UPDATE - Bailey - Will Resor take the stand?

K. Ronald Bailey knows he's facing a tough decision while defending shaken baby suspect Jeffrey D. Resor he told potential jurors as much this morning in Huron County Common Pleas Court. "One of the decisions I have to make is, 'Does Jeffrey take the stand?,'" Bailey said during jury selection.
Norwalk Reflector Staff
Jul 25, 2010

K. Ronald Bailey knows he's facing a tough decision while defending shaken baby suspect Jeffrey D. Resor he told potential jurors as much this morning in Huron County Common Pleas Court.

"One of the decisions I have to make is, 'Does Jeffrey take the stand?,'" Bailey said during jury selection.

Some jurors might say if Resor doesn't testify, "he has something to hide," he said. If the defendant does take the stand, people might think he's simply trying to "save his own skin.

"The decision is damned if I do, damned if I don't," he said.

His client, Resor, 27, formerly of 33E Bouscay Ave., is accused of shaking 10-month-old Donavan Lykins to death Feb. 24, 2007 while baby-sitting for his then-girlfriend, Gwen M. Herber. The boy died later that day at Akron Children's Hospital.

Resor has been unable to post a $1 million bond at the Huron County Jail on murder, involuntary manslaughter and child endangerment charges since April 12, 2007.

"You might look at this guy and not like him from the get-go. I need to know that," Bailey told the jurors.

Bailey encouraged the potential jurors to be honest with themselves. The defense attorney doesn't want jurors who will answer questions with what he and Huron County Prosecutor Russell Leffler want to hear.

"The good citizen is the one (who) reaches into their heart and looks in every nook and cranny," Bailey said.

Several people said they have small children and didn't think they could be impartial. One nurse said she has "pretty strong feelings" about shaken baby syndrome (SBS).

"I have a 1-year-old daughter and I don't know that I can be impartial," another woman said.

Bailey asked jurors about if they've had experiences with children in the hospital or had first-hand experience of youngsters who stopped breathing.

Thirty-two years ago, one woman held her baby daughter when she stopped breathing and later died.

"There was no reason she stopped breathing," she told Bailey. "You don't forget about it."

The defense attorney gave a preview for what the jurors will experience during testimony over the next two weeks, including pictures of the victim as well as of body parts taken during the autopsy. Summit County Chief Medical Examiner Dr. Lisa Kohler ruled the boy's death was a homicide, adding the infant possibly died of SBS.

"I think you can see the next two weeks will be emotionally draining," said Bailey, who was concerned about people wanting to "just get over with it" after hearing a lot of testimony.

"Your sympathy is going to be with that child," he said. "Even if it's a civil case, you can't follow your sympathy."

The pool of jurors started with 50 about 9:30 a.m. Court administrator Linda Stower said Bailey and Leffler will have a chance to strike four jurors each out of the 22 who are seated to get 12 jurors and two alternates.

"This trial is expected to last two weeks, so we're seating (an) extra alternate. Things happen," Stower said.

The jury - consisting of 11 men and three women - was seated just before 4  p.m. today.

Comments

bree81

I think that Jeff is good in picture. I know that he is coming home to be with his family. I am gald that Jeff is my cousin and I know that he would not hurt a baby he loves kids. I will pray for Jeff throw this hard time.

distant friend

I just wanted to let everyone know that even though I cannot be with Jeff and his family physically I am praying for them. Everybody on here wants to judge Jeff but no one on here was there! Who is to say that Gwen did not drop that baby earlier that day while in her custody? The impact does not have to affect the baby right away, it can happen later. Why does she get to be free? I think everyones problem is that they are overwhelmed with the age of the deceased instead of facts and what actually happened. If the child had been an adult that choked and died in Jeff's apartment would you have a different opinion? You all need to sit back and think about the logic of this for a minute. A 10 month old baby usually weighs at least 25 pounds, now take a 25 pound bag of flour hold it up and shake it hard enough to kill a infant. It is pretty hard to do, and anyone that knows Jeff should know he isn't that big of a man. What about the REPEAT visits to the ER because the baby had quit breathing prior to the accident. Did the mother do what the doctors told her to? No, she did not. She was willing to pass that baby off on anyone that would watch him just so she can go party, so with that said could it have been someone else? Stop taking the age of the deceased in consideration, and start thinking about the whole situation. There is an innocent man sitting in jail wasting away his life because someone is not stepping up to the plate and admitting their neglect. Instead they are letting Jeff take the fall... Its a good thing none of you on here is on the jury, and having said that, NONE of us are the judge or the jury so please let them do their job and stop trying to do it for them. They have the evidence they have the facts, let them make the decisions... In this country it is supposed to be innocent until proven guilty, you all have made it the other way around! As far as Jeff's "past" that was due to his ex girlfriends who would get mad for one reason or another and wanted to hurt Jeff, the only way they know how with his kids. Jeff is not a bad man he just chooses bad women. I have not seen him with an anger problem the entire time that I have known him, and believe me its been quite some time since the night we met. I have always know Jeff to be a loving caring sensitive man, which he continues to be even after everything he is going through. I bet that when the verdict is NOT GUILTY that not one person will appologize for what they have said about him. But you know what, thats ok. Jeff will be fine when he gets out, and he doesnt need people who are going to judge him when they dont even know him or the facts. I love you Jeff, and your family... You'll be out soon!! Just keep faith.

bree81

This to distant friend I know what you are talking about Jeff is my cousin and I know that he would not do this at all. I think that Gwen need step to the plate and said that I did but we both know that she will not that at all she wants to see Jeff in Prison not with his family.I know that he is coming home soon. I think that Gwen need to stop lie on the stand because she will get in trouble but I think that would be funny. She need to be in jail. I think that people need to leave Jeff alone to they need be on his not on the state side at all. I will said that I am gald that Jeff is my cousin and I will be there for him and his family. Jeff is a good man and I know that he would not hurt a kid he loves kids he got two kids for his only. I will help Jeff and his family they need I wish that I can send Jeff mom and dad the one million dollars and they can paid his bond. I know that Jeff will come home when the trail is over I am going to agree with distant friend about Jeff. I am going to tell everyone that read the norwalk newspaper that Jeff Resor is my cousin and I know that he will not hurt no one. People need to leave Jeff Resor alone because I know that he will not hurt a little baby I think that Gwen did I think that norwalk pd need have her in jail. Jeff was rasie my people and I know that they would not teach thier kids to hurt no one so I think that people that do not know Jeff need to stop doging him beacuse they will be sorry when the jury find him not guilty they will said that we are sorry that we said stuff about you you are the wrong person and we know that now. I think that norwalk pd needs to look at gwen and ask her why she told them that mr. resor was watching your son and then you said in court that you drop the baby off at the babysitters house. Jeff IS COMING HOME!!!!!!!!!!!!!!!!.

David Deerest.

You guys need to give it up. She (Gwen) is not even on trial and you keep pointing a guilty finger at her.
You're postings leave me more bewildered than swiss family. You related to her too?

swiss family

i think that i am beginning to see the strategy of the family ... they are coming on here and posting their illiterate rants , hoping to prove that the entire family is made of questionable, illiterate people, so it seems like Jeff didn't know better, because is not all their!!!

if that is what you are going for, why don't you have the newspaper take a picture of Jeff from the back, so we can all see his weird, tattoo, on the back of his head.. so everyone will realize that he truly is not playing with a full deck...and that it is him, not the baby, who is truly the victim here!!!....... i hope he rots in jail for a very short time, until they put him to death, and stop having him live off my tax dollars!!! i would only hope that instead of the lethal injection for him, i wish that they could shake him until he dies!!!! that would be true justice!!!!

Deer Dave,

...hoping to prove that the entire family is made of questionable, illiterate people...

just like swiss family!

just plain disgusted

to quote swiss "because is not all their!!!" Did you mean "because he's not all there"???? Stop typing swiss I mean bree81.

TCN

Swiss Cheezy, like you can judge a person because of a tatoo?
What a nit-wit you are!
You post the most illiterate rants in this paper out of everyone.
JEFF IS INNOCENT!

LBJim

I love how Swiss family has already judged Jeff guilty and hopes he rots when the trial just started. * Rolls Eyes*

distant friend

OK. so Jeff has a red spider web tattooed in a circular pattern on the back of his head... what does that have to do with anything? A tattoo does not make who a person is. I have 3 myself, but am I a bad person? No! and for your information No I am NOT related to him.. get your facts straight... like i said let the judge a jury make the decisions not anyone on here... Everyone is being immature about the whole situation...

emilio938

HAHAHA!

Swiss Family!!!! SO HILARIOUS! So you dont practice what you preach. Good to know that we don't have to put any credit to your words. One less post to read.

bree81

This for just plian disgusted you need to leave people alone I think that you are a bad person you need to leave Jeff alone because he is coming home. I think that you need to stop getting on here and talking about people you are not bad at all. I think that you are on Gwen side and I think that you need to be on Jeff side. I am glad that he is my cousin and I will help him and my family and I do not care what people said about me you guys are not no better at all. I think that everyone needs to be there for Jeff and his family and not on gwen side she does not need no one at all she a bad mother.

just plain disgusted

As I stated before Bree81 I have no opinion on your cousins guilt or innocence. I am not on Gwen or Jeffs side I will leave that to the courts. I have also stated the obvious if the law thought she was involved in her baby's death she would be on trial. I have only tried to help you out before by telling you to to back and read your post before you post it so you don't look ignorant. Finally I am not a bad person you don't know me so don't make any judgement. I am not the one ON TRIAL!!

just plain disgusted

sorry to go back and read before you post.

bree81

To JPD I think that you need to keep your mouth shut because if you do not I will tell Jeff mom and dad and they will tell thier lawyer and he will come on here and tell the people that are talking bad about Jeff if they do not stop it they will be in trouble. I think that people do not need to make fun for other peoplr that can not write that good. I think that people that talk about Jeff they are hiding something about themself and they are on Gwen side she not a good mother at all she was sleeping when the baby was not breathing Jeff was the one who went to check on him and Jeff was the one to give the baby cpr gwen did nothing but watch and than she told her family that Jeff kill her son and she know that she the one did you do not put a baby to bed with a bottle any mother know that but we are talking about gwen she not a good mother and I know that she think that Jeff was with her on new years eve but he was with his son anthony at his mom and dad and I know because I heard him when I call my mom and told her happy new's I heard Jeff telling Anthony he loves him and I know he was there because my aunt tonya send me a picture of him and Anthony.

just plain disgusted

For the last time moron I didn't say anything bad about your cousin. If you can't spell don't post very simple like you. You make your whole family look bad. Especially when you are threatening to go tell on everyone to Jeff's Dad and your boyfriend. Are you 13 years old or what???

almirati

Last I heard there was no age requirement, educational requirement or credentials requirement to come on here and post our opinions to this story. This poster is just as entitled to post here as you or anyone else.

So what if this poster is a female? So what if this poster is a 13-year old? So what if this poster is related or unrelated to the people at issue in this article?

I think it's hilarious when I see emotions run so high from people alleging to be strangers to the ones actually claiming relation - having the COURAGE to claim relation to someone being so vilified on this newspaper right now by a few posters. Why do you care what this poster says? If this poster is so beneath your contempt to begin with, then why not ignore this poster?

Why is it so important that you make sure this poster looks like an over-emotional female child? And if one were to take into consideration what she's claiming, I would imagine anyone would feel a bit over-emotional about the things people have said about this poster's self-alleged loved one.

What is it that really bothers you about this poster or is it not even this poster at all? Isn't it the situation? Isn't it that we all have babies and children and nieces and nephews and we're scared to f-ing death that something could ever happen to one of our loved ones?

This is nothing but a mirror to us. We are strangers and not related to the people directly affected. There is compasion to be given to a lot more than the obvious victim, Donovan's family. There is another victim here, one of circumstance, and that is the accused's family. This cannot be easy for them either.

The least we could do is show some humananity toward this poster. Age, gender, or education levels all aside, every one of us is infused with emotions over a baby dying for what appears to be the typical reason: we don't know.

First it was called SIDS when a baby throws up and stops breathing. Now we're telling everyone that the babies' loved ones are doing horrible disgusting things.

just plain disgusted

to almirati the point is this idiot is accusing everyone of making bad comments about her cousin. She is accusing people who have stated they have no opinion on his guilt or innocence. Only that the mother is not the one on trial and a profession testified under oath the child died of SBS but for some reason this person does not let up then goes so far as to state they are going to tell Jeff's mom and dad and her boyfriend on everyone that is where the child ie 13 year old reference comes in. If she doesn't want picked on maybe she should read the posts better and accuse and tattletale on the right posters. Time to grow up and act like an adult and not cry about everything.

almirati

Well, from what I understand this poster is allegedly young. When young, one acts like a young person. I was under the impression that the ones accusing her (as if it's something to be accused of) being young were professing to be older than she. I was figuring perhaps the self-alleged older, more mature posters could take the high road?

Guess that was asking too much.

There is a lot more important things to discuss than someone's purported age, gender or education level completed. I'm not sure why this denegrated to name-calling in the first place, which is what I was suggesting could have been ignored since this poster appears to be so far beneath the contempt of quite a few posters.

I assure you I am a stranger and have no emotional commitment to this issue or the issue for the far-more newsworthy article. However, I am interested in shaken baby as the theory goes and I'd have been interested in discussing that in hopes of letting the masses find out (by hitching a ride on this highly public news) that Shaken Baby Syndrome is a hotly contested item in the medical community.

One doctor will feel 100% that it's true, and another will feel just as strongly that it isn't. It's not been proven conclusively either way and until it is I find it appalling that we're debating it in the courtroom as if we'll find the answer there.

linkinparkfreak40

OH BROTHER... Look, we all know Jeff is guilty.. If it were Gwen, she would be in Jeff's place, but she is not. HER BABY DIED YOU IDIOTS!!! Tell me, do ANY of you have personal experience with losing a child? I don't, but I DO KNOW that if I WERE to lose my child, I would be hysterical or I would try to numb the pain with alcohol.. -So you guys need to have a little more sympathy towards Gwen because her little boy is NEVER going to grow up and experience anything, like falling in love, going to school, getting married or having his own family... My heart breaks for Gwen and her family and for Shaun as well...

almirati

What's good for the gander is good for the goose. Why is it that any action or behavior by Resor is suspect and makes him guilty, but anything the mother of the boy does is completely innocent?

I have my suspicions that neither of them are guilty of shaking this little boy and causing those injuries, however I'm starting to doubt whether or not the injuries were innocent at the same time.

I just don't understand why it's Resor who's being accused of everything now if there was previous signs of abuse. I sure hope the jury is getting more information than we are, but this doesn't make any sense so far.

Sassy

Amen, almirati-why isn't she being held accountable for seeing these signs of abuse (along with how many family members?) and doing nothing?
Is she getting immunity for her testimony? I have no idea, personally, but that's the only logical explanation I can think of as to why.

almirati

Sassy, just a lot of ambiguity with this, not a lot makes much sense.