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NORWALK, Conn. A man charged in the death of his infant daughter sat handcuffed in Norwalk Superior Court Monday afternoon glaring at photographers and making obscene gestures at them as prosecutors and his lawyers discussed his case.
Justin Smith, 28, of 8 Highland Court was arrested on manslaughter charges Friday and held on $750,000 bond in the death of 3-month-old Hailey Pamela Smith, who was brought to Stamford Hospital on July 27 with a severe head injury, according to Lt. Ashley Gonzalez. He was arraigned at about noon Monday in front of Judge Bruce Hudock.
Lawyers from the Bridgeport firm of Gulash and Riccio argued that the bond amount was too high given that Smith is a lifelong resident of Connecticut and has a full-time job. They said that while he has a substance abuse problem the only previous conviction was a motor vehicle charge. "At worst, this is an accident," said attorney Gene Riccio, "not an intentional situation."
Hudock kept the bail at $750,000, without prejudice. Smith's next court appearance will be Nov. 29 in Stamford.
Smith gave the finger to photographers as the proceeding began. Three courtroom guards stood to his left, one was behind him and three were to his right. Members of his family sat and watched. The room became very quiet as Hudock read the affidavit to determine if the bail should be lowered. Smith stopped staring at those who had cameras on him and looked around the room, moving his jaw.
On his way out of the courtroom, Smith used both handcuffed hands to gesture at photographers.
"Did you see that?" a woman sitting in the gallery asked. She shook her head.
Police said Hailey died on July 30 after being transferred to Yale-New Haven Hospital. She had also suffered a head injury on July 2. On both occasions the infant was under the care of Smith. Autopsy results showed that Hailey had a skull fracture as a result of blunt head trauma.
A 26-year-old woman who attended the arraignment said she baby-sat Hailey once or twice a week. The first time the baby was hurt, she was told that the dog had stepped on the baby. That was plausible, she said, but the second time she said Smith stated that he put her down on the floor too hard. She didn't believe that and called the Department of Children and Families. They were already involved.
The woman said Smith and Hailey's mother are a couple but are not legally married. They have no other children.
"I think it's important in situations like this to reserve judgment until all the facts are in," Riccio said. "Certainly people are upset when you hear and read about this type of situation, but from a legal standpoint it's important to hold off until all the evidence is available."
Riccio would not discuss his court-room comment about the baby's death possibly being an accident. "It's the type of situation where you have to wait and see what the facts are."
He was not disappointed by Hudock's ruling. "We'll address the issue of the bond next week in Stamford," he said.
Smith faces charges of assault first degree and risk of injury to a minor in the July 2 injuries to Hailey. He faces charges of manslaughter first degree and risk of injury to a minor in her July 27 injury.
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