Commentary: Laying Out Additional Concerns in the Ganthner Child Abuse Case

By Antoinnette Borbon

A few weeks ago, I did a commentary disagreeing with the jury findings in the trial of John Timothy Ganthner.    I would like to apologize for taking so long to get back to the readers.

Since a little bit of time has passed, it may be far better to answer your questions within a commentary, to refresh the minds of my readers.     I will attempt to answer your questions in an order you may understand.

Some of you had asked me how I gained my information into this case. I did not cover this case in its entirety, but consulted with fellow interns who were in the courtroom taking notes. But I was in the courtroom the day Dr. Rosas testified, along with an officer who talked shortly about the evidence he collected.

I do want to correct a statement in the previous commentary in regard to Dr. Rosas testifying about the anal fissures. It was written that she testified the positions of 12 o’clock and 6 o’clock were indications it was not sexual abuse; her statement was the fissures WERE indicators of sexual abuse.

It was a misunderstanding to the editor in my initial draft. Dr. Rosas was a witness for the prosecution’s case, not the defense. She stated these fissures in this position were in fact indicative of penetration but, in fact, medical experts state this is the ONE sign which can tell the doctors, it is NOT a sexual penetration. Anal fissures/tears with a marking at the 12 and 6 o’clock areas indicate to experts a different cause for the tears.

In gathering my information, I consulted with medical experts, legal experts, and a private investigator, via the phone and internet. I searched all notes taken by other interns also, to read what each witness had testified to. All of this was simple and did not need more than a high school education or less to pursue.

As to the question of bruising, yes, certain injuries can take less time to show up depending upon where or what part of the body is injured, but in general, experts still assert it is a slower process than just a few minutes – as the defendant testified to seeing the bruises shortly after the child had fallen.

Does “Antoinnette, know more than the jurors?” No, not my assertion.

I was not on the jury. However, everything they heard was also heard by my fellow interns, and I used their reports along with my own research to study this case in length.

I cannot answer for the jurors, or their level of intelligence. I can only say I may have taken a lot longer time to look things over before reaching a verdict. I can say, though, that everything presented to me had been presented to them. But once again, I cannot answer for the jurors.

Recently, I have come up with a few more points:

1. In the defendant’s statement taken by the police, he told the officer the baby would lie with his bottom up in the air. If this is true, isn’t it reasonable to say when he lost control and kicked the child, the kick would have hit the genital area, thus causing great injury to that part of his fragile little body?

2. Presented into evidence was the child’s diaper. In the picture of the diaper it revealed a larger area of dried blood and a bit of fresh blood. The blood evidence indicates the toddler had some bleeding earlier in the day, possibly before the fall.

In conclusion, no, I am not an attorney, or an expert in any field. I am merely a person who has the desire to ferret out the truth so justice is done correctly and righteously. I am optimistic when this case goes to the appellate court, if it does, they will find what I found and overturn this verdict. At present, I am searching thru case law pertaining to the issues in this case.

Upon finishing my education, I trust I will find a like-minded attorney who shares my passion for truth and justice, while working as their investigator/court reporter.

I graciously thank you all for the compliments, comments and intelligent questions within your responses. I apologize once again for the time taken to respond in length. As most already know, we cover a lot of trials/hearings, making it difficult to do a timely response. I work toward producing a piece worth reading, and appreciating.

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