State Rests, Defense Seeks Mistrial In Kincaid Case
July 31, 2020 at 12:53 a.m.
By Amanda [email protected]
Kincaid, 31, Columbia City, is charged with aggravated battery, a Level 1 felony; neglect of a dependant resulting in death, a Level 1 felony; and battery resulting in death to a person less than 14 years old, a Level 2 felony, after 11-month-old Emma Grace Leeman, of Pierceton, died from injuries allegedly caused while in Kincaid’s care on April 12, 2018.
Whitley County Prosecuting Attorney D.J. Sigler is representing the state of Indiana, and Kincaid is represented by Zach and Bradley Baber of Baber & Baber PC in Columbia City.
A jury of five men and seven women are deciding Kincaid’s guilt that could put her behind bars for 110 years if convicted of all charges.
On Thursday, jurors picked up where Wednesday left off with more testimony and interview footage between Kincaid and Indiana State Police Det. Mike Collins, who also administered a polygraph test to Kincaid, which she failed. Collins testified that his findings for Kincaid’s polygraph results were 99.99% accurate.
Jurors then heard from Andrea Blankenship, Kincaid’s mother, who testified that she had been at Kincaid’s home April 10, 11 and 12 of 2018. Blankenship said she was concerned about Emma’s behavior and said Emma was “convulsing” or, rather, throwing herself backward and pulling at her left ear. Blankenship testified that she told Sherry Leeman, Emma’s mother, that maybe Emma ought to see a doctor but Leeman said Emma was fine.
Blankenship described her daughter as someone who would “go above and beyond for others than do for herself,” and said it wasn’t odd to her that her daughter didn’t tell her about the police investigation or the failed polygraph until Kincaid was arrested because Kincaid is a “reserved person.”
Next, jurors heard from Brad Kincaid, Courtney’s husband of nearly seven years, who testified they have three children ages 3, 5 and 7.
He said that his wife never told him about the police investigation or the failed polygraph until detectives showed up at their Columbia City home in August and revealed it.
“I don't think she told us because I don’t think that’s the story that she believes to be true,” Brad testified.
After the lunch break, jurors then heard from Whitley County Department of Child Services case worker Chelsea Vance. While being questioned by Sigler about an interview Vance had with Courtney Kincaid on June 19, 2019, and any subsequent DCS history Kincaid has, Kincaid’s attorneys objected, the jury was excused from the courtroom and Baber demanded a mistrial.
“There is no way there could be a fair and impartial trial at this time,” Baber said.
Whitley Circuit Court Judge Matthew Rentschler said he will take it under advisement and listen to the courtroom recordings overnight and announce his ruling on a mistrial this morning.
The proceedings continued Thursday after that, with Vance testifying that she was discussing with Kincaid a May 29, 2019, interview Kincaid had with detectives where she allegedly confessed to laying Emma “down on the floor as hard as I could.”
“Her response was she immediately began shaking,” Vance said. “You could see tears coming into her eyes, and you could tell that she was breathing very shallowly, and when I asked her what was that? The truth? She just began to not her head yes.”
Vance said Kincaid told her she was having nightmares and flashbacks.
“When I asked her what that was around, she just kept repeating, ‘the truth.’ She said she had not told anyone in her family the truth.”
Next, jurors heard testimony from Dr. Darin Wolfe, the forensic pathologist who performed an autopsy on Emma on April 16, 2018.
Wolfe testified Emma’s cause of death was blunt force traumatic injury of the head, and the manner of death was homicide.
Wolfe explained how he performs autopsies, and jurors were shown three photos of Emma from that autopsy, including Emma’s skull removed and the break in it covered with blood.
Kincaid has told police five separate stories ranging from she knows nothing to she dropped Emma on her concrete patio to Emma fell over a 3-foot ledge onto concrete to laying her down as hard as she could on carpeted floor. Wolfe said it would not be possible for the injury Emma suffered to be caused from dropping from a ledge onto concrete unless it was from “several stories” up. Speaking to Kincaid’s other stories, Wolfe said, “This is significant impact to the head. I don’t know how you’d lay someone down and cause this injury.”
Wolfe also said that based on his experiences with about 1,500 autopsies, a child the age of Emma – a month away from being 1 year old – would have a skull that is “very hard and it is very similar to an adult’s.”
When asked about other injuries Wolfe noticed on the body by jurors, Wolfe said that Emma had bruises on her forehead and right cheek that are “unlikely to be from surgery.”
The state rested their case after more testimony from Whitley County Sheriff’s Dept. Det. William Brice.
The defense’s first witness was Miranda Gaff, a mother of three children who Kincaid babysat for.
Gaff said she never had any problems with Kincaid watching her children and that on the morning of April 12, 2018, nothing seemed out of the ordinary.
A friend of Kincaid’s, Gaff said she’s had Kincaid babysit her children a couple times after the April 12, 2018, incident.
Gaff also was not aware until her testimony Thursday that Kincaid had failed a polygraph exam or that Emma’s death was ruled a homicide.
Jurors then heard from two other mothers of children Kincaid babysat. Both of them also agreed they had no problems with Kincaid watching their children.
The defense will continue calling witnesses at 8:30 a.m. today.
Pending a mistrial, jurors are expected to begin deliberations today and return with a verdict.
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Kincaid, 31, Columbia City, is charged with aggravated battery, a Level 1 felony; neglect of a dependant resulting in death, a Level 1 felony; and battery resulting in death to a person less than 14 years old, a Level 2 felony, after 11-month-old Emma Grace Leeman, of Pierceton, died from injuries allegedly caused while in Kincaid’s care on April 12, 2018.
Whitley County Prosecuting Attorney D.J. Sigler is representing the state of Indiana, and Kincaid is represented by Zach and Bradley Baber of Baber & Baber PC in Columbia City.
A jury of five men and seven women are deciding Kincaid’s guilt that could put her behind bars for 110 years if convicted of all charges.
On Thursday, jurors picked up where Wednesday left off with more testimony and interview footage between Kincaid and Indiana State Police Det. Mike Collins, who also administered a polygraph test to Kincaid, which she failed. Collins testified that his findings for Kincaid’s polygraph results were 99.99% accurate.
Jurors then heard from Andrea Blankenship, Kincaid’s mother, who testified that she had been at Kincaid’s home April 10, 11 and 12 of 2018. Blankenship said she was concerned about Emma’s behavior and said Emma was “convulsing” or, rather, throwing herself backward and pulling at her left ear. Blankenship testified that she told Sherry Leeman, Emma’s mother, that maybe Emma ought to see a doctor but Leeman said Emma was fine.
Blankenship described her daughter as someone who would “go above and beyond for others than do for herself,” and said it wasn’t odd to her that her daughter didn’t tell her about the police investigation or the failed polygraph until Kincaid was arrested because Kincaid is a “reserved person.”
Next, jurors heard from Brad Kincaid, Courtney’s husband of nearly seven years, who testified they have three children ages 3, 5 and 7.
He said that his wife never told him about the police investigation or the failed polygraph until detectives showed up at their Columbia City home in August and revealed it.
“I don't think she told us because I don’t think that’s the story that she believes to be true,” Brad testified.
After the lunch break, jurors then heard from Whitley County Department of Child Services case worker Chelsea Vance. While being questioned by Sigler about an interview Vance had with Courtney Kincaid on June 19, 2019, and any subsequent DCS history Kincaid has, Kincaid’s attorneys objected, the jury was excused from the courtroom and Baber demanded a mistrial.
“There is no way there could be a fair and impartial trial at this time,” Baber said.
Whitley Circuit Court Judge Matthew Rentschler said he will take it under advisement and listen to the courtroom recordings overnight and announce his ruling on a mistrial this morning.
The proceedings continued Thursday after that, with Vance testifying that she was discussing with Kincaid a May 29, 2019, interview Kincaid had with detectives where she allegedly confessed to laying Emma “down on the floor as hard as I could.”
“Her response was she immediately began shaking,” Vance said. “You could see tears coming into her eyes, and you could tell that she was breathing very shallowly, and when I asked her what was that? The truth? She just began to not her head yes.”
Vance said Kincaid told her she was having nightmares and flashbacks.
“When I asked her what that was around, she just kept repeating, ‘the truth.’ She said she had not told anyone in her family the truth.”
Next, jurors heard testimony from Dr. Darin Wolfe, the forensic pathologist who performed an autopsy on Emma on April 16, 2018.
Wolfe testified Emma’s cause of death was blunt force traumatic injury of the head, and the manner of death was homicide.
Wolfe explained how he performs autopsies, and jurors were shown three photos of Emma from that autopsy, including Emma’s skull removed and the break in it covered with blood.
Kincaid has told police five separate stories ranging from she knows nothing to she dropped Emma on her concrete patio to Emma fell over a 3-foot ledge onto concrete to laying her down as hard as she could on carpeted floor. Wolfe said it would not be possible for the injury Emma suffered to be caused from dropping from a ledge onto concrete unless it was from “several stories” up. Speaking to Kincaid’s other stories, Wolfe said, “This is significant impact to the head. I don’t know how you’d lay someone down and cause this injury.”
Wolfe also said that based on his experiences with about 1,500 autopsies, a child the age of Emma – a month away from being 1 year old – would have a skull that is “very hard and it is very similar to an adult’s.”
When asked about other injuries Wolfe noticed on the body by jurors, Wolfe said that Emma had bruises on her forehead and right cheek that are “unlikely to be from surgery.”
The state rested their case after more testimony from Whitley County Sheriff’s Dept. Det. William Brice.
The defense’s first witness was Miranda Gaff, a mother of three children who Kincaid babysat for.
Gaff said she never had any problems with Kincaid watching her children and that on the morning of April 12, 2018, nothing seemed out of the ordinary.
A friend of Kincaid’s, Gaff said she’s had Kincaid babysit her children a couple times after the April 12, 2018, incident.
Gaff also was not aware until her testimony Thursday that Kincaid had failed a polygraph exam or that Emma’s death was ruled a homicide.
Jurors then heard from two other mothers of children Kincaid babysat. Both of them also agreed they had no problems with Kincaid watching their children.
The defense will continue calling witnesses at 8:30 a.m. today.
Pending a mistrial, jurors are expected to begin deliberations today and return with a verdict.
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