Mother’s defense says boyfriend abused her daughter in secret

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By Christopher Magan, Staff Writer Updated 7:10 AM Wednesday, February 10, 2010

XENIA — Brian LaPrairie’s December 2009 guilty pleas in connection with the death of 2-year-old Juliana Berry prompted a different defense strategy for the girl’s mother, Malak Deek, in her second trial, which began Tuesday, Feb. 9.

“There is only one person to blame for this and it is Brian LaPrairie, who beat Juliana,” said defense attorney James Armstong in his opening statement.

Deek faces involuntary manslaughter and child endangering charges because prosecutors said she did nothing to stop the repeated abuse of her daughter, Juliana, by her boyfriend, LaPrairie.

During Deek’s first trial, LaPrairie hadn’t pleaded guilty nor been convicted of abusing Juliana, and Deek’s attorney presented a more uncertain explanation of how the little girl was injured.

In his opening remarks, Armstrong said that LaPrairie hurt Juliana in secret and the abuse culminated in the Dec. 27 beating death. “This kind of abuse is not done in the open,” Armstrong said. “The abuser jealously guards his secret.”

Nicole Burke, Greene County assistant prosecutor, told jurors that Deek is just as responsible for Juliana’s death as LaPrairie.

“She violated her duty of care to Juliana,” Burke said. “It was this defendant’s heedless indifference, her recklessness,” that resulted in her daughter’s death.

LaPrairie called medics to the Fairborn home he shared with Deek at 233 Pat Lane on Dec. 27, 2008, because Juliana was unresponsive. She arrived at Children’s Medical Center of Dayton without a pulse.

She was able to be resuscitated, but remained comatose and died two days later. An autopsy by the Montgomery County Coroner’s Office concluded she suffered “battered baby syndrome,” typically the result of repeated abuse.

Deek denied knowing of any abuse during her first trial. Attorney Alan Gable was able to split the jury’s verdict and forced a mistrial. Deek also was acquitted of drug charges.

Gabel is out of the country so Judge Stephen A. Wolaver appointed Armstrong and Arthur Ames to represent Deek. She tried to fire them Sunday, but Judge Wolaver denied her request after a hearing Monday.

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