New Trial Is Ordered in Death of Infant Girl

SANTA ANA — A jury convicted Darrell Wayne Lewis in March of killing a 3-week-old girl, but a judge on Friday threw out the verdict and ordered a new trial because a juror had failed to disclose that she had had a baby die under similar circumstances.

The juror, whose baby suffered a fractured skull and died after being dropped on a concrete floor by a nurse, discussed her experience during the jury deliberations that resulted in Lewis’ conviction on charges of second-degree murder and child assault.

In setting aside the guilty verdict, Superior Court Judge Richard L. Weatherspoon said there was a “substantial likelihood” that the other jurors had been biased by discussion of the juror’s misfortune.

It was also revealed that another juror had conducted an experiment during deliberations, dropping a water bottle on a table from varying heights and asking the group: “Now, would that kill a baby?”

“The experiment is borderline,” Weatherspoon said, “but the information about the juror’s baby being killed in a fall and the skull being fractured is prejudicial.”

Lewis, who could have been sentenced to 15 years to life in prison, showed little reaction to the judge’s decision. But Michelle Paramore, the mother of victim Taylor Bippus, sobbed and exclaimed, “That man killed my baby!”

Prosecutor Carolyn Kirkwood assured the distraught mother that the case would be tried again.

“Twelve jurors made the decision that this was murder, and we feel confident that the next jury will come to the same conclusion,” Kirkwood said outside court.

Lewis’ attorney, John Barnett, said the judge made the right decision under the circumstances. He said prospective jurors were told the nature of the case during jury selection, and added that one woman had been excused because such a death had occurred in her family.

“They were asked sufficient questions,” Barnett said. “They were told it involved a 24-day-old baby, and the juror didn’t come forward.”

Barnett described his 6-foot-3, 300-pound client as “a gentle giant” who loves children and has never harmed anyone.

Taylor Bippus was about 3 weeks old when she was brought to an emergency room in 1995 with a fractured skull, broken ribs and other injuries.

During Lewis’ trial, the prosecution contended that he had beaten the child while his wife was out shopping. Lewis and his wife, who was a childhood friend of the baby’s mother, had temporary custody of the infant while her parents were serving time in jail on drug charges.

Kirkwood argued that “something violent and nonaccidental” had happened to the child, and said that even though Lewis knew the child was seriously injured, he did not mention it to his wife when she became alarmed at the baby’s labored breathing and dropping temperature.

Lewis, a former Marine, testified that he accidentally dropped the baby onto a table, then accidentally crushed it while trying to drag his 60-pound English bulldog out of the house after the dog knocked the infant off of a sofa.

Paramore said Friday’s turn of events made it difficult for her to move on with her life.

“After the trial was over, I felt a lot better and I was able to find a little bit of closure,” she said outside court. “Now, it’s opened up all over again.”

The 31-year-old said she plans to attend every day of the second trial and maintains her faith in the legal system.

“I’m going to follow this all the way through,” she said. “Instead of 12 people convicting him, it will be 24.”

Judge Weatherspoon set Lewis’ bail at $500,000. A new trial won’t take place until early next year.