Bryant Murder Trial Runs Late with Two Expert Witnesses

Written by Amanda Coers – The Capitol Murder Trial of Jekaris Bryant adjourned at 7:30 p.m. on Thursday, January 26th, over two hours later than usual as the court stayed late to hear opposing opinions from two Forensic Pathologists called by both the prosecution and defense. Bryant is accused of killing his 4 week old daughter, Breyla Ann Bryant, by “shaking, squeezing.”

It was a long day in the 35th District Court in Brownwood, beginning at 9 a.m. with an out-of-order defense witness being allowed to testify due to scheduling conflicts. The defense called clinical psychologist Dr. Pennissi Taylor, who had administered court-ordered evaluations to determine Bryant’s intelligence level, including psychiatric and psychological evaluations, to establish competency for trial. Dr. Taylor met with Bryant in the Brown County Jail. The results of Dr. Taylor’s evaluations showed Bryant to have an IQ score of 73, labeled as “borderline,” nearing a lower score that would indicate mental impairment. Dr. Taylor explained individuals with borderline intelligence, like Bryant, are simple minded, have trouble multi-tasking and making high-level decisions and are less likely to process information rapidly and efficiently, especially during a “crisis” situation.

Dr. Taylor aslo testified it was her opinion that an individual with borderline intelligence and little-to-no experience caring for children should not be left alone with an infant. She also stated 96 out of 100 people would function better in a stressful situation than Jekaris Bryant.

Next to take the stand, called by the prosecution, was Jordon Brown, Makahla Brewer’s visiting friend from Las Vegas. Jordon testified to have been Makahla’s friend since middle school. She had traveled from Las Vegas, Nevada to Brownwood on December 10, 2015 to see Makahla and her new baby, Breyla. On December 12, 2015, Jordon went with Makahla and Jekaris, bringing their infant daughter Breyla, to attend a family get-together at Jakaris’ father Richard Bryant’s house from sometime after 6 p.m. until 1 a.m. Several other family members and friends were also present. Both Makahla and Jordon admit in testimony they consumed alcohol at the party. Breyla, along with another young child, slept in Richard Bryant’s room.

The prosecution then asked Jordon to recall the events of the day of Breyla’s death on December 13, 2015. Jordon testified the group returned to the apartment around 1 a.m. after attending the party at Richard Bryant’s home. Makahla went to bed in the upstairs bedroom. Jekaris brought baby Breyla downstairs to watch a movie with Jordon. According to Jordon, Breyla was fed, fell asleep, and was placed in the swing in the living room downstairs.

Jekaris and Jordon then went to an outside laundry room to smoke weed (in Jordon’s testimony she claims the didn’t find any) and accidentally locked themselves out of the house from approximately 2 a.m to 4:30 a.m. Jekaris later broke the door knob to reenter the home after hearing Breyla crying in her swing. Jordon then told the prosecution Jekaris took the baby upstairs. Jordon slept on the couch in the living room.

Around 9 a.m. Jordon said Jekaris’ father, Richard, came to the apartment to see his granddaughter. He went upstairs for a few minutes and then asked Jordon to take care of the baby so Jekaris and Makahla could continue sleeping. Jordon retrieved Breyla from their bedroom, took the baby downstairs and fed her and changed her diaper, she testified to not have seen any bruises on the infant during that process. Jordon took a snapchat photo of Breyla, who appeared to be awake and content in her swing, fully dressed at 11:57 a.m.

 

She then testified Jekaris and Makahla came downstairs around 1 p.m. The group made plans to travel to Abilene later that day to visit Makahla’s mother, Russ Ann Hurtado. Makahla and Jordon left baby Breyla with Jekaris to go to Walmart to pick up pre-mixed formula around 2:15 p.m. The two also travel to Richard Bryant’s house to retrieve Jordan’s phone charger. They returned to the home, and Jordon told the court Jekaris was upstairs with baby Breyla. A screenshot of a FaceTime phone conversation at 2:56 p.m. was provided as evidence. After returning from Walmart, Jordon went upstairs while on a FaceTime conversation with her mother in Las Vegas to show off the baby. Jordon testified the infant was in her bassinet, covered with a blanket and appeared to be asleep.

Jordon explained to the prosecution she went downstairs shortly after the conversation with her mother. Makahla asked Jekaris to bring Breyla downstairs to get ready to go on a trip to Abilene to visit Makahla’s mother. According to Jordon’s testimony, Jekaris brought Breyla downstairs, wrapped in a blanket, and held her in his lap. Two neighbors visited, one, a young child, asked to see baby Breyla. He looks at the child who appears to be sleeping in Jekaris’ lap and calls her “an angel.” The neighbors left, and Jordon said Jekaris placed the baby in her swing and he asked if the baby “looks pale.”

Makahla checked the child and was unable to get the baby to move. Jordon testified Jekaris told Makahla to “let her sleep.” Makahla became concerned when the baby didn’t move after touching her. Jordon says Makahla removed the blanket from Breyla and Jordon testified the child was no longer wearing clothing, and Jordon could see “her chest was purple.” Makahla then took the baby, and ran to the car, followed by Jordon and Jekaris. While in the car on the way to the hospital, Jordon called Makahla’s mother, who then instructed Jordon to call 911. An emergency call from the car at 3:24 p.m. has been logged into evidence.

It was noted during her testimony that after Breyla’s death Makahla and Jordon had a falling out and didn’t communicate for a year, until the trial proceedings commenced.

After the court returned from a lunch recess, District attorney Micheal Murray and Assistant District Attorney Elisha Bird played a video of a conversation in Texas Ranger Jason Shea’s office with Jekaris Bryant on January 20, 2016. Ranger Shea was asked by the Brownwood Police Department to interview Jekaris regarding the events surrounding his daughter’s death.

In the recorded one-hour long interview, Jekaris first tells Ranger Shea that he, Makahla, Jordon, and baby Breyla returned home after the party at Richard Bryant’s house around 11 p.m. Jekaris said they watched a movie, and then went to bed. He tells Ranger Shea he woke up the next morning at 6 a.m. He at first never mentions going downstairs to “hang out” with Jordon.

When asked whether he fed the baby while the girls were at Walmart, Jekaris tells Ranger Shea he did not. Several times throughout the conversation, Ranger Shea reminded Jekaris that he had previously told doctors in the emergency room that he had fed Breyla at least twice, once just minutes before her arrival at the hospital. In the video Jekaris frequently denies feeding the baby, saying, “I know for a fact I didn’t feed her that whole day.” Jekaris claimed to have been in the shower while Breyla slept in her bassinet during the time Makahla and Jordon were at Walmart. Ranger Shea noted that would have been a long shower, nearly 30 minutes.

After being reminded several times it was documented by medical staff that Jekaris had told them he fed the baby at least twice, his story began to change. In the interview video, Jekaris then told Ranger Shea he did feed the baby, but she started choking, spitting up. He then explained he tried to save his daughter by patting her back and gently shaking her. “The look in her eyes,” Jekaris told Ranger Shea. “I didn’t know what to do.” He then told Ranger Shea the baby closed her eyes, and he thought she had gone to sleep. He took off her clothes, saying they had been soiled with formula, covered her in a blanket and put her in the bassinet.

Ranger Shea asked if Jekaris had told Makahla what happened, and he admitted he had not.

Following Ranger Shea’s testimony, Judge Stephen Ellis allowed the defense to call their witness, Forensic Pathologist Dr. Kris Sperry. Scheduling conflicts were cited as a reason for calling the defense witness out of order, and the prosecution was also allowed to have another Forensic Pathologist, Dr. James Downs, in the courtroom to hear Dr. Sperry’s remarks.

The defense’s Forensic Pathologist, Dr. Sperry, testified he had reviewed the autopsy photos and results, noting the procedure had been done correctly. When asked by the defense about baby Breyla’s diaper rash, Dr. Sperry called it a “3 or 4” on a scale of 1-10 of the worst rashes he had seen in his experience. Dr. Sperry stated his own granddaughter had presented a rash that looked more severe than the photos of Breyla’s rash.

Dr. Sperry also told the defense that often during intubation, physicians will sweep the airways with a finger, and then insert a tube to suction out the airways to remove obstructions before placing breathing tubes. Dr. Sperry surmised this could have removed formula that could have been present in baby Breyla’s mouth or nose before intubation. The prosecution cross-examined and noted the responding Brownwood Emergency Room doctor did not use a tube to suction the airways before intubating the baby during resuscitation efforts, so formula if present would not have been removed.

Dr. Sperry explained it was possible the bruising on Breyla’s chin could have happened during the intubation process at the emergency room, noting the medical records from the hospital did not list the bruises on the child’s jaw when she arrived in the ER.

When questioned, Dr. Sperry stated he could not quantify the amount of force needed to break a baby’s ribs. He explained infant’s bones were similar to willow tree branches, with some flexibility, and could bend if under slow, steady pressure, but would crack with a sharp, quick squeeze. Dr. Sperry explained in his opinion all of baby Breyla’s injuries happened in one “quick” episode. He also stated a younger infant is more likely to be injured by shaking than an older child.

The prosecution called their Forensic Pathologist, Dr. James Downs, in rebuttal to the defense’s expert witness. Dr. Downs offered a counter to Dr. Sperry’s interpretation of the autopsy results, first noting the infant’s glucose levels were extremely high, indicating she had been dead for perhaps 30 minutes before arrival at the hospital, and that it would be unlikely new bruises would have been formed during CPR efforts, with no blood flow available.

Dr. Downs presented a detailed slide-show during his remarks, going over the autopsy findings and surmising a “violent shaking” caused damage to the nerves leading to the diaphragm, which caused Breyla to stop breathing. He noted the child died “very quickly.”

Dr. James Downs has authored several books and chapters in the fields of forensic pathology and child abuse, including Abusive Head Trauma in Infants and Children: A Medical, Legal & Forensic Reference with CD-ROM and Child Fatality Review: A Clinical Guide and A Color Atlas.