FRANKLIN, Pa. (EYT) – Aggravated assault, child endangerment and related charges against a Franklin woman were filed in court Thursday in a case in which multiple physical injuries were discovered on her three-week-old son at a hospital in the Pittsburgh area. Charges against the child’s father were dropped.
(Photo: Emily Layman (left) leaves court on Thursday, July 28 with her husband, Cain Layman (right). Captured by Jacob Deemer/EYT.)
The following charges were ordered in court against a 22-year-old Emily Allyssa Layman during a preliminary hearing before District Judge Matthew T. Kirtland on Thursday, July 28:
– Endangering the Welfare of Children – Parent/Guardian/Other Commits a Felony, Felony 1 (Two Counts)
– Aggravated Assault – Victim Under 6 and Defendant 18 or Over, Felony 2 (Two Counts)
– Simple assault, misdemeanor 1 (two counts)
– Recklessly endangering another person, misdemeanor 2 (two counts)
The same charges were filed against a 22-year-old Cain Christopher Layman; however, all charges against him were dropped during Thursday’s preliminary hearing.
The testimony centered on two witnesses presented by Assistant District Attorney Justin Fleeger, who is prosecuting the case on behalf of District Attorney Shawn White.
The first witness, Dr. Matthew Valente, gave expert testimony regarding the medical findings regarding the possible abuse of the three-week-old child. Dr. Valente, a pediatric physician at UPMC Children’s Hospital of Pittsburgh and a member of the National Children’s Advocacy Center, described how the child’s injuries were found through multiple X-rays and MRIs. Dr. Valente told the court of his long history of alleged child abuse and explained that the injuries found on Layman’s son were “diagnostic of physical abuse” beyond a reasonable degree of certainty.
The defense questioned Dr. Valente on many issues, including his ignorance of the blood disorders that the parents and other experts claim the child has.
The second witness presented by the prosecution was Charles Albaugh, a case worker for Children and Youth Services of Venango County. Albaugh testified about his dealings with both Emily Layman and Cain Layman in the early stages of the investigation. Albaugh’s report of suspected child abuse (CYS Form 104) was entered into evidence by the prosecution, and his testimony revolved around that report.
After the hearing, Emily Layman said exploreVenango.com“I think they’re honestly grasping at straws at the moment.
“(The prosecution) has no solid evidence to hold on to. They dropped the charges against (Cain Layman) because they have nothing on him, but they’re clinging to stereotypical things.”
Calls to ADA Fleeger were not immediately returned.
Case details:
The charges stem from an investigation initiated by the Franklin Police Department on November 23, 2021, following a report of suspected child abuse (CYS Form 104).
According to a criminal complaint filed May 4, 2022, in the office of Magisterial District Judge Matthew T. Kirtland, the City of Franklin Police Department received a CYS 104 form on November 23, 2021 , about a three-week-old boy who was in a Pittsburgh hospital with numerous physical injuries that were of a suspicious nature.
According to the complaint, the three-week-old boy was presented to a Pittsburgh hospital on November 22, 2021 due to vomiting blood. The boy was found to have bruises on his shins and upper back. The declarant, a detective with the Franklin Police Department, noted that these injuries are of concern for physical abuse due to bruises with stamped injuries on a non-mobile child. It was noted that the injuries allegedly caused substantial pain.
Allegedly, the following conditions were declared: male – extreme restlessness from birth; irritable and vomiting at baseline; more demanding and vomiting blood since Saturday, November 20, 2021 (two days). Examination listed the patient as “well…except for bruising.” Preliminary x-ray reading listed a possible right rib fracture (healing) and left metaphyseal femur fracture, pending final reading and medical review. According to the parents, the patient was born with bruises. According to the parents, their primary care physician had previously examined the patient for bruising. Bruises on the patient’s back, according to the parents, the child’s brother may have thrown a toy, and hit the child, according to the complaint.
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