. Did you at any time strike him? Hess asked. Overton's original trial attorneys admitted at an appeals hearing that they had made errors. Menu. Losing his patience, Larry took the sheets to the familys fire pit and burned them. -- Sarah Albiston, I enjoyed working with Dabney from time to time. The defendant has portrayed herself as a nurturing Christian woman, Eastwood proclaimed. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. She left nursing behind, channeling her energy instead into raising the large family she had always wanted. He enjoyed everything he did, was always friendly and supportive. Left: Andrew and Isabel playing together. She had a way with Michael that even my wife and I didnt completely understand, his father, Richard, told me. Hannah would never harm a child. Even setting aside her loyalty to her friend, the detectives theory made no sense to her. Dabney was born on July 31, 1963 and grew up in Essex County, Va. But law enforcement and emergency medical personnel who treated Andrew thought otherwise. Yet to find her guilty, theyd had to believe that she knew he would die if she did not get him immediate medical attention. Benign conditions and life-threatening conditions look the same in the beginning, he said. It came as a shock when I got the call from Peter Detlefs letting me know that Dabney had passed away. Pam Rooker. I was privileged to know Dabney at W&L and as a fraternity brother at LXA. I never knew him but it is obvious from all the wonderful things that people are saying that he was an incredible person and friend to so many. I first met him shortly after the death of my husband 4 years ago and his kind, gentle spirit and wonderful sense of humor made such a difference at that time and ever since. 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. Andrews behavior worsened that September, after the family was involved in a car accident. Hannah, we are all so sorry for the loss of your brother. Dabney was always smiling, no matter what was going on in his life. He touched my heart and those of my dear friends. January 21, 2023 (A former pastor of Hannahs had advocated reprimanding children when they were dishonest by putting a single red pepper flake on their tongues.) The Overtons have said they believed he instead had a rare medical conditioncalled hypernatremia that caused the fatal sodium levels. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. Its daily. They considered adopting a nine-year-old girl who was deaf, but when, after much prayer and deliberation, they decided to move forward with the adoption, they learned that the girl had been placed with another family. They were not allowed to be at Andrews bedside on the evening of October 3, when he experienced massive organ failure. The Overtons already had four children, and Larrys incomehe installed landscape lightingwas barely enough to make ends meet. He reached Doug Norman, who was part of the prosecution team at Hannahs trial and who is now responsible for fighting her appeal. EMTs and hospital staff had vigorously poked and prodded the boy as they attempted to revive him, first at the clinic, then in an ambulance, then at Christus Spohn Hospital, where he was initially taken, and finally at Driscoll, where he was transferred to the intensive care unit. I knew Dabney years ago while living in Richmond. She could not recall later what, exactly, he had been holding in his hand. Moritz, in fact, had been asked to testify as an expert witness for Hannahs defense at her trial. Hannah Overton and her husband hold up one of their Christmas presents. I wasnt thinking, obviously, or I would have just taken him to the hospital, Hannah told the detective. Unlike the three physicians who had testified for the prosecution, Cortes was the only doctor who had seen Andrew before his hospitalization; he had evaluated the boy during a routine checkup when Andrew was three years old and still living with Hamil. Hannah and the girls, who complained of feeling achy, were taken to the hospital in an ambulance while Larrys parents picked up the rest of the family and, after dropping Larry off at the hospital, took the boys to a nearby Whataburger. In the eyes of law enforcement, Hannah and Larry were not grieving parents but perpetrators of an appalling crime. Meanwhile, those who once pursued Hannah with such certainty have undergone their own trials. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. I know he will be missed by all his family and friends. It seemed to me, based upon the wording of the charge, that we had no choice but to find her guilty of capital murder. But, Warfield added, I do not believe that Mrs. Overton knew that her actions (or lack thereof) would kill Andrew Byrd [sic]. Dear Overton Family and Friends of Dabney. One woman said she didnt want to work with a child killer, Larry told me.) It was like they were arresting Bonnie and Clyde, Gilmore said. So she had to find a way out. (Hess did not respond to interview requests for this article but has previously denied Hallers version of events.) State district judge Jose Longoria, who would oversee Hannahs trial the following fall, would later rule Fernandezs finding of blunt force trauma to be inadmissible because it was not based on sufficient data or reliable methodology. The three oldest Overton children had gone to their aunts house to see their cousins, who were visiting from out of town, and Andrew grew increasingly agitated and restless, throwing a tantrum at three oclock in the morning. I feel sad. I worked with him at Branch Cabell years ago and also lived down the street from him for a while. The very dilute gastric sodium contents suggest . The court, which could rule imminently or years from now, could send the case back to Judge Longoria for a hearing orfar less likelyoverturn her conviction. [I] fully disclosed the DAs offices case file to the defense, she wrote in the lengthy statement. Overton cites a Bible verse from Hebrews 13:3 on the ministry website to explain its mission: "Remember those in prisonas if you were bound with them! Do Not Sell or Share My Personal Information. The Overtons moved forward with the adoption process, and in the spring of 2006, they received word that Andrew would be coming to live with them for a six-month trial period before the adoption was finalized. Overton's case drew national attention and she was the subject of the documentary "Until Proven Innocent.". 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. Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. Andrew was not a normal child, Cortes explained to me. The Overtons rushed him to a nearby urgent care clinic after his breathing became labored and he stopped responding to their questions, but by the time they arrived, he had fallen unconscious. I am so sorry to hear the news. If convicted, Hannah would receive an automatic life sentence. The way it was explained to me, thats how I would be charged if I accidentally ran a stoplight and hit somebody, he said. We report on vital issues from politics to education and are the indispensable authority on the Texas scene, covering everything from music to cultural events with insightful recommendations. Ive missed, you know, so many things, she said at the time. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overtons appellate team, http://pr-prod.com/project/until-proven-innocent/, https://www.usatoday.com/story/news/nation-now/2017/05/10/da-declare-texas-woman-innocent-salt-poisoning-case/315400001/, https://abcnews.go.com/US/texas-mother-freed-spending-years-prison-foster-sons/story?id=26186920. It was very tense. (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.) that he had unrestricted access to water. Given these facts, he explained, There is not a single piece of evidence which suggests that Hannah Overton salt-poisoned Andrew. Instead, Moritz added, the most likely scenario was that Andrew accidentally salt-poisoned himself., In light of this information, Moritz felt certain that Andrews prognosis would have been the same whether or not Hannah had called an ambulance. When Andrew complained of being hungry that afternoon, Hannah gave him more of the leftover soup. Hannah Overton announced the birth of her sixth child, Gabriela Aliana, this week in a Facebook post that described a difficult delivery. Regardless of how much food he consumed, he complained that he was hungry. His tantrums grew longer and more extreme, and he often banged his head against the floor. Those charges were not considered double jeopardy because Overtons conviction was overturned by the higher court on the basis of ineffective counsel, which granted her a new trial. Not long afterward, Larry and Hannah heard about Andrew at their church, Calvary Chapel of the Coastlands, which Andrews foster mother also attended. Both womens accounts were problematic; Gonzalez had never made a statement to police and was testifying from memory after nearly a years worth of negative media coverage, while Zapata had failed to mention anything about Hannah smirking when she wrote her initial report about the incident. If not for a Corpus Christi couple named Larry and Hannah Overton, Andrew might have lingered in state custody, shuffled from one foster home to another. 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. Its free. His foster mother, Hannah Overton, was charged with capital. If you would like a copy via email, please let me know. In anticipation of his arrival, Larry built a three-tiered bunk bed for Andrew and the two Overton boys: Isaac, who was seven years old, and Sebastian, who was two. What a loss for all of us; he will be missed. I fear she may have purposely withheld evidence that may have been favorable to Hannah Overtons defense, Jimenez wrote in her letter, which Orr would include in the writ. She and Larry were under tremendous financial strain, she admitted, but she stressed that they had rushed for help as soon as they realized how critical Andrews condition was. Because the court has not been inclined to intercede so far, members of Calvary Chapel have begun a letter-writing campaign to the Texas Board of Pardons and Paroles in hopes of securing a pardon or a commutation. Larry left for work the following morning, and Hannah, who was still in considerable pain from the car accident, gave Andrew and Sebastian breakfast before bringing them into bed with her to watch cartoons. They convicted her based on the latter argument, that she did not seek help quickly enough. Larry outside his family's home, in Corpus Christi, on November 22. We were in it for the long haul.. I also could never begin to thank those who supported us, prayed and prayed for us, and walked with us along the entire way, Overton said. I remind them that the Lord loves him more than anyone could and we will see him again someday.. I visited Hannah at the Murray Unit one bright, cloudless afternoon, when the warden granted her a few hours to speak with me. Obituaries Section. The case boils down to a woman who basically tortured a child, Eastwood continued. Finally he agreed to plead no contest to criminally negligent homicide. Afterward, she instinctively looked back to check on the children, not realizing that her face was covered in blood. I'm not saying goodbye but that I will see you later. Emma, the youngest, trailed behind them with a doll, occasionally running inside to bang on the piano. 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. She is awakened every morning at 2:45 a.m., rarely sleeping well; the overhead light above her bed never shuts off, and announcements blare throughout the night over the loudspeaker. The defense presented the jury with a medical mystery. The burden on the state to prove its case beyond a reasonable doubt was, Gilmore told me, perhaps less than it should have been. Published in Legacy from Nov. 11 to Nov. 12, 2009. To never have been producedit was very strange.. You and your family will be in our thoughts and prayers in the coming weeks. Im very thankful that this compensation is finally coming through, Overton told ABC News. I miss everything, she later wrote to me. We loved him and will miss him. Very sad to hear this news. Rather than let him remain in his wheelchair most of the day, as previous caretakers had done, Hannah kept him moving; she took him into his familys pool to stretch and used massage to loosen his contracted muscles. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. Sadly she lost her . 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. There was a time when I questioned how God could allow this to happen, she said. Its not even a consideration, she said. Michael, who had been born prematurely, was severely impaired; he had cerebral palsy, was blind, and could not walk or talk. Daniel Vaughn is the countrys first barbecue editor, and he has eaten more barbecue than you have.
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