Take it one day at a time. It was, Hannah and Larry would later remember, one of the happiest times in their lives. Moritz, in fact, had been asked to testify as an expert witness for Hannahs defense at her trial. Obituary OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. He was an avid sailor who was active in the Fishing Bay Yacht Club and raced with the crew of La Maga. Hannah Overton is expected to receive compensation for wrongful incarceration. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Dabney was a pleasant person to be around. Hannah Overton Obituary - Death Notice and Service Information The absence of their mother and their late brother was quietly acknowledged. 1 x 120' / Produced for Discovery Networks. Sadly she lost her . I will miss Dabney greatly, having spent hours drinking coffee & talking with him; a kind, gentle soul who made the world a better place and who always had time for people in his life. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. The world was a better place because of him. Preceded in death by his mother Hannah Spencer Haile Overton and infant brother Charles. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material. -- Sarah Albiston, I enjoyed working with Dabney from time to time. Shana Druckerman contributed to this report, 24/7 coverage of breaking news and live events. Does God want a child to go to bed hurting, in pain, fearful, being looked at by closed-circuit television? People who knew the Overtons were certain that Andrews bewildering death was accidental. 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. That left Overton entitled to seek state compensation funds for thewrongful conviction. He was an example to many by the way he lived his life and his loyalty to those values that determine a true friend. Hoping to show him that his behavior was self-destructive, Larry told Andrew one morning that he could have as much as he wanted for breakfast. She's since createdSyndeo Ministries tohelp prisonerstransition back into society. 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. 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. He was always happy, Hamil testified. I dont see what caused the high salt content. In anticipation of his arrival, Larry built a three-tiered bunk bed for Andrew and the two Overton boys: Isaac, who was seven years old, and Sebastian, who was two. Whenever he got scaredand there was a long list of things that petrified him, from swimming to large crowds to the sound of balloons poppingthe Overtons worked to help him overcome his fears, reassuring him that they loved him and that he was in safe surroundings. But I was frustrated. (He was subsequently fired by CPS after having three car accidents on the job in less than six months.) Hess, who investigated child abuse cases for the police forces family violence unit, had a very different impression of Hannah. 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. Overton, 38, was convicted in 2007 after being accused of force-feeding young Andrew Burd enough salt to kill him, even though she had no previous problems with the law and was raising four children and was pregnant with a fifth. Your family will be in my thoughts and prayers. She also described her unease with Eastwoods trial strategy, claiming the prosecutor had told her that they would not be calling Cortes because a record in his file indicated that Andrew had behavioral problems. I was so shocked and saddened to learn today of Dabney's sudden and all too premature death. I am a better person for knowing him. If convicted, Hannah would receive an automatic life sentence. Dabney will be missed as one of the "regular" offshore racing crew members at Fishing Bay. Or had the tragedy claimed its second victim? We thought that he would stop turning to food for comfort when he learned that he could trust us.. Plant a tree to honor the memory of your loved one. Todd Yates/Corpus Christi Caller-Times/AP. Top: A family birthday celebration in the summer of 2006. The key issues in this case were knowledge and intent, and his opinion went directly to those issues. Hannahs attorneys would later argue on appeal that the doctors opinionthat Hannah had never intended for the boy to dieamounted to exculpatory evidence that the state had withheld from the defense. Sometimes he cried inconsolably for hours. Thendistrict attorney Jimenez did not publicly disclose the reasons for the termination, but it occurred one week after Eastwood informed her superiors that she had been romantically involved in the past with a sex offender; she reported that she feared the information had been used by the offenders defense attorney to get him probation in a criminal case. Dabney was a great guy. I never saw Hannah be anything but patient and loving with all the kids, the now-married mother of two told me. In lieu of flowers donations may be made in Dabney's memory to Aylett Country Day School, P.O. Veteran defense attorney John Gilmore, whom the Overtons had retained using funds raised by their church, was stunned to learn of the arrests from reporters, who called asking for comment. He enjoyed everything he did, was always friendly and supportive. I knew Dabney from years ago when we played softball together. 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. Dabney was loved and treasured for his gentle nature, ready smile, and intelligent wit. Dabney was always smiling, no matter what was going on in his life. Andrews standard answer whenever he was asked to perform a simple task was Sorry, I cant, but Hannah was heartened one day that summer when he deviated from the script. Its somebodys worst nightmare, Hannah Overton told ABC News in an earlier interview. She had told the jury of the boys unusual habitsthe inappropriate eating, the obsessive picking and scratching, the head bangingbut her version of events had been tainted by the specter of abuse. Meny Lukk national monument bank uk; will arnett brothers and sisters She was native of this place and had been twice married. Overtons conviction and sentence were upheld on appeal. She and her Menu. He was a member of Mt. State district judge Jose Longoria, who would oversee Hannahs trial the following fall, would later rule Fernandezs finding of blunt force trauma to be inadmissible because it was not based on sufficient data or reliable methodology. The kids took me out back, where they jumped on the trampoline and played hide-and-seek in the salt grass. There's also a pen pal program and Overton is often featured inFacebook videos in which she talks about ways to help women in prison. I was one of those who was lucky enough to share a friendship with this kind, strong and loving man. 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. My prayers and thoughts are with you all. Exhausted from the previous night, she briefly dozed off, then awoke to discover that Andrew had slipped out of the room. I was just trying to fix itto do anything I could to fix my baby, she said. 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. A family birthday celebration in the summer of 2006. I was convinced that we were in the presence of a crime.. Looking for any information that might bolster the appeal, Orr requested access to the prosecutions case file. Hannah was sure I would eventually come around. "I'm very thankful that this compensation is finally coming through," Overton told ABC News. He was a loyal Red Sox Nation member and I a Yankees Universe devotee. Shortly after noon, Larry picked her and the boys up and took them to a McDonalds drive-through, and then the chiropractor, before returning to work. 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. a few minutes before we actually took him in, she testified. But Rotta was alarmed by his overall appearance. I will take that trip and take my friends spirit with me. When Michael put his fingers in his mouth, she would call his name softlythere was no anger in her voiceand he would smile and slowly slide his fingers out, Richard said. Hess remained skeptical of Hannahs account. "After further review of all the evidence and meeting with her defense attorneys and everyone involved, my office decided that we're going to dismiss the case and include language in there that would actually indicate that she's not guilty of the charge that we charged her with, or the previous administration," Gonzalez said at the time. Murder Charges Dropped Against Hannah Overton, Texas Mom - ABC News I didnt realize the seriousness of the situation. Eastwood questioned how Andrew had come to have scratches on his neck. Being in the Overtons home had afforded Werkhoven an intimate view of the family. The cause of death was determined to be salt poisoning, an extremely rare occurrence that, in children, results from either a child inadvertently ingesting too much salt or a caretaker deliberately forcing the child to do so. I was shocked and saddened to hear of Dabney's premature death last week. H-E-Bs True Texas BBQ Restaurant Is Slipping, West Texans Are Learning What It Means to Live in Bear Country. I plan their birthday parties from here, she told me. 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. Hannahs supporters included a young churchgoer named Dawn Werkhoven, who had lived with the Overtons the year leading up to Andrews death. The Overtons had to remain at the Carvers home, where they had been staying to avoid the camera crews that were camped out on their own doorstep, and they were never to be left alone with the baby. All NRE reports represent a moment in time. Hannah Overton, a south Texas mother of five whose wrongful conviction for the 2006 death of her foster son was overturned last year, is expected to receive over $500,000 in compensation from the state for the years she spent in jail. Sue and I were certainly saddened to learn of the death of Dabney. To Plant Memorial Trees in memory, please visit our. Hannah Overton announced the birth of her sixth child, Gabriela Aliana, this week in a Facebook post that described a difficult delivery. I know he will be missed by all his family and friends. Even more devastating to Hannah were the actions that CPS took that January. Overton cites a Bible verse from Hebrews 13:3 on the ministry website to explain its mission: "Remember those in prisonas if you were bound with them! There are really no words. The appellate court did not rule specifically on Overton's claims of prosecutorial misconduct, saying she deserved a new trial on claims of ineffective counsel. How can one person get probation and another get life without parole for the same thing? Larry said. Dabney Overton III (1963-2009) - Find a Grave Memorial Not until Sebastian was born did doctors discover that his only impairment was a hole in his heart, which healed on its own. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Share Dabney's life story with friends and family. He recalled how Michael used to chew on his fingers, a chronic problem that left his skin bloody and raw. I first met him shortly after the death of my husband 4 years ago and his kind, gentle spirit and wonderful sense of humor made such a difference at that time and ever since. Instead we were arrested.. Its not even a consideration, she said. His foster mother, Hannah Overton, was charged with capital. Her bedroom was just a few feet away from the childrens rooms, which were always open; their doors had been removed so that the kids could easily come and go as they pleased. I think I'll always remember him as simply super cool himself. 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. One of the recent fundraising efforts involves providing "chill towels" to incarcerated women this summer because most Texas prisons are without air conditioning. This is a child that came in [to the emergency room] in cardiopulmonary arrest and was dying. The ministry's name Syndeo is taken from a Greek word meaning "to connect" or "be connected." He was simply "a wonderful person" I am so sorry for your loss. But what Ive realized is that I can trust his heart, even though I dont understand his plan. The reality that Hannah, who is 34, may spend the rest of her life in prison for capital murdera sentence usually reserved for violent criminals who pose a continuing threat to societyis one she is still struggling to understand; even harder to grasp is the possibility that she might never be reunited with her children. I worked with him at Branch, Cabell many years ago. We welcome new information from any source about exonerations already on our list and about cases not in the Registry that might be exonerations. The newly discovered documents, Moritz later told me, were a monumentally important piece of evidence., The discovery soon exposed strains among the prosecution team. "We are so excited about all God has done in and through all of this. Then District Attorney Mark Skurka dropped the case. She had studied years earlier to be an EMT, she explained, and although she had never worked as a paramedic, she had felt confident in her training. As a former private-duty nurse, Hannah felt equipped to handle the challenges of a foster child; she had spent several years caring for special-needs children, some of whom were profoundly disabled. (More shocking details on abuse suffered by four-year-old before death, began one breathless report.) If anything had been wrong, I would have known it, she insisted. Or had the tragedy claimed its second victim? It was like they were arresting Bonnie and Clyde, Gilmore said. Perplexed, Larry installed a baby monitor equipped with a video camera in the boys room so that he and Hannah could observe if Andrew was wandering into the kitchen at night. (A subsequent investigation by the attorney generals office found that no crimes had been committed. He was good to everyone he met. . May your memories bring you comfort. (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.) For us to go to [the clinic] was a lot faster than it would have been had we called, at that point., As we talked about Andrew, she had to stop several times to compose herself. 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. Write your message of sympathy today. He died at 9:30 p.m. 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. Overton spent seven years in prison before the Texas Court of Appeals overturned her capital murder charges on September 17, 2014. Its about trusting God and seeing how he is a god of redemption and restoration, she said. A Texas mother who spent years in prison before she was exonerated for capital murder has welcomed a new child. Once reunited with their childrenwho were terrified by the ordealLarry and Hannah had to break the awful news to them about Andrew. 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. Leave your condolences to the family on this memorial page or send flowers to show you care. He visited us in the country and brought his serinity along. Meanwhile, those who once pursued Hannah with such certainty have undergone their own trials. "We cannot say thank you enough for all who have helped especially the attorneys who worked endless hours to prove my innocence and gain my freedom," Overton told ABC News today. Would you like to offer Jonah Lee Overtons loved ones a condolence message? I came in the morning, and I left in the evening. He was such a kind person and always had a smile on his face. Prepare a personalized obituary for someone you loved.. December 22, 1930 - (Haller, their next-door neighbor, has since moved to Houston.) Shortly afterward, at three-thirty, Hannah called Larry and asked him to come home since Andrew was vomiting and she needed his help.
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