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Fairfax man acquitted in death of infant son

A Fairfax County jury on Monday acquitted a father in the death of his infant son in their Springfield home.

Elmer J. Midence, 39, was found not guilty of murder and child abuse charges. His eight-month-old son Albert died in March 2009. Midence called 911 and told the dispatcher that he was in the shower with the baby, slipped and fell.

Doctors at Inova Fairfax Hospital told police that Albert's brain injuries were not consistent with a fall. Paramedics told investigators the shower, and the father and son, were dry when they arrived.

Fairfax Deputy Public Defender Dawn Butorac lined up Georgetown neurosurgeon Ronald H. Uscinski to testify for the defense. Uscinski is a renowned opponent of doctors who diagnose "shaken baby syndrome." Fairfax prosecutors have lined up their own battery of experts to convince the jury that Albert was fatally shaken.

-- Tom Jackman

By Washington Post editors  |  March 15, 2010; 3:58 PM ET
Categories:  Fairfax , From the Courthouse , Tom Jackman  
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