No verdict in child abuse trial

A 12-member Hancock County jury was unable to agree Tuesday on the innocence or guilt of a McComb mother charged with recklessly abusing her infant son, fracturing his arm in October 2018. Another trial for Grace Flower, 29, of McComb, will be held in a couple of months with a new jury, Hancock County Prosecutor Phillip Riegle said. Riegle said he is planning to talk to the jurors to get some insight. "At this point I can't tell you if it was 1-to-11 or 11-to-1 or 7-to-5. I have no idea," he said Tuesday evening. "Sometimes this happens. We'll just prepare for the next one." The jury concluded it could not reach a verdict in Hancock County Common Pleas Court after deliberating for about seven hours Tuesday. It had heard seven days of conflicting medical testimony by doctors and radiologists, as well as varying interpretations of text messages sent by Flower. Hancock County Common Pleas Court held the trial at Marathon Center for the Performing Arts as a pandemic precaution. Judge Jonathan Starn presided. Flower was charged with the second-degree felony after the boy, then 4 months old, was found to have a fracture in his upper left arm during an examination at Physicians Plus Urgent Care. If convicted, Flower could have faced a prison term of two to eight years. Physicians and other medical staff at Nationwide Children's Hospital, in Columbus, said the upper arm fracture — and other fractures they found on a shoulder blade; the clavicle; a rib, all in various stages of healing — were consistent with nonaccidental injuries. But Flower was charged with only one injury, the one to the upper arm. The fracture was not the result of an accident, Assistant County Prosecutor Colleen Limerick said Tuesday in her summation for the jury. One doctor said the upper arm was broken "in three places at least," Limerick reminded the jury. It was called a "nasty fracture" by another physician, Dr. Robert Shapiro, director of the Child Abuse team at Cincinnati Children's Hospital, Limerick told the jury. "Dr. (Farah) Brink (a child abuse pediatrician at Nationwide Children's Hospital) told you if somebody abused this child they would know that they were abusing the child," Limerick stated. Testing found that the infant had no deficiencies of vitamin D or calcium. A hormone test had a normal result, Limerick said. There were no bone health issues or genetic disorders, she said. But defense attorney Drew Wortman cited discrepancies among the doctors, including disparities in the number of fractures they cited. Depending on the doctor, four to 11 fractures were cited in the infant, he reminded the jury. "The differing number of fractures is concerning. You've heard that term — 'concerning' — a lot in this case," Wortman said to jurors. "What about 'concerning' that we can't get the number of fractures right?" "No one ever saw Grace Flower harm or do anything out of the ordinary to (her infant)," he said. "Never." Wortman cited testimony by other physicians that infants can have smaller and weaker bones that break more easily in everyday handling and accidental trauma. "Nationwide (Children's Hospital) doesn't get to decide whether this is accidental or not accidental," Wortman said to jurors. "That's your job." Text messages sent by Flower to her husband also became evidence in the trial. On the same day in October 2018 that she would later take the baby to Physicians Plus, she texted her husband: "I have injured my baby. Feel sick to my stomach." She also texted: "I broke his arm," as well as "Never going to forgive myself." An investigation found that Grace Flower requested Matthew Flower delete the messages that she had sent him, a court filing stated. The defense argued that the text messages were being taken out of context, that Flower was a young, insecure, inexperienced mother caught off guard, distraught in a difficult situation. Wortman cited a phone conversation Flower had with her mother before sending the text messages to her husband. Flower, who was working a part-time job, had a phone conversation in which her mother, who was watching the child, told Flower the child was injured. Flower's mother said she thought the infant's arm was broken and then asked Grace Flower what she did, Wortman told the jury. "So what does this young, inexperienced, insecure, unsure mom do? She says 'Oh my gosh, I did something to my baby. I can't believe it. I've been so careful,'" Wortman argued. "'Oh my gosh, what did I do!'" It was in that state of anguish that Flower sent the texts to her husband, Wortman said. In a rebuttal to the defense, Limerick also sought to supply jurors with a context for the text messages. "You don't see Grace saying, 'Oh my God, Matt, Mom says there's something wrong with (their son's) arm. Do you know what happened? I can't imagine what it would be,'" Limerick told jurors. Instead, Flower stated in the text message: "'I broke his arm. I will never forgive myself,'" Limerick told jurors. "When she's at Physicians Plus within the hour she doesn't say 'Doctor I broke his arm …'," Limerick said. "She says, 'I don't know,' and distances herself." Flower's husband Matt, on the witness stand, said he forgave his wife for injuring their son, Limerick reminded jurors. "I submit to you that Matt Flower may have forgiven Grace for the physical abuse, but we're here today for justice for (their child)," Limerick said. "Who's going to protect (the boy)? We've seen a parade of witnesses about saving Grace. Who's protecting (the boy)." "I submit to you, ladies and gentlemen, that that is your job," Limerick said.