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Babysitter pleads guilty to manslaughter in 2019 death of a man she injured as a baby in 1984
A former babysitter pleaded guilty to manslaughter Wednesday for the 2019 death of a man she was accused of disabling as an infant 40 years ago.
Terry McKirchy, 62, accepted a plea deal for the death of Benjamin Dowling, who died at 35 after a life of severe disabilities caused by a brain hemorrhage he suffered in 1984 when he was 5 months old while at McKirchy’s suburban Fort Lauderdale home. Investigators believed she caused the injury by shaking him.
In a letter of apology read to Dowling’s parents by her attorney, assistant public defender David Fry, McKirchy said she was feeling overwhelmed and exhausted by taking care of numerous children and struck him, causing his injuries.
McKirchy, who now lives in Sugar Land, Texas, was indicted with first-degree murder by a Broward County grand jury three years ago after an autopsy concluded Dowling died from his decades-old injuries. He never crawled, walked, talked or fed himself, his family has said.
She voluntarily entered the Broward County Jail on May 29 after having been free on $100,000 bail since shortly after her indictment.
This isn’t the first time McKirchy has taken a deal in connection with Dowling’s injuries, receiving an exceptionally light sentence after pleading no contest to attempted murder in 1985. Then six months pregnant with her third child and facing 12 to 17 years in prison, she was sentenced to weekends in jail until giving birth. She was then freed and put on probation for three years.
McKirchy maintained her innocence and said at the time that she took the deal at the time so she could put the case behind her and be with her children.
“I know I didn’t do it. My conscience is clear. But I can’t deal with it anymore,” McKirchy told the paper then, according to CBS Miami. “I’m six months pregnant. You wouldn’t believe what this has done to my family.”
Prosecutors called the sentence “therapeutic” but didn’t explain at the time. Ryal Gaudiosi, then McKirchy’s public defender, said the sentence was “fair under the circumstances.” He died in 2009.
Rae and Joe Dowling had been married four years when Benjamin was born Jan. 13, 1984. Both Dowlings worked, so they hired McKirchy, then 22, to babysit him at her home.
Rae Dowling told investigators that when she picked up Benjamin from McKirchy on July 3, 1984, his body was limp and his fists were clenched. She rushed him to the hospital, where doctors concluded he had suffered a brain hemorrhage from severe shaking. McKirchy was arrested within days.
The Dowlings told reporters in 1985 they were stunned when prosecutors told them minutes before a court hearing of the plea deal McKirchy would receive.
“Benjamin never crawled, fully rolled over, walked, never talked, never fed himself, he never enjoyed a hamburger or an ice cream cone, he could never tell us when he had an itch or anything hurt,” the Dowlings said in a 2021 statement according to CBS Miami. “When he cried in pain, we as a family and caregivers had to guess as to what was wrong and hope that we could satisfy his need.”
The Dowlings said in the statement that Benjamin endured several surgeries in his life, including having metal rods placed along his spine. He got nourishment through a feeding tube and attended rehab and special schools. The Dowlings had two more children and would take Benjamin to their games and performances. The family moved to Florida’s Gulf Coast in the late 1990s. He died at their home on Sept. 16, 2019.
“Benjamin would never know how much he was loved and could never tell others of his love for them,” they said. “Benjamin did smile when he was around his family, although he could never verbalize anything, we believe he knew who we were and that we were working hard to help him.”
Shaken baby syndrome first gained national attention in the 1970s as an explanation for the sudden deaths of infants and young children who had no outward signs of abuse. It would be diagnosed if the child had swelling of the brain, bleeding on the brain’s surface and bleeding behind the retinas.
But over the past 25 years, research has shown that those symptoms can also be caused by genetic problems, disease and accidents. The University of Michigan’s National Registry of Exonerations lists 29 shaken baby convictions that have been overturned since 2000.
The American Academy of Pediatrics, which now uses the term “abusive head trauma,” says about 1 in 3,000 babies under 1 are abused annually by shaking and about a quarter of those are fatally injured.
It says doctors should be alert to bruising of the torso, ears and neck in children under 4 years old and any bruising in infants younger than 4 months as signs of possible shaking.
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Sen. Tammy Duckworth says Pete Hegseth is “flat-out wrong” about women in combat roles
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Sen. Duckworth says Trump defense secretary pick is “flat-out wrong” about women in combat roles
Democratic Sen. Tammy Duckworth said Sunday that Pete Hegseth, President-elect Donald Trump’s pick for defense secretary is “flat-out wrong” in his view that women should not serve in the military in combat roles.
“Our military could not go to war without the women who wear this uniform,” Duckworth said on “Face the Nation with Margaret Brennan.” “And frankly, America’s daughters are just as capable of defending liberty and freedom as her sons.”
Trump tapped Hegseth, a former Fox News host and Army veteran who served in Iraq and Afghanistan as his pick to head the Defense Department earlier this month. The 44-year-old has drawn criticism for his stance on women in combat roles, along with his level of experience.
Duckworth, who in 2004 deployed to Iraq as a Blackhawk helicopter pilot and sustained severe injuries when her helicopter was hit by an RPG, outlined that women who serve in combat roles have met the same standards as men, passing rigorous testing. She said Hegseth’s position “just shows his lack of understanding of where our military is,” while arguing that he’s “inordinately unqualified for the position.”
“Our military could not go to war without the 220,000-plus women who serve in uniform,” Duckworth said. She added that having women in the military “does make us more effective, does make us more lethal.”
Hegseth has also drawn scrutiny amid recently unearthed details about an investigation into an alleged sexual assault in 2017. Hegseth denies the allegation and characterized the incident as a consensual encounter. The Monterey County district attorney’s office declined to file charges as none were “supported by proof beyond a reasonable doubt.” His lawyer has acknowledged that Hegseth paid a confidential financial settlement to the woman out of concern that the allegation would jeopardize his employment.
Duckworth, an Illinois Democrat who serves on the Armed Services and Foreign Relations Committees, said it’s “really troubling” that Trump would nominate someone who “has admitted that he’s paid off a victim who has claimed rape allegations against him.”
“This is not the kind of person you want to lead the Department of Defense,” she added.
The comments come after Trump announced a slew of picks for top posts in his administration in recent days. Meanwhile, one pick — former Rep. Matt Gaetz for attorney general — has already withdrawn his name from consideration after he faced intense scrutiny amid a House Ethics Committee investigation and a tenuous path to Senate confirmation.
While Duckworth acknowledged that she’s glad her Senate Republicans “held the line” on Gaetz and also elected Sen. John Thune as leader over a candidate favored by many in Trump’s orbit, she said she’s “deeply concerned” her Republican colleagues will green light Trump’s nominees.
“From what I’m hearing from my Republican colleagues on everything from defense secretary to other posts, it sounds like they are ready to roll over for Mr. Trump,” Duckworth said.
But Duckworth didn’t rule out supporting some of the nominees herself during the Senate confirmation process, pledged to evaluate each candidate based on their ability to do the job, and their willingness to put the needs of the American people before “a retribution campaign for Mr. Trump.”
Meanwhile, a CBS News poll released on Sunday found that 33% of Americans say Hegseth is a “good choice” for defense secretary, including 64% of Trump voters. But 39% of Americans said they hadn’t heard enough yet about the pick. More broadly, Americans generally say they want Trump to appoint people who’ll speak their minds and who have experience in the field or agency they’ll run.
Sen. Rand Paul, a Kentucky Republican who also appeared on “Face the Nation” on Sunday, said he believes that Hegseth can run the massive Defense Department, despite his lack of experience managing a large organization. Though he did not address Hegseth’s comments about women in combat roles, Paul said he believes the “vast majority of people” support leaders who are picked based on merit, citing Hegseth’s criticism of the Pentagon for what he says has been a move away from merit-based hiring and toward hiring based on “racial characteristics.”
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Israeli strike kills Lebanese soldier as Hezbollah fires at least 185 rockets at Israel
Hezbollah fired at least 185 rockets and other projectiles into Israel on Sunday, wounding seven people in the militant group’s heaviest barrage in several days, in response to deadly Israeli strikes in Beirut while negotiators pressed on with cease-fire efforts to halt the war.
Meanwhile, an Israeli strike on a Lebanese army center killed one soldier and wounded 18 others on the southwestern coastal road between Tyre and Naqoura, Lebanon’s military said. Israel’s military expressed regret and said the strike occurred in an area of combat against Hezbollah, adding that its operations are directed solely against the militants. The strike was under review.
Israeli strikes have killed over 40 Lebanese troops since the start of the war between Israel and Hezbollah, even as Lebanon’s military has largely kept to the sidelines.
Lebanon’s caretaker prime minister, Najib Mikati, condemned it as an assault on U.S.-led cease-fire efforts, calling it a “direct, bloody message rejecting all efforts and ongoing contacts” to end the war.
“(Israel is) again writing in Lebanese blood a brazen rejection of the solution that is being discussed,” a statement from his office read.
The strike occurred in southwestern Lebanon on the coastal road between Tyre and Naqoura, where there has been heavy fighting between Israel and Hezbollah.
Hezbollah began firing rockets, missiles and drones into Israel after Hamas’ Oct. 7, 2023, attack out of the Gaza Strip ignited the war there. Hezbollah has portrayed the attacks as an act of solidarity with the Palestinians and Hamas. Iran supports both armed groups.
Israel has launched retaliatory airstrikes since the rocket fire began, and in September the low-level conflict erupted into all-out war, as Israel launched waves of airstrikes across large parts of Lebanon and killed Hezbollah’s top leader, Hassan Nasrallah, and several of his top commanders.
Hezbollah fired a total of around 160 rockets and other projectiles into Israel on Sunday, some of which were intercepted, the Israeli military said.
Israel’s Magen David Adom rescue service said it was treating two people in the central city of Petah Tikva, a 23-year-old man who was lightly wounded by a blast and a 70-year-old woman suffering from smoke inhalation from a car that caught fire. The first responders said they treated three other people in northern Israel, closer to the border, including a 60-year-old man in serious condition.
It was unclear whether the injuries and damage were caused by the rockets or interceptors.
Israeli airstrikes early Saturday pounded central Beirut, killing at least 20 people and wounding 66, according to Lebanon’s Health Ministry.
Israeli attacks have killed more than 3,500 people in Lebanon, according to Lebanon’s Health Ministry. The fighting has displaced about 1.2 million people, or a quarter of Lebanon’s population.
On the Israeli side, about 90 soldiers and nearly 50 civilians have been killed by bombardments in northern Israel and in battle following Israel’s ground invasion in early October. Around 60,000 Israelis have been displaced from the country’s north.
The Biden administration has spent months trying to broker a cease-fire, and U.S. envoy Amos Hochstein was back in the region last week.
The European Union’s top diplomat called for more pressure on both Israel and Hezbollah to reach a deal, saying one was “pending with a final agreement from the Israeli government.”
Josep Borrell spoke Sunday after meeting with Mikati and Lebanese Parliament Speaker Nabih Berri, a Hezbollah ally who has been mediating with the group.
Borrell said the EU is ready to allocate 200 million euros ($208m) to assist the Lebanese military, which would deploy additional forces to the south.
The emerging agreement would pave the way for the withdrawal of Hezbollah militants and Israeli troops from southern Lebanon below the Litani River in accordance with the U.N. Security Council resolution that ended the 2006 war. Lebanese troops would patrol the area, with the presence of U.N. peacekeepers.
Lebanon’s army reflects the religious diversity of the country and is respected as a national institution, but it does not have the military capability to impose its will on Hezbollah or resist Israel’s invasion.