Defense
Presents Evidence in Gauvin Sentencing
October 24, 2006
Watch this story
A Lafayette woman is eligible to
be sentenced to life in prison without parole for killing her step
daughter. The ruling was made by Tippecanoe Superior Two Judge Tom
Busch as the prosecution wrapped up its evidence in the Michelle
Gauvin sentencing hearing. Gauvin pled guilty to the March 2005
murder of four-year old Aiyana Gauvin.
The decision by Judge Busch does
not mean Michelle Gauvin will receive life in prison without
parole. The decision only means Gauvin is eligible for the
penalty. The judge had to find aggravating factors: the victim was
under the age of 12 and that the child had been tortured.
Judge Busch said the photos and
testimony showed that Gauvin did inflict pain on the child as a form
of discipline. Gauvin said her intent was to get Aiyana to stop
wetting the bed, eat her food and make her behave. Judge Busch said
photos of the child in various stages of bondage indicated another
form of torture.
Gauvin's defense team is trying to
convince the judge that Michelle Gauvin deserves a lesser sentence.
Attorneys called several witnesses who testified that Gauvin was
teased and tormented in school for being bi-racial.
Gauvin's mother, Sharon Cox,
testified she was raped by a black man and when Michelle was born
her husband threatened to kill her and the Michelle if the baby was
not put up for adoption. Aiyanna was adopted when she was 18 months
old. Under cross examination, Cox told the judge she did not report
the rape until after the baby was born.
Defense attorneys turned the
attention away from Michelle and on to her husband Christian
Gauvin. Aiyanna's birth-mother Cassandra Robinson characterized
Christian Gauvin as an unstable, inattentive father, and violent
person. Robinson said Christian was quiet and introverted most of
the time, but on occasion hit her, and once raped her. Under cross
examination, Robinson said Christian Gauvin was never physically
abusive to the children.
The judge also heard testimony from
Michelle Gauvin's adoptive father, George Urbanas. Urbanas said the
day Aiyana died, Michelle was hysterical when she called him.
Urbanas went to pick up up
Christian at work and told him Aiyana was dead. Urbanas said
Christian did not seemed surprised. He testified that Christian
said "Yes, well, she had been difficult the last couple of weeks."
Michelle Gauvin lowered her head and cried during her father's
testimony.
Urbanas said, "[Michelle] is not
the moster that the media has made her out to be." Urbanas said
Michelle had a normal childhood and that although she was, what he
described as being, "mouthy", she was never physcially abusive. He
said he noticed a change in her behavior when Christian moved in
with her. "She was wonderful with children," said Urbanas.
Gauvin showed no emotion when
autopsy photos were shown. Antoinette Laskey a forensic
pediatrician from the IU School of Medicine testified as the final
witness for the prosecution. She said there were several signs that
Aiyana was malnourished and dehydrated at the time of her death.
"The child's feet were swollen and
she had excess skin hanging under her arms," said Laskey. Laskey
said Aiyana was severely bruised and died from blunt force trauma to
the head. She testified there was no way the injuries could be
self-inflicted.
When asked if she identified bite
marks on the child's body, Laskey said she was unable to. "There
was no uninjured skin to her body. It would've been hard to
distinguish bite marks," said Laskey.
Christian Gauvin was called as a
witness, but his attorney Patrick Manahan told the judge Christian
Gauvin would not testify without immunity. Christian Gauvin has
been charged with neglect and is scheduled for trial on Monday,
October 30th.
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