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. The key issues in this case were knowledge and intent, and his opinion went directly to those issues. Hannahs attorneys would later argue on appeal that the doctors opinionthat Hannah had never intended for the boy to dieamounted to exculpatory evidence that the state had withheld from the defense. Overton was convicted of capital murder after being accused of force-feeding Burd enough sodium to kill him. Dabney was a great guy. The Overtons daughters, four-year-old Isabel and three-year-old Ally, reported back to their parents that the new boy in their class needed a family. Dabney and I were great friends while I lived in Richmond back in the late 80s - Browder,Russell days. Share Dabney's life story with friends and family. A church elder, who was himself an adoptive parent, invited the Overtons to dinner one night and encouraged them to consider bringing Andrew into their home. Disclaimer: We created this website to give you general information about a variety of criminal offenses and possible defenses that might apply to those charges. In a 2012 interview from a Texas prison, Overton told ABC News that during one of the monthly visitations with her children, [Emma] took her first step, I was there. Or had the tragedy claimed its second victim? She looked after dozens of children, including my grandchildren, and in all the years she was here, I cant recall one negative thing being said about her, the commissions founder, Joe Fauss, told me. She was born April 24, 1945 to Dabney Overton Sr. and Henrietta Mallory Overton and grew up in Warsaw, VA. She was graduated from St. Margaret's School in 1963 where she was awarded the Bishop's Prize all four years. 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. She could not consent to a lesser charge, she told her attorneys, because she felt it would mean she was admitting fault. Hannah - Please accept our sincere condolences on your loss. Hannahs supporters included a young churchgoer named Dawn Werkhoven, who had lived with the Overtons the year leading up to Andrews death. But he was adamant that the boys death had not been accidental. That perception would throw her other children into the investigation as well. The Corpus Christi Caller-Timess online comments section filled with the vitriol of readers, some of whom called for Hannah to receive the death penalty. While he was relieved not to have to serve prison time, the discrepancy between his wifes punishment and his own left him stupefied. Larry was charged with injury to a child for failing to get Andrew timely medical attention. Dick and Sue Kemper; St. Christopher's School, Share to let others add their own memories and condolences. Find the obituary of Hannah Mason "Tess" Overton (2019) from Gunnedah, NSW. I knew Dabney through my daughter. I regret that I didnt push harder from the beginning to find out what was wrong with himthat I believed his problems were just due to his previous abuse and neglect, and that, when I finally decided he needed to see a doctor about his pica, we didnt get him in quicker. When I pressed her to explain why she and Larry had not called 911, she leaned forward, as if pleading with me to understand. Sending a prayer to all his family & friends. It was, Hannah and Larry would later remember, one of the happiest times in their lives. I kept denying that Hannah could do such a thing, she told me. Andrew continued eating until he threw up. Hannahwho had already lost a child and was now living apart from her four older oneswas in a fragile state of mind. 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. I dont see what caused the trauma to the brain, he said. Her husband, Larry, took aplea deal for a lesser charge in the case and was given probation. 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. The marks could be consistent with many things, including a fight, an altercation, someone trying to hold this childs neck forcefully, he said. 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. . (CPS had not yet sent them his Social Security card, which they needed to get him insured.) Most striking to the Overtons, and to their neighbors and friends, was his preoccupation with eating. He had a speech disorder called echolalia, which is one of the things we see typically in children who have autism spectrum disorders. Push him? Throughout the interrogation, which spanned more than two hours, Hannah insisted that she had never harmed Andrew. I am so sorry to hear about Dabney. The sodium content of Zatarains is not listed on its packaging. There have been a few tear-filled nights because one of the kids misses Andrew, Larry told me later. Following college, he worked as a financial consultant and more recently as a consultant for Terrestar Networks. The children liked to hang out in her room and talk to her, particularly Andrew, who always visited her for an extra hug before bedtime. Several crossed their arms; others looked away. Bowls England - OBITUARY - HANNAH OVERTON | Facebook Detective Hess was put on administrative leave in 2008 after it came to light that he had disclosed confidential information to the suspect in an ongoing investigation for indecency with a child. Although Cortes had been scheduled to testify for the prosecution, he was never put on the witness stand. He and Hannah are allotted two hours, during which they sit together in the dayroom, flanked by other inmates and their families. Sorry to hear of Dabney's passing. Fueling the publics antipathy was an affidavit written by a CPS child abuse investigator named Jesse Garcia, who claimed that Hannah had admitted to forcing Andrew to drink two cupfuls of chili with water and quoted her as saying that she then beat the shit out of him. Garcia never produced any documentation or witnesses to corroborate his claim, and internal police memos show that law enforcement officials doubted the veracity of his story. . Dabney was a pleasant person to be around. 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. Hannah Overton and her husband hold up one of their Christmas presents. He moved unsteadily, and he was so clumsy that Hannah had him wear a life jacket whenever he splashed around in their inflatable kiddie pool. And You Thought Feral Hogs Were Bad. Had Andrew sat among them, I realized, he would have been nine years old. The appellate court did not rule specifically on Overton's claims of prosecutorial misconduct, saying she deserved a new trial on claims of ineffective counsel. It has been a long time since I saw Dabney last. There was a dead child, he observed. He left me with that gift. When a four-year-old from Texas died mysteriously of salt poisoning, his foster mother, Hannah Overton, was charged with capital murder and sent to prison for life. At the time, Overton had four children and was pregnant with a fifth, and had no prior trouble with the law. I enjoyed his company and was truly blessed to have shared time with him. Hannah Overton spent seven years in prison until her conviction was overturned. When Hannah was sent to prison, her daughter, Emma, was still a breast-feeding newborn. The prosecution portrayed her as a mother who had lost control and tried to punish the young boy by giving him seasoning mixed in water. Only Hannah had been able to break through. By clicking or navigating the site, you agree to allow our collection of information through cookies. Hannah liked the tall, serious-minded student who shared the same hopes she had of creating a life centered on children and Christian outreach. At first, the transition with Andrew went smoothly. My deepest sympathy to his family on the loss of a truly extraordinary person. Finally, Jimenez stated, I do not believe that there was sufficient evidence to indicate that Hannah Overton intentionally killed Andrew Burd. In response, Eastwood penned an affidavit, asserting that she did not engage in any misconduct. Overton, who has long maintained her innocence, spent seven years in prison for the young childs death. The thoughts and prayers of your co-workers are with you and your family. Hannah R. (Saem) Overton (born 1977) - Texas And its full of great reads, yall. The nondenominational church, on the south side of Corpus Christi, drew many young evangelicals with its emphasis on a verse-by-verse understanding of the Bible, and Larry and Hannah were well-regarded members. 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. I wouldnt give up that time we had with him and that he had with us.. They get to see her for two hours, once a monthtwenty-four hours in a year, Larry said. After dinner the kids settled down in front of the TV to watch a movie that was Isabels pick: a Japanese animated film that her brothers and sisters showed less enthusiasm for, fidgeting as they lay next to each other on the carpet. Hannah Overton, a Corpus Christi homemaker and mother of five, was convicted of capital murder in 2007 for the death Andrew Burd, the four-year-old boy she and her husband were in the process. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. When Andrew complained of being hungry that afternoon, Hannah gave him more of the leftover soup. The defense presented the jury with a medical mystery. In the eyes of law enforcement, Hannah and Larry were not grieving parents but perpetrators of an appalling crime. Former prosecutor Anna Jimenez, who had assisted Eastwood as second chair at Hannahs trial, subsequently wrote a letter to Orr claiming that a sheaf of medical records that Eastwood had asked her to fax to an expert witness before trial had not included the documents that Orr had uncovered. Mr. Overton was a U. S. Army Veteran and a member of the First United Methodist Church in Bryant. Our thoughts and prayers are with you and your family during this difficult time., With love and warm memories of our Cousin Pete. Please allow 24 hours for your entry to be reviewed for appropriate content. When Andrew was two-and-a-half years old, CPS determined that he was in immediate danger, according to an affidavit, and he was put in foster care. Like Hannah, Haller homeschooled her children, and the two mothers split teaching duties; the Haller children went to the Overton home for instruction for part of the day and vice versa. Overton's original trial attorneys admitted at an appeals hearing that they had made errors. 1 x 120' / Produced for Discovery Networks. A block away from the clinic, as they waited at a red light, Andrew stopped breathing. Dabney will be missed by so many. I asked Hannah if her faith had been shaken by Andrews loss and the suffering that she and her family had experienced. But was this churchgoing young woman a vicious child killer? Despite all the pain, she told me that if she could do it over again, she would not change their decision to bring Andrew into their home. I was one of those who was lucky enough to share a friendship with this kind, strong and loving man. He served as president of the School of Law. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. A memorial service will be held at St. Paul's Episcopal Church in Miller's Tavern, Va. on Sunday, November 22nd at 2 p.m. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. He. Our thoughts and prayers are with you and your family. (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.) As you know, Dabney and I had a lot of good times and he was a dear friend and fraternity brother. Hannah did describe how she and Larry had at first tried to treat the boys symptoms themselves, often volunteering more information than the detective had asked for. "After further review of all the evidence and meeting with her defense attorneys and everyone involved, my office decided that we're going to dismiss the case and include language in there that would actually indicate that she's not guilty of the charge that we charged her with, or the previous administration," Gonzalez said at the time. (In his 32 years of practicing law, Gilmore told me, he has never run across the charge of capital murder by omission before or since.) He was a great classmate and teamate at St Christopher's. But Saenzs account of his whereabouts on the evening of the murder did not jibe with the evidence, and blood that matched the victims type was discovered inside his van. I know he will be missed by all his family and friends. Gemma Mitchell, a phlebotomist, recalled overhearing Hannah tell medical staff that Andrew had stopped breathing after he was punished. No one could corroborate her story, and under cross-examination, she admitted that she had never told anyone this fact until taking the stand. There is no photo or video of Jonah Lee Overton.Be the first to share a memory to pay tribute. There wasnt anything that I thought was dangerously wrong with him at that point. All he needs is lots of love and attention, she told Larry. It was later believed the boy suffered a rare medical condition called hypernatremia, which can cause fatal sodium levels in the body. So I got to see that.. He inspired me to take up running, and to go from owning 1 dog to 2! The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. However, Judge Longoria could allow the jury to consider a lesser charge if he felt that the evidence did not support capital murder, and after hearing the states case, he did so, telling both the prosecution and the defense that he was willing to let the jury consider manslaughter or criminally negligent homicide. She left nursing behind, channeling her energy instead into raising the large family she had always wanted. The Huntsville Times. Another nurse, Dina Zapata, remembered Hannah smirking as she tried to resuscitate him. Hoping to show him that his behavior was self-destructive, Larry told Andrew one morning that he could have as much as he wanted for breakfast. The following week, Hannahwho had no history with CPS and no previous arrests, and had never had so much as a parking ticketwas charged with capital murder. Our thoughts, hugs and prayers are with you. . Until then, she said, Andrew was doing nothing that my other kids hadnt done with the flu. Each pregnancy felt extraordinarily fortunate; after Isaac, Hannah had suffered two miscarriages and been advised that she might not be able to have more children. I never saw Hannah be anything but patient and loving with all the kids, the now-married mother of two told me. You can send your sympathy in the guestbook provided and share it with the family. CORPUS CHRISTI - Early on Oct. 3, 2006, the morning after her neighbor Hannah Overton had rushed a dying 4-year-old boy to a nearby urgent care clinic, Kathi Haller got a visit from police. I remind them that the Lord loves him more than anyone could and he is with Him now and we will see him again someday.. I wouldnt give up that time we had with him and that he had with us., As we sat across from each other in the dayroom, Hannah and I discussed her case and the anguish that had consumed her following Andrews death. If Hannah had been looking for a way out, she would have called the adoption agency and told them that she and Larry couldnt go through with it. Hess was unmoved. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. She was even slighter in person than I had expected, and as she related the events of the past five years in her soft voice, she looked hopelessly out of place in her white prison jumpsuit. Before he left, Haller recalled his saying, You might want to prepare for the media.. Before they headed to bed, Larry turned up the lights for their nightly devotions. The burden on the state to prove its case beyond a reasonable doubt was, Gilmore told me, perhaps less than it should have been. I was just trying to fix itto do anything I could to fix my baby, she said. 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. Hannah Overton and her family spend Christmas together for the first time in seven years. I think I'll always remember him as simply super cool himself.
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