One paramedic recounted how he had seen two sores on Andrew that looked to me like cigarette burns because they were round. Another paramedic also believed the sores were cigarette burns, though he admitted he had only looked at them from a distance. Fernandez, the medical examiner, said he had observed burnlike scarring on Andrews arm that had likely been caused by contact with a hot surface. But neither Larry nor Hannah smoked. Hannah, we are all so sorry for the loss of your brother. Financially, the accident had come at a precarious time; Larry had recently purchased his bosss landscape lighting business, and he needed to put in long hours just to make ends meet. Exhausted from the previous night, she briefly dozed off, then awoke to discover that Andrew had slipped out of the room. When Andrew started breathing funny, she told Hess, she had administered asthma medication with a nebulizer, hoping to open up his airways. See you then, my friend. To find Hannah guilty, jurors had to believe either of two scenarios: that Hannah Overton force-fed Andrew salt knowing it would kill him or that she neglected to get medical help fast enough knowing that it would kill him. He introduced me to Bandy Field and our Labs also became friends. In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. Standing just five feet tall, with wide-set brown eyes, a girlish laugh, and a warm, easy manner, Hannah was almost childlike herself. Because we were not thinking we were in a life-or-death situation, she insisted. Sue and I were certainly saddened to learn of the death of Dabney. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. Although I believe that Mrs. Overton was remiss in seeking timely medical care for Andrew Byrd, I do not believe that she intended or knew that this would result in his death. The wording of the jury charge, she added, had been ambiguous and confusing. Ultimately, Warfield wrote, I do not feel that justice has been served., Two days after Hannah was sentenced to life in prison without the possibility of parole, a pediatrician named Edgar Cortes took the unusual step of contacting Gilmore. Its free. When Andrews condition worsened, she and Larry had debated whether to call 911 or go to the nearby urgent care clinic, a concern because Andrew lacked health insurance. All rights reserved. The jury was not just going to let her walk.. Most striking to the Overtons, and to their neighbors and friends, was his preoccupation with eating. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. He died at 9:30 p.m. What little is known about Andrew Burds early life is contained in a slim Child Protective Services case file that chronicles the boys descent into the child welfare system. He was a very quiet and caring man. Make sure relatives of Jonah Lee Overton know they have sympathy messages here. And anyone who loves dogs as much as Dabney did is a special soul indeed. Would I really have stayed with a family that would abuse a child?, The most unsettling aspect of The State of Texas v. Hannah Ruth Overton, which got under way in August 2007, was how effectively a woman who had spent most of her life as a do-gooder could be recast as a monster. Dear God, thank you for the soup, Isaac said, his head bowed, his eyes closed tightly. You may be trying to access this site from a secured browser on the server. Once reunited with their childrenwho were terrified by the ordealLarry and Hannah had to break the awful news to them about Andrew. Fleeing for Your Life? (Like Eastwood, neither Norman nor Jimenez would comment for this article.) But after Hannahs conviction, the DAs office offered him several plea deals, each of which required him to acknowledge that he had intentionally caused Andrews death. Hannah, we met a couple of times, and Dabney and I visited your grandparents several times in Tappahannock. EMTs and hospital staff had vigorously poked and prodded the boy as they attempted to revive him, first at the clinic, then in an ambulance, then at Christus Spohn Hospital, where he was initially taken, and finally at Driscoll, where he was transferred to the intensive care unit. He enjoyed everything he did, was always friendly and supportive. I fear she may have purposely withheld evidence that may have been favorable to Hannah Overtons defense, Jimenez wrote in her letter, which Orr would include in the writ. His mothers and fathers parental rights were terminated soon after he turned three. If you would like to discuss your case with an attorney at Goldstein & Orr, then please contact us to schedule a consultation. Sitting in the courtroom, she tried to explain how she had failed to recognize that Andrews condition was life-threatening. Our paths crossed later in life and we renewed our friendship. After her shift ends in the late morning, there are letters to write home, in which she tries to stay present in her childrens lives by choreographing what she can from a distance. Meanwhile, those who once pursued Hannah with such certainty have undergone their own trials. The passenger side of their old Ford van was not equipped with an air bag, and Hannah, who had pulled down her seat belt so she could turn to talk to the kids, was jolted forward, her face hitting the dashboard. Receive obituaries from the city or cities of your choice. Hannah, my sister, Carolyn, and John and I are very sadden to learn about Dabney's passing. The jury was not just going to let her walk. Capital murder carries two possible punishments in Texasthe death penalty or life without paroleand the district attorneys office had already decided not to seek death. He was such a kind person and always had a smile on his face. Because he felt cold? He suspected that as the boys condition worsened, Hannah had fallen victim to what he calls stress blindness, a phenomenon he had witnessed many times during his 42 years of practicing medicine. Our thoughts and prayers are with you and your family. "We shall not see his like again". One of her favorite books to revisit is Ruth. But after the girls, the Overtons conceived their fourth child, Sebastian. Veteran defense attorney John Gilmore, whom the Overtons had retained using funds raised by their church, was stunned to learn of the arrests from reporters, who called asking for comment. That left Overton entitled to seek state compensation funds for thewrongful conviction. Yet the jury had never heard from him. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Unlike the three physicians who had testified for the prosecution, Cortes was the only doctor who had seen Andrew before his hospitalization; he had evaluated the boy during a routine checkup when Andrew was three years old and still living with Hamil. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. What a great sense of comfort to know that I could be greated on the other side by such a kind person. Hannah must sit on the opposite side of a metal divider, behind Plexiglas. If you need legal advice, then retain an attorney to discuss the facts of your case. Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. Whenever he got scaredand there was a long list of things that petrified him, from swimming to large crowds to the sound of balloons poppingthe Overtons worked to help him overcome his fears, reassuring him that they loved him and that he was in safe surroundings. To Dabney and the Family: My heartfelt condolences and my thoughts and prayers go with each of you. But there were many other things she had missed from behind bars. Hannahs mother and stepfather, Hannah, Larry, and the kids on Mothers Day 2006. When they took him along on errands, they had to keep him from eating the old gum and cigarette butts he found on the ground. Before Hannah got married, when she was still Hannah Saenz, she knew she wanted a large familyat least six kids, she used to tell people. During closing arguments, Gilmore emphasized that Hannah had no motive to kill Andrew and that the state had failed to prove that she had intentionally caused the boys death. Sorry, I he began, when she asked him to put on his shoes. I figured, Well, weve got to start with one, so lets see how far we get. Isabel, and then Ally, followed. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overtons appellate team that helped overturn the conviction. I plan their birthday parties from here, she told me. I am so sorry to learn of Dabney's passing. The National Registry of Exonerations is a project of the Newkirk Center for Science & Society at University of California Irvine, the University of Michigan Law School and Michigan State University College of Law. When people are under severe stress, their judgment becomes poor., Cortess perspective was revelatory. We were in it for the long haul.. We thought that he would stop turning to food for comfort when he learned that he could trust us.. Haller, who took notes documenting her conversation with Hess and later testified about it under oath, recalled the detectives certainty that Hannah had tried to kill Andrew. Hannah Overton recently reunited with her husband, Larry Overton, since being released on bond last week. A church member who homeschools her daughters educates the Overton children, using lesson plans Hannah sends her. Against the backdrop of possible abuse, authorities wasted little time. Turn on desktop notifications for breaking stories about interest? 1 x 120' / Produced for Discovery Networks. He was preceded in death by his mother, Hannah Spencer Haile Overton and infant brother, Charles. Andrews standard answer whenever he was asked to perform a simple task was Sorry, I cant, but Hannah was heartened one day that summer when he deviated from the script. Lane earned her college degree and became an elementary school teacher, while Hannah played with, and later babysat, the children of missionaries who used the campus as a home base between trips abroad. A unique and lasting tribute for a loved one. Just as she had hoped, they would have six children. I was privileged to know Dabney at W&L and as a fraternity brother at LXA. The intentional poisoning of a child is usually perpetrated with sedatives, anticonvulsants, or medications like injectable insulin, not food, he told me. Always with a Northern Neck Gingerale for me--I still can't buy a 12 pack without thinking of him. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. I worked with Dabney in the mortgage industry a few years ago and he was everything you described. On October 2, 2006, 29-year-old Hannah Overton and her husband, Larry brought Andrew Burd, their four-year-old foster son whom they were in the process of adopting, to a hospital in Corpus Christi, Texas after the boy stopped breathing. By that point, Hannah had completely broken down emotionally.. Did you at any time strike him? Hess asked. I wish you and your family my sincere condolences. As a former private-duty nurse, Hannah felt equipped to handle the challenges of a foster child; she had spent several years caring for special-needs children, some of whom were profoundly disabled. . DABNEY OVERTON OBITUARY OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. (Both carry shorter sentences and differ from capital murder on the issue of intent; a motorist who hits and kills someone while driving too fast is often deemed to be criminally negligent in that he did not set out to take a life but was aware of the danger of speeding.) Yet her life behind bars, however incongruous, has taken on its own rhythm. According to Hannah, Andrew once again asked for an early lunch, and once again, when she told him that he would have to wait, he defecated and smeared feces across the floor. The day Andrew died Hannah said she found him in the kitchen pantry but could not determine what he had consumed, if anything. She had only one sibling, a brother who was seven years her junior, and a father who was largely absent from her life. At first, the transition with Andrew went smoothly. Diane and Peter. Gilmore and his defense team, which included two civil attorneys versed in the intricacies of medical testimony, tried to counter the prosecutions claims that Hannah had poisoned Andrew and purposely delayed medical treatment. On several occasions his fits had grown so extreme that she had resorted to asking a male parishioner to physically remove him from the classroom until he could regain self-control. Overtons current defense attorney, Cynthia Orr, told ABC News she was thrilled to get the call from Skurka announcing his motion to dismiss had been granted by the judge. Overton's case drew national attention and she was the subject of the documentary "Until Proven Innocent.". There's also a pen pal program and Overton is often featured inFacebook videos in which she talks about ways to help women in prison. The information on this website does NOT constitute legal advice and you may not rely on it as such. In anticipation of his arrival, Larry built a three-tiered bunk bed for Andrew and the two Overton boys: Isaac, who was seven years old, and Sebastian, who was two. How had she known how much salt would kill him? . Or had the tragedy claimed its second victim? I am so sorry to hear about Dabney. Hannah R. (Saem) Overton was born c. 1977. "I could never thank my attorneys enough for fighting endlessly to prove my innocence and bring me home," she said. Echovita Inc is a registered trademark. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. The website is updated daily, frequently with exonerations that occurred in the past. How do you poison someone with a substance you dont know the contents of? That Hannah had not sought immediate medical attention did not change his view. With guns drawn, police officers had surrounded Hannah and Larrys car as they returned from an errand, forcing them to the ground and handcuffing them. More outspoken was Andrews Sunday school teacher, who sat Hannah and Larry down and told them that he was a troubled kid. During the consultation the attorney can discuss whether our firm can assist you. Hess suspicions had developed the previous evening during an interview with Hannah, who had consented to talk to him without an attorney present. Nueces County jurors believed she failed to seek medical care for her foster son in a timely manner. Larry was charged with injury to a child for failing to get Andrew timely medical attention. So she had to find a way out. (Hess did not respond to interview requests for this article but has previously denied Hallers version of events.) He was a very sweet and kind person. I made sure that he saw that we had an identical set of Spider-Man sheets so he would calm down., That evening Larry laid a sleeping bag on top of Andrews plywood bed frame, where, he told the boy, he would have to spend the night while his mattress finished drying. Haller . Not the brightest thing to do, Larry conceded. While behind bars,Overton relied on her faith, family and supporters and led Bible studies. I was assured that they would be seeking lesser charges. During the trial, he said, I sat at the courthouse for five days, waiting to testify. Hannah, I am very sad to hear this news. He was preceded in death by his parents and daughter, Nicole . That was the most uncomfortable service I have ever done. They asked us, Can you pray that we have discernment and wisdom in helping him through this?. A very special person has been taken from our midst and is and will be greatly missed. Dabney and I were great friends while I lived in Richmond back in the late 80s - Browder,Russell days. Although Cortes had been scheduled to testify for the prosecution, he was never put on the witness stand. Rotta stopped short of describing the manner in which he believed Andrew had been made to eat a lethal amount of salta dose that, after analyzing Andrews blood, he determined would have consisted of 23 teaspoons of Zatarains Creole Seasoning or 6 teaspoons of salt. My heartfelt sympathy goes out to his family and many friends. [I] fully disclosed the DAs offices case file to the defense, she wrote in the lengthy statement. Overton had to have a blood transfusion and her new. Please call me at your earliest convenience.. Hannah and Larry had taken her in after her marriage ended in divorce, giving her their extra bedroom while she got back on her feet. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. Hannahwho had already lost a child and was now living apart from her four older oneswas in a fragile state of mind. Do Not Sell or Share My Personal Information. Dabney Overton III Birth 30 Jul 1963 Death 9 Nov 2009 (aged 46) Menu. He left me with that gift. Overton's original trial attorneys admitted at an appeals hearing that they had made errors. Then District Attorney Mark Skurka dropped the case. You can send your sympathy in the guestbook provided and share it with the family. I see Dabney very clearly at the dog park with Moose and Betsy, gliding along with that long stride of his and his big smile for everyone. What a loss for all of us; he will be missed. I think I'll always remember him as simply super cool himself. memorial page for Hannah Ester Hall Overton (1660-1732), Find a Grave Memorial ID 160804572; Burial Details Unknown; . OBITUARY - HANNAH OVERTON (HUNTINGDONSHIRE) Bowls England regrets to inform you that former Women's Junior International captain Hannah Overton passed away on 23rd December at the age of 28, after. It has been a long time since I saw Dabney last. Before the family returned home, Andrew asked if he could have lunch, and Hannah told him that he needed to wait; Larry was bringing them something to eat, she explained, and he would be back in a few minutes. With her first husband, whose name was Stephens, she lived in Iowa, and had one daughter. It was a catastrophic decision. The Overtons already had four children, and Larrys incomehe installed landscape lightingwas barely enough to make ends meet. He struck up a correspondence with Hannah, but she did not warm to him until their paths crossed again at a year-long missionary training school outside Tyler, when she was nineteen and he was a more clean-cut twenty. In Marchshetold ABC News she would receive nearly $600,000 in compensation, along with other benefits, though she acknowledged no sum could give her back the years of freedom she lost. Left: Hannah Overton at the Murray Unit, west of Waco, on November 21, 2011. He picked at mosquito bites on his body incessantly, prompting Larry to put socks on his hands; still, Andrew would not stop scratching and eventually developed a staph infection on his arm. I enjoyed each conversation we had about fishing, sailing and other things we both were interest in. The daughter of a pastor and a homemaker, she had grown up longing for the companionship and boisterous energy of the big, churchgoing families she saw around her. Hannah went into labor with her first child, Isaac, at the Subialdeas house, and though she had planned to come back to work after her sons birth, she found the separation from him too wrenching. The original prosecutor in the Overton case, Sandra Eastwood, was terminated for reasons unrelated to this case years after the trial concluded. He had a speech delay and spoke haltingly, sometimes with a stutter, but every week, when his Sunday school classmates went around in a circle to say their prayer requests, he made the same wish aloud: that he would be adopted. And when he became less responsive, she had pulled out her old EMT books to assess what was wrong. . Share Dabney's life story with friends and family. But I told prosecutors five months before the trial that I believed Hannah had no intent to kill him and that this was not a capital murder case. Zion Church of the Brethren. Dabney was loved and treasured for his gentle nature, ready smile, and intelligent wit. Andrew was not a normal child, Cortes explained to me. Then, in the spring of 2010, Hannahs appellate attorney, Cynthia Orr, made a startling discovery. And then there was the abnormally high sodium level, coupled with Hannahs account of feeding him Creole seasoning after he had misbehaved. We spoke last Tuesday about a biking trip we had plan in the spring to Cherokee,N.C. Larry with (from left) his children Ally, Isaac, Sebastian, Emma, and Isabel. He inspired me to take up running, and to go from owning 1 dog to 2! Despite Eastwoods zeal, there were still basic questions that the prosecution could not explain. Being in the Overtons home had afforded Werkhoven an intimate view of the family. She had a way with Michael that even my wife and I didnt completely understand, his father, Richard, told me. The defense presented the jury with a medical mystery. The court ruledher trial lawyers were ineffective, and sent her case back to be retried. . How can one person get probation and another get life without parole for the same thing? Larry said. Until his arrest, Saenz had led a seemingly normal life: in addition to leading his nondenominational congregation, he worked as an office-machine mechanic while his wife, Lane, stayed home with their two children. Hannah and Andrew In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Think of your other children, she urged the couple. She was native of this place and had been twice married. He defecated on the floor of his bedroom, then smeared feces on the bed, the dresser, and the walls. He displayed hyperactive behavior and possibly had some cognitive delays as well. The doctors assessment of Andrew as developmentally delayed was significant because it dovetailed with Hannahs testimony. Overton, who has long maintained her innocence, spent seven years in prison for the young childs death. After your child dies to be told that somebody think its your fault. Normans remarks were hardly the stuff of a cocksure prosecutor. I feel so fortunate to have spent time with him. I feel sad. She also described her unease with Eastwoods trial strategy, claiming the prosecutor had told her that they would not be calling Cortes because a record in his file indicated that Andrew had behavioral problems. Finally he agreed to plead no contest to criminally negligent homicide. Patricia Gonzalez, a nurse at the urgent care clinic, told the jury that Hannah had not behaved like a panic-stricken parent and had had a smile on her face as she performed CPR on the boy. The best memory is of riding camp the following summer when Dabney and a friend opted for motorcycle helmets rather than riding hard hats. Dabney was born on July 31, 1963 and grew up in Essex County, Va. My prayers and thoughts are with you all. One of the recent fundraising efforts involves providing "chill towels" to incarcerated women this summer because most Texas prisons are without air conditioning. Andrew was a sweet boy who had significant neurological and developmental disorders. The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material. Hannah Overton, a south Texas mother of five whose wrongful conviction for the 2006 death of her foster son was overturned last year, is expected to receive over $500,000 in compensation from the state for the years she spent in jail.
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