3 years later, family of abused baby waiting for justice
SEATTLE -- The family of a 3-year old who was shaken into a coma is still waiting for justice.
The baby's father was charged in the crime, but it has been almost three years and the family is still waiting for the trial.
Shane Engberg has been behind bars since April 2010, and now he's asking to go home.
Little Melody Engberg turned 3-years old on Tuesday, though she likely had no idea it was her birthday because of the severe brain damage she received after being violently shaken as an infant.
Court documents describe the day Melody was rushed to the hospital. Her mother was at work, and she was at home with her father. Shane Engberg told detectives the little girl "gasped for air," "was limp in her arms" and appeared "white like death," according to court papers.
He told authorities he started CPR, but doctors soon learned the infant's brain was bleeding. Police say Engberg later admitted he "shook her," and prosecutors charged him with assault.
Engberg has been in jail awaiting trail, but his family members insist he's not a violent person and are asking that he be allowed to come home using electronic monitoring.
"I don't know how much a person can stand, especially our family. I've got health problems and my wife just finished up her chemo and we need somebody around the house," said Engberg's dad, Dennis Engberg.
Melody's family fears Engberg would be a threat to society, even with an electronic monitor.
"If he gets out, he has nothing to lose. If he gets out, who knows? Who knows?" said Melody's aunt, Kimberly Walker.
The judge ruled that Engberg is a flight risk because he's facing 25 years in prison if he's convicted. She also denied the request to reduce his $1 million bail.
Melody's family says they've been more than patient waiting for justice.
"It's been very challenging for us, and especially for her," said Melody's grandma, Ruth Walker. "She's missed out on so much."
Melody's mother was too upset to attend court on Wednesday. She stayed home with her 5-year-old son. A trial date has been set for early next year.
The baby's father was charged in the crime, but it has been almost three years and the family is still waiting for the trial.
Shane Engberg has been behind bars since April 2010, and now he's asking to go home.
Little Melody Engberg turned 3-years old on Tuesday, though she likely had no idea it was her birthday because of the severe brain damage she received after being violently shaken as an infant.
Court documents describe the day Melody was rushed to the hospital. Her mother was at work, and she was at home with her father. Shane Engberg told detectives the little girl "gasped for air," "was limp in her arms" and appeared "white like death," according to court papers.
He told authorities he started CPR, but doctors soon learned the infant's brain was bleeding. Police say Engberg later admitted he "shook her," and prosecutors charged him with assault.
Engberg has been in jail awaiting trail, but his family members insist he's not a violent person and are asking that he be allowed to come home using electronic monitoring.
"I don't know how much a person can stand, especially our family. I've got health problems and my wife just finished up her chemo and we need somebody around the house," said Engberg's dad, Dennis Engberg.
Melody's family fears Engberg would be a threat to society, even with an electronic monitor.
"If he gets out, he has nothing to lose. If he gets out, who knows? Who knows?" said Melody's aunt, Kimberly Walker.
The judge ruled that Engberg is a flight risk because he's facing 25 years in prison if he's convicted. She also denied the request to reduce his $1 million bail.
Melody's family says they've been more than patient waiting for justice.
"It's been very challenging for us, and especially for her," said Melody's grandma, Ruth Walker. "She's missed out on so much."
Melody's mother was too upset to attend court on Wednesday. She stayed home with her 5-year-old son. A trial date has been set for early next year.
Some hospitals have programs that teach new parents about the dangers of shaken baby syndrome. All hospitals should. People don't realize how fragile babies' brains are, and how irritating they can be.  Parents should be instructed to have a plan in case they lose their temper: go outside for a few minutes, call 911, etc. Too many parents are just left to figure it out themselves, with tragic results.
If you want him out of jail, post the bail. Simple.
A quote from Martin Luther King states
"Justice too long delayed is justice denied".
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There are earlier references to delayed justice is justice denied
that date clear back to the Magna Carta of 6/15/1215.
The concept of a person receiving a speedy trial has obviously been forgotten in this case.
Why?Â
The article does not seem to cite any reason for the delay of the trial.
Soooo his parents need somebody around the house? That's good enough to free a guy who destroyed his daughter for life? His parents are as sick as he is!
He's asking to go home. I'm sure he is.Â
His parents need him? His daughter needed him, too.Â
I'm sorry his parents are having health problems, but their son is not a resource for care any longer. 3 years ago, he chose to harm Melody to the point that she will never recover from.Â
How can they want him back in their house?
I love my children. They are all to me. However, my grandchild and future grandchildren are more. I have no pity whatsoever for anyone that harms the most innocent and most dependent of our society.
He needs to stay in and take his punishment like the man he should have been.
I say he gets out of his prison, when Melody gets out of hers. Sounds fair to me.
Too bad Dennis, maybe you should hire a nurse. Your dearly beloved son will rot in jail, yes, unfortunately with all of his "needs" met too.  Thanks for teaching your son such great parenting skills. May the good Lord bless you, Melody. Oh, hey mom, you sure know how to pick 'em...prayers to you too.
2 and a half years waiting for a trial is ridiculous! Even a tough case like Loughner or Zamora, where the trials had to be delayed for mental health issues haven't taken that long including sentencing.
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I'm not in favor of cutting Engberg any slack, but even figuring that he is completely guilty and may get a very long sentence doesn't negate the need to actually HAVE a trial before he starts serving his time.
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(AND I think Dennis Engberg needs a serious reality check!)
 @Commenter87643 I believe the defense is the only one that can defer the trial for this long, so it's probably his own fault that he's been sitting in jail without a trial. Someone can correct me if I'm wrong, but since we have the right to a speedy trial, it can't be the state that's prolonging this.
 @justmyopinion  @Commenter87643 Sometimes it is the state.  Sometimes the courts are so overwhelmed, it takes forever.  In New Mexico, my family was scheduled to go to trial a full 3 years after their crime - and then the judge got busted raping a prostitute.  So back to square one and it'll probably be 5 years before that case ever goes to trial.  I read that in Arizona, the jails are completely overcrowded with people awaiting trial for YEARS.  It was something like 60%.  Odds are, at least 1 person is innocent, yet sitting in jail for years. Â
I have aleways thought that should be some sort of "special circumstances" that can be attached to increase the punishment for someone who harms a child, ESPECIALLY an infant. So what if he is facing 25 years - that is not nearly enough since he has basically destroyed Melody's life & the life of her family. They will have the added worry as time goes by of who will be there to care for her after they are all gone. Meanwhile, while they are struggling & coping with the "results" of what this craphead did to Melody, he will be sitting in prison getting all his needs tended to - food, clothing, shelter, and everything else that they have access to.
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Seems like there should be a much better balance to the scales of justice.
"I don't know how much a person can stand, especially our family...," said Engberg's dad, Dennis Engberg.
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Why don't you ask your granddaughter, Dennis? Or better yet, ask your sorry POS of a son how much more he expects you to be able to stand of his disgusting, sorry excuse for a life?
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You do realize that your granddaughter, not you and your wife, is the only victim in this horrifying scenario, and it is your son that directly and intentionally caused the horror?
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I guess anyone who can look at that photo above and feel sorry for only themselves and their own inconvenience was destined to raise a grown man who could brutally assault his helpless infant daughter to the point of severe and permanent brain damage and not show a shred of remorse.Â
 @MargeGunderson I was going to give my opinion, but there is no way I could ever say it better than you did Marge.
@MargeGunderson ...Spot on Marge.
I hope he burns in hell. What harm can an infant bring? They rely on us to take care of them as they cannot take care of themselves. They trust us and are so helpless. I hope someone shakes this jerk so hard taht HE gets brain damage
Umm, what happened to the right to a speedy trial???
 @Tim Lane My brother/nephew have been awaiting trial for nearly 4 years in another state.  I wonder the same thing, there was a victim who died in their case and he deserves justice and his family deserves closure.  One thing that has occurred to me many times is that witness credibility degrades with time.  It would be very easy for a good attorney (for either side) to trip up a witness whose memory fades after that long.
 @Tim Lane The defendant routinely waives the right to a speedy trial in order for his/her attorney to properly prepare for the defense during trial.
Why is this taking so long for trial? This guy better not get time served. We owe this little girl justice and to let her know that we care. We are failing her by not letting this come to an end with a guilty, go straight to prison, you do not get to pass go. I am sure everyone wants to come home and anyone will find reasons to come home. Once he is out he will be long gone and so will the girls justice.