Mom spent 18 years in prison after her baby’s death — until science freed her, suit says

A Michigan woman is suing after she was convicted of murder in the death of her infant daughter then exonerated after spending 18 years in prison.

On April 14, 2003, Tonia Miller was found guilty of murder in the second degree in the death of her 11-week-old baby, Alicia, and was subsequently sentenced to 20-30 years in prison, according to a lawsuit.

Now, following her release from prison in 2021, Miller has filed a lawsuit in U.S. District Court for the Western District of Michigan against the City of Battle Creek, Kalamazoo County and others.

The city and county did not immediately respond to McClatchy News’ request for comment on March 19.

Alicia was born on July 29, 2001, when Miller was 18 years old. From the time she was born until her death, Alicia had health issues, the lawsuit, filed March 15, said.

On several occasions, Alicia would stop breathing and would have to be resuscitated by Miller. Miller took Alicia to a hospital and doctor on several occasions but “felt that her concerns were not being taken seriously,” the lawsuit said.

On Oct. 19, 2001, Alicia gasped for air and then stopped breathing, according to the lawsuit. Alicia was taken to a hospital, and staphylococcus hominis, a bacteria that can cause severe and fatal pneumonia in infants, was found in her blood.

A CT scan was done and found “subdural and subarachnoid blood” as well as possible brain swelling.

On Oct. 20, Alicia died in her parents’ arms, the lawsuit said.

DEATH INVESTIGATION

After her death, an autopsy was done, and Alicia’s death was ruled a homicide, the lawsuit said.

“The . . . findings in this case strongly indicate that shaking is the mechanism that caused these injuries,” the doctor wrote in the autopsy results, according to the lawsuit.

The findings listed in the autopsy report included subdural hemorrhaging, retinal hemorrhaging and cerebral edema (brain swelling), according to the lawsuit.

Those three components, also known as “the triad,” were known symptoms of shaken baby syndrome, the lawsuit said.

But the lawsuit said “it was also clear in the medical community that acute pneumonia could cause the same symptoms.”

The lawsuit said officials “decided to deliberately downplay” Alicia’s “obvious pneumonia” and wrongfully concluded there was “overwhelming evidence . . . that this child had been shaken beyond normal and that the shaking undoubtedly caused the child’s death[.]”

Ultimately, Miller was arrested and convicted in connection with Alicia’s death.

NEW EXPERTS AND SCIENCE

Roughly 15 years after Miller’s conviction, the Michigan Innocence Clinic agreed to represent her. Four experts were brought on to analyze the medical records, scientific evidence, autopsy findings and testimony from the trial, the lawsuit said.

The experts determined there was no evidence that abuse caused Alicia’s death, according to the lawsuit. The experts said evidence showed that “the triad” symptoms are not diagnostic of abuse and said other diagnoses should be looked at.

“According to the new experts, (Alicia) did not die from abuse, but rather a combination of pneumonia and other natural causes that caused a lack of oxygen in her brain,” the lawsuit said.

Several doctors found Alicia’s symptoms and medical history to be consistent with issues from birth and pneumonia, according to the National Registry of Exonerations.

“It is now commonly understood that the triad of symptoms is not necessarily indicative of abuse, especially when unaccompanied by evidence of impact to the head or trauma to the neck or spine,” a 2018 motion for relief said, according to the National Registry of Exonerations. “Such was the case in Alicia’s death. Based on this modern understanding of SBS science, Ms. Miller’s new experts now agree that there is nothing in this case to indicate abuse.”

On Jan. 25, 2021, a judge granted a motion for a new trial. Miller was released from prison April 22, 2021, and prosecutors dismissed the charge against her on Aug. 30, 2021, setting her free, the National Registry of Exonerations said.

Lawsuit

Miller filed a lawsuit against the state of Michigan, seeking compensation for her wrongful conviction in December 2021. She was awarded $897,148, the National Registry for Exonerations said.

In the new lawsuit, Miller is asking for an undetermined amount in damages.

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