Ex-cellmate testifies Marion County murder suspect told him he shook his baby

Chistopher E. Russell, the Marion County, Tenn., father who is facing murder and child abuse charges in a trial this week in Jasper, takes a break Tuesday outside the Marion County Justice Center.
Chistopher E. Russell, the Marion County, Tenn., father who is facing murder and child abuse charges in a trial this week in Jasper, takes a break Tuesday outside the Marion County Justice Center.
photo Christopher Russell
photo Colin Russell

JASPER, Tenn. - A longtime inmate who shared a cell with accused killer Christopher Russell testified Tuesday that Russell told him he shook his 3-month-old child and "pitched" him on a bed.

Jerry "Little Man" Layne, the last witness to testify Tuesday in Russell's trial on felony murder and aggravated child abuse charges, spent time in a cell with Russell while he was being held at the Marion County Jail last year.

Layne said Russell, the first time they talked, wanted to know what it was like in prison. The next time, he was crying and talked about Colin Eugene Russell's death.

"He said, 'At first the baby was crying' and he said, 'I got up and got it up and started shaking it. I shook it and shook it and he finally quit crying.' He said, 'I set it back down. I went back and got in the bed and I no more than got to sleep and it started crying again,'" Layne said.

"He said, 'I got up and I got the baby again and I shook and shook and he said he wouldn't stop crying, so I pitched it toward the pallet on the bed," Layne said. "I said, 'You pitched it?' and he said, 'Yeah, it hit on the mattress.' I said, 'That would have killed a kid.' He said, 'Well, that's what I did. I rolled it over again and it got one breath,' and he said, 'I knew he was dead.'"

Layne said he testified against Russell "because I think it's the right thing to do."

But defense attorney Judith St. Clair attacked Layne's reasons for testifying against Russell, suggesting that he was seeking favorable treatment and a promised letter to the parole board on his behalf from Assistant District Attorney Steve Strain. Strain agreed he intends to write the letter to the parole board on Layne's behalf, but Layne said he had refused parole less than a year ago.

The doctor who examined the body of Colin Russell after he died will take the stand today in what could be the last day of testimony in the trial of Christopher Russell, who was charged in the June 2012 death of his son. Russell is facing a jury in the third day of a trial that was originally set to last all week.

On Tuesday, prosecutors moved more quickly than expected and reached a point where they planned to call Nashville physician Dr. Bridget B. Eutenier, who had been scheduled to appear on Wednesday. Since she wasn't available Tuesday and Russell's defense team, William Bullock and St. Clair, didn't want to proceed out of turn, Criminal Court Judge Thomas Graham called a halt to the proceedings just before lunch.

Russell, who has been free on a $100,000 bond since October, left with family members after a short meeting with Bullock and St. Clair.

The first witness of the day on Tuesday was the doctor who treated Colin after he arrived at Vanderbilt Hospital on June 17, 2012.

Colin arrived with a breathing tube inserted and that required Vanderbilt officials to perform an X-ray to see if it was properly inserted, Dr. Deborah Lowen testified under direct questioning by Strain.

Lowen said the X-rays showed the baby had numerous injuries, including at least a dozen rib fractures and a broken collar bone.

Colin's injuries were consistent with being squeezed, she said. The earliest rib fractures could have happened 10 days prior to the X-rays but probably not longer than three weeks prior, she said.

Examinations of Colin's brain showed "acute subdural hematoma" around his brain, she said.

"The back of both eyes had just tons and tons of damage," Lowen said. "This is the type seen in abusive head trauma."

On cross examination, Bullock asked about other problems Colin might have been suffering from when he was examined, including prior episodes when he briefly stopped breathing, with one episode prompting a trip to the hospital, according to testimony. Lowen was not aware of all prior episodes.

Contact staff writer Ben Benton at bbenton@timesfreepress.com or 423-757-6569.

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