Hallandale Beach

Attorney for dad of missing Hallandale Beach baby says evidence was damaged

 

A report by a forensic scientist indicates there was no blunt trauma before death, but the cranium was likely damaged while it was being dug up from the backyard by investigators.

cteproff@MiamiHerald.com

The tiny bones recovered from a backyard grave have a story to tell: Are these the remains of Dontrell Melvin, a baby whose family didn’t report him missing for 18 months? And how was the baby killed?

According to notes in the Hallandale Beach police lead investigator’s file, there was blunt force trauma to the child’s cranium after his death, likely caused during the search and recovery of the skeleton.

And that, says attorney Ed Hoeg, who is representing the baby’s father, could have an impact on the case against his client.

“If evidence is compromised, it could change how the case goes,” Hoeg said. “You would hope the evidence would be in pristine condition.”

Meanwhile, the missing child’s parents remain in Broward County jails. Brittney Sierra, 21, faces two counts of felony child neglect; Calvin Melvin, 27, was charged with three felony counts of providing false information to police.

But those charges could be increased if a Texas lab confirms that DNA from a tiny skeleton unearthed in January behind the couple’s former Hallandale Beach rental home matches that of their baby, Dontrell Melvin.

Dontrell, who would have turned 2 last month, had not been seen for nearly 18 months before police learned of his disappearance on Jan 9.

At first, Melvin told Hallandale Beach police that the child was with his family in Pompano Beach. But when police went there, they were told by the grandparents that they didn’t have the child and hadn’t seen him.

During questioning by police, Melvin changed his story several times, investigators said.

At one point, he told them he’d taken the baby to a fire station under Florida’s Safe Haven Law.

But police didn’t believe him and began questioning Sierra, as well. The couple, who have another child together, pointed fingers at one another, police said.

Their answers led police to the backyard of their former rental home at 106 NW First Ave.

It was there that tiny bones were found.

Nearly 90 percent of the baby’s remains were recovered and reconstructed. An initial review of the bones did not reveal any trauma to the bones, said Hallandale Beach Police Chief Dwayne Flournoy.

However, on Jan. 25, forensic anthropologist Heather Walsh-Haney briefed investigators, including Flournoy, Maj. Thomas Honan and Capt. P. Abut, on the case. In his notes, a Hallandale Beach investigator, who was not identified, wrote: “Dr. Walsh-Haney stated that there were no signs of perimortem blunt trauma. However, there was evidence of a postmortem blunt trauma to the cranium. She stated that said postmortem trauma had probably occurred during the search and recovery of the skeleton.”

The notes were provided to The Miami Herald by Hoeg.

The damage to the cranium, Hoeg said, could prove problematic for the case against his client.

“If there is only trauma afterward, did the damage destroy evidence?” he said.

But on Friday, Police Chief Flournoy insisted there was not any damage caused post-mortem to the skeleton. “The bones were not compromised in any way,” said Flournoy.

Regardless, the Texas lab working to identify the baby’s remains has enough evidence to work with.

All a scientist needs is a small bone fragment to create a DNA profile, said John Fudenberg, the president-elect for International Association of Coroners and Medical Examiners.

“Unless there is significant trauma noted, it’s very difficult for a medical examiner to determine the cause of death,” Fudenberg added.

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