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Judge gives babysitter 18-year prison sentence
Parents show video of brain-injured daughter
Wednesday, July 2, 2008
SCHENECTADY — Brad Gilbert introduced a video montage of his daughter Riley, starting off with a happy and energetic 2-year-old, dancing and singing. The video quickly turned, however, to the now-3-year-old Riley, who is far from what she once was. It shows a little girl who can’t walk and can’t talk. She also can’t feed herself. She is legally blind. At the Tuesday sentencing of the former babysitter and family friend convicted of causing the brain injury that left Riley in her current state, Riley’s father told Acting Schenectady County Court Judge Richard Giardino how the crime has affected him and his family. “Every day I come home and my daughter can’t run to me,” Gilbert told the court. “She can’t say ‘hi’ to me.” Rebecca Polomaine was convicted in April of first-degree assault. The jury found she smashed Riley’s skull while the girl was in her care March 27, 2007. After hearing from both of Riley’s parents, Brad and Lisa Gilbert, along with Polomaine and, in an unusual move, Polomaine’s sister-in-law, Giardino sentenced Polomaine to 18 years in state prison. An audible gasp went through the courtroom, packed with 50 Polomaine and Gilbert relatives, as Giardino pronounced sentence. The families, which had once been close, were separated on either side of the courtroom gallery. The judge said he took into account Polomaine’s lack of criminal history, the effect on her own four children and the severity of the case. The sentence is seven years under the maximum. Polomaine, who has maintained her innocence throughout, once rejected a plea-bargain offer that would have sent her to prison for five years. Dressed in an orange jail uniform, Polomaine stood next to her attorney, Joseph Litz, as she read her own statement. She noted that she had never been in trouble with the law before and she did not agree with the verdict. She cited her own four children who need her and said she has babysat since the age of 11. She is in her early 30s now. “It is unfortunate that Brad and Lisa Gilbert have been made to think that I’m a monster,” Polomaine said, adding later, “I couldn’t possibly hurt anyone, let alone a child.” Giardino directed Litz to file all the necessary appeal papers. Litz called his client a loving wife and mother. He also argued that she should not be punished for taking her case to trial. FAMILY DEFENDS In an unusual move, Giardino allowed a representative of Polomaine’s family to address the court. Law allows for family of the victim to speak at sentencing but not for family of the defendant. Polomaine’s sister-in-law, Michelle Rose, called Polomaine a wonderful mother to her four children. “They’ll suffer terribly without their mother.” In pronouncing sentence, Giardino also pointed out the unusual situation the Polomaine family was in Tuesday. In 1995, Rose’s sister, Jackie Polomaine, was murdered in Schenectady. The family was in the same courthouse for the trial of her killer, then as the victims. Rebecca Polomaine’s prosecutor, Andra Ackerman, Tuesday argued for the maximum sentence allowed of 25 years. That sentence would still allow Polomaine to go free, back to her family, Ackerman said. Riley Gilbert will never be as she was, she said. “Riley Gilbert will always be trapped in her own prison.” Ackerman also addressed the severity of the girl’s injuries, something she said the sentence should reflect. “If it were any worse, Riley Gilbert would be dead.” The guilty verdict came at the end of a three-week trial that featured testimony from medical experts brought in and paid for by the defense and the prosecution. The dueling experts described how the child could have fractured her skull so severely it caused her brain to swell and sent her into convulsions. One of the defense’s contentions was that Polomaine‘s 4-year-old daughter slammed full force into Riley, sending her crashing onto or into a hard surface with her head. The prosecution said the force required to cause Riley’s injury was akin to dropping her out of a second- or third-story window onto concrete. Giardino allowed the video of Riley at sentencing. Her father said they contemplated having her in court but ultimately decided it could be traumatic for her. The video was the next best option. The video showed a girl now in a wheelchair monogrammed with her own name who struggles to keep her head up. A therapist plays and works with Riley. It was difficult to discern a response. In the portion of the video prior to her injuries, Riley is seen in a sandbox, her father starting “Old MacDonald” and Riley finishing the rhyme’s signature first line. Riley’s mother Lisa talked in her own statement of the overwhelming fear in the early days that her daughter would not make it. She talked of one moment in the Albany Medical Center emergency room where they were pulled aside and she feared the worst. She also spoke of the past year of rehabilitation and work where she faced infections, surgery and even morphine withdrawal, twice — “all of this before the age of 3.” Lisa Gilbert struggled to get through her statement, her voice wavering at times. Polomaine sat listening, at one point shaking her head slowly as Lisa Gilbert said Polomaine waited to call for help to cover up her own actions. Despite all the setbacks and struggles of the past year, Lisa Gilbert said she and her husband are never without hope for their daughter. “She faces years and years of continued therapy,” Riley’s mother said. “My husband and I remain optimistic, because we love our daughter and refuse to believe that this is the way she will be forever. We want our daughter back.”
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September 8, 2008
9:15 a.m. [ Suggest removal ]
What confuses me is that, all the proof is speculation. No one actually saw the defendant do anything. Although the trauma and the injuries were horrible and very sad, and although doctors have agreed that it could have only happened a few ways, where is the proof that it was actually Mrs. Polomaine who caused the injuries? I think she should have been in trouble for allowing it to happen in her home, say accused of negligence, but without proof of her actually committing the crime and only proof that the crime happened, how could those jurors succumb to emotion and put this mother in jail? A mother with absolutely no criminal background, and no previous signs of violence. One child will never have her life be the same but also, four children will have to live without their mother until they are in their 20's, this will change who they are and could turn them into angry children. It would make me angry and untrustworthy of our system, and will sure do the same to them.
Very sad. I do not think she deserved that many years in prison, to think of all the other criminals who walk free everyday, and even more so that don't even get caught and here we are sending this poor women to prison for what may not be forever, but might as well be in the life of her children!
9:58 a.m.
11:34 a.m. [ Suggest removal ]
Poor women??? - are you kidding? What about poor Riley who will never be the same again? There was a lot of evidence against Polomaine and just the fact that she was a daycare provider and supposedly did not know how this child was injured in her home is bad enough. Also, the fact that she took time in calling an ambulance - my 7yr old would know better than that. I feel badly for her children as well, but with a mother like that they are far better off.
11:39 a.m. [ Suggest removal ]
I so agree with the last comment. Yes a tragedy did happen,but I do not believe that Mrs Polomaine is soley to blame. There is only speculation of her wrong doing. A few years ago there was a simular situation where a child actually died in the home of a babeysitter.This was the trial of Mrs Slattery, her sentence was not even near the years put before Mrs Polomaine. I have known Becky all of her life & believe in my heart that she is a great Mom and deserves to raise her children. Now we have before us a second tragedy, except now it involves 4 more children. I believe that the Gilberts know Becky is not an evil person. If they thought that,they never would have put their child in her care.This whole thing is such a loss to all involved.My prayers are for both families,especially the children. Forgivness is Godly and a beginning for healing. All in all, the sentence given is extream. Is there really any justice for sending a mother away from her children for that lenght of time? Becky has always been there for her children & took care of them as any good Mom would. She is NOT, nor will ever be, or has ever been a threat to her children. I pray for the DA who obviosly has a hardened heart.
11:45 a.m. [ Suggest removal ]
The last comment is not the one I agree with,is is the one before.This person is so wrong. I feel sorry for them.
11:57 a.m. [ Suggest removal ]
I 100% agree with "Prayer". It's truly unfortunate for Beckys' wonderful children to be sentenced too. They now are without a mother for 18 years. I feel this sentence was a bit harsh given that the DA didn't have stronge proof that she did infact harm Riley. I feel horrible for the Gilberts to have to endure the pain and grief that they have and will always have but I also know Becky isn't a bad person and would not intentionally harm any child. She lvoed Riley like her own and it showed. I feel so bad for everyone and just hope that God looks over the Gilberts, Becky and her family during this time.
12:27 p.m. [ Suggest removal ]
I agree that this whole case has been a tragedy for both families....but there is many holes in this case and i feel that they did not prove beyond a reasonable doubt that Becky committed this crime....this was a very emotional trial for everyone involved...no one is really sure what happened to riley, and i can understand that riley's family needs to find blame somewhere so they can begin to try to move on with their lives but i feel that justice has not been served yet.
1 p.m. [ Suggest removal ]
In the real world, good people do bad things. The idea that someone who had a clean record can't commit a crime flies in the face of human nature and history. Many serious offenders are first timers. Having said that, I wasn't there so I don't know what happened. I wasn't in the courtroom either but I take extreme exception with the suggestion that the jury was driven by emotion. This trial judge is one of the best there is and I can be sure that he presided over a case of facts not emotions. Certainly people who know the defendant or the victim are going to have opinions and everyone is entitled to their opinion. They are not, as a former New York senator used to say, entitled to their own set of facts. Neutral parties can rest assure that the trial was fair, both parties got their say and that in the end justice was served.
1:18 p.m.
4:32 p.m. [ Suggest removal ]
Wow,,, such emotion, what a shame is true to ruin so many peoples lives. But No one has the right to injury a child, Maybe Mrs. Polomaine should have taken the plea, oh that is right she would have had to fully explain what happened, NO, she took her chances with the jury and just like a lottery ticket, she lost. That can only proves that the truth will never be told, and as a Democratic society we had to rely on the judge and jury. I applaud them for seeing right through her stories, and keying into the missing, lapse in memory that she displayed.
The Polomaine children will only learn anger from the care givers that they will have now, possibly a loving neutral foster home would be best for them now.
Unfortunately Riley does not have that option does she?
AMS - COLUMBIA COUNTY FRIEND
4:59 p.m.
7:43 p.m.
9:38 p.m. [ Suggest removal ]
Everyone keeps saying no criminal past. All criminals have a first crime. Mrs. Polomaine must have snapped, no one in their right mind could have hurt that beautiful child. If she didn't do it, how did it happen? It was her responsibility to keep this child safe while in her care. Our legal system heard the case and judged her GUILTY, now she has to pay for her crime. Why is the future of the Polomaine children more important than Rileys? They will go on to have a normal childhood, the only thing they are missing is a mother. Riley will NOT have a normal childhood,
she has difficult therapy, and will strugle for any minor goal she makes. She is missing her sight, the ability to run and play. The hopes and dreams her parents had have now been changed to a one day at a time mode of thinking. How can you people even attempt to compare what the Polomaine's are going through with the Gilberts. Are you serious?
Tina Bauhoff
9:52 p.m. [ Suggest removal ]
AMS - good for you! It is amazing to me that anyone would try to defend what Rebecca Polomaine did to that poor child, Riley. She may not have been a monster, but obviously she was in over her head and she snapped. She needs to pay and now she will. She should feel very fortunate that she did not receive a life sentence like the one she gave to Riley and her family. By the way, "stay at home, PTO moms" do bad things to their own children all the time - read the newspaper ShellyMay!
10:14 p.m. [ Suggest removal ]
No one is defending what she did because she did not do anything. I am not going to debate or get into a childish back and forth spit fight with you. It is over for now and some day the truth will come out. You have had your say and I have had mine. By the way innocent people are convicted everyday and if you read the newspaper you would know that. And if there is a single solitary person out there that can say a child without a mother will have a normal life either does not have children or is not any kind of mother that should.
6:26 a.m. [ Suggest removal ]
ok so you think youre right,,, but fact is now Mrs. Polomaine will receive the treatment she needs so she will not have the ability to hurt her GRANDCHILDREN! It is a shame that she thinks (and you too) that anything will change with an appeal,,, she is only spending more money (or is it county money?) to find out the same results. SHELLYMAY you have a great day! Enjoy your life too.
9:55 a.m. [ Suggest removal ]
it would have been nice if the truth came out from the beginning....instead of lie after lie. if the Polomaine family is so caring, the kids will be fine...that's what good families do, rally and support each other.
Shellymay - how can you say she did nothing? were you there? according to the news, it was just her, Riley, her 4 yr old daughter and year old son. there is zero medical proof that a 4 yr old could even cause that much damage.
and I read the paper all week, not one story about an innocent person mistakenly charged with a crime. imagine that.
10 a.m. [ Suggest removal ]
the entire situation is terrible, however this little girl had a skull fracture equivalent of falling from a two story building. I'm not sure how there could be any doubt that this woman did this. Also she waited over 5 minutes between the time she called the little girl's mother and the time 911 was called. Those 5 minutes could have made all the difference in the world for that little girl. This woman deserves to go to jail.
11:57 a.m. [ Suggest removal ]
I work in the same place as Riley's mother, so I have followed this story. I have seen pictures of Riley before and after, as any proud mom has pictures of her child in her office. You can see the profound difference - before her injuries, Riley was full of life and light, spit and fire. After her injuries, it is clear that she is a different child. She is fighting to come back to her parents.
I have also seen Riley in person. She is a precious innocent whose life was changed in an instant, as was her parents. Her milestones will be measured differently. Remember that!
5:37 p.m. [ Suggest removal ]
Can someone please tell me, I heard alot about how Riley's injury was like droping her from a 2 to 3 story building. What is the mile per hour that this injury took place and is a women of Rebeccas size able to inflict this injury. Did she perhaps go out and find a 3 story building and drop her. What is the calculation for this. Oh I would also like to extend my prayers to the Gilbert family and all the chrildren.
7:59 a.m. [ Suggest removal ]
The only thing I don't understand and maybe I am misinfomred is that Riley had no marks on her. However wouldn't an injury of her level show marks or something? I'm confused because if Becky grabbed her and did something to that degree I would think she would have external injuried and I've heard that there was nothing on the outside of her physically. ????
9:59 a.m. [ Suggest removal ]
To NA - I wondered the same thing when I first heard that but my niece had a metal pole fall on her head and had a major concussion but there was no sign on her that anything had happened - not even any bruising. Her doctor told my sister that sometimes, with head injuries, that's the way it is. Also, I would have to imagine that all that was taken into account by the doctors and at the trial.
3:43 p.m. [ Suggest removal ]
Thanks for the info. mjbatb. This whole story is very sad. I was just curious about the evidence against Becki that there was NO doubt at all in the jurors mind that shewas guilty.
8:59 p.m.
11:55 p.m.
10:05 a.m. [ Suggest removal ]
Ya know that saying don't judge someone until you've walked in their shoes. Well I sure hope nothing ever happens to any of you because just know that you will be judged whether you did anything or not.
Yes they do put innocent people in prison.
The Polomaine children which they all have names Tiffany, Sara, Katie and Nicholas and feelings will be taken care of I can't believe someone would have the audacity to even say foster care.
7:05 a.m. [ Suggest removal ]
Innocent people have been put in jail. However Mrs. Polomaine isn't one of them. She did something that is unexcusable and she should pay for it. She gets out in 18 years, Riley never gets to go back to her previous life. She will always have to fight this battle now. Rebecca's children will survive through family help and hopefully will learn from this experience on how to not treat children.
6:33 p.m. [ Suggest removal ]
How can you make a statement like that NA were you there? Did Riley come to Becki's completely healthy or did she have something already happening with her as stated by her mother? Nobody should be saying anything since nobody was there!
5:47 p.m. [ Suggest removal ]
The important people know the truth and that's all that matters! Keep believing what you want.
8:06 p.m. [ Suggest removal ]
You do the same
1:36 a.m. [ Suggest removal ]
Rebecca was there and she should have been the one to say what happened taljfl.Instead she has 3 different stories for everything that happens.