Mother Testifies At Trial Of Man Accused Of Killing Her Daughter
July 28, 2016 at 4:25 p.m.
By Daniel [email protected]
Clark, 35, is on trial in Kosciusko Circuit Court on charges of murder and battery resulting in death. The charges result from the May 25 death of 2-year-old Samantha Muchowicz. Muchowicz died from blunt force trauma at the Ridinger Lake home of her mother, Matara Muchowicz.[[In-content Ad]]Clark also lived at the home.
At the time of his arrest, Clark told police the child's injuries were the result of a fall.
Clark's attorney, Bryon J. Berry, filed a motion to withdraw the insanity defense this morning. Judge Rex Reed approved the motion.
In court this morning, Josh Spangle, a crime scene investigator with the Kosciusko County Sheriff's Department was called to testify.
He showed slides of a red-stained diaper pushed between two couch cushions on a couch where Samantha was found by her mother.
He also showed photos of red-stained tissues and a pillowcase on the couch and a red-stained diaper in the trash.
Red-stained pajamas were found in Samantha's bedroom, and Spangle also showed photos of a hole in the drywall in the bathroom.
The hole was 70 inches above the floor with traces of red stains and hair, Spangle testified late this morning.
In testimony Tuesday, Matara Muchowicz said Clark looked different the day she came home to find him and her dying 2-year-old daughter.
Muchowicz testified Tuesday on behalf of the state in its case against Clark.
"He did not look like the man I fell in love with," said Muchowicz of her ex-fiance.
Muchowicz said she came home around 1:50 p.m. May 25, 2007, to find Samantha lying naked on top of Clark.
When Muchowicz approached closer to Clark and Samantha, she stated she saw blood around Samantha's mouth.
Muchowicz - who kept her head down on the stand, cried frequently and talked softly - was on the stand for more than 30 minutes.
She described her relationship with Clark as "normal with some rocky points." She stated that prior to May 25, Clark was never violent with either her or her daughter and that he held Samantha "on a pedestal. He treated her like gold."
That characterization varies from the one provided by Muchowicz on the day of Samantha's death.
Muchowicz told the jury that after she took her daughter from Clark and dialed 911, Clark hung the phone up on her and told Muchowicz Samantha was "brain dead." Muchowicz also told the jury that Clark struck her with a closed fist while she was trying to dial 911.
The night before, Muchowicz stated Clark told her he had congestive heart failure.
The morning of May 25, Muchowicz told Kosciusko County Prosecuting Attorney R. Steven Hearn that she woke up, gave Samantha some milk, told both her and Ian she loved them and went to work.
Muchowicz told Hearn that Clark's health problems caused her to become ill on her way to work at a maid service in Warsaw. When she arrived at work, her boss allowed her to leave. Instead of going home, Muchowicz went to Penny Masterson's house in Warsaw. Muchowicz and "Aunt Penny," as she is referred to by Muchowicz, were together until 1:15 p.m., then Muchowicz headed home.
Muchowicz said she bought Clark a case of beer on the evening of May 24, but he wasn't drinking when she left for work around 7:30 a.m. and that he was awake. She also stated that she didn't believe Clark was intoxicated when she arrived home May 25.
Besides Muchowicz, officers who dealt with Clark that day also testified that they didn't believe Clark was intoxicated. Clark's attorney, Bryon J. Berry, is defending his client on the basis of an insanity plea and stated that Clark's intoxication played a part in the events of May 25.
Berry and Muchowicz clashed on whether she was "concerned" Clark would be blamed for injuries suffered by Samantha prior to May 25.
Muchowicz told the jury her daughter had a propensity to fall and that she had planned on calling the Shrine Hospital to check on her condition.
Samantha also suffered a cut on her foot while stepping on a razor in the bathtub and had a bruise from a portable heater falling on her. Muchowicz claimed the bruise from the heater was almost healed by May 25.
"So you were concerned Ian would be blamed for those injuries," said Berry.
"I wouldn't say concerned," said Muchowicz. "It was my fault."
Muchowicz stated again later in her testimony that she wasn't "concerned" about Clark being blamed for certain injuries, rather she wanted to take responsibility for them.
Stacy Bowbeck, a nurse at Kosciusko Community Hospital who was working when Samantha came into the emergency room, said "there was bruising from head to toe" on Samantha, and the bruises were a bright blue or purple color, which Bowbeck stated means the bruises were sustained within hours.
When Berry questioned Bowbeck, he brought up a chart for Samantha that stated the 2-year-old "had suffered for weeks, months and years." Bowbeck denied making this statement and attributed it to a nurse who had been at the hospital less than a year. Bowbeck stated the injuries suffered by Samantha, "didn't occur weeks or months prior."
Also testifying for the state was Kosciusko County Sheriff's Deputy Shane Bucher. Bucher was the first person to arrive at the scene and attempted to perform CPR on Samantha. Bucher said when he arrived, he saw Samantha had bruises all over her body and blood around her mouth.
"I felt her pulse and there was none," said Bucher.
Later, Bucher said he entered the residence and observed Clark sitting on the couch, smoking a cigarette and watching television.
When Bucher asked Clark what happened, Clark said, "She fell and hit her head on the coffee table" three hours prior to Muchowicz's 911 call.
Clark then told Bucher, "Either take me to jail or get the (expletive) out of my house."
Berry asked a Kosciusko County Drug Task Force officer, who testified later, why no sobriety tests were given. The officer sat with Clark in a room at KCH in the afternoon of May 25.
The officer said that in domestic violence cases, it wasn't procedure to draw blood or do sobriety tests on subjects, but that as the investigation progressed, blood was taken from Clark.
The officer also stated that Clark was coherent and the officer didn't believe Clark was intoxicated.
Clark also made threats toward the officer stating he would "bring the Hell's Angels to Warsaw to come after him."
When further questioned as to why he didn't perform sobriety tests on Clark, the officer stated that performing one wouldn't have been possible as Clark was being "uncooperative."
Clark became agitated at the officer's comment, raising his voice as he spoke to Berry.
The officer also noted that when blood was taken from Clark, it wasn't taken for the purpose to determine Clark's sobriety.
Today's proceedings were delayed an hour due to weather.
Clark, 35, is on trial in Kosciusko Circuit Court on charges of murder and battery resulting in death. The charges result from the May 25 death of 2-year-old Samantha Muchowicz. Muchowicz died from blunt force trauma at the Ridinger Lake home of her mother, Matara Muchowicz.[[In-content Ad]]Clark also lived at the home.
At the time of his arrest, Clark told police the child's injuries were the result of a fall.
Clark's attorney, Bryon J. Berry, filed a motion to withdraw the insanity defense this morning. Judge Rex Reed approved the motion.
In court this morning, Josh Spangle, a crime scene investigator with the Kosciusko County Sheriff's Department was called to testify.
He showed slides of a red-stained diaper pushed between two couch cushions on a couch where Samantha was found by her mother.
He also showed photos of red-stained tissues and a pillowcase on the couch and a red-stained diaper in the trash.
Red-stained pajamas were found in Samantha's bedroom, and Spangle also showed photos of a hole in the drywall in the bathroom.
The hole was 70 inches above the floor with traces of red stains and hair, Spangle testified late this morning.
In testimony Tuesday, Matara Muchowicz said Clark looked different the day she came home to find him and her dying 2-year-old daughter.
Muchowicz testified Tuesday on behalf of the state in its case against Clark.
"He did not look like the man I fell in love with," said Muchowicz of her ex-fiance.
Muchowicz said she came home around 1:50 p.m. May 25, 2007, to find Samantha lying naked on top of Clark.
When Muchowicz approached closer to Clark and Samantha, she stated she saw blood around Samantha's mouth.
Muchowicz - who kept her head down on the stand, cried frequently and talked softly - was on the stand for more than 30 minutes.
She described her relationship with Clark as "normal with some rocky points." She stated that prior to May 25, Clark was never violent with either her or her daughter and that he held Samantha "on a pedestal. He treated her like gold."
That characterization varies from the one provided by Muchowicz on the day of Samantha's death.
Muchowicz told the jury that after she took her daughter from Clark and dialed 911, Clark hung the phone up on her and told Muchowicz Samantha was "brain dead." Muchowicz also told the jury that Clark struck her with a closed fist while she was trying to dial 911.
The night before, Muchowicz stated Clark told her he had congestive heart failure.
The morning of May 25, Muchowicz told Kosciusko County Prosecuting Attorney R. Steven Hearn that she woke up, gave Samantha some milk, told both her and Ian she loved them and went to work.
Muchowicz told Hearn that Clark's health problems caused her to become ill on her way to work at a maid service in Warsaw. When she arrived at work, her boss allowed her to leave. Instead of going home, Muchowicz went to Penny Masterson's house in Warsaw. Muchowicz and "Aunt Penny," as she is referred to by Muchowicz, were together until 1:15 p.m., then Muchowicz headed home.
Muchowicz said she bought Clark a case of beer on the evening of May 24, but he wasn't drinking when she left for work around 7:30 a.m. and that he was awake. She also stated that she didn't believe Clark was intoxicated when she arrived home May 25.
Besides Muchowicz, officers who dealt with Clark that day also testified that they didn't believe Clark was intoxicated. Clark's attorney, Bryon J. Berry, is defending his client on the basis of an insanity plea and stated that Clark's intoxication played a part in the events of May 25.
Berry and Muchowicz clashed on whether she was "concerned" Clark would be blamed for injuries suffered by Samantha prior to May 25.
Muchowicz told the jury her daughter had a propensity to fall and that she had planned on calling the Shrine Hospital to check on her condition.
Samantha also suffered a cut on her foot while stepping on a razor in the bathtub and had a bruise from a portable heater falling on her. Muchowicz claimed the bruise from the heater was almost healed by May 25.
"So you were concerned Ian would be blamed for those injuries," said Berry.
"I wouldn't say concerned," said Muchowicz. "It was my fault."
Muchowicz stated again later in her testimony that she wasn't "concerned" about Clark being blamed for certain injuries, rather she wanted to take responsibility for them.
Stacy Bowbeck, a nurse at Kosciusko Community Hospital who was working when Samantha came into the emergency room, said "there was bruising from head to toe" on Samantha, and the bruises were a bright blue or purple color, which Bowbeck stated means the bruises were sustained within hours.
When Berry questioned Bowbeck, he brought up a chart for Samantha that stated the 2-year-old "had suffered for weeks, months and years." Bowbeck denied making this statement and attributed it to a nurse who had been at the hospital less than a year. Bowbeck stated the injuries suffered by Samantha, "didn't occur weeks or months prior."
Also testifying for the state was Kosciusko County Sheriff's Deputy Shane Bucher. Bucher was the first person to arrive at the scene and attempted to perform CPR on Samantha. Bucher said when he arrived, he saw Samantha had bruises all over her body and blood around her mouth.
"I felt her pulse and there was none," said Bucher.
Later, Bucher said he entered the residence and observed Clark sitting on the couch, smoking a cigarette and watching television.
When Bucher asked Clark what happened, Clark said, "She fell and hit her head on the coffee table" three hours prior to Muchowicz's 911 call.
Clark then told Bucher, "Either take me to jail or get the (expletive) out of my house."
Berry asked a Kosciusko County Drug Task Force officer, who testified later, why no sobriety tests were given. The officer sat with Clark in a room at KCH in the afternoon of May 25.
The officer said that in domestic violence cases, it wasn't procedure to draw blood or do sobriety tests on subjects, but that as the investigation progressed, blood was taken from Clark.
The officer also stated that Clark was coherent and the officer didn't believe Clark was intoxicated.
Clark also made threats toward the officer stating he would "bring the Hell's Angels to Warsaw to come after him."
When further questioned as to why he didn't perform sobriety tests on Clark, the officer stated that performing one wouldn't have been possible as Clark was being "uncooperative."
Clark became agitated at the officer's comment, raising his voice as he spoke to Berry.
The officer also noted that when blood was taken from Clark, it wasn't taken for the purpose to determine Clark's sobriety.
Today's proceedings were delayed an hour due to weather.
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