by Thaddeus Flint
Hoosick Falls resident Joseph McElheny was acquitted Wednesday on eight of nine charges in the death of his daughter Ina McElheny. The jury was deadlocked on the charge of endangering the welfare of a child, and a mistrial was declared by Judge Andrew Ceresia on that charge.
The child died May 12, 2010, at Albany Medical Center Hospital after being found unresponsive at the couple’s Hoosick Falls home.
An autopsy later found the child had many fractures sustained over a period of time, as well as a perforated small intestine.
McElheny faced charges of murder, manslaughter, criminally negligent homicide, reckless endangerment and four counts of assault. He could have been sentenced to a prison term of 25 years to life.
During a three week trial jurors heard from six different medical experts; three for the prosecution and three for the defence. Both McElheny and his wife stated that the child was never subject to abuse. Friends of the family also testified that the McElheny’s were good parents.
The jury had been deliberating for four days. Wednesday, a few hours before the jury made their decision, a final read-back was made by Judge Ceresia to the jurors about the what constitutes reckless endangerment.
Outside the Rensselaer County Courthouse in Troy, McElheny’s wife, Melinda, who had broken down into tears upon hearing the decision, criticized the prosecution. “We need to shine a light on child abuse,” she said, “but not at the expense of tearing apart innocent families. And not with the blind eye toward the injustice that results from jumping to conclusions.”
In a phone interview with Eastwick reporter David Flint, District Attorney Richard J. McNally, Jr. said, “We are obviously disappointed with the verdict.” He added that he believed it was very difficult for the Jury and was one of the longest jury deliberationss he had seen in his 22 years legal practice in this county. “The jury struggled with medical testimony,” he said, “as juries have elswhere in the country. We believe we did the right thing, but the jury made their decision, and we respect that.”
McElheny was released on his own recognizance by Judge Ceresia while prosecutors decide what they want to do with the endangering charge.
Since McElheny has already spent the last 14 months in jail, even if he is ever convicted of the misdemeanor of reckless endangerment his time has already been served.