FORT WORTH (KFDX/KJTL) — The capital murder trial of James Irven Staley, III, for the death of 2-year-old Jason Wilder McDaniel, is set to continue with testimony on the ninth day of proceedings at the Tim Curry Criminal Justice Center in Tarrant County.
Thursday, March 9, 2023, marks the ninth day of testimony in the trial, with the State of Texas nearing the conclusion of presenting its case in chief to the jury before Staley’s defense team has the opportunity to bring their case.
A running live blog of Thursday’s testimony can be found below. This story will be updated frequently as testimony and cross-examination of various witnesses progress.
Judge Everett Young dismissed the jury until closing arguments, which are set to begin on Monday, March 13, 2023. Judge Young also released the defendant, James Staley, until that time. Counsel will convene for a charge conference on Friday, March 10, 2023.
The defense then rested their case. The State then closed its case, and the defense then closed its case. The jury was dismissed for Judge Young to discuss the timing of closing arguments and the jury charge.
Judge Young dismissed the witness.
4:07 p.m. — Prosecutor Lisa Tanner asked Bill Clutter if he has ever engaged in the science of blood spatter analysis. He testified that he had. Tanner passed the witness. Defense attorney Mark Daniel asked Clutter his opinion of Tom Bevel. Clutter said it was not good.
Defense attorney Mark Daniel passes the witness to the State for cross-examination.
4:06 p.m. — Bill Clutter testified that crime scene reconstruction and blood spatter analysis is considered subjective. Clutter testified that Bevel has been wrong in previous cases.
4:05 p.m. — Bill Clutter testified that in 2009, the American Academy of Forensic Sciences did an analysis of convicted felons who were exonerated by DNA analysis. Prosecutor Lisa Tanner objected that this witness was offering expert testimony. Judge Young sustained the objection.
4:02 p.m. — Bill Clutter testified that he was a part of the Innocence Project, which investigates claims of innocence by defendants. Clutter said he hired Tom Bevel on a death penalty case in 2007.
Judge Everett Young excuses the witness. Defense attorney Mark Daniel called their next witness, Bill Clutter, a private investigator.
3:55 p.m. — Prosecutor Lisa Tanner asked James Varnon if Tom Bevel has ever been excluded from testifying. Varnon testified that he had been. Tanner stated this was false and asked the court to strike it from the record. A shouting match between defense attorney Mark Daniel and Tanner took place. Eventually, Tanner stated that in fact Bevel was not excluded from the case Varnon claimed he was excluded from. After a very tense cross-examination, Varnon was dismissed.
Defense attorney Mark Daniel passes the witness to the State for cross-examination.
3:51 p.m. — James Varnon testified to his opinion of Tom Bevel. He testified that he had a bad opinion of Bevel’s honesty. He testified that the opinion of his competence is also a bad one.
3:50 p.m. — Defense attorney Mark Daniel asked James Varnon if he was familiar with Tom Bevel, the crime scene reconstructionist that testified on Wednesday. Prosecutor Lisa Tanner objected based on relevance, which was eventually overruled. Daniel and Tanner got into a short argument regarding the objections.
3:46 p.m. — Defense attorney Mark Daniel asked James Varnon if items of evidence should be packaged together. He testified that standard procedure calls for evidence to be packaged separately.
3:43 p.m. — James Varnon testified that he was in the crime scene unit of the Fort Worth Police Department. He testified on his experience in various scenes during his career. Defense attorney Mark Daniel asked how he would respond if it was suspected that someone washed evidence off their hands, and Varnon testified he could take a swab of a sink.
Judge Everett Young brings the jury back into the courtroom after a discussion with counsel outside of their presence. Defense attorney Mark Daniel called retired Detective James Varnon.
Judge Everett Young released the witness, then dismisses the jury, then the gallery. Testimony is set to resume following a short recess.
Prosecutor Lisa Tanner passed the witness back to the defense for further questioning.
3:19 p.m. — Prosecutor Lisa Turner asked Dr. Galaznik if a two-year-old would put up a fight if someone attempted to smother them, and he said he’s never seen it, but he believes they would. Tanner asked Dr. Galaznik if a two-year-old would put up more of a fight than a seven-month-old. Tanner asked if an injury as minor as the one to Wilder’s head would cause a fatal concussion. Dr. Galaznik stated that a fall could cause a concussion that could potentially be fatal. Tanner asked if he’s ever seen an autopsy where that was the case, and Dr. Galaznik said he has not seen one.
3:17 p.m. — Dr. Galaznik agreed with the fact that Wilder McDaniel had no skull fractures, no internal hemorrhaging of the head, no extremity fractures, and no apparent extremity injuries other than small bruises.
3:14 p.m. — Prosecutor Lisa Tanner asked Dr. Galaznik if he had a problem with Dr. Hastings’s autopsy findings that there were no signs of a fall. Defense attorney Terri Moore objected, which was followed by an objection from Tanner that the witness was being unresponsive. Judge Young overruled the defense’s objection. Dr. Galaznik failed to answer the question with a “yes” or “no”.
3:09 p.m. — Dr. Galaznik testified that he has not spoken to Dr. Dakil, Dr. Hastings, or Wilder’s pediatrician before testifying on Thursday. Dr. Galaznik testified this is the first trial he’s been asked to testify in involving smothering.
3:03 p.m. — Prosecutor Lisa Tanner read the study, which stated 95.1% of patients with nursery item-related injuries were treated and released at the hospital. She read of the 0.2% of injuries that resulted in death, 80.2% of those were under one year old. Tanner said she was having trouble finding an example of a child as old as Wilder dying in such a way.
2:59 p.m. — Prosecutor Lisa Tanner asked Dr. Galaznik about the Atkinson study he referred to earlier. Tanner read the study, of which the first line stated, “Shortfalls very rarely result in serious injury to a child”. Dr. Galaznik agreed. Tanner noted that the eight falls in the study were all observed, and none of those children were found on the ground, as Wilder was.
2:55 p.m. — Prosecutor Lisa Tanner asked if Dr. Galaznik was aware of text messages from Wilder’s mother, Amber McDaniel, that stated he was doing great in the crib. he was sleeping well in the crib, and that he never tried to escape his crib. Dr. Galaznik said he was not aware of those messages.
2:54 p.m. — Prosecutor Lisa Tanner asked if Dr. Galaznik is brought to testify on the behalf of people accused of some form of child abuse. Dr. Galaznik testified that he has not seen the position from the American Academy of Pediatrics on the height of a child who is in a crib. Dr. Galaznik testified that as soon as the child is making an effort to get out of the crib, they should be moved from the crib.
2:48 p.m. — Dr. Galaznik testified that most of the court appearances he makes involve him testifying about shaken children, medical issues, and other things of the sort. Prosecutor Lisa Tanner asked Dr. Galaznik if there are times when there’s a question about a head injury, and whether it was caused by abuse or a shortfall. Dr. Galaznik agreed.
2:46 p.m. — Dr. Galaznik testified that the last time he was a hands-on treating physician for a small child was in 1980.
2:46 p.m. — Prosecutor Lisa Tanner referred to her time at Texas A&M University, and the medical center, which she called the “Quack Shack”. Dr. Galaznik said he applied to work there, and he could’ve been treating Tanner. Defense attorney Mark Daniel and defendant James Staley got a good laugh out of this exchange.
2:43 p.m. — Prosecutor Lisa Tanner began cross-examination by asking Dr. Galaznik to provide a copy of his report. He testified that he was not asked to prepare a report.
Defense attorney Terri Moore passed the witness to the State for cross-examination.
2:40 p.m. — Defense attorney Terri Moore presented Dr. Galaznik a hypothetical scenario in which Wilder could have busted his lip on the railing of the crib, fallen back into the crib, bled on the pillow, then tried to climb out, then fallen on the hardwood floor and became unconscious, then did not resume breathing. Dr. Galaznik testified that he would be a plausible alternative. He testified that he is not alleging this is what happened to Wilder, but that it’s an alternative the jury should consider.
2:36 p.m. — Defense attorney Terri Moore asked Dr. Galaznik why he was testifying. Dr. Galaznik testified that there is another alternative to Wilder’s death other than being smothered and that the jury needs to be aware of what the literature said.
2:34 p.m. — Defense attorney Terri Moore asked Dr. Galaznik if he was aware of the American Academy of Pediatrics standard for a child being in a crib. Dr. Galaznik testified that when the child is approaching 35 inches tall, the railing is at chest height, or if the child is regularly trying to crawl out of the crib, they should transition to a bed.
2:33 p.m. — Defense attorney Terri Moore asked Dr. Galaznik if he saw an injury on Wilder’s autopsy that could have caused a concussion. Dr. Galaznik testified that upon observing the autopsy of Wilder McDaniel, he thought one of the bruises on the head could have caused it.
2:30 p.m. — Dr. Galaznik addresses the Atkinson study. He testified that the study is about witnessed shortfalls of a child from a standing position with their feet on the ground. Defense attorney Terri Moore asked if there were serious bodily injuries and or deaths contained in that study, and Dr. Galaznik testified that one did die and seven required emergency care in that study.
2:28 p.m. — Dr. Galaznik testified that another study he will address looks at shortfalls of less than three feet in children.
2:27 p.m. — Dr. Galaznik testified that children that died were not included in this study.
2:26 p.m. — Dr. Galaznik testified that approximately 1,000 children were taken to the emergency room for concussions in the year 2011, according to the study. He testified the actual number of children who suffered concussions could be much higher.
2:24 p.m. — Dr. Galaznik testified that he is aware of studies about injuries to children in and around cribs that are serious and could lead to death. The study he is referencing is from the American Journal of Pediatrics, published in April 2017.
2:22 p.m. — Dr. Galaznik testified that his opinion is objective, and he does not testify to prove abuse. He testified that he agreed with Dr. Hastings’s assessment of Wilder’s death and that the cause of death is undetermined.
2:19 p.m. — Dr. Galaznik testified that he has not testified on behalf of the prosecution in the past and that only the defense has contacted him to testify in court. He said he’d be delighted to testify on behalf of the prosecution if he were so called upon.
2:17 p.m. — Defense attorney Terri Moore questioned Dr. Galaznik on his background. Dr. Galaznik testified that he offers his services for consultation and expert testimony.
After confirming with counsel for both sides that they’re ready to proceed, Judge Everett Young brings the jury back into the courtroom. Staley’s defense team calls pediatrician Dr. John Galaznik to testify.
The Rule 705 hearing is concluded. After copies of literature that Dr. Galaznik is referencing are made for the State, Judge Everett Young intends to call the jury back into the courtroom so that testimony may proceed.
2:00 p.m. — Prosecutor Lisa Tanner asked Dr. Galaznik if he had copies of the studies which he’ll be referring to during his testimony. He stated that he did not. Dr. Galaznik said his expert testimony is largely in generalities.
Defense attorney Terri Moore passes the witness to the State for cross-examination.
1:57 p.m. — Dr. Galaznik testified that based on research done in 2017, about 1,000 children annually are injured and suffer from a concussion after falling, that concussions can cause death, and about the time at which children should be transitioned from the crib to a toddler bed.
1:55 p.m. — Dr. Galaznik has been a board-certified pediatrician since the 1990s. He hasn’t seen patients since 2017 and has focused on reviewing cases and testifying on them since then. Dr. Galaznik testified that he looks to discuss research on injuries involving children in and around cribs, as well as shortfalls.
The defense for James Staley calls Dr. John Galaznik to the stand for a Rule 705 hearing.
Judge Young dismisses the court for a short recess as the defense attempts to locate their witness, who after all, was sitting in the courtroom.
1:45 p.m. — Judge Everett Young locates the motion that was filed in July 2021, heard in January 2022 and granted, in which the defense asked for at least 36 hours of advanced notice when the State was expected to call an expert witness. Judge Young recalled that it was granted both ways, meaning the defense would have to disclose their experts within 36 hours of their testimony as well.
Judge Young resumes court from recess outside the presence of the jury. The defense is prepared to call an expert witness, pediatrician Dr. John Galaznik, to testify. The State requests a Rule 705 hearing outside of the jury’s presence to determine the admissibility of his testimony.
Judge Everett Young excuses the witness. Judge Everett Young dismisses the jury, then the gallery. Testimony is set to resume at 1:30 p.m.
Wichita County District Attorney John Gillespie passes the witness back to the defense.
12:25 p.m. — Wichita County District Attorney John Gillespie questioned Jason Odom about him not reaching out to the police to tell them about he had a phone call with James Staley the night before Wilder was found deceased. Gillespie said it wasn’t until May 2020 that detectives reached out to Odom regarding the phone call. Gillespie also said the phone call was only eight minutes long, as opposed to Odom’s previous testimony that the call lasted for an hour. Gillespie said Odom’s memory may have been foggy in the year and a half that passed between when the call was made and when police asked him about it.
Defense attorney Mark Daniel passes the witness to the State for cross-examination.
12:20 p.m. — Defense attorney Mark Daniel asked Jason Odom if he knew that Staley and Amber McDaniel were dating at the time. Odom testified that he heard another person on the phone and that James was talking to another person. Odom testified that James Staley told someone, “I’m on the phone with your brother,” and Odom said he told them “No, it’s her ex-husband.” Odom testified it sounded like they were having a good time and that they were joking back and forth.
12:18 p.m. — Defense attorney Mark Daniel calls Jason Odom. Odom testified that despite his last name matching Amber McDaniel’s maiden name, they are not related. Daniel asked if he recalls a phone exchange between Odom and James Staley on October 11, 2018. Odom testified that he remembered the phone call.
Judge Everett Young excuses the witness. James Staley’s defense team, represented by Mark Daniel, calls its next witness.
12:14 p.m. — Prosecutor Lisa Tanner asked Nathan Scott if they’d performed any life-saving measures or CPR on Wilder. Scott testified they did not. Tanner passed the witness.
Defense attorney Mark Daniel passes the witness back to the State for further cross-examination.
12:14 p.m. — Defense attorney Mark Daniel asked Nathan Scott about the report submitted by a coworker of hers who previously testified. Scott testified that the body of Wilder was cold to the touch, and determined he might have been deceased for some time.
Prosecutor Lisa Tanner passes the witness back to the defense team for further questioning.
12:11 p.m. — Prosecutor Lisa Tanner asked Nathan Scott if he ever saw Staley come in contact with Amber McDaniel on the day Wilder was found deceased. Tanner then asked Scott if he remembered seeing Staley come into the home after he went to sit with Amber McDaniel. He testified that Scott never patted Amber on the back, and just recalled seeing Staley in the hallway.
12:08 p.m. — Prosecutor Lisa Tanner asked Nathan Scott about hearing Amber McDaniel say “I think he fell out of his crib” on the day they responded to Wilder’s death. Tanner asked if it would stand to reason that someone would assume the child fell, based on where Amber found Wilder. Scott said he agreed.
12:07 p.m. — Prosecutor Lisa Tanner asked Nathan Scott how Amber McDaniel seemed when they arrived on the scene. Scott testified that Amber McDaniel seemed like a distraught, grieving mother who’d just discovered her child was deceased.
Defense attorney Mark Daniel passes the witness to the State for cross-examination.
12:04 p.m. — Nathan Scott testified that they canceled a call for the fire department after realizing Wilder was dead. Scott testified that AMR was on the scene for 16 minutes.
12:00 p.m. — Defense attorney Mark Daniel calls Nathan Scott to the stand. Scott was a paramedic who responded to the call from Staley’s residence on Irving Place on October 11, 2018. Scott testified that Wilder was deceased when they arrived at the scene and that Wilder’s mother, Amber McDaniel, was crying and screaming at the scene.
Judge Everett Young calls the jury back into the courtroom. The State of Texas rests its case in chief. Defense attorney Mark Daniel calls the defense’s first witness.
11:53 a.m. — Defense attorney Mark Daniel motioned to the court for Staley to be acquitted outside of the jury’s presence due to the State not proving the indictment beyond a reasonable doubt. Judge Young denied the motion.
Wichita County District Attorney John Gillespie rested the State’s case in chief.
11:50 a.m. — Judge Young said to the court that he thought they were months past the issue of the search warrant. Gillespie explained the supplement proves that the seizure of the Mac Mini was also permitted under the Plainview doctrine. Defense attorney Mark Daniel claimed Gillespie is asking Judge Young to add to his ruling. Judge Young ruled not to expand.
11:43 a.m. — Wichita County District Attorney John Gillespie requested on Wednesday for the court to supplement the findings of a hearing held in January 2023 regarding the admission of evidence seized during the execution of a search warrant of James Staley’s home on October 22, 2018. Defense attorney Mark Daniel said it feels like an out-of-body experience, that the cat’s already out of the bag, and said it defies logic. Gillespie pointed out that he has the right to request the supplement.
Judge Everett Young excuses the jury for a short recess. Judge Young addressed an issue outside of the jury’s presence.
Judge Everett Young excuses the witness. Judge Young asks counsel for the State and for the defense to approach the bench.
Defense attorney Terri Moore passes the witness back to the State for further questioning.
11:35 a.m. — Defense attorney Terri Moore questioned Dr. Suzanne Dakil about a hemorrhage in Wilder’s neck. Prosecutor Lisa Tanner objected due to questions being asked and answered. Defense attorney Mark Daniel stood up and said it was not. Tanner then objected to the defense tag-teaming the witness. Judge Young sustained the objection.
Prosecutor Lisa Tanner passes the witness to the defense team for further cross-examination.
11:32 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if the trauma she found was an accident or caused by another. Dr. Dakil testified that her opinion was the trauma was caused by someone else’s hands, and that it was an act clearly dangerous to human life.
11:28 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil whether multiple areas of blood on a pillow are significant in regard to a potential smothering case. Dr. Dakil testified it was. Tanner asked if Dr. Dakil meant to use the term “smear” as an artistic term or if that was just her way of describing what she saw. Dr. Dakil said the latter.
11:26 a.m. — Prosecutor Lisa Tanner responded to the last question asked by the defense, and asked Dr. Suzanne Dakil if indeed Wilder had fallen from the crib and died from a terrible accident, would he have any signs of a fatal fall? Dr. Dakil testified that he would. Tanner asked if Wilder had any signs of a fall from a crib. Dr. Dakil testified that there were no signs.
Defense attorney Terri Moore passes the witness back to the State for further questioning.
11:23 a.m. — Defense attorney Terri Moore asked Dr. Suzanne Dakil if she should be given accurate information so she can come to an accurate conclusion. Dr. Dakil said yes. Moore asked if it would be fair to convict someone of capital murder because an extremely rare accident happen. Dr. Dakil said no.
11:21 a.m. — Defense attorney Terri Moore asked Dr. Suzanne Dakil about a section in her report where she mentioned blood smearing. Moore told Dr. Dakil about Tom Bevel’s testimony on Wednesday, in which Bevel testified no smearing was present on the pillow.
Prosecutor Lisa Tanner passes the witness to the defense team for further cross-examination.
11:15 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil to explain to the jury the many different ways in which a smothering death can occur. Dr. Dakil testified that with so many ways to cause a smothering death, there are no real hallmark injuries that would occur, reinforcing previous testimony she gave during the initial examination.
11:11 a.m. — Prosecutor Lisa Tanner and defense attorney Terri Moore have a short back-and-forth argument regarding a question Tanner presented to the witness. Tanner asked Dr. Suzanne Dakil about a study regarding shortfalls in small children. After multiple objections from Moore, Judge Young allowed the question. Dr. Dakil testified that the study found the odds of shortfalls resulting in the death of small children are less than one in one million.
11:06 a.m. — Dr. Suzanne Dakil testified that small children dying from falls from a crib are very rare. Dr. Dakil said that cribs have been altered and changed in many ways over the decades due to injuries to children from falls.
11:03 a.m. — Dr. Suzanne Dakil testified that a break or tear in the frenulum can occur in many cases of abuse, but is uncommon in childhood falls. Dr. Dakil testified that the absence of a frenulum tear was not a factor in her decision either way.
11:01 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if the autopsy’s undetermined cause of Wilder’s death gave her any pause in giving her opinion of Wilder’s death. Dr. Dakil testified that it did not.
10:58 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil why she is often in meetings with medical examiners at the Southwestern Institute of Forensic Sciences. Dr. Dakil testified that medical examiners are limited in what they can say, and it’s not uncommon for her to be brought in to consult in cases from her area of medical expertise.
Defense attorney Terri Moore passes the witness back to the State for further questioning.
10:56 a.m. — Defense attorney Terri Moore asked Dr. Suzanne Dakil if a fall occurred on the opposite side of the house, and the other adult occupants were in the backyard in a swimming pool, would it be possible that they did not hear a thud from a fall or the corresponding crying that may have occurred. Dr. Dakil said that is certainly possible.
10:54 a.m. — Defense attorney Terri Moore continues her cross-examination of Dr. Suzanne Dakil. Moore continues to allege that Dr. Dakil was given incorrect information from law enforcement and the Wichita County District Attorney’s office, and that information was used by Dr. Dakil to form her opinion on Wilder’s death.
Judge Everett Young halts proceedings in order to dismiss the jury for a short recess. Testimony will resume shortly.
10:38 a.m. — Defense attorney Terri Moore asked if a meeting between Dr. Suzanne Dakil, the Wichita County District Attorney’s office, law enforcement, and Dr. Stephen Hastings that took place over video conference call was for any reason an attempt to convince Dr. Hastings to change his opinion. Dr. Dakil testified that was not her intent nor was she aware of it being the intent of anyone else on the call.
10:34 a.m. — Defense attorney Terri Moore said falls from cribs occur frequently, children are taken to the emergency room with concussions often, and some die. Dr. Dakil said that is rare but possible. Moore discusses shortfalls and longer falls and alleges studies have been conducted showing serious bodily injury and death are both possible. Dr. Dakil said she was not familiar with that study or those findings.
10:29 a.m. — Dr. Suzanne Dakil testified that injuries were not present to Wilder McDaniel’s nose, chin, or cheeks.
10:27 a.m. — Defense attorney Terri Moore mentioned that Wilder’s frenulum was not damaged, and alleged that they are a common sign of smothering deaths. Dr. Suzanne Dakil said they can be concerning in child abuse cases, but reinforced prior testimony that frenulum damage is possible in smothering deaths, but not a tell-tale sign of them.
10:23 a.m. — Defense attorney Terri Moore alleges there are other inaccuracies in Dr. Suzanne Dakil’s report concerning Wilder McDaniel’s death. Dr. Dakil said, “I don’t believe there are”. Dr. Dakil testified that she did not speak to either Wilder’s mother, Amber McDaniel, or the defendant, James Staley.
10:19 a.m. — Defense attorney Terri Moore questioned Dr. Suzanne Dakil about Dr. Stephen Hastings’ findings during Wilder McDaniel’s autopsy, and alleges Dr. Dakil has at least one finding that contradicts the autopsy report. Dr. Dakil said it was an issue of semantics.
10:15 a.m. — Defense attorney Terri Moore asked Dr. Suzanne Dakil if she saw any external or internal injuries of the neck that correspond with strangulation. Dr. Dakil testified she did not.
10:09 a.m. — Defense attorney Terri Moore informed Dr. Suzanne Dakil that other medical examiners were brought in to give Dr. Stephen Hastings, who performed Wilder’s autopsy, second opinions. Dr. Dakil said she was aware that this is their standard operating procedure.
10:06 a.m. — Defense attorney Terri Moore asked about previous trials in which Dr. Suzanne Dakil testified that she’s an advocate for children. Moore asked if it was possible to be objective and remove emotion in dealing with child abuse cases.
10:02 a.m. — Defense attorney Terri Moore asked Dr. Suzanne Dakil if she’d ever performed an autopsy, and Dr. Dakil said she did not. Moore pointed out that medical examiners are specialized, and that Dr. Dakil is not certified to override the opinion of a medical examiner.
9:58 a.m. — Dr. Suzanne Dakil testified that about 60% of the patients seen at the clinics she’s affiliated with are cases of sexual abuse, followed by physical abuse and trauma from abuse and then neglect cases.
9:53 a.m. — Defense attorney Terri Moore began questioning Dr. Suzanne Dakil about her role in her current position, noting that she’s brought in for consulting in child abuse cases at the hospital and at the REACH clinic.
Prosecutor Lisa Tanner passes the witness to the defense team for cross-examination.
9:50 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if her medical opinion on the manner of Wilder’s death is that he was smothered at the hands of another. Dr. Dakil testified that it is her opinion. Tanner pointed out that this was the same opinion as the medical examiner who performed Wilder’s autopsy, noting they came to the same conclusion by different means.
9:48 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if she would expect the type of bruising that Wilder had on his head and face after the incident on September 1, 2018, to result from the abuse shown in the GoPro video. Dr. Dakil responded, “Oh, yes.” Defendant Staley appeared to be hanging his head when a still frame of the GoPro video was shown to the court.
9:45 a.m. — Dr. Suzanne Dakil testified that she was not aware of the GoPro video showing James Staley slapping Wilder McDaniel while he was asleep when she formed her initial medical opinion in 2020. She testified that she has since seen that video.
9:42 a.m. — Dr. Suzanne Dakil testified that her medical opinion on Wilder’s cause of death is that Wilder was smothered or suffocated by the hands of another individual.
9:40 a.m. — Dr. Suzanne Dakil testified that there were no signs of accidental death or natural death in the case of Wilder McDaniel. Dr. Dakil testified that SIDS is not a possibility due to Wilder’s age.
9:38 a.m. — Dr. Suzanne Dakil testified that the most common cause of death in fatal flaws would be bleeding between the skull and the brain. Dr. Dakil testified that no hemorrhages of that type were found in Wilder’s autopsy. Dr. Dakil testified that a fall would also likely cause some kind of fracture and that no fractures were found in Wilder’s autopsy.
9:34 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if it’s common for children to fall out of a crib, and Dr. Dakil said it was. Tanner then asked if it’s common for children to die from falls, and Dr. Dakil said no. Dr. Dakil testified that if a child died from a fall from a crib, the most common sign would be a hemorrhage in the head.
9:31 a.m. — Prosecutor Lisa Tanner asked Dr. Suzanne Dakil if she was familiar with the AAP standard that was expressed to the jury multiple times by the defense team of James Staley that Wilder was too tall to be in a crib. Dr. Dakil testified that Wilder being in a crib at his age and size was not cause for concern unless he was having repeated falls from the crib, which prior testimony suggests he’d never fallen out of the crib. Tanner asked if the AAP is the law for parents, and Dr. Dakil responded, “Absolutely not.”
9:26 a.m. — Dr. Suzanne Dakil testified that upon analyzing Wilder’s death, she found no natural reason for Wilder’s death. She said she then looked for signs of accidental trauma that may have led to Wilder’s death.
9:22 a.m. — Dr. Suzanne Dakil testified the number of petechiae found in Wilder’s body after his death suggests direct compression of the neck.
9:16 a.m. — Analysis from Dr. Dakil was instrumental in charges being brought in the case of Wilder’s death. “The autopsy, while suspicious for homicide, was ruled undetermined,” Wichita County District Attorney John Gillespie said in October 2020. “Dr. Dakil provided us some very important key medical evidence, and she also helped tie the forensic evidence together.”
9:15 a.m. — Dr. Suzanne Dakil is an assistant professor in the Department of Pediatrics at UT Southwestern Medical Center. She is certified by the American Board of Pediatrics in child abuse, a member of the REACH at Children’s Medical Center, and the director of the Child Abuse Fellowship at UT Southwestern.
This is a developing story. Stick with Texoma’s Homepage for updates as the capital murder trial of James Staley in connection to Wilder McDaniel’s death takes place at the Tim Curry Criminal Justice Center in Fort Worth, Texas.
