Father Indicted in Death of 4-Month-Old in Van
By Howie Padilla, Kavita Kumar and Andris Straumanis
Originally published by the Star Tribune, July 27, 2001
A Minneapolis father was indicted Thursday in the death of his 4-month-old son, who was left in a minivan for about 8 hours this month at the father's workplace in Blaine.
An Anoka County grand jury indicted Kevin L. Daley, 38, on a charge of manslaughter in the second degree involving child endangerment.
Daley's wife, the mother of the victim, was visibly shaken as she walked into the courtroom to hear District Judge Thomas Hayes announce the indictment.
"In this day and age, with all of the technology we have, people always think there has to be a rational answer for everything," said Daley's attorney, Alfred A. Griffin. "They don't want to believe that accidents do happen where no one is to blame. This is a horrible accident. But it is just that … an accident."
Initial autopsy reports indicated that Miles Daley died July 10 from the heat building inside a minivan as the temperature outside rose to 87 degrees.
Daley's day started at 4 a.m. that day, feeding Miles, his attorney said.
The father then dropped his wife at a bus stop and a daughter at another day care, police said. The next stop was supposed to be Miles' day care. Daley told police that he didn't realize he had left his son in the van when he arrived for work about 7:30 a.m.
An attorney who works in the same office complex spotted Miles, still strapped in his car seat, through the van's tinted glass as he parked his vehicle next to the van about 3:30 that afternoon.
Prosecutors had said that because of the seriousness of the death, a body of citizens, the grand jury, needed to consider the case to determine whether charges should be filed.
"The family, he and his wife, are obviously very disappointed," Griffin said. "They have suffered a tragic loss in, by what is in all accounts, an unfortunate accident. They have been trying to focus on grieving and putting their lives back together, and now a grand jury has determined that they have to focus somewhat on this other issue."
Miles' death happened just weeks after an infant was found dead in the van driven by her mother in Perry, Iowa. Kari Engholm has pleaded not guilty to charges of neglect of a dependent person and involuntary manslaughter, the Des Moines Register reported. It reported that the father and the family priest have said the mother had a hectic day of meetings and a change in her routine, causing her to forget the baby.
Such cases aren't uncommon, according to data from Kids 'N Cars, a child advocacy group based in San Francisco. Its database contains 178 cases in which children died of heat-related causes inside vehicles. Charges were filed in at least 65 cases in the database, which dates as far back as 1980. Kids 'N Cars doesn't track down outcomes for all of its cases, but at least 26 resulted in convictions.
Difficult for all
Twin Cities legal experts contacted Thursday evening offered differing views about the indictment and how hard it might be to get a conviction. But they agreed on this point: No matter the outcome of the case, it will be a difficult one for all involved.
"There's no winner here," said Richard Oakes, a Hamline University law professor. "Nobody's going to feel good about this."
The prosecution will have to show that Daley acted recklessly and that he endangered his son, said Marie Failinger, also a Hamline law professor. And, she added, the prosecution will have to show that beyond a reasonable doubt.
"There may be situations about the father that we don't know," Failinger said. Blaine police have said he told them he didn't realize that Miles was still in the van when he arrived at work.
Proving that the child was put in danger won't be difficult, Failinger said. "The harder thing to prove will be what was the state of mind of the father."
Mark Wernick, a Minneapolis criminal lawyer, said he was disappointed with the indictment. If the case goes to trial, its outcome might depend on how a judge defines recklessness to the jury, he said.
Former Hennepin County Attorney Mike Freeman said he supported the Anoka County attorney's decision to take the case to a grand jury. But he thinks the prosecutors should offer Daley the chance to avoid a trial and possible incarceration.
Daley could be given the chance to speak to community groups about the dangers of leaving a child in a vehicle rather than face prison or even a criminal record, Freeman said.
"In my view, justice does not require incarceration of this father," he said.
The charge carries a maximum penalty of 10 years in prison and a $20,000 fine.
Oakes said the case raises the question of whether we hold parents to a higher standard now. In the 1940s or 1950s, Miles' death would have been viewed as an unfortunate accident and left at that, he said.
Daley was ordered to report to the county Sheriff's Office for booking within a week. His next court date is scheduled for Sept. 11.
Support, prayers
Griffin said the Daleys, whom he described as a very religious family, are thankful for all of the support they've received in the form of letters, cards and condolences from people they don't even know.
"They just ask that those people who are spiritual keep remembering the family in their prayers," he said.
The Rev. R.L. Jackson of New Hope Bapist Church in St. Paul said Thursday night after hearing news of the indictment that the congregation's thoughts and prayers are with the Daley family.
"We know [Kevin Daley] and we love all of them," Jackson said. "They're hurting. And to go through that with their son and now this … they need our support and prayers."
