United States v. Dimberio

Four weeks after his birth, Jarod Dimberio sustained severe trauma, including injuries to his nose, eyes, and brain. The medical personnel who treated Jarod and examined his records testified that Jarod’s injuries were consistent with “non-accidental trauma” and that Jarod had been shaken violently. The evidence introduced at trial indicated that only two people had access to Jarod and the opportunity to inflict such injuries during the pertinent time period — appellant and his wife, Nicole. The evidence called upon the members to decide which parent was the perpetrator.

The prosecution,…