Toddler death trial continues

October 2, 2009 12:23:54 PM PDT
It should be another dramatic day in the trial of a Crosby woman accused of killing her one-year-old stepdaughter last year. Testimony resumed today in the case against Kimberly Bearnth. Bearnth is accused of killing her stepdaughter, Kylie, a year ago.

In court on Friday, Josh Perkins, Kylie's dad, took the stand to talk about the day his daughter died. People in the courtroom could be heard crying during his testimony.

Also on Friday, a CPS case worker testified about the state of mind and interaction between Bearnth and other children in the home. Also on the stand was the father of a little girl who was one of Kylie's closest friends. He testified about the friendship between the two young girls.

On Thursday morning, prosecutors brought some unusual items into the courtroom to prove their case.

After hours of argument by the defense, Judge Belinda Hill finally allowed the evidence - a toilet and a bathtub - brought into the courtroom in an attempt by prosecutors to demonstrate how they believe Bearnth killed her two-year-old stepdaughter, Kylie.

It was a move Bearnth's attorney argued was nothing more than courtroom theatrics.

"It's ridiculous to bring a toilet and a bathtub into a courtroom," said defense attorney Stanley Schneider. "You can't replicate the scene."

But the state is seeking to prove otherwise, not only planning to demonstrate the crime, but calling on witnesses, including a Life Flight paramedic who testified about the injuries he found on the little girl, stating she was found with a major wound on the back of her head along with numerous bruises on her face arms and hip. It's bruising he believed occurred over a period of time and not consistent with an accident.

It was testimony little Kylie's family had a tough time enduring.

"It is absolutely hard," said Jamie Singletary, Kylie's cousin. "I mean, she was a baby."

The alleged crime occurred one year ago Thursday. Kylie was rushed from her family's home after her stepmother gave her a bath. Prosecutors allege sometime during that bath, Kylie was injured.

In court, a document was read, in which Bearnth claimed Kylie fell the day before she died and that was the cause of her death, a death her attorney calls an accident.

"It's blunt trauma, but there's many ways for blunt trauma to occur," said Schneider. "Just because a child has a head injury doesn't mean that an adult is responsible."

Kylie's biological mother is in court and we believe she will be called as a witness. Bearnth could face up to life in prison if she's convicted.

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