Coleman is guilty in son's death

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Joshua Coleman was convicted Wednesday of manslaughter and child abuse.

Coleman, 26, was charged with the offenses in March after an autopsy performed on Reese Coleman, his 4-month-old son, revealed that the infant had died of blunt force injury to the head.

Coleman called 911 before 7 a.m. on Feb. 16 to report his son was not breathing. Reese Coleman was pronounced dead at a Bismarck hospital later that morning.

The jury of seven men and five women at the Morton County Courthouse had the option of finding Coleman guilty to a lesser offense of negligent homicide instead of manslaughter.

The jury returned the guilty verdicts after less than 90 minutes of deliberation.

"We're pleased with the work the jury did," said Morton County Assistant State's Attorney Brian Grosinger.

Wayne Goter, Coleman's appointed defense attorney, declined to comment immediately after the trial.

South Central District Judge Bruce Romanick said sentencing will be held at a later date after a presentence investigation can be conducted. Romanick said Coleman also will undergo an addiction evaluation and a psychological evaluation.

Grosinger told Romanick that he would prefer Coleman be taken into custody immediately following the conviction. He said Coleman was picked up this summer for driving under the influence, which is a violation of his bond order.

Goter disagreed, saying Coleman has kept in contact with him at all stages of the case.

"He's been a very cooperative client, which I can't say about many," Goter said.

Romanick said Coleman, who has posted a $50,000 cash or surety bond, will not be detained until after sentencing. He warned Coleman that violating any laws would be reason to take him into custody until sentencing.

The prosecution presented its case on Tuesday. The defense called three witnesses to the stand Wednesday morning.

Coleman was called first. He said Reese Coleman was born with health problems, which continued until the time of his death. He also testified about what happened on Feb. 15 and 16 before his son's death.

Coleman said he returned from class at Bismarck State College at around 11 a.m. He said Mirenda Kadrmas, his girlfriend and Reese Coleman's mother, slept during the day because she worked nights as a crisis hotline operator, so he took care of Reese.

He said he was "pretty sure" he smoked marijuana after he got home from class, which he said he has done since about seventh grade.

"I smoke marijuana to ease anxiety and stress. I have mood swings,"he said. "It just keeps me on a level. It makes me feel normal."

Coleman said he had several ways of trying to calm Reese down, including nibbling on him, blowing on him, bouncing him on his knee and tossing him in the air and catching him.

Around 12 p.m. on Feb. 15, Coleman said he tossed Reese in the air in an attempt to get him to stop crying.

"When he came down, he basically just slipped through my hands," he said.

The back of Reese's head hit the coffee table, Coleman said.

Goter asked Coleman if he threw Reese out of anger.

"I would never do anything to my son out of anger," Coleman answered. "It was never meant to hurt him."

Coleman said his son seemed all right after he hit his head on the table. But later that night, the infant was irritable, he said.

"Never did a two hour period go by that he would sleep," he said.

Under questioning from Goter, Coleman said he pushed Reese's face into the mattress.

"In a way, I kind of did,"he said. "I turned his face to the mattress to muffle the crying."

Grosinger asked Coleman in cross examination why Reese is dead.

"I believe Reese is dead due to the head injury from me dropping him," Coleman answered.

Coleman said he did not know what could have caused additional injuries pointed out Tuesday by state forensic examiner Dr. George Mizell and not explained by the drop on the coffee table. Mizell said Tuesday the injuries appeared to be from an acceleration and deceleration of the brain such as would occur if a baby was shaken.

Grosinger asked if Coleman caused a bite mark found on Reese Coleman's arm.

"That would be from me, I guess," Coleman said. "I was just simply trying to play with my son."

Grosinger also asked Coleman whether he had hit Reese in the head with his elbow, and Coleman said he did do that. Goter later asked if Coleman would characterize the way he struck Reese as similar to someone taking an elbow in a basketball game.

"I never struck him like that," Coleman said.

Mirenda Kadrmas testified that Reese Coleman had respiratory and intestinal problems since birth. She said he pushed so hard when vomiting and coughing that he wouldn't be able to breathe. A doctor told them that red spots on Reese's face were from broken blood vessels caused by coughing and vomiting so violently, Mirenda Kadrmas said.

"How was Josh's relationship with your child?" Goter asked Mirenda Kadrmas.

"Good - he'd brag about him all the time to everyone he knew,"she said.

Sarita Kadrmas, Mirenda's sister, testified that Coleman had been learning about babies and would ask her about changing diapers and other baby issues.

"Josh's relationship with Reese, I would say, was really good," she said.

Sarita Kadrmas also said she feels Coleman is a "truthful person," and she believes Reese Coleman's death was an accident.

In his closing argument, Grosinger talked about Reese Coleman never getting to experience his life. He said the injuries sustained by the infant were not the result of being dropped or vomiting violently. Coleman recklessly caused the death of his son, Grosinger said.

"He got angry with the child, and he acted recklessly with the child," he said. "And that reckless act cost Reese Coleman his life."

During his closing argument, Goter said Reese Coleman's death was neither an accident nor a crime.

"For 135 days, Josh Coleman was a good father," Goter said. "Day 136, Reese Coleman dies."

He argued that Coleman's actions were not reckless or negligent because they weren't a gross deviation from the actions taken by other parents.

"What we have here is a tragedy," Goter said. "It's not a crime."

Grosinger responded that Coleman's actions were a gross deviation from normal standards.

"The gross deviation goes to the amount of damage to the baby," he said.

"Is it a crime? Absolutely," Grosinger said.

Click here for a May 23, 2006 story about Coleman's plea.

Click here for a April 1, 2006 story on charges filed against Coleman.

(Reach reporter Jenny Michael at 250-8225or jenny.michael@;bismarcktrib-une.com)

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