(After his arrest, he lost most of his clients. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overton's appellate team that helped overturn the . Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. Dabney was born on July 31, 1963 and grew up in Essex County, Va. It is unclear, read the courts ruling, whether the state actually knew of Dr. Cortess opinion. The court also ruled that the wording of the jury charge was free from error. The Texas Court of Criminal Appeals declined the opportunity to reconsider the decision. "We shall not see his like again". I have mitigating testimony that I think would have been very useful to your client, he said in a voice mail he left for Gilmore. After nearly eleven hours of deliberationduring which jurors sent out thirteen notes to the judge, primarily seeking to clarify medical testimonythe jury found her guilty of capital murder. And how had she forced him to choke down the lethal slurry through a sippy cupa drinking container that is, by design, able to release its contents only when sucked on? Standing just five feet tall, with wide-set brown eyes, a girlish laugh, and a warm, easy manner, Hannah was almost childlike herself. In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. She could not recall later what, exactly, he had been holding in his hand. Hannah was seven when Saenz was arrested in 1984 and charged with a singularly horrific crime: the bludgeoning death of a sixteen-year-old girl whose nude body was discovered at the waters edge on Padre Island. . Left: Hannah Overton at the Murray Unit, west of Waco, on November 21, 2011. The death of a childparticularly a sudden, unexplained death in which abuse is suspectedevokes strong emotions, even among seasoned investigators, doctors, forensics experts, and prosecutors. Zion Church of the Brethren. Could it be that you held his nose, held his neck, and made him drink this horrible concoction? the prosecutor challenged her during a withering cross-examination. Taken together, the disparate details formed a disturbing picture. He soon lapsed into a coma. Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. Although Cortes had been scheduled to testify for the prosecution, he was never put on the witness stand. The following day, family court judge Carl Lewis awarded temporary custody to Hannahs mother and stepfather. Before he left, Haller recalled his saying, You might want to prepare for the media.. . Reaching for his shoes, he announced, I can do all things. Larry remembered, We felt like we were really making headway with him.. His foster mother, Hannah Overton, was charged with capital. Here are the tributes to Jonah Lee Overton. "We cannot say thank you enough for all who have helped especially the attorneys who worked endless hours to prove my innocence and gain my freedom," Overton told ABC News today. The intentional poisoning of a child is usually perpetrated with sedatives, anticonvulsants, or medications like injectable insulin, not food, he told me. Yet according to the unusual wording of the jury charge, jurors had to believe just one of two scenarios to find Hannah guilty: that she deliberately made Andrew ingest a lethal amount of salt or that she purposely neglected to get timely medical attention, knowing that this would kill him. The kids took me out back, where they jumped on the trampoline and played hide-and-seek in the salt grass. How do you poison someone with a substance you dont know the contents of? That Hannah had not sought immediate medical attention did not change his view. But was this churchgoing young woman a vicious child killer? There are really no words. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. He was a very sweet and kind person. Dear God, thank you for the soup, Isaac said, his head bowed, his eyes closed tightly. Before they headed to bed, Larry turned up the lights for their nightly devotions. But after Hannahs conviction, the DAs office offered him several plea deals, each of which required him to acknowledge that he had intentionally caused Andrews death. The salt poisoning case earned international attention because many believed she was wrongfully convicted and her story was featured in the 2017 documentary, Until Proven Innocent. ABC News has followed Overton's and her husband's story since her original 2007 trial. Any God, Christian or not, would have wanted a better mother for Andrew.. (Like Eastwood, neither Norman nor Jimenez would comment for this article.) I remind them that the Lord loves him more than anyone could and we will see him again someday.. H-E-Bs True Texas BBQ Restaurant Is Slipping, West Texans Are Learning What It Means to Live in Bear Country. But law enforcement officials are accustomed to handling child abuse cases, not medical mysteries, and salt poisoning is rare enough that most emergency room doctors will never encounter a case during their careers. And when he became less responsive, she had pulled out her old EMT books to assess what was wrong. I think I'll always remember him as simply super cool himself. The thoughts and prayers of your co-workers are with you and your family. Until then, she said, Andrew was doing nothing that my other kids hadnt done with the flu. I fear she may have purposely withheld evidence that may have been favorable to Hannah Overtons defense, Jimenez wrote in her letter, which Orr would include in the writ. A short discussion followed about the passage, in which Jesus heals a blind man, and then Larry closed his Bible and said, Okay, guys, lets pray. One by one, the kids spoke their prayers, each of which ended with the same wish. He was simply "a wonderful person" I am so sorry for your loss. The physician only said that the scratch marks he had noticed on the boys neck had been caused, he believed, by another person. She had been released on bond in December after a Texas appellate court overturned her conviction and life sentence for the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry, were in the process of adopting before he died. Or had the tragedy claimed its second victim? At Sunday school, he became more expressive, stringing words into sentences and holding hands with his new sister Ally. -- Sarah Albiston, I enjoyed working with Dabney from time to time. Following college, he worked as a financial consultant and more recently as a consultant for Terrestar Networks. Box 70, Millers Tavern, Va.; St. Christopher's School, 711 St. Christopher's Road, Richmond, Va. 23226; or the Chesapeake Bay Foundation, 1108 E. Main St. Suite 1600, Richmond, Va. 23219. Share Obituary. Beginning next year, she will also receive an annuity. If you would like a copy via email, please let me know. His mother was just sixteen, the file shows, when she gave birth to him in Corpus Christi on July 28, 2002. Yet to find her guilty, theyd had to believe that she knew he would die if she did not get him immediate medical attention. What a great sense of comfort to know that I could be greated on the other side by such a kind person. When Andrew started breathing funny, she told Hess, she had administered asthma medication with a nebulizer, hoping to open up his airways. The new charges were dismissed because of a myriad of factors which came about after a careful review of the previous trial, re-interviewing some of the key witnesses, consulting with some of the medical experts involved in the case, reviewing evidence adduced at recent hearings and staffing the case with the current prosecutors assigned to the case, Skurka said in a news release Wednesday. There was a dead child, he observed. My two boys will remember him always as "that tall man with the super cool motorcycle". Cortes believed that Andrews death was accidental. She would later admit, according to one report, to using alcohol, methamphetamines, cocaine and crack cocaine, LSD, marijuana, cigarettes, and taking prescription Xanax. His father was seventeen and worked for a traveling carnival. The daughter of a pastor and a homemaker, she had grown up longing for the companionship and boisterous energy of the big, churchgoing families she saw around her. Round-trip, the journey is 632 miles. Because he was vomiting? Though the kids were in poor health, Hannah was unreserved in her affection. The boy was diagnosed with a toxic salt overdose and died the following day. I remind them that the Lord loves him more than anyone could and he is with Him now and we will see him again someday.. The cause of death was determined to be salt poisoning, an extremely rare occurrence that, in children, results from either a child inadvertently ingesting too much salt or a caretaker deliberately forcing the child to do so. Hannah Overton announced the birth of her sixth child,Gabriela Aliana, this week in a Facebook post that described a difficult delivery. So it is the context and the totality of the injuries that worried me. The congregation quickly dissolved. In loving memory of Jonah Lee Overton, Hannah Overton, a south Texas mother of five whose wrongful conviction for the 2006 death of her foster son was overturned last year, is expected to receive over $500,000 in compensation from the state for the years she spent in jail. A comment someone made was that it appeared that this child had been in a fight with a porcupine, the physician stated. This was not a child that came into the office looking well, with a story of, you know, Hes just a tomboy, and he falls and hits himself, Rotta would later testify. Orra formidable legal mind whose work recently helped exonerate Michael Morton, a Williamson County man who was wrongly convicted of his wifes 1986 murderhad begun preparing a writ of habeas corpus, a last-ditch effort to persuade the courts to review Hannahs case. The boys symptoms that afternoonvomiting, chills, and lethargyinitially suggested to the Overtons that he had a routine ailment, like a stomach bug. Andrew seems very happy in this home.. Larry hurried home to help, but Andrew, who had been vomiting, only grew worse. Brother Paul Campbell will officiate the service. There was no evidence of external bleeding or injuries to Andrews head, however, and at a pre-trial hearing, Fernandez conceded that the hemorrhaging could have been related to elevated sodium in the blood. Every Easter and Christmas holiday was spent at the Reynosa orphanage, whose wards were primarily the unwanted children of prostitutes who worked the nearby red-light district. Dabney will be missed by many. At four, he spent most of his time playing with Sebastian, who was two, rather than Ally, who was his own age, and his motor skills lagged far behind those of his peers. Love Carl Robertson, My thoughts and prayers are with you in your time of grief. memorial page for Hannah Ester Hall Overton (1660-1732), Find a Grave Memorial ID 160804572; Burial Details Unknown; . He had a speech disorder called echolalia, which is one of the things we see typically in children who have autism spectrum disorders. Moritz, in fact, had been asked to testify as an expert witness for Hannahs defense at her trial. After years of appeals and hearings the state'shighest criminal court overturned her conviction in 2014. Leave them blank to get signed up. Dabney will be greatly missed, but not forgotten. The experience had affected her deeply, and she told Larry that she was willing to adopt a child with disabilities or an older child who had been unable to find a permanent home. In the midst of the chaos that followed, no one recognized how distressed Andrew was by the sight of Hannahs bloodied face. We dont know precisely how she got it down Andrew, but we know that he was very, very obedient, Eastwood told the jury, standing before the TV news cameras that Judge Longoria had allowed inside the courtroom. Katy Vine has been a staff writer since 2002. Hannah and Larry had taken her in after her marriage ended in divorce, giving her their extra bedroom while she got back on her feet. Mr. Overton was also very active in the local chapter of Alcoholics Anonymous. There have been a few tear-filled nights because one of the kids misses Andrew, Larry told me later. Looking for any information that might bolster the appeal, Orr requested access to the prosecutions case file. According to the ministry's website, Syndeo Ministries helps provide women in prison support including Bible studies, visitation and aftercare. But was this churchgoing young woman a vicious child killer? She had studied years earlier to be an EMT, she explained, and although she had never worked as a paramedic, she had felt confident in her training. "Wow, we don't even know where to begin," Hannah Overton told ABC News exclusively after she heard that her case had been dismissed and she would not have to endure another trial. He is survived by : his children, Valerie Overton Castano (John), Glenn Overton (Donna) and Allen Overton (Amy); his grandchildren, Morgan Castano Petty (Kyle), Jordan Castano, Zack Castano (Andie), Julia Overton Kahsar (Alex), Alyssa Overton McSteen (Dylan) and Drake Overton; his great grandchildren, Overton Petty, Cotten Petty, Davant Petty, Preston McSteen and Layton Kahsar; his brothers-in-law, Bruce Preston Cotten and Grant Cotten; his friends, Jimmy, Sarah Trado, Joyce, Jerry Dellinger, Betty Jo Mullis and Bob Butler; and also, Scott and Tana Lloyd. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. He introduced me to Bandy Field and our Labs also became friends. I figured, Well, weve got to start with one, so lets see how far we get. Isabel, and then Ally, followed. She is amazing!". Relatives, neighbors, and members of the Overtons church pitched in to look after the kids during Hannahs recovery, but the revolving door of caregivers proved to be difficult for Andrew, who began acting out on a scale they had not seen before. Skip to main content. CPS launched its initial investigation into Andrews well-being shortly after his first birthday, when his mother took him to a local hospital with a broken arm. But as devoted Christians, their desire to adopt a foster child was rooted in faith more than in practicality. During the consultation the attorney can discuss whether our firm can assist you. I made sure that he saw that we had an identical set of Spider-Man sheets so he would calm down., That evening Larry laid a sleeping bag on top of Andrews plywood bed frame, where, he told the boy, he would have to spend the night while his mattress finished drying. The Overtons have said they believed he instead had a rare medical conditioncalled hypernatremia that caused the fatal sodium levels. We have a child that was well until that afternoon, that had behavioral issues, that was having temper tantrums, that was then given something . When she was fifteen, Hannah returned to Corpus Christi with her family to visit, and Larry, who had not seen her since they were kids, was immediately smitten. He moved unsteadily, and he was so clumsy that Hannah had him wear a life jacket whenever he splashed around in their inflatable kiddie pool. Sifting through it one afternoon, Orr came across documents she had never seen before, which showed that Andrews stomach contents did not have an elevated amount of salt when he arrived at the urgent care clinic. After he completed his probation, the charges were dismissed. . Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material. The states case would be predicated in part on the findings of Ray Fernandez, the Nueces County medical examiner, who ruled Andrews death to be a homicide. There was Andrews bedjust a bare piece of plywood, with no mattressand a security camera, as the baby monitor was later called at trial, trained on it. He was kind, he was gentle, he had a great smile. Or had the tragedy claimed its second victim? I remember him as a fun loving gentle person that loved life. . If convicted, Hannah would receive an automatic life sentence. The defense presented the jury with a medical mystery. I am glad to have had the chance to know him and will pray for your family during this difficult time. His dogs and ours were "buds". After her shift ends in the late morning, there are letters to write home, in which she tries to stay present in her childrens lives by choreographing what she can from a distance. Sign . I wouldnt give up that time we had with him and that he had with us.. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. One attorney was even moved to tears explaining how sorry he was for the mistakes he had made in Overton's case. She had told the jury of the boys unusual habitsthe inappropriate eating, the obsessive picking and scratching, the head bangingbut her version of events had been tainted by the specter of abuse. Several crossed their arms; others looked away. In the eyes of law enforcement, Hannah and Larry were not grieving parents but perpetrators of an appalling crime. That Larry is able to be with the children at all, much less raise them, is a huge blessing, he told me. Hannah and Andrew In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. The Overtons daughters, four-year-old Isabel and three-year-old Ally, reported back to their parents that the new boy in their class needed a family. There's also a pen pal program and Overton is often featured inFacebook videos in which she talks about ways to help women in prison. At a subsequent family court hearing, in which Hannahs civil attorney argued that she should be given access to the infant so that she could continue nursing her, Judge Lewis returned Emma to her parents, but with conditions. The obituary was featured in Peterborough Telegraph on January 3, 2019. . Updated: June 20, 2015 . Sorry to hear of Dabney's passing. The best memory is of riding camp the following summer when Dabney and a friend opted for motorcycle helmets rather than riding hard hats. I knew Dabney years ago while living in Richmond. However, Judge Longoria could allow the jury to consider a lesser charge if he felt that the evidence did not support capital murder, and after hearing the states case, he did so, telling both the prosecution and the defense that he was willing to let the jury consider manslaughter or criminally negligent homicide. Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. Sitting in the courtroom, she tried to explain how she had failed to recognize that Andrews condition was life-threatening. Dabney was always smiling, no matter what was going on in his life. (During the third week of the trial, moments before the case was sent to the jury, Eastwood had asked Judge Longoria if she could call Cortes as a rebuttal witness, but the judge, who had grown impatient with the length of the trial, denied her request.) movie nights, waking up to their beautiful faces. The Court of Criminal Appeals is currently reviewing her writ, which contends that the information about Andrews gastric contents are grounds for a new trial. Before the family returned home, Andrew asked if he could have lunch, and Hannah told him that he needed to wait; Larry was bringing them something to eat, she explained, and he would be back in a few minutes. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. This was usually on a road trip up or down the Valley. Send your deepest condolences with fresh flowers. Other witnesses testified that they had detected signs of abuse. Hannah - Please accept our sincere condolences on your loss. She reported Andrews unusual eating habits to his adoption supervisor when she visited the Overton home on September 25. Shortly afterward, at three-thirty, Hannah called Larry and asked him to come home since Andrew was vomiting and she needed his help. She and Larry were under tremendous financial strain, she admitted, but she stressed that they had rushed for help as soon as they realized how critical Andrews condition was. He always made time and never in too much of a hurry for a chat. As long as I can make a nonfrivolous argument, Ill make it, but nothing in my job prevents me from praying for a more just outcome., There have been a few tear-filled nights because one of the kids misses Andrew, Larry said. He had a speech delay and spoke haltingly, sometimes with a stutter, but every week, when his Sunday school classmates went around in a circle to say their prayer requests, he made the same wish aloud: that he would be adopted. Nevertheless, the idea that Andrew had sustained a head injury propelled the case forward, further casting Hannah as an abuser. Im supposed to be done crying, she said apologetically at one point, brushing away tears. We loved him and will miss him. 24/7 coverage of breaking news and live events. Submit an Obituary . As Andrews condition deteriorated, CPS barred the Overtons from visiting their son. State district judge Jose Longoria, who would oversee Hannahs trial the following fall, would later rule Fernandezs finding of blunt force trauma to be inadmissible because it was not based on sufficient data or reliable methodology. But Rotta was alarmed by his overall appearance. Its not even a consideration, she said. Larry was charged with injury to a child for failing to get Andrew timely medical attention. Its not even a consideration, she said. He reached Doug Norman, who was part of the prosecution team at Hannahs trial and who is now responsible for fighting her appeal. Gemma Mitchell, a phlebotomist, recalled overhearing Hannah tell medical staff that Andrew had stopped breathing after he was punished. No one could corroborate her story, and under cross-examination, she admitted that she had never told anyone this fact until taking the stand. Another nurse, Dina Zapata, remembered Hannah smirking as she tried to resuscitate him. Search by Name. Unlike the three physicians who had testified for the prosecution, Cortes was the only doctor who had seen Andrew before his hospitalization; he had evaluated the boy during a routine checkup when Andrew was three years old and still living with Hamil. Andrew continued eating until he threw up. Larry outside his family's home, in Corpus Christi, on November 22. Some people love stray animals, remembered her mother, now remarried.