Saturday, December 12, 2009

Bond granted for woman accused of child abuse

Christine Ferretti / The Detroit News

Mount Clemens -- A Harrison Township woman who spent more than four years behind bars on a child abuse conviction was granted bond Wednesday as she awaits a new trial.

Julie Baumer's relatives and supporters hugged and shook hands after Macomb County Circuit Court Judge James M. Biernat outlined the terms of her release from the Huron Valley Correctional Facility in Ypsilanti.

"I feel justice has been done. She's innocent," said Julie's mother, Victoria Rose-Baumer. "We never expected the first conviction. It was unjust."

Biernat granted Baumer, 33, a new trial in November on claims her previous legal representation was inadequate. She was convicted in 2005 of first-degree child abuse for shaking her infant nephew, Philipp Baumer, and leaving him blind and brain-injured. The boy has since been adopted and renamed Ben Zentz.

Biernat set a cash or surety bond of $25,000.

Baumer will be required to wear a GPS tether and reside at the Grace Centers of Hope in Pontiac, a faith-based rehabilitation campus. She's also expected to begin working for her former Mount Clemens employer, Alliance Financial, next week.

Biernat prohibited Baumer from having contact with Ben or his new family, as well as young children. Ben's adoptive parents, Debi and Philip Zentz, who attended the hearing Wednesday, said the bond was reasonable.

"It'll be good for her to go reside at this facility and benefit from the programs they can offer her," said Debi Zentz, who has said the thought of a new trial is troubling. She just wants justice for Ben and for Baumer to serve the time she was given.

The judge's decision to grant a new trial followed a series of evidentiary hearings this fall in which Baumer's new attorneys -- Carl Marlinga and Charles Lugosi -- presented experts who testified that the boy's injuries were consistent with venous sinus thrombosis or a "childhood stroke," rather than shaking.

Biernat said Baumer's previous attorney deprived her of a substantial defense by failing to retain an expert who could back up the theory that a stroke may have caused Ben's condition.

The Macomb County Prosecutor's Office plans to challenge the judge's ruling with the state Court of Appeals. Once they do, Baumer and her attorneys will have to wait to see if the higher court will affirm Biernat's decision. The University of Michigan Innocence Clinic has agreed to represent Baumer on appeal. Baumer is serving a 10- to 15-year sentence.

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