MT. VERNON - A man convicted of beating to death a two-year-old child has lost his appeal against the 60-year sentence and conviction.
Michael Green was convicted of the 2003 murder of Zarah Harrison in Alton. He had argued that the sentence was unfair because of his age when given an effective life sentence and claimed actual innocence based on new scientific advances relating to "shaken baby syndrome."
The Fifth Circuit Court Appellate Court affirmed former Madison County Associate Judge Jennifer Hightower's ruling. The appellate court rejected Green's arguments, agreeing that he was an adult directly involved in the death, and the medical evidence revealed details that go well beyond questions circulating "shaken baby syndrome."
"Here, the 22-year-old defendant was convicted of directly participating in the murder for which he was convicted, as the evidence at trial showed that the defendant violently punched a two-year-old child in the stomach multiple times, hit her in the face, and shook her causing her death," Presiding Justice Thomas Welch wrote in the judgment, with Justices Judy Cates and James Moore concurring.
The court denied leave to file a second post-conviction petition after previously rejecting the first.
Zarah, who normally lived with her paternal grandparents, died in Green's care while at the home of her biological mother. Zarah's grandparents did not know Green was staying with the mother.
Green, in interviews following the death, admitted "spanking" Zarah on the face, knocking her from a kitchen counter on to a concrete floor.
However, the medical evidence revealed she suffered a fracture to her skull, swelling on the brain, retinal hemorrhaging, and swelling and bruising of the head.
"She also suffered a broken rib, a laceration to the spleen, and internal bleeding consistent with blows or kicks to the abdomen," the appellate court noted.
On his claim that the 60-year-sentence violated his US and Illinois constitutional rights, Welch wrote, "The defendant sets forth no legal authority supporting the assertion that a discretionary 60-year sentence violates the proportionate penalties clause, when imposed on an adult who was convicted for directly participating in a murder. "
On the assertion of actual innocence based on new medical advances, the court stated, "Even if the defendant were able to establish that the alleged scientific and legal developments constitutes newly discovered evidence, his claim of actual innocence would still fail as a matter of law."