3-19-2007

25-year-old Nicholas Haley admits that he is responsible for the death of his infant daughter. After a plea deal, Haley's ORIGINAL plea of manslaughter has been thrown out and he NOW is pleading guilty to Negligent Homicide. He will serve a grand total of four years behind bars for the crime.

The case is a little complicated ... here's a recap:

Nearly three years ago, a 33-day-old infant named Gabrielle Elizabeth died.

After the young girl's death in 2004, Haley (her father) was charged with Felony murder (carrying a minimum penalty of 25 years according to defense counsel).

Evidence suggested that the baby died due to symptoms of Shaken Baby Syndrome. Haley told reporters at the time he was innocent. But, as the trial progressed, he eventually pleaded guilty to manslaughter.

As the plea went forward, jurors approached members of the court claiming they did not believe Haley was guilty and should be set free. Based on that, counsel re-evaluated their options. Attorney Shannon Connell spoke with me and said they were hesitant to pursue a brand new trial. Yes, these jurors likely would have set Haley free, but a new jury may have seen things differently sending her client away until he was in his 50's.

Based on that and the words of the jury, they negotiated a new deal. The manslaughter charges were set aside and Haley would agree to the three new counts INCLUDING a sworn affidavit admitting to the actions that caused the infant's death. In exchange, he will serve 35 months for the negligent homicide, a year for criminal mistreatment in the first degree and probation for the mistreatment in the second degree (credited for time served putting him back on the streets in 2008 and free of any restrictions by the court in 2013).

During Monday's hearing, pieces of the affidavit were read to the court. While I will not recall the specific, gruesome details, I will tell you that Haley admits the following:

During the time period in question, while high on marijuana, he repeatedly threw his infant daughter into the air as hard as he could and, in at least one instance, roughly threw her onto the couch. Doctor's reports say the infant had broken bones, blood clots on her brain and on her retinas. Witnesses say the little girl cried incessantly for several days before eventually losing her life. Testimony suggests that the pain was comprable to a debilitating migraine headache that never ends.

Estimates are, the baby began showing symptoms two weeks before her death.

During the trial, Haley arrived, not in the traditional county jumpsuit, but in khakis and a white collared shirt. He was allowed to add a navy blazer, tie, belt and matching shoes for the proceedings as well as lose his handcuffs and leg shackles.

Court personnel had to move rooms to accommodate all the gallery members. In the process, the hearing was delayed over an hour. For a considerable chunk of that time, Haley was allowed to stay in the court room and had a chance to talk with family members (deputies did stop this activity shortly after it began).

I have covered several trials for numerous causes (everything from burglary to murder). This is the only time I have seen an in-custody suspect allowed to change out of prison garb and remain un-shackled and un-cuffed for the duration of the hearing.

After the case was settled, I spoke with Roberta Krogman (her step-daughter was Haley's girlfriend and mother of the child). She says that while it is a relief to finally be done with the court mess, she believes Haley got off too easily. Specifically she says, if a man did to an adult woman what Haley did to his 33-day-old daughter, he would never see the light of day as a free man again).

Regardless, Haley will serve a total of four years behind bars with five years probation. The remainder of that sentence will be in County lock up as opposed to State . . . while serving time in the State facility, Haley was attacked. Defense counsel say they organized the plea deal to ensure the charges would keep their client in safer facility.

Nicholas Haley must take parenting classes as part of his parole. He cannot parent or provide any physical discipline to children under 18.