Another "She's suffered enough" bullshit story

http://www.spokesman.com/stories/2011/may/27/mother-cleared-in-crash-fatal-to-baby/

Mother cleared in crash fatal to baby

A vehicular homicide charge was dismissed Thursday against a Post Falls mother whose daughter was fatally injured five years ago while riding in an improperly installed car seat.

Spokane County Superior Court Judge Tari Eitzen agreed with defense arguments that 26-year-old Eileen C. Jensen’s failure to correctly use the car seat was tragic but not criminally negligent, ending a legal case that brought widespread public attention to car seat safety issues.

“I think this young lady needs to get on with her life,” said Jensen’s public defender, Anna Nordtvedt, who handled the case with public defender Jill Gannon-Nagle. “She’s really been through a lot.”

The lawyers argued that prosecutors lacked evidence to support their claim that Jensen was criminally negligent when she rear-ended a car in north Spokane while her 3-month-old daughter, Chloe, was in a loosely fitted, forward-facing car seat in her Honda Accord’s front passenger seat.

The charge can be filed again if prosecutors find new evidence, which lawyers said is unlikely in a 5-year-old case.

Jensen was southbound on North Freya Street in Spokane on March 22, 2006, when she rear-ended a minivan that was stopped at Front Avenue, causing her Honda’s airbags to deploy. Chloe Jensen suffered head trauma from the passenger airbag and died 11 months later. Witnesses reported Jensen driving in an “aggressive” and “reckless” manner at about 5 mph over the 35 mph speed limit and quickly changing lanes, according to a police report.

Jensen was issued two infractions at the scene of the crash for second-degree negligent driving and failure to use required child restraints. But police reopened their investigation when Chloe died.

Jensen told police she normally drove with Chloe in the right front seat and that the airbag “just wasn’t something I was thinking of.” She told police she was tired, which may have contributed to her “blacking out” and causing the crash.

Nordtvedt said the facts surrounding what happened remained unchanged when police reopened the investigation.

“There really wasn’t more than ordinary negligence,” Nordtvedt said. “The child passed away, but the events themselves hadn’t changed.”

Washington law calls for all children under 13 to sit in a vehicle’s rear seat when practical, and the Spokane Police Department regularly hosts car seat safety checks to educate parents about proper installation.

The owner’s manual for Jensen’s Honda warned that children who weren’t properly restrained could be seriously injured or killed and specified that airbags can be particularly deadly.

In court documents objecting to the dismissal request, Spokane County Deputy Prosecutor Mary Ann Brady said Jensen’s disregard for the car seat’s safety instructions “demonstrates a disregard for Chloe Jensen’s safety.”

“The defendant’s actions were not only the proximate cause of the injuries, they were the only cause of the injuries that led to Chloe Jensen’s death,” Brady wrote.

Brady called the case “difficult” Thursday but said she still believes a crime was committed.

Jensen was charged with felony vehicular homicide in February 2009. Supporters packed the courthouse for her arraignment and wore shirts that said “Eileen and her family have suffered enough” on the front and “Drop the charges” on the back.

Jensen was represented pro bono by John Clark, but her case was transferred to the Spokane County Public Defender’s Office when Clark died of cancer in October.

Jensen could not be reached for comment Thursday. Nordtvedt said Jensen is a stay-at-home mother who’s trying to move on.

“It’s been pretty hard on her,” Nordtvedt said. “She lost her baby.”

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I can't believe she got away with murder. She knowingly put the kid in the front seat AND improperly secured her. She was driving recklessly and claimed she was "tired" and "blacked out." It's complete bullshit that she "didn't think" about the airbag. Even I as a CF person know you are supposed to put the brats in the BACK seat.

:BS :BS :BS :BS :BS :BS

Obviously, she has suffered enough. Those idiots' t-shirts said so!

Moo sounds like a textbook welfare whore....a "stay at home mother," no mention of a baybeedaddy, and she was defended FOR FREE by the Public Defender's Office. You can also be sure that we also paid every cent of the kid's massive medical bills for those 11 months between the "accident" and when she died.

What if it been a babysitter or a friend or family member driving? They'd probably have been in prison for a couple years by now.

I HATE these bullshit stories.

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Shauna's like a gluten-free Jim Jones for dumb, lifeless middle-aged women. I swear, this bitch could set fire to a orphanage and they would applaud her for bringing them light. ~ Miss Hannigan

Don't you dare question the motives of Saint Moo of the Blessed Acceleration. She is beyond reproach!

Seriously, this story makes me really angry.

Oh what fucking bullshit. MY car has a bigass ugly sticker right on the front dashboard that says not to let kids ride in the front seat because of the airbag. Now, how fucking stupid do you have to be? Ohhh she's been through sooo much. Yeah? Well her kid is dead. And it's her fault. She was criminally negligent in taking care of her own kid. To me, this should be a bigger penalty than normal. She was responsible for that kid. She failed deliberately to put her kid in a safe place. She should be sent to Walla Walla and have to share a cell with Gary Ridgway, the Green River Killer. He hasn't had any 'fun' now for several years.

Not to mention Washington's laws about front seat babies....and a Honda Accord has a very accessible back seat so practicality is not a concern.

There are so many laws broken in this story, I don't know where to start....now let's switch hats and say a drunk driver rear ended her car and killed Chloe....will they say that this driver suffered enough?

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From a bottle cap message on a Magic Hat #9 beer: Condoms Prevent Minivans
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I want to pick up a bus full of unruly kids and feed them gummi bears and crack, then turn them loose in Hobby Lobby to ransack the place. They will all be wearing T shirts that say "You Could Have Prevented This."

Don't most fire stations, hospitals, etc. install carseats properly for FREE?!

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What is a home without children? Quiet. ~Henny Youngman

I don't want people who want to dance, I want people who have to dance. ~George Balanchine

"I took the batteries out of my biological clock and put them in my vibrator"

OK so because this cunt is a BLESSED MOO, she's exempt from the state laws of culpability??

http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.08.010

She broke the law, killed her kyd, got free representation, and is now walking free having paid no fines except for a couple of traffic infractions, she did NO jail time, do I have this right?

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Spokane County Superior Court Judge Tari Eitzen agreed with defense arguments that 26-year-old Eileen C. Jensen’s failure to correctly use the car seat was tragic but not criminally negligent

How the fucking fuck do you figure, Tari Eitzen?? Do you read the laws or do you just sympathize with pathetic moos all day?

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The lawyers argued that prosecutors lacked evidence to support their claim that Jensen was criminally negligent

Ok so Nordtvedt and Gannon-Nagle apparently don't think that a child's dead body and the fact that the moo drives like Mario Andretti with her loaf in the front seat isn't evidence.

OOOKAY!!! Our justice system is broken, and the fact that Speed Racer here is walking free is proof positive of that. If a dead kid, multiple witnesses, police involvement, and the traffic infractions don't constitute EVIDENCE, what the fuck does? A tattoo on Moo's forehead that says "CRIMINAL?"

http://spokanevalleyinsider.com/?p=797



Here's a good article-editorial on it from 09 that basically asks the public, "What do you think should happen to Eileen Jensen? The commentary is better than the article. A few select excerpts from story and comments:



Eileen Jensen Enters Not Guilty Plea: Who Is Responsible ?
by VALLEYWATCH on FEBRUARY 19, 2009 · COMMENTS (23)


"......Washington State requires all children younger than 13 to ride in the rear seat when practical. Jensen claims it was not practical to place Chole in the back seat of her 2001 Honda Accord because Chloe suffered from a respiratory virus and required constant monitoring in case she stopped breathing.

Jensen’s justification sounds plausible why she would make the decision to violate the law, but Jensen’s reasons sound more like the excuses of a crafty articulate defense lawyer drawing on the compassion of the public than it does the sincerity of a grieving mother............

Chole’s child restraint was set loosely in the front seat and on top of a stack of notebooks. Jensen’s other two daughters were also in the car and according to police, were in the back seat improperly restrained. There is also the account Jensen was sleep deprived. There have even been reports Jensen didn’t know infants were required to be in the back seat.

The family showed their support Wednesday while Eileen Jensen sat in a Spokane County Superior court room and entered her plea. Her family all wore pink shirts which said “Our family has suffered enough; Drop the charges.” Jensen’s case has received national attention. Inside Edition reported the story during Thursday’s airing portraying Eileen Jensen as a victim too.

........since when has there ever been a law that says it’s OK to be negligent or reckless just as long as the death you’ve caused was a relative? Since when does our legal system decide whether to hold a person accountable for their actions based by how much the accused may have already suffered regardless if they intended to commit a crime or not?

What do you think should happen to Eileen Jensen ?"


Reader commentary:
1) People shouldn't judge until they know the whole story. Eileen is a great mother in an unfortunate situation. She doesn't deserve to be in jail. Who will take care of the other kids. They we shopping around for a new car because they knew they couldn't do this. Don't judge until you know............. :Violin I do believe that the whole story IS out there.

2)You do not know what you are talking about. I am a relative of Eileen AND UNTIL YOU EXPERIENCE THIS FIRST HAND AND THIS IS HAPPENING TO YOU. DONT SAY CRAP UNTIL YOU HAVE FACTS. YOU HAVE NO IDEA WHAT HER AND HER FAMILY ARE GOING THROUGH. IF THIS WAS YOU, YOU WOULD BE SAYING THE ABSOLUTE OPPOSITE!! YOU ARE A HEARTLESS B**CH. Why do famblee members-friends always go and post shit like this on public forums? They always come across hysterical and overly emotional.

3) I'm not sure what should happen to Eileen Jensen but I would take note of what happened to me recently when my first grandchild was murdered, by my own Daughter Alicia Zebrun in a stunning case of neonaticide, Google it.She was allowed to plead guilty to manslaughter on 12/24/2008. She faces a sentence of 1-3 years on April 20th, 2008. It would seem to me that if my granddaughter can be murdered intentionally by my own daughter and face 1-3, poor Eileen should not even be in court... What kind of fucked up logic is that?

5) Sad as it is, moms in situations where their children die tragically will suffer, and pay for it daily no matter what society does to them. My heart goes out to Eileen, and her family, I have met their pain, and I know it well. It's hard to be harsh if you haven't been there, empathy should surely be considered by anyone who hasn't been through such calamities. Yeah, if you aren't a moo and haven't "lost" a kid then you can't have an opinion about anything moo-kid murder related.

6)"The concensus is that the charges be dropped against Eileen Jensen because she has to live with this for the rest of her life. What if the baby were her niece instead of her daughter ? Would there still be this public outcry to drop the charges? What if Eileen was merely the next door neighbor ? An aunt or a neighbor would have to live with this tragedy for the rest of their lives too. The law doesn't work that way. Justice is designed to work equally. SO true and almost ALWAYS overlooked, like in the Locked In Hot Car Syndrome™ cases involving moo or duh VS the recent locked in bus cases. The parents had "suffered enough™ while the bus drivers should lose their jobs and be prosecuted and sentenced to the absolute maximum..mob for the bus drivers and for the moos-duhs.

7) I am embarassed for the people on here who are so eager to rush for judgement. AND sadly some of you will call yourselves christians. :hsYou hide behind the words JUSTICE, and phrases "I JUST WANT TO SEE JUSTICE SERVED". There are times when people need to be removed from the general public because they are a danger or menace, or perhaps they committed acts based on selfish motives at the expense of others. This is not the case here. whatever.

8) . . I pitty you and I am grateful that you are not among my circle of friends. I hope this young lady gets a fair trial, I hope this lady gets a second chance and I hope that she is able to heal along with her family and loved ones. I do not know what her sentence should be . . . BUT IT IS DEFINATELY NOT JAIL TIME! Our jails our overcrowded and they are meant for actions of malice. She may be guilty, but not of the crimes with which the over eager prosecuter wants to charge her with. Many times prosecuters will stack the charges, almost to the point where it could be viewed as double jepardy in that people are charged more that twice for one crime but under different statutes,....."stacked" charges? "Double Jeopardy"? Sounds like she cherry picked a few terms from Law and Order and then, without understanding what they mean, she just sprinkles them about AS IF she actually knows anything.

9) She didn't give half a care about the safety of any of her children, and her luck ran out when two of them were fine, but the youngest was not. Accords have three seat belts in back. All three could have been properly restrained in the back. Car seats aren't magic bubbles - you must use them correctly. If you can't read an instruction manual, you have no business having kids. wink

10) To the relative of Eileen, the 'mother' of the poor little girl gone too soon, if some stranger had hit them and killed the baby, would you feel the same way? Would it still not call for punishment? If a drunk driver killed the baby, wouldn't you want them prosecuted? SAME thing - why does being the mother give her license to kill her child because she's an ignorant dolt? THE best comment of them all.

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If YOU are the "exception" to what I am saying, then why does my commentary bother you so much?
I don't hate your kids, I HATE YOU!

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Miss_Hannigan_NLI
Don't you dare question the motives of Saint Moo of the Blessed Acceleration. She is beyond reproach!

Seriously, this story makes me really angry.

Me too and everyone else has already made the points I wanted to make. But I'm laughing at the great nickname, St. Moo of the Blessed Acceleration.

Her other brats were improperly restrained too. She may as well have bought a pickup truck and just tossed all the kids in the truck bed while she drove around town breaking the speed limit for all the safety concern she afforded them.

This POS will have "suffered enough" when it's rotting in prison for negligent homicide.

If your behavior kills a kid, it's no biggie as long as the kid was yours. Mothers can basically commit murder and get away with it as long as they succeed in acting grieved enough.

Reminds me of the famous court case that led Chrysler to recall years of production of its minivans to replace a "defective" hatchback latch after a child was ejected in a rollover after latch failure. Chrysler also got to pay the moo a big settlement. The question in my mind then was, if the child was properly restrained, how was it ejected in the first place?

Answer: at the trial the judge would not allow evidence that (1) the moo's children, including the one who died, were all unsecured in violation of state law and (2) moo ran a stop sign at speed, causing the accident that rolled the van when another vehicle with the right-of-way T-boned hers. Chrysler could not win.

Result: moo gets compensated for her extreme carelessness doing TMIJITW. The system sucks. Now here's another one who got away with the same.

I am for harsher sentencing for pahrunts who damage or kill their children, either through negligence or deliberate malice. In some cases, there should be SOME KIND of sentencing to begin with!

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navi8orgirl
There are so many laws broken in this story, I don't know where to start....now let's switch hats and say a drunk driver rear ended her car and killed Chloe....will they say that this driver suffered enough?

Exactly. There have been cases where someone's killed a best friend and is obviously remorseful and grieving. Yet, that's not a mitigating factor for them.

I'm not saying we should go easier on drunk drivers, but why are MADD and others so gung ho on zero tolerance, when there are so many other threats to people's auto safety? Someone having ONE glass of wine or beer with dinner isn't dangerous unless they have a really low alcohol tolerance or are mixing it with medication. In contrast, someone who's texting or sleepy or who doesn't make their passengers buckle up before driving or otherwise distracted is a pretty clear danger to others.

I think a lot of it has to do with perceptions morality. Drinking is bad eyes2 Parenthood is good! It's assumed that the parent grieves the child more intensely than any one else would grieve someone's death. But that's not always the case. I bet at least a few of them are secretly relieved, if not outright happy about it.

Also, what about the suffering of the child? She was only 3 months at the time of the accident, she spent another 11 months in the hospital (longer than she'd been alive) being treated for her injuries. That must of been incredibly painful and difficult for the baby. All thanks to the fact moo couldn't be arsed to follow child safety car instructions even those of us who don't have kids know, plus the speeding, etc.

Not to mention the suffering of the other driver, the emergency response folks, any other witnesses and the hospital staff.