Doctors Testify In Crooks Trial

Defense attorneys ended their arguments this morning, closing statements by the defense and prosecution were beginning at press time, and the Kristina Crooks trial was expected to go to the jury this afternoon.

Two doctors testified today for the defense. The first, Dr. Richard Niccum, formerly the family physician for Crooks and her daughter, Lois Ozenbaugh, said Lois had a history of bronchitis, which can cause swelling in the airway and throat.

Crooks, 20, of North Webster, is on trial in Kosciusko Circuit Court for neglect of a child causing serious injury resulting in death, reckless homicide and neglect of a child. Her 11-month-old daughter, Lois, was found dead Jan. 24, 1997, from choking on her own vomit. Six cigarette butts were found in Lois' stomach and blood tests revealed a high level of Valium in her system.

The second doctor, Dr. John Pless, director of fornesic pathology at Indiana University Medical Center, said the first X-ray taken at Kosciusko Community Hospital showed swelling of soft tissue on the left side of Lois' neck.

In spite of previous testimony by a radiologist that the swelling on the X-ray was caused by the position of Lois' neck, Pless said the swelling could have been caused by "most likely an injury of some type in that area."

Pless said the cause of death was that contents of Lois' stomach were aspirated into her airway, but said he couldn't tell what caused Lois to vomit.

He also said it was his opinion that the level of Valium in Lois' blood was not enough to suppress her vomiting reflex.

On cross examination, prosecutor David Kolbe asked Pless if there was sufficient space in Lois' throat for food to go down even if her throat was swollen, and Pless said yes.

"Was there also sufficient space for her to breathe?" Kolbe asked.

"Yes," Pless said.

On Wednesday, the mother and stepfather of Cory Iden testified about Cory's behavioral problems. Cory, who had a history of abusing children, was staying with his father, Steven Iden, and Crooks in their trailer at the time Lois died.

Defense team attorneys Jay Rigdon and Jamelyn Freeman questioned Steven Iden's ex-wife, Carol Hackworth, and her husband, Gary Hackworth. Carol is the mother of Steven Iden Jr. and Cory.

Gary testified first for the defense that when Cory stayed with him and his wife, he was "a lot of trouble."

"He couldn't be trusted with little children by himself," Gary said after finding out Cory had struck his 13-month-old granddaughter.

Carol then told the jury that Cory had been on medication for attention deficit and hyperactivity disorder while he was living with her. She described her son as "short-tempered, disobedient and irritable." Because of his trouble in school, he was eventually placed in a juvenile shelter for several months.

Carol said Cory had slapped the child while he was living with her while he was on medication. She testified that her husband took Cory off the medicine.

"I think he has the ability to do it again," Carol admitted when asked if she though Cory could strike another child. "If Cory is angry at someone, he gets even."

She said that Cory told her he was angry at sharing a room with Lois because he could not sleep at night when she cried. When he talked to Steven at Carol's suggestion, Cory told her Steven did nothing. "Later he [Cory] said it didn't seem to be a problem - he'd handle it," Carol said as she related a conversation with her son.

Carol described Cory as being able to convince people that he was not as violent as he really was. "I would not leave Cory alone with a small child," she said.

She also told the jury of a time she saw Crooks with her older daughter, Autumn. "The girl ran to her [Crooks], gave her kisses, and asked her for breakfast," Carol related. "Kris picked her up and did it."

A family case manager for Cory Iden from the Kosciusko County Office of Family and Children said that a report was made from Wawasee Schools asking for assistance because Cory was exhibiting violent tendencies at school.

The prosecutor called their final witness, Vicki Dittman, to the stand early Wednesday morning. She began crying as she talked about Crooks taking back the two children Dittman had taken care of off and on for 10 months.

Dittman said the last time she saw Lois alive was when Crooks took Lois and Autumn on Dec. 26, 1996. Crooks went to the Dittmans' home with two police officers and a blank piece of paper that Dittman assumed was a court order. "I never asked to see it because I was too upset," Dittman admitted.

Lois was found dead in her bed the same morning that the Dittmans had a guardianship hearing scheduled to take custody of the two girls. Proceedings are still pending for guardianship of Autumn.

The prosecution rested their case with Dittman's testimony.

The defense made a motion for a directed verdict from Judge Rex Reed, saying the state had not given enough evidence to support their case. Rigdon cited that neglect causing death would have required Crooks to know that there was a high probability her actions with her daughter could cause death. He pointed out that the defense believed the state had not presented evidence that Crooks knew Lois took a Valium or actually swallowed cigarettes.

Reed denied the motion saying, "It appears to me that the jury should be given the opportunity to weigh the evidence, and that I don't believe, contrary to the arguments of Mr. Rigdon, that the court should give the verdict."