AUBURN -- An unlicensed Auburn day care provider accused of shaking and injuring a 10-month-old child pleaded not guilty in Cayuga County Court Thursday to two felony counts of reckless assault of a child and endangering the welfare of a child, a misdemeanor.
Cayuga County District Attorney Jon Budelmann said Gloria Odrzywolski, 62, of 7 Anna St., is accused of causing internal bleeding within the infant's brain and eyes by shaking her on Aug. 19.
In an adult, Budelmann said the injuries would have been fatal because the bone plates surrounding the brain would have fused together with age, preventing them from expanding in order to accomodate for the bleeding. In the child's case, the plates were still able to expand around the bleeding, preventing the brain from herniating out the base of her skull due to the increased pressure.
"We are very lucky she was as young as she was," Budelmann said. "We have been told that the retinal bleeding and the bleeding in her brain are healing, but we don't know about permanent brain damage. Things could develop further down the road."
Because the symptoms of shaken baby syndrome are similar to a cold, Budelmann said it took 10 days for the infant to be properly diagnosed, at which time standard procedure dictated that the parents had to be investigated as the abusers.
Even though Odrzywolski watched the children from her Auburn home, the Auburn Police Department deferred the case to the Cayuga County Sheriff's Office and Child Protective Services to avoid the appearance of impropriety since the victim's father works for the city, Budelmann said.
After deputies began an investigation, they got a videotaped confession of Odrzywolski admitting that she had become overwhelmed by the amount of children she was caring for at her home, and that she shook the baby out of frustration to make it stop crying, Budelmann said.
Dennis Sedor, Odrzywolski attorney, said his client never confessed to hurting the child and that she only acted in an appropriate manner to calm down a crying infant.
"She only bounced the child on her knee and shook it up and down on her shoulder in a manner to comfort it," Sedor said. "She never admitted to injuring the child by shaking it violently. She has cared for dozens and dozens of children and knows how to handle a child properly ... I think what the DA is seizing on is a short snippet of a two-hour long interview."
Sedor said if the case does go to trial, he intends to have the interview suppressed as evidence.
While he did not know the exact number of children that she was taking care of, Budelmann said he believes Odrzywolski was caring for three infants, a couple of toddlers and several school-aged children all at once.
According to the state's Office of Children and Family Services, any provider who takes care of more than two children a day for more than three hours must be licensed.
In 2006, OCFS issued a cease and desist order because Odrzywolski was found to be in violation of that regulation.
Licensed providers are required to receive training, mental and physical examinations, undergo background checks and maintain the facility in accordance with state guidelines.
Odrzywolski remains free on bail, which was set at $5,000 cash.
In an adult, Budelmann said the injuries would have been fatal because the bone plates surrounding the brain would have fused together with age, preventing them from expanding in order to accomodate for the bleeding. In the child's case, the plates were still able to expand around the bleeding, preventing the brain from herniating out the base of her skull due to the increased pressure.
"We are very lucky she was as young as she was," Budelmann said. "We have been told that the retinal bleeding and the bleeding in her brain are healing, but we don't know about permanent brain damage. Things could develop further down the road."
Because the symptoms of shaken baby syndrome are similar to a cold, Budelmann said it took 10 days for the infant to be properly diagnosed, at which time standard procedure dictated that the parents had to be investigated as the abusers.
Even though Odrzywolski watched the children from her Auburn home, the Auburn Police Department deferred the case to the Cayuga County Sheriff's Office and Child Protective Services to avoid the appearance of impropriety since the victim's father works for the city, Budelmann said.
After deputies began an investigation, they got a videotaped confession of Odrzywolski admitting that she had become overwhelmed by the amount of children she was caring for at her home, and that she shook the baby out of frustration to make it stop crying, Budelmann said.
Dennis Sedor, Odrzywolski attorney, said his client never confessed to hurting the child and that she only acted in an appropriate manner to calm down a crying infant.
"She only bounced the child on her knee and shook it up and down on her shoulder in a manner to comfort it," Sedor said. "She never admitted to injuring the child by shaking it violently. She has cared for dozens and dozens of children and knows how to handle a child properly ... I think what the DA is seizing on is a short snippet of a two-hour long interview."
Sedor said if the case does go to trial, he intends to have the interview suppressed as evidence.
While he did not know the exact number of children that she was taking care of, Budelmann said he believes Odrzywolski was caring for three infants, a couple of toddlers and several school-aged children all at once.
According to the state's Office of Children and Family Services, any provider who takes care of more than two children a day for more than three hours must be licensed.
In 2006, OCFS issued a cease and desist order because Odrzywolski was found to be in violation of that regulation.
Licensed providers are required to receive training, mental and physical examinations, undergo background checks and maintain the facility in accordance with state guidelines.
Odrzywolski remains free on bail, which was set at $5,000 cash.
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DuJustice wrote on Apr 3, 2009 8:01 PM:
Just one word after reading this...UNBELIEVABLE!!! A care provider can bounce and shake a child enough to cause retinal and brain bleeding and that's considered COMFORT ??!!!!!!
Wow!! Mr. Sedor would you feel 'comfortable' having this person give 'comfort to your child???
I would love to `comfort' Mrs.Odrzywolski !!!! "
BEATERASS wrote on Apr 2, 2009 9:11 PM:
sunshine281 wrote on Apr 2, 2009 8:29 PM:
BEATERASS wrote on Apr 2, 2009 8:27 PM: