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Judge won't suppress evidence against man in baby’s death

Brian LaPrairie

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By Christopher Magan, Staff Writer Updated 8:59 AM Tuesday, October 6, 2009

XENIA — Greene County Common Pleas Court Judge Stephen A. Wolaver struck down a motion to suppress evidence against the Fairborn man accused of beating to death his girlfriend’s 2-year-old daughter.

Wolaver ruled police did not violate Brian LaPrairie’s constitutional rights when they entered his Pat Lane home on two occasions and interviewed him regarding 2-year-old Juliana Berry, the daughter of Malak Deek.

Police and medics were called to the home Dec. 27 by LaPrarie because Berry was unresponsive. Wolaver ruled detectives were continuing to investigate the emergency when they returned to the home and interviewed LaPrairie who also consented to a search of the home.

Their inquiry became a homicide investigation when Berry died two days later at Children’s Medical Center Dayton from what the Montgomery County Coroner described as “battered baby syndrome,” characterized by repeated abuse. LaPrairie is charged with her murder and other crimes including felonious assault. He is set to stand trial in December.

Jurors deadlocked on charges of child endangering and involuntary manslaughter against Berry’s mother, Malak Deek. She was found not guilty of complicity to trafficking marijuana and Judge Wolaver declared a mistrial on the other two counts.

Greene County Prosecutor Stephen K. Haller said Sept. 25 he would retry the case against Deek because “justice for Juliana demands a retrial,” he said. Deek’s second trial likely won’t occur until 2010 after LaPrairie’s case is resolved.

Contact this reporter at (937) 225-2342 or cmagan@DaytonDailyNews.com.

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