kept from home for 13 hours.
During my interrogation, I kept telling the investigators, Lazarus and Dence, that I was concerned about the whereabouts of my girlfriend, the children, and the care of my 4-year-old son. They gave me no answers.

I was told that a statement was needed. That I could be charged with manslaughter or criminally neglect homicide, but the statute of limitations had run out on both of them.

So, I gave them the statement of the child falling off the steps. They told me that it was wrong and that something happened on the lawn mower (I had been mowing the yard that day) and that was the statement they wanted. They kept insisting that the baby was shaken violently and thrown from the lawn mower. This was the first time that I heard of shaking a baby and the comparison of a car accident of more than 40 miles an hour or falling off a 2-story building.

I was under the impression that I couldn't leave until they were satisfied with a statement. I had just picked up my teenage son from Massachusetts in Fultonville, NY, to spend the rest of the holiday with. I was worried about my girlfriend and what she was going through. And I was worried about the children being home alone with the 4 year old.
After the investigators kept insisting that I couldn't be charged with anything, I didn't really care what they thought of me, as long as I could go home and get my girlfriend home. So I signed their statement, even if it was wrong.

I sat there for about an hour with BCI investigator Patrick Hathaway. I asked him why I was still there. He told me that the DA needs to look at the statement. The next thing I know I'm being finger printed, handcuffed and taken across the parking lot to be arraigned in Pamelia town court.

I was being charged with depraved murder (murder 2). After which Patrick Hathaway and another State Trooper took me to Jefferson County Jail. On the way there, I asked Hathaway how they could arrest me when I gave them the statement that they (Lazarus and Dence) wanted me to give.

I ended up spending twelve days in jail because of someone's theory and opinion.

During the interrogation, my family members were desperately trying to call the State Police to get through to me. But, the police kept putting them off and finding excuses for them not to talk to me. They even had obtained an attorney, but couldn't get through to me to let me know. When police did finally let me talk to them, it was too late. I told my sister to bring my insulin to the courthouse in Pamelia.

Later, my sister, Donna, called the State Police to ask where my girlfriend was and they still wouldn't tell where she was. So she told them that she would like to file a missing persons report. Then they finally admitted that they had her and said she would be home soon.

It amazes me how much they lied.

While In Jail

Watertown Daily Times photo

While I was in Jail, my family was seeking what to do next. Former Sheriff Donald Newberry, who is my Uncle, had contacted the attorney, Gary Miles, who was Jefferson County District Attorney at the time of the accident. Gary, at this time had come into his own private practice and was a criminal defense attorney. After my family met with Mr. Miles, we decided to ask him to defend me. He said that he would and told them the first thing we need to do is get me out of jail.

Gary met with me in jail and asked me what happened; and, of course, I told him and then he told me that we need to get me out of there.

On January 3, 2001, was my preliminary hearing. The Sheriff's department picked me up at the jail and took me to the Pamelia Town Barn where the town court is. The cameras and reporters were there to watch me walk from the car to the town barn. Once inside, Gary Miles informed us that the current Jefferson County District Attorney, Cindy Intschert, had a problem with Gary representing me.

She told Gary that if he represents me that she could bring charges against him arguing that "he had a conflict," due to the fact that he was the district attorney at the time and was at the scene. Gary didn't want to take the chance of being barred or charged with a misdemeanor; but more importantly, he did not want to do anything that could jeopardize my case, so the preliminary hearing was waived.

The part that bothers my family and me is that Mr. Miles left Ms. Intschert in charge of the investigation in 1991, so she was also at the scene and she agreed with Mr. Miles that it was an accident.

Mr. Miles did, later on, ask for an opinion from the state Bar Association Committee on Professional Ethics. As I recall, they told him that it might be best if he didn't represent me.

I was released from jail on January 8th 2001 on $50,000 bail.

THE HUNTLEY HEARING

Since Mr. Miles was unable to represent me, he introduced me to defense attorney, Mr. James R. McGraw, a former partner of his from Syracuse, NY. The family, Mr. Miles and myself met with Mr. McGraw. He said he would take the case and so we hired him as our defense attorney.

In October 2001, a Huntley Hearing was held at the Jefferson County Courthouse, to determine whether the statement I signed in December 2000, could be used in the trial. At the time of my arrest, as mentioned before, I did not have my insulin with me; nor did I have my blood pressure pills, which I am to take every 12 hours. I also had had nothing to eat since lunch; and I had a number of prescriptions that needed to be refilled. So the detectives had me call in my prescriptions from the police station to my pharmacist; and my sister and father brought my insulin out to the jail. I was kept in the infirmary of the jail to watch my sugars, as I'm prone to low sugar attacks. The Prosecution thought this would be my defense for signing the statements. Ms. Intschert first called the pharmacist I talked to and asked if I was coherent in calling in my prescriptions, and he stated that I was. My attorney, Mr. McGraw, did not ask the pharmacist any questions. (My attorney had no intention of using this as a line of defense.) He focused more on the detectives and the methods they used in questioning me and "tricking" me into signing the statement.

After the pharmacist, three detectives were put on the stand and questioned by both attorneys. First, was Detective Paul Lazarus questioned by the D.A. She questioned him regarding my medical condition and his response was that I was fine. Then she questioned him about my concern for the children and their mother and his response is that I showed no concern at all. Her last line of questioning had to do with whether my rights had been read to me, which they were, and I denied representation.

Mr. McGraw cross-examined Detective Lazarus. He asked Detective Lazarus why it was explained to me about manslaughter and criminal neglect, but not about depraved murder? There was no coherent response. He then questioned him about why I wasn't taken into an interrogation room where there were cameras and/or a tape recorder. Detective Lazarus hesitated and Mr. McGraw asked him if he had heard of a tape recorder? It was very apparent that Detective Lazarus was very nervous, shifting in his chair and drinking lots of water; but he had no response so Mr. McGraw just turned and went back to his seat saying he had no more questions for this witness.

Next was Detective Kenneth Dence whose testimony went much the same as Detective Lazarus'.

The third was BCI investigator, Patrick Hathaway. Detective Hathaway sat with me while the signed statement was brought to the D.A.'s office. The D.A. questioned Detective Hathaway about my demeanor during the time he was with me. Again, questioning my coherence; and Detective Hathaway had nothing more to say or to add.

It was later ruled that the statement could be used in the trial.

THE TRIAL

Before the trial started, I was offered three plea bargains from the D.A. First, I was offered 5 years in prison, plus 5 years probation for criminal neglect homicide. Second, I was offered 3 years in prison and 5 years probation for first-degree manslaughter. Last, I was offered 1 year in county jail, plus 3 years probation for third-degree manslaughter. I was not guilty of anything, so I wanted to go to trial to prove my innocence. I also wanted to prove to Family Court Judge Hunt that I was innocent, otherwise, he would never let me see my son without supervised visits.

December 12, 2001. Judge Kim Martusewicz was presiding. Trial began with all EMT's from 1991. To sum up, they mentioned the bruising on her forehead and upper arms, but nothing around her ribs.

The mother of the child who died was next on the stand. She testified that I was a good father and provider and that I never abused the children. Mr. McGraw brought out the fact that I had brought her out of a relationship with an abusive husband. This showed the jury that she was familiar with what abuse was.

The investigators were next on the stand. Detective Lazarus was first. The same line of questioning was asked at the trial as was asked at the Huntley Hearing. He continued to say that I showed no concern or made any mention of the children or my girlfriend. Mr. McGraw asked again about the interrogation room; but I can't remember his response at the trial. Next, Detective Dence took the stand. When he was asked about the interrogation room this time, he stated that the whole thing was planned out ahead of time--they were determined they were going to get a statement from someone, either myself or my girlfriend. Mr. McGraw asked him if depraved murder was ever explained to me and Detective Dence told him that he assumed that I understood. Mr. McGraw then said to him that Mr. Pickert is a truck driver by profession, how much do you know about truck driving? Detective Dence said that he knew nothing about being a truck driver, so Mr. McGraw asked then how Mr. Pickert would know about depraved murder. Detective Dence also mentioned that I did ask several times about my girlfriend. At this point, Detective Dence's testimony was in conflict with Detective Lazarus' testimony; and in conflict with his own testimony at the Huntley Hearing.

BCI investigator Hathaway was next on the stand, and he just stuck to his story of me saying to him "I don't know how they can arrest me when I didn't mean to hurt the baby."

Next was Medical Examiner Dr. Mary I. Jumbelic. She was asked by the DA of what she found in the autopsy report and her opinion of it. Dr. Jumbelic basically told that the autopsy report showed signs of shaken baby syndrome--The swelling of the brain and other details. During the cross, Mr. McGraw asked her several times if the injuries were consistent with falling into a four foot pool. The deck the child fell from was four foot from the ground. He asked her the same question several times, her response each time was, "No, because when falling from a pool, you fall from ground level." She obviously did not want to answer the question.
It appears that there was a seminar of a child being video taped and had a fall. When Mr. McGraw asked her if she was at the seminar, her reply was that she couldn't remember.

The prosecution next called Dr. Hannan. He was the emergency room doctor that tended to the baby and was also on the Child Review Board with Dr. Jumbelic. He agreed with Dr. Jumbelic, that the baby died of shaken baby syndrome. He was working at the hospital at the time that the original medical examiner, Dr. Germaniuk, was working in 1991. Dr. Hannan testified that he wasn't satisfied with Dr. Germaniuk's report in 1991.

The next person called was Investigator Gary Corbett. His was there in 1991, and testified about the pink outfit the child was wearing at the time of the accident. He stated that there were no grass stains on the outfit. It was in the statement that the child was thrown from the lawn mower onto a freshly mowed lawn.

December 14, 2001. Dr. Humphrey Germaniuk took the stand. He was the original medical examiner in 1991. He stuck to his original autopsy report that the markings on the child's body coincided with falling down a few stairs. He stated that he had also gone to the seminar on shaken baby syndrome and had seen Dr. Jumbelic there. At this seminar they were told of a videotape of a child playing on an indoor jungle gym and fallen to the floor from the top of it. The injuries that child sustained were similar to the ones my girlfriend's daughter had sustained.

After Germaniuk's testimony, court was adjourned because I had a sugar attack and was taken to the hospital.

December 17,2001. Defense held their side. I was the only one on the defense so I was called to the stand. Mr. McGraw asked how my girlfriend and I became involved. I stated that I had taken her out of a relationship with an abusive husband. My relationship with the children was asked about and I said that I had a good relationship with them until I was taken out of the home. I was questioned about the day of the accident and also the day of the interrogation. This was the point where evidence was brought in to prove that I did show concern about the whereabouts of my girlfriend and the children. Mr. McGraw showed the cellular phone bill for that day, which showed how many times I called home and the police station. This showed that the investigators stating that I showed no concern for my girlfriend were wrong.

I was then cross-examined by Ms. Inschert. She tried to make me angry to prove that I had a temper. Before I went on the stand, Mr. McGraw warned me that she might do this. I was told to try not to get upset, and to tell the truth. She kept this tactic up for over an hour.

Later that afternoon, prosecution called back the three investigators. They wouldn't change their testimonies. But Mr. McGraw proved that they had been lying. He had a phone bill to prove that I had called the house and police station, on the day I was arrested, to check on my girlfriend and the children.

I found out later that Ms. Inschert also called back the mother, but she told her that she is not going to change her story.
Mr. McGraw's closing argument was short but to the point. He basically told the jury to please look at the facts.
Ms. Inschert's closing argument was very long. She seemed to go through the whole trial. She started with the same old line that I think every prosecutor does, "the burden of proof is on the prosecution."

The next few hours were the most intense hours of my life!

THE VERDICT

After about two to three hours, the jury was back with a verdict. Mr. McGraw told us that he thought it might be too soon and told me to prepare for the worst.

When Mr. McGraw told us that, you could have heard a pin drop in that room. We were all in the front hall at the top of the stairs when he told us. My family members and friends were the only ones there. I know everyone was thinking the same thing. Did we do the right thing? Should I have taken the plea bargains? Will I ever see my kids again? I was scared.

At one point, Investigator Mary Clark, who took my girlfriend out of the house in the beginning of all of this, was walking up the stairs, when she saw my family at the top, she turned around and went back down. They put me through this hell and she didn't even have the guts to face my supporters. Just amazing.


NOT GUILTY! Two of the best words I've heard in a long time. As soon as it was read, Mary Clark ran out the back door of the courtroom and I never saw her again. My Aunt Vicki (Newberry) screamed in joy, Mr. McGraw thanked the Jury and so did I. Everyone was hugging and kissing. I thought for sure Judge Martusewicz would call us to calm down, but he never did.
My uncle, former Sheriff Don Newberry, was especially excited. Not only was he excited for me, but the justice system that he so much believed in works. If it wasn't for him, I don't think I would have had the courage to get through this.

Of course, the reporters were there to interview everyone. I would talk in front of one camera while my attorney would talk in front of the other. By the time we got back to Antwerp, NY, everyone had already heard about it. Both Watertown, NY, television stations had the verdict scrolling across the bottom of the screen within minutes after it was read.

We went back to my father's house and there were people already there, to congratulate me. The phone was ringing all night, and there were messages on all of our answering machines. The support I had was remarkable.

LOOKING BACK

In 1991, just before the death was ruled an accident, Senior Investigator Robert S. Cook, of the state police Bureau of Criminal Investigation at Watertown, said, in the Watertown Daily Times, he hopes the findings will end some of the rumors and innuendo that have been going around about the death.

Capt. Joseph F. Loszynski, Oneida Troop Headquarters, said, "There are two very grieving individuals there."
The trauma that the mother, the children, and myself went through in 1991 was tremendous. It took years to come to terms with her death. Although, one will never get over it.

But, to bring it all back up again is just plain greed and sick!

Not once have there ever been any reports of child abuse in this family of myself or of the mother within the nine-year period (or before this or after this.) So this could not be the reason why.

Dr. William Hannan, the emergency room doctor, claims that this case bothered him. So why did he wait nine years? Why didn't he talk to medical examiner Dr. Germaniuk before now? Maybe Dr. Germaniuk would have explained why he ruled it an accident.
Dr. Mary I. Jumbelic. I just don't get it. Does she see herself as some kind of hero? Does she make a practice of bringing up old cases? She almost ruined my life and my loved ones life just because of her "theory" and "opinions." She never even saw the body!
Further more, why didn't the DA, Cindy Inschert, contact Dr. Germaniuk in the beginning instead of waiting until the trial? Maybe she could have saved the taxpayers a lot of money if she did. Instead she chose to go with an "opinion."
The investigators. They were on a mission. Their mission was to get a statement. From either my girlfriend or me. Didn't matter to them. And they were prepared to do anything. Lie, isolation from loved ones and the outside world, and keep me guessing of where they have my girlfriend.

The television stations went around interviewing some of the people in Antwerp right after I got arrested. One of them summed it up perfectly.

"It seems that the only ones that think Frank did this, are the authorities."

Frank G. Pickert

To see more of what happened, including the DSS and Family Court, please visit http://www.geocities.com/frankpickert/

Terms of Use | Disclaimer