North Adams man, woman get probation after guilty of allowing an injury to toddler in their care
This story has been updated to reflect that Isabella Leger must no longer notify authorities of "any new pregnancies," as part of her probation conditions.
PITTSFIELD — A North Adams pair pleaded guilty Wednesday to not preventing an injury to a then 13-month-old boy, despite evidence of a pattern of abuse.
Isabella Leger, 22 and Brian Jones, 23, were each sentenced in Berkshire Superior Court to two years of probation with conditions including no unsupervised contact with children under 16.
The pair were not charged with causing the child's injuries.
The charges stem from an October 2016 investigation which began after the child was brought to Berkshire Medical Center and then transferred to Baystate Medical Center for treatment of a fractured arm, according to Assistant Berkshire District Attorney Andrew Giarolo.
Leger and Jones were with the child in a caretaking capacity at the time. Jones reportedly heard a thump from the child's room upstairs and when she found him, he didn't appear to be himself and was suddenly favoring his right arm when he normally used his left.
An examination of the child showed the same arm had been fractured about six months earlier and that he had significant bruising on his body. Attorney David Pixley, representing Leger, noted his client had no criminal record and that she was not charged with causing the injuries.
Both Jones and Leger pleaded guilty to one count each of permitting bodily injury to a child. Pixely recommended continuing Leger's case for one year without a finding and argued that medical reports raised questions whether the fracture of the child's arm was a new injury or the aggravation of an old one that hadn't been properly treated.
Jones' attorney, Edmund St. John IV, also argued in favor of his client's case being continued for one year, noting he has been successfully supervised on pretrial probation with no issues and didn't believe there was any added benefit to a longer period of probation, nor the mental health examination the state was seeking to add to Jones' conditions.
Judge John Agostini adopted the state's recommendation noting the seriousness of the charge. He sentenced both to two years of probation with the conditions that neither have any unsupervised contact with children under 16 and that neither do any work or volunteering that would require them to be a caretaker to a child. Leger and Jones are also required to undergo a mental health exam and adhere to any aftercare recommendations.
The child was placed in state custody following the incident and has since been adopted, according to information presented in court.
Bob Dunn can be reached at firstname.lastname@example.org, at @BobDunn413 on Twitter and 413-496-6249.
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