Couple accused of starving newborn son
By LAURA JAMESON
ljameson@lockhaven.com
JERSEY SHORE — A couple was charged with endangering the welfare of a baby after they withheld food from their newborn son from December of last year into February, police said.
Justin Lawrence, 31, of 437 S. Main St., Jersey Shore, and Marissa Smith, 22, of Lewistown, were arrested Friday morning in Lewistown and arraigned before District Judge Jerry Lepley in Jersey Shore.
Both were charged with endangering the welfare of a child after the pediatrician discovered the baby was not growing properly.
In 2013, Smith was held responsible of fracturing the skull of her 4-month-old child. She no longer has custody of that child, or the baby in this case.
Lawrence has seven children (one of whom is deceased) and has a criminal record.
According to the affidavit, Lycoming County Children and Youth Services was awarded custody of the baby at a hearing Feb. 22 in family court, in front of the Hon. Diane Turner, family court master.
The following information is from the affidavit and the court opinion issued by Judge Turner and confirmed by Common Pleas Judge Joy McCoy on March 1.
Judge Turner ruled the baby was a victim of child abuse, in that food was withheld for a significant period of time. His lack of nutrition caused him to not only lose weight but also fail to become taller and fail to have normal head growth.
The child was fed only about half a sample can of formula over 11 or 12 days, a time period when he should have consumed two to three times this amount. The parents lied to the child’s doctor, saying he consumed nearly double the normal amount.
The boy was born on Dec. 21, 2017 and had his first doctor’s appointment with Dr. Qasim Mahmood on Dec. 26, 2017. Dr. Mahmood discovered the baby had lost 8 percent of his birth weight. The average possible weight loss for a newborn is about 6.5 to 7 percent.
Lawrence and Smith told the doctor the boy was feeding “okay” at the time.
The boy missed his next appointment, on Dec. 29, and wasn’t brought back until Jan. 2, 2018. At that time, he had gained only two ounces when he should have gained six. By Jan. 8 he had gained eight ounces and was back to his original birth weight.
During his next appointment, on Feb. 1, Dr. Mahmood expressed concern for the boy’s weight again. The baby should have gained six ounces per week since his last visit but instead had lost nearly eight ounces and weighed about one and a half pounds less than he should have.
The doctor also noted the baby had not grown in height and that there was no increase in his head circumference as expected.
The child was diagnosed with failure to thrive and Dr. Mahmood began to aggressively address the issue.
Lawrence and Smith told the doctor the boy was consuming 24 to 32 ounces of formula a day, which is higher than what he should have been consuming. They also told the doctor that the baby was spitting up and vomiting.
Dr. Mahmood performed tests and prescribed a new prescription formula called Ellecare. He also had the couple feed the baby and observed him as they did so. After finding no medical problems with taking formula or sucking or swallowing, Dr. Mahmood gave them a can of Ellecare and instructed them to add cereal to the feeding.
At an appointment the following day, the boy was observed to have gained almost five ounces. Dr. Mahmood testified that he thought the change in formula had fixed the problem. He scheduled another weight check for a few days later.
When the appointment came, the doctor found the boy had lost another two ounces. Three days later, on Friday, Feb. 9, the baby still had not gained weight and Dr. Mahmood arranged to have him admitted to a hospital.
The doctor offered to admit the boy to UPMC Susquehanna but Lawrence, who was the only parent at the appointment, requested the child go to Geisinger Medical Center in Danville. Lawrence promised to have him at Geisinger by 5 p.m. the same day.
The baby did not arrive as promised, the doctor discovered. Later that day, Lawrence called the doctor’s office to say he didn’t have a ride to the hospital. He promised he would take the baby there the following day, Saturday, Feb. 10.
The boy wasn’t admitted to Geisinger until Monday, Feb. 12 — after Children and Youth Services had taken emergency custody of him.
Lycoming County Children and Youth Service caseworker Crystal Minnier testified that on Friday, Feb. 9, she spoke with Lawrence at the family’s home at 437 S. Main St., Jersey Shore, and Lawrence said the child was on his way to Geisinger with Smith and her mother.
Minnier said she called Geisinger on Monday, Feb. 12 and found the boy had not arrived. She called Dr. Mahmood’s office and learned the child needed to be hospitalized and she should take him there. She immediately headed to the home in Jersey Shore. Before she arrived, she received a call from Lawrence telling her the family was at Mt. Nittany Medical Center in State College because he had wanted a second opinion.
Minnier believed Lawrence was lying and continued to the home. When she arrived she found Lawrence, Smith and the baby. She obtained emergency custody of the boy from Judge Richard Gray and took him to Geisinger.
She offered both Smith and Lawrence a ride to the hospital but they declined.
At Geisinger it was discovered the boy had been fed only about half the can of Ellecare that Lawrence and Smith had been given on Feb. 1 by Dr. Mahmood.
When the formula had been prescribed, Minnier testified, she had told the parents they needed to immediately get a prescription from WIC, since the formula had to be ordered.
Lawrence and Smith told Minnier they had been to WIC with the prescription, but a check with the WIC office revealed the agency was unaware of the change in formula for the boy.
The baby gained six ounces between Feb. 16 and 19 after being discharged from Geisinger to a resource home.
Judge Turner gave Children and Youth Services custody of the child after hearing testimony from Lawrence, Smith, Minnier and Dr. Mahmood.
The judge stated, “Based upon the totality of the evidence, there is no other explanation for the child’s failure to thrive other than the parents not feeding him… The parents did not feed the child an amount that was even approximately the amount he needed, did not obtain life-sustaining food for the child even though it was available to them through WIC, and intentionally took steps to lie about this to medical providers and to CYS in an effort to hide their actions.”
Lawrence is in Lycoming County Prison with bail set at $250,000.
Smith, who is reportedly pregnant, was incarcerated with bail set at $99,000. She was approved for supervised bail.
Their preliminary hearings are set for 10 a.m. April 4 in front of District Judge Lepley.