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Cruelty V. Case Brief Summary

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Cruelty V. Case Brief Summary
MEMORANDUM OF LAW

To: Kimberly D. Beard, Esq.
From: Laura Gardner
Re: Brandon Berry, State of Georgia v. Berry
Date: February 27, 2013

QUESTIONS PRESENTED

I. Can the Defendant be Charged With Cruelty to Children When the Child Was Not in the Defendant’s Care?
II. Can the Defendant be Charged With Cruelty to Children When the Elements Have Not Been Met?

STATEMENT OF FACTS

On June 16, 1998 Jamie June (Jamie) completed a detox program for alcohol abuse and she then started Alcoholics Anonymous (AA) program at the Interfaith Alliance four times a week. In addition to this she continued to meet twice a week with her Psychologist Marsh Mellow (Psychologist). Jamie was getting herself together and was acting like a mother and was even getting things …show more content…
Most of the time the neighbor would come to Berry’s house to watch the child. On November 6, 1998 Jamie needed to go to a meeting. Jamie had not talked to Berry that day because he was very busy. The child was having a bad day because he was teething and did not take his nap. The child finally fell asleep in the playpen that Jamie had in the kitchen. Jamie didn’t want to wake the child so she went across the hall to see if the neighbor could watch the child while she went to her AA meeting. The neighbor was home but wanted to stay at her house so Jamie set up a baby monitor and gave the neighbor the other baby monitor to listen in on the child. Jamie was stressed that day and on the way to her meeting she decided to stop by the bar. When she was there she ordered a drink but did not drink it because she knew that it was not the right thing to do and she had come so far that she didn’t want to screw up now. She decided to go straight home to see the child and did not relapse. Dana Dowright (Social Worker), Berry and Jamie’s social worker saw Jamie at the bar. Social worker knew Berry was not home and went to check on the family at their residence. At about
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