Friday, May 23, 2025
64 °
Cloudy
Log in Subscribe

‘I’m still not sure what this case is’

Defendant in baby death case bound over

Posted

Nearly five years ago, on May 6, 2020, police and paramedics responded to a residence in the City of Rhinelander after it was reported that an infant was not breathing. The child, who was a little more than four months old, did not survive.
On Thursday morning, the baby’s mother, 38-year-old Geana Terry, was bound over for further proceedings in connection with the death. The Oneida County district attorney’s office has accused her of committing first-degree reckless homicide, however criminal charging decisions are not final until prosecutors file a document called the information.
Following a preliminary hearing featuring the testimony of Rhinelander police captain Josh Chiamulera, Judge Leon Stenz of Forest County found probable cause that Terry committed a felony, though he expressed some confusion as to the state’s theory of the crime.
“I’m still not sure what this case is,” Stenz said, noting that Chiamulera and assistant district attorney Scott Niemi made contradictory statements as to the circumstances surrounding the infant’s death.
In his argument for bind over, Niemi referenced only Terry’s statements admitting that she and the child’s father were co-sleeping with the baby on the night in question despite being warned not to continue that practice. (Health officials have long warned against co-sleeping, particularly with children under the age of 6 months)

However, just minutes earlier, Chiamulera testified he believes the child’s death was the result of an intentional act. In direct examination, he cited the statements of an individual who came forward in 2024 to report witnessing Terry smother the infant in the middle of the night. According to the complaint, the juvenile witness disclosed this information to a trusted adult during the summer of 2024 and that adult went to the police. The witness also reported that the baby’s father held the infant down while the strangulation occurred, Chiamulera testified.
During cross-examination, Chiamulera admitted there was insufficient probable cause to arrest Terry back in 2020 and the state has no physical or other evidence to corroborate the witness’s story., though the witness was in the residence on the night in question. The medical examiner who performed the autopsy in 2020 found no evidence of physical abuse and has thus far declined to change the infant’s manner of death to homicide, defense attorney Tripp Stroud (who was appointed to represent Terry) argued to the court.
Stroud also argued that co-sleeping does not meet the objective standard for “utter disregard for the value of human life” as is required to prove reckless homicide. In fact, he argued that parents who co-sleep do so out of love rather than a lack of regard for human life. Stroud also argued the statements of the witness who came forward in 2024, despite being interviewed earlier in the investigation, are “not plausible” based on the totality of the evidence.
During his bind over ruling, Stenz wondered aloud how many people in Rhinelander might co-sleep with their children, despite the warnings against the practice, and expressed surprise upon learning that the state has not charged the infant’s father in connection with the death.
(According to court records, the infant’s father is currently serving a prison sentence in connection with a conviction related to separate acts).
Following the bind over, Stroud asked that the $10,000 cash bond set earlier in the proceedings be converted to a signature bond. He noted that Terry, who is indigent, has no criminal history and has cooperated with the death investigation from the beginning. Stenz declined to make any immediate change to the bond structure but noted he would be inclined to consider doing so if the defense can provide information as to where Terry would live and how she would support herself if released from custody.
Arraignment, at which time Terry will enter a plea, is to be scheduled at a later date. Niemi noted that district attorney Jillian Pfeifer, who is currently on leave, will make the final charging decision in this matter.
The reckless homicide charge carries a maximum sentence of 60 years in prison.

Comments

No comments on this item Please log in to comment by clicking here