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Those charges were not considered double jeopardy because Overtons conviction was overturned by the higher court on the basis of ineffective counsel, which granted her a new trial. Find the obituary of Hannah Mason "Tess" Overton (2019) from Gunnedah, NSW. Nueces County jurors found she'dfailed to seek timely medical care for the boy. . In Marchshetold ABC News she would receive nearly $600,000 in compensation, along with other benefits, though she acknowledged no sum could give her back the years of freedom she lost. Hannah: i was and remain so sorry to hear about Dabney's unfortunate death. It seemed to me, based upon the wording of the charge, that we had no choice but to find her guilty of capital murder. But, Warfield added, I do not believe that Mrs. Overton knew that her actions (or lack thereof) would kill Andrew Byrd [sic]. Other witnesses testified that they had detected signs of abuse. His foster mother had taken him to a pediatrician for an adoption screening shortly before he had come to live with them, and the checkup had raised no red flags. Skip to main content. Right, a photo of Andrew Burd held by Larry Overton. But was this churchgoing young woman a vicious child killer? Its daily. Andrew flew into a rage. He found that they fit a narrow profile: they were between the ages of one and six, they had been in the foster system or were from abusive homes, and they had pica. Or had the tragedy claimed its second victim? You may be trying to access this site from a secured browser on the server. Although he hung back when his siblings embraced their parents in group hugs, Larry and Hannah learned that if they asked Andrew to join in, he would do so enthusiastically, throwing his arms around them. She could not consent to a lesser charge, she told her attorneys, because she felt it would mean she was admitting fault. If convicted, Hannah would receive an automatic life sentence. Hannah liked the tall, serious-minded student who shared the same hopes she had of creating a life centered on children and Christian outreach. Most striking to the Overtons, and to their neighbors and friends, was his preoccupation with eating. The following evening, Andrew was dead. If you need legal advice, then retain an attorney to discuss the facts of your case. The families shared an unofficial open-door policy, and when Andrew had begun acting up the previous afternoon, Hannah had called Haller for help, asking if she could look after Sebastian for a little while. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. While behind bars,Overton relied on her faith, family and supporters and led Bible studies. Kids loved her. Share Dabney's life story with friends and family. Not until shortly before closing arguments did jurors hear from the defenses expert witness, a Harvard-educated pathologist and assistant medical examiner in San Francisco, Judy Melinek, who offered her opinion that the sores were consistent with mosquito bites that had been scratched and picked at. The writ is the final opportunity a defendant has to introduce new evidence into the record. We dont know precisely how she got it down Andrew, but we know that he was very, very obedient, Eastwood told the jury, standing before the TV news cameras that Judge Longoria had allowed inside the courtroom. It is unlikely that any intervention would have made a significant difference as Andrew had already taken the most critical step to save himself [by consuming] copious amounts of fluid, he wrote. Hannah shrugged off the teachers warnings, certain that Andrew would improve once he had the stability of a permanent home. I am truly saddened to hear of Dabney's sudden passing. I asked Hannah if her faith had been shaken by Andrews loss and the suffering that she and her family had experienced. After her shift ends in the late morning, there are letters to write home, in which she tries to stay present in her childrens lives by choreographing what she can from a distance. Several crossed their arms; others looked away. I dont see what caused the high salt content. He displayed hyperactive behavior and possibly had some cognitive delays as well. The doctors assessment of Andrew as developmentally delayed was significant because it dovetailed with Hannahs testimony. Report an error or add more information about this case. Hannahs father was the Reverend Bennie Saenz, an evangelical preacher in Corpus Christi whose fall from grace profoundly altered the course of her childhood. Those were great times. The obituary was featured in Peterborough Telegraph on January 3, 2019. According to Hannah, Andrew once again asked for an early lunch, and once again, when she told him that he would have to wait, he defecated and smeared feces across the floor. He enjoyed everything he did, was always friendly and supportive. Overton spent seven years in prison before the Texas Court of Appeals overturned her capital murder charges on September 17, 2014. By that point, Hannah had completely broken down emotionally.. The detective had been alerted to Andrews grave condition when the boy was transported to a nearby hospital the previous afternoon and, as was protocol, had begun looking into the circumstances surrounding the boys unusual and rapid decline. You can send your sympathy in the guestbook provided and share it with the family. There wasnt anything that I thought was dangerously wrong with him at that point. Hannah was sure I would eventually come around. It was like they were arresting Bonnie and Clyde, Gilmore said. There were so many bruises and scratches that it would be difficult to describe them all. Rotta allowed that the appearance of Andrews body may have been due in part to the fact that he was coagulopathic, or not able to clot blood properly, a condition that occurs after a person has gone into cardiac arrest and can cause excessive bleeding and bruising. The defense presented the jury with a medical mystery. Hannah Overton and her husband hold up one of their Christmas presents. I feel honored to have shared his presence. A church member who homeschools her daughters educates the Overton children, using lesson plans Hannah sends her. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. Fellow church member Anita Miotti remembers their telling her and her husband, Rich, that they were struggling. . In other words, if the jury could not agree conclusively that she had poisoned Andrew, it could still rule that she was guilty of capital murder by omission, or by failure to act. Throughout the meal, Andrew repeatedly asked, Is my mom okay? He also kept requesting more food. that he had unrestricted access to water. Given these facts, he explained, There is not a single piece of evidence which suggests that Hannah Overton salt-poisoned Andrew. Instead, Moritz added, the most likely scenario was that Andrew accidentally salt-poisoned himself., In light of this information, Moritz felt certain that Andrews prognosis would have been the same whether or not Hannah had called an ambulance. Haller, who took notes documenting her conversation with Hess and later testified about it under oath, recalled the detectives certainty that Hannah had tried to kill Andrew. Leave them blank to get signed up. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. By that point, they had already been shown numerous photos of Andrews small, bruised body postmortem. He seemed a peaceful man. I am glad to have had the chance to know him and will pray for your family during this difficult time. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. . I have shared a memorial tribute I wrote about Dabney with all who've asked. (After his arrest, he lost most of his clients. Does God want a child to go to bed hurting, in pain, fearful, being looked at by closed-circuit television? (During the third week of the trial, moments before the case was sent to the jury, Eastwood had asked Judge Longoria if she could call Cortes as a rebuttal witness, but the judge, who had grown impatient with the length of the trial, denied her request.) Our condolences to his family and friends. The very dilute gastric sodium contents suggest . Could it be that you held his nose, held his neck, and made him drink this horrible concoction? the prosecutor challenged her during a withering cross-examination. The next morning, Corpus Christi police detective Michael Hess paid a visit to Kathi Haller, the Overtons next-door neighbor, who knew the family well. He was loved by many for his gentle nature and loyalty. But Rotta was alarmed by his overall appearance. The intentional poisoning of a child is usually perpetrated with sedatives, anticonvulsants, or medications like injectable insulin, not food, he told me. EMS records show that the boy was admitted with no more than a bruised knee and sores on his right elbow, but during his hospitalization, other significant black-and-blue marks emergedin particular, on his trunk and nose. My husband enjoyed sailing with him at FBYC and running into him during a few running events in Richmond. Detective Hess was put on administrative leave in 2008 after it came to light that he had disclosed confidential information to the suspect in an ongoing investigation for indecency with a child. Two years later, the Overtons learned that their adoption application had been approved and that Andrew would be joining their family. Knew him well growing up. Before she was led away in handcuffs, the couple embraced for several minutes, overcome with emotion. I worked with him at Branch, Cabell many years ago. Overton was convicted of capital murder, an automatic life sentence in Texas because the child was under the age of 6. They get to see her for two hours, once a monthtwenty-four hours in a year, Larry said. They had 4 children and were expecting their fifth. Myron attended Longfellow elementary, Panama Union and Kern What a great sense of comfort to know that I could be greated on the other side by such a kind person. Think of your other children, she urged the couple. God bless you Dabney, we'll miss you. The Corpus Christi Caller-Timess online comments section filled with the vitriol of readers, some of whom called for Hannah to receive the death penalty. New medical evidence shows that Hannah Overton did not force her 4-year-old foster son Andrew Burd to ingest large amounts of salt, causing his death in 2006 and her to serve a life sentence. During closing arguments, Gilmore emphasized that Hannah had no motive to kill Andrew and that the state had failed to prove that she had intentionally caused the boys death. Knowing Hannah, it was inconceivable that she would ever hurt a child, said Noreen. . She and her Menu. He delivered sermons to a small but devoted following that met every Sunday, and during services he also played guitar. Published in Legacy from Nov. 11 to Nov. 12, 2009. Plant a tree to honor the memory of your loved one. He and Hannah are allotted two hours, during which they sit together in the dayroom, flanked by other inmates and their families. Throughout the trial, Eastwood had suggested that the Overtons had withheld food as part of a larger pattern of abuse, and as she addressed the jury, she insisted that Andrew had scavenged for food because he was hungry. Dabney was born on July 31, 1963 and grew up in Essex County, Va. Following college, he worked as a financial consultant and more recently as a consultant for Terrestar Networks. Channel Three, Channel Six, Channel Ten, the Caller-Timesthey all knew ahead of time, Gilmore said.