During a wide-ranging interview with a social worker to determine if he had ever been abused, Isaac mentioned that he and his siblings had been given pepper, which he described as spicy stuff, as a punishment for lying. It should be noted that during the entire conversation, Hannah Overton showed almost no emotion, he later wrote in his police report. At a subsequent family court hearing, in which Hannahs civil attorney argued that she should be given access to the infant so that she could continue nursing her, Judge Lewis returned Emma to her parents, but with conditions. I am so sorry to hear of Dabney's sudden passing. His other passion was his beloved dogs. A pediatric critical care specialist who treated Andrew at Driscoll, Alexandre Rotta, grew equally troubled. With her first husband, whose name was Stephens, she lived in Iowa, and had one daughter. Although I believe that Mrs. Overton was remiss in seeking timely medical care for Andrew Byrd, I do not believe that she intended or knew that this would result in his death. The wording of the jury charge, she added, had been ambiguous and confusing. Ultimately, Warfield wrote, I do not feel that justice has been served., Two days after Hannah was sentenced to life in prison without the possibility of parole, a pediatrician named Edgar Cortes took the unusual step of contacting Gilmore. May God wrap his loving arms around you until we meet again. According to Haller, he told her, Look, shes pregnant and she has all these kids, but it was just too much for her. Dabney was always smiling, no matter what was going on in his life. Andrews former foster mother, Sharon Hamil, who was devastated by the boys death, testified that Andrew had not exhibited significant developmental or behavioral problems, aside from his speech delay, during the time that he lived with hera characterization that was rebutted by numerous members of Calvary Chapel later in the trial but that cast Hannahs credibility into doubt. He was preceded in. Just after five oclock, the Overtons put him in their car and rushed him to a nearby urgent care clinic. Witnesses outside the home said they had seen Andrew's bizarre habits, too. The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. Guest Book Not sure what to say? It came as a shock when I got the call from Peter Detlefs letting me know that Dabney had passed away. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. The best memory is of riding camp the following summer when Dabney and a friend opted for motorcycle helmets rather than riding hard hats. Yet the image they conjuredof a woman grinning at the sight of a comatose four-year-oldwas devastating. The children liked to hang out in her room and talk to her, particularly Andrew, who always visited her for an extra hug before bedtime. But Hannah, who was bewildered by Andrews condition, had no ready answers. CORPUS CHRISTI - Early on Oct. 3, 2006, the morning after her neighbor Hannah Overton had rushed a dying 4-year-old boy to a nearby urgent care clinic, Kathi Haller got a visit from police. And then there was the abnormally high sodium level, coupled with Hannahs account of feeding him Creole seasoning after he had misbehaved. 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. I kept denying that Hannah could do such a thing, she told me. Andrew seems very happy in this home.. We met when he was helping her move. Hannah R. (Saem) Overton . In the eyes of law enforcement, Hannah and Larry were not grieving parents but perpetrators of an appalling crime. She had been released on bond in December after a Texas appellate court overturned her conviction and life sentence for the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry, were in the process of adopting before he died. After he completed his probation, the charges were dismissed. He touched my heart and those of my dear friends. Our condolences to his family and friends. Then, as always, Hannah had been composed, despite the strain she was under. A funeral for Andrew followed at Seaside Memorial Park, alongside Corpus Christi Bay, at which Pastor Rod Carver officiated. Weeping, they told the children that their brother had gone to be with Jesus. Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. Unlike the three physicians who had testified for the prosecution, Cortes was the only doctor who had seen Andrew before his hospitalization; he had evaluated the boy during a routine checkup when Andrew was three years old and still living with Hamil. The original prosecutor in the Overton case, Sandra Eastwood, was terminated for reasons unrelated to this case years after the trial concluded. He left me with that gift. Despite all the pain, she told me that if she could do it over again, she would not change their decision to bring Andrew into their home. The following evening, Andrew was dead. Yet the jury had never heard from him. ), As the Overtons wait on the appellate courts, Larry goes about the task of raising their five children, while also trying to rebuild his business. After your child dies to be told that somebody think its your fault. There have been a few tear-filled nights because one of the kids misses Andrew, Larry told me later. Richard and his wife had tried all sorts of tactics to deter him: redirecting his attention, putting gloves on him, even restraining his hands. The Overtons live in East Texas and told ABC News they have housed and supported prisoners after their release through their non-profit organization, Syndeo Ministries. He has carried us through.". The nondenominational church, on the south side of Corpus Christi, drew many young evangelicals with its emphasis on a verse-by-verse understanding of the Bible, and Larry and Hannah were well-regarded members. However, Judge Longoria could allow the jury to consider a lesser charge if he felt that the evidence did not support capital murder, and after hearing the states case, he did so, telling both the prosecution and the defense that he was willing to let the jury consider manslaughter or criminally negligent homicide. There was no evidence of external bleeding or injuries to Andrews head, however, and at a pre-trial hearing, Fernandez conceded that the hemorrhaging could have been related to elevated sodium in the blood. He called Hannah and Larry Mommy and Daddy, and he followed Larry everywhere he went, often stepping on Larrys heels as he trailed after him. Because we were not thinking we were in a life-or-death situation, she insisted. Why Does He Get to Make That Call? He will be dearly missed. Haller was stunned by the accusation. But as the afternoon wore on, his symptoms grew troubling; his breathing became congested, and he became less and less responsive. Dabney will be missed as one of the "regular" offshore racing crew members at Fishing Bay. My husband enjoyed sailing with him at FBYC and running into him during a few running events in Richmond. Did you at any time strike him? Hess asked. Fellow church member Anita Miotti remembers their telling her and her husband, Rich, that they were struggling. But there were many other things she had missed from behind bars. After nearly eleven hours of deliberationduring which jurors sent out thirteen notes to the judge, primarily seeking to clarify medical testimonythe jury found her guilty of capital murder. (In his 32 years of practicing law, Gilmore told me, he has never run across the charge of capital murder by omission before or since.) Larry was charged with injury to a child for failing to get Andrew timely medical attention. Finally, Jimenez stated, I do not believe that there was sufficient evidence to indicate that Hannah Overton intentionally killed Andrew Burd. In response, Eastwood penned an affidavit, asserting that she did not engage in any misconduct. Overtons current defense attorney, Cynthia Orr, told ABC News she was thrilled to get the call from Skurka announcing his motion to dismiss had been granted by the judge. Hannah, who was left with whiplash and a severely swollen jaw, spent the next several weeks immobilized by a neck brace, mostly confined to bed. Despite Eastwoods zeal, there were still basic questions that the prosecution could not explain. Overton had to have a blood transfusion and her new daughter spent a few days in a neonatal intensive care unit. In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. 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. Other couples they knew who had adopted foster children assured them that their kids had outgrown similar eating issues, and the Overtons assumed that, with time, Andrew would outgrow his as well. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. Andrew continued eating until he threw up. Myron attended Longfellow elementary, Panama Union and Kern It is a small thing for one who has suffered so greatly.". One of the recent fundraising efforts involves providing "chill towels" to incarcerated women this summer because most Texas prisons are without air conditioning. A state judge has rejected claims by Hannah Overton that she was wrongly convicted of capital murder in 2007 because prosecutors withheld exculpatory evidence, her lawyers were ineffective . Last year, new District Attorney Mark Gonzalezfiled a motion toofficially declare her innocent. I was assured that they would be seeking lesser charges. During the trial, he said, I sat at the courthouse for five days, waiting to testify. Andrew had never been diagnosed with pica, Rotta reminded jurors. That Sunday, October 1, Larry took the other kids to church while Hannah devoted some extra attention to Andrew. Sending hope that your healing is swift. Heritage Funeral Home 3700 Forest Lawn Dr, Matthews, NC 28104, Weddington Methodist Church 13901 Providence Rd, Weddington, NC 28104. Normans remarks were hardly the stuff of a cocksure prosecutor. The physician only said that the scratch marks he had noticed on the boys neck had been caused, he believed, by another person. Exhausted from the previous night, she briefly dozed off, then awoke to discover that Andrew had slipped out of the room. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. The Carvers, like most members of Calvary Chapel, never doubted her innocence. Nueces County District Attorney Mark Skurka had charged Overton a second time for murder after her release. Mr. Overton was also very active in the local chapter of Alcoholics Anonymous. The supervisor suggested that Andrew might have an eating disorder called pica, which is characterized by a desire to consume things that have no nutritional value, and she recommended that he be evaluated by a specialist if his behavior continued. celebrity wifi packages cost. It was a catastrophic decision. — -- Murder charges against Hannah Overton, a south Texas mother of five who had been convicted in the 2007 salt poisoning trial in the death of her foster son, have been dismissed by the . Does God want a child to go to bed hurting, in pain, fearful, being looked at by closed-circuit television? "We are so excited about all God has done in and through all of this. Now, she is 8 years old. Sending a prayer to all his family & friends. Our paths crossed later in life and we renewed our friendship. If he was denied a second or third helping, he would routinely throw a tantrum or get down on his hands and knees to scavenge the floor for crumbs. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. Andrew flew into a rage. We will always remember him fondly as a fellow Friend of Bandy Field. He didnt drink or smoke, and the bands he listened to sang about glorifying God. Before they started a family, Hannah worked as a private-duty nurse for disabled children, and her longest assignmentwith a four-year-old named Michael Subialdeabecame as absorbing to her as her time in Reynosa. Until his arrest, Saenz had led a seemingly normal life: in addition to leading his nondenominational congregation, he worked as an office-machine mechanic while his wife, Lane, stayed home with their two children. Dabney will be greatly missed, but not forgotten. Looking for any information that might bolster the appeal, Orr requested access to the prosecutions case file. Andrew had an enraged mother who didnt, I dont think loved him the way that she loved her own biological children, former Nueces County prosecutor Sandra Eastwood said at trial. Todd Yates/Corpus Christi Caller-Times/AP. (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.) At Sunday school, he became more expressive, stringing words into sentences and holding hands with his new sister Ally. She hugged them and let them climb onto her lap, often returning to Lindale with head lice. There wasnt anything that I thought was dangerously wrong with him at that point. His tantrums grew longer and more extreme, and he often banged his head against the floor. If Hannah had been looking for a way out, she would have called the adoption agency and told them that she and Larry couldnt go through with it. Hess was unmoved. Still, the overall impression was a damning one. Think of your other children, she urged the couple. Disclaimer: We created this website to give you general information about a variety of criminal offenses and possible defenses that might apply to those charges. Hannah liked the tall, serious-minded student who shared the same hopes she had of creating a life centered on children and Christian outreach. 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]. The kids took me out back, where they jumped on the trampoline and played hide-and-seek in the salt grass. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. . Katy Vine has been a staff writer since 2002. Isaac read John 9 aloud while Larry helped him sound out the difficult words (synagogue, Pharisees). A block away from the clinic, as they waited at a red light, Andrew stopped breathing. He had a speech disorder called echolalia, which is one of the things we see typically in children who have autism spectrum disorders. But after Hannahs conviction, the DAs office offered him several plea deals, each of which required him to acknowledge that he had intentionally caused Andrews death. He was always happy, Hamil testified. The daughter of a pastor and a homemaker, she had grown up longing for the companionship and boisterous energy of the big, churchgoing families she saw around her. A memorial service will be held at St. Paul's Episcopal Church in Miller's Tavern, Va. on Sunday, November 22nd at 2 p.m. Larry Overton was also charged with murder, but after his wife's conviction, he was offered a plea deal and was given probation. We had known each other for ten years, and I dont think Id ever seen her mad, Haller told me. I remind them that the Lord loves him more than anyone could and he is with Him now and we will see him again someday.. Hey dear, so sorry to hear this newstake care of yourself and your familythinking of you!! Hannah Spencer Overton (born Haile) in FamilySearch Family Tree Hannah Overton in U.S. Social Security Death Index (SSDI) Hannah Spencer Haile in MyHeritage family trees (Baker Family Site (23andMe)) view all Immediate Family Private ex-spouse Private child Hannah Overton Tiffany daughter Private child Edmond Ware Haile father Irene Margarite Tyler Rather than let him remain in his wheelchair most of the day, as previous caretakers had done, Hannah kept him moving; she took him into his familys pool to stretch and used massage to loosen his contracted muscles. (You can just tell by looking at her how evil she is, one wrote.) The mood in the car was giddy; the kids were excitedly discussing the news that they would have a baby sister when Larry, distracted, ran a stop sign and collided with another car. The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence. Both sides worked hard independently to determine the truth and achieve justice for the Overton family, the entire family. I wish his family well. My sons in high school now. We shared wonderful times together as we mused over Rumi and different flavor ice creams. It is unclear, read the courts ruling, whether the state actually knew of Dr. Cortess opinion. The court also ruled that the wording of the jury charge was free from error. The Texas Court of Criminal Appeals declined the opportunity to reconsider the decision. I enjoyed his company and was truly blessed to have shared time with him. The Huntsville Times Homepage. He was such a kind person, always with a smile on his face and a warm hug. Created by: Red; Added: 9 Apr 2016 . Dick and Sue Kemper; St. Christopher's School, Share to let others add their own memories and condolences. What a loss for all of us; he will be missed. He moved unsteadily, and he was so clumsy that Hannah had him wear a life jacket whenever he splashed around in their inflatable kiddie pool. Because the court has not been inclined to intercede so far, members of Calvary Chapel have begun a letter-writing campaign to the Texas Board of Pardons and Paroles in hopes of securing a pardon or a commutation. A colleague of mine who attended the trial told me that the prosecution described Andrew again and again as a normal child, and that is a great distortion of the truth. To Plant Memorial Trees in memory, please visit our. Mr. Overton was a U. S. Army Veteran and a member of the First United Methodist Church in Bryant. Only Hannah had been able to break through. If I failed in my duties of disclosure before the Hannah Overton trial (which the record corroborates I did not), then so did Ms. Jimenez., Orr filed the writ in April 2011, and soon afterward San Antonio Express-News reporter John MacCormackwhose reporting has raised questions about the fairness of Hannahs convictionmade a routine call to the office to gauge the reaction to the recent developments in the case. At 4 a.m., she reports to the laundry, where she folds shirts and hands out clean clothes to inmates. With guns drawn, police officers had surrounded Hannah and Larrys car as they returned from an errand, forcing them to the ground and handcuffing them. Receive obituaries from the city or cities of your choice. Yet according to the unusual wording of the jury charge, jurors had to believe just one of two scenarios to find Hannah guilty: that she deliberately made Andrew ingest a lethal amount of salt or that she purposely neglected to get timely medical attention, knowing that this would kill him. 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. Would you like to offer Jonah Lee Overtons loved ones a condolence message? The three oldest Overton children had gone to their aunts house to see their cousins, who were visiting from out of town, and Andrew grew increasingly agitated and restless, throwing a tantrum at three oclock in the morning. We thought that he would stop turning to food for comfort when he learned that he could trust us.. He defecated on the floor of his bedroom, then smeared feces on the bed, the dresser, and the walls. Our thoughts, hugs and prayers are with you. The kids now range in age from four to twelve, and when I visited them late one afternoon, not long after I had seen Hannah, they seemed unencumbered by the tragedy that had engulfed their family. Had Andrew sat among them, I realized, he would have been nine years old. Updated: June 20, 2015 . Do Not Sell or Share My Personal Information. According to Overtons attorney, Cynthia Orr, the Texas comptroller told Overton on Tuesday that she would receive a check for $573,333.33 as compensation her for her wrongful incarceration. When Andrew was two-and-a-half years old, CPS determined that he was in immediate danger, according to an affidavit, and he was put in foster care. Dabney will be missed by a wide range of supportive friends and family. (Both carry shorter sentences and differ from capital murder on the issue of intent; a motorist who hits and kills someone while driving too fast is often deemed to be criminally negligent in that he did not set out to take a life but was aware of the danger of speeding.) If not for a Corpus Christi couple named Larry and Hannah Overton, Andrew might have lingered in state custody, shuffled from one foster home to another. Fire Ants Have Unleashed Chaos in Texas for Decades. . ABC News has followed Overton and her husband's story since her original trial. We were having a hard time, but we knew it was going to pass. Two years later, the Overtons learned that their adoption application had been approved and that Andrew would be joining their family. We were in awe.. (A subsequent investigation by the attorney generals office found that no crimes had been committed. I realized that it was something serious . I never knew him but it is obvious from all the wonderful things that people are saying that he was an incredible person and friend to so many. Until then, she said, Andrew was doing nothing that my other kids hadnt done with the flu. Its not even a consideration, she said. As Larry stood in the kitchen and peeled potatoes, the kidsexcited to have a visitorshowed me around their house, pointing out their favorite hiding places and the plaster cast of their footprints in the hallway, which includes the letter A for Andrew. As the verdict was read, Hannah looked horror-struck. Hannahwho had already lost a child and was now living apart from her four older oneswas in a fragile state of mind. Making him sleep on plywood burning sheets, becoming so enraged she forced him to have 23 teaspoons of hot pepper, and then watched him die in agony.. Throughout the meal, Andrew repeatedly asked, Is my mom okay? He also kept requesting more food. She was native of this place and had been twice married. He was a nice guy. A more thorough investigation would have uncovered ample evidence to suggest that Andrew had an undiagnosed eating disorder, raising the possibility that he had unintentionally consumed too much salt on his own. Dear Overton Family and Friends of Dabney. I was convinced that we were in the presence of a crime.. I'm so saddened to here the news but I know that Dabney is walking his dogs in the park right now in another very special place. That left Overton entitled to seek state compensation funds for thewrongful conviction. As you know, Dabney and I had a lot of good times and he was a dear friend and fraternity brother. When she was fifteen, Hannah returned to Corpus Christi with her family to visit, and Larry, who had not seen her since they were kids, was immediately smitten. It is with deep sorrow that we announce the death of Jonah Lee Overton (Charlotte, North Carolina), who passed away on January 21, 2023, at the age of 92, leaving to mourn family and friends. It was very tense. Sifting through it one afternoon, Orr came across documents she had never seen before, which showed that Andrews stomach contents did not have an elevated amount of salt when he arrived at the urgent care clinic. Ill put it this way. "Wow, we don't even know where to begin," Hannah Overton told ABC News exclusively after she heard that her case had been dismissed and she would not have to endure another trial. I would often see him riding with all the dogs in the back of the car. He hoarded food and sometimes ate from the trash, she warned, and he threw intense temper tantrums, which could be tamed only by holding and rocking him. Overton spent seven years in prison for the murder of a young foster child that she says she didn't commit. . I was lucky enough and feel so honored to have been loved by Dabney. Melinek, the defenses expert witness, testified about pica and an array of factors that could have contributed to Andrews death, including undiagnosed diabetes. Overtons conviction and sentence were upheld on appeal. There was Andrews bedjust a bare piece of plywood, with no mattressand a security camera, as the baby monitor was later called at trial, trained on it. Lane earned her college degree and became an elementary school teacher, while Hannah played with, and later babysat, the children of missionaries who used the campus as a home base between trips abroad. So she had to find a way out. (Hess did not respond to interview requests for this article but has previously denied Hallers version of events.) Dabney was one of those people that are angels without wings. She had a way with Michael that even my wife and I didnt completely understand, his father, Richard, told me. Hess had given me his word that he would tell me if and when warrants were going to be issued, so that Hannah and Larry could turn themselves in. Instead, law enforcement officials had apprehended the Overtons by making a felony traffic stop, a practice usually reserved for suspects believed to be armed and dangerous. He was preceded in death by his parents and daughter, Nicole . In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. She was born April 24, 1945 to Dabney Overton Sr. and Henrietta Mallory Overton and grew up in Warsaw, VA. She was graduated from St. Margaret's School in 1963 where she was awarded the Bishop's Prize all four years.