Kaliq Mansor has life sentence overturned
Mansor convicted of killing 11-week-old son. Court has 30 days to appeal ruling
Kaliq Mansor, a Metzger man convicted in 2012 of murdering his 11-week-old son, has had his life sentence overturned by the Oregon Court of Appeals.
Mansor, 38, was convicted of murder by abuse and first- and third-degree criminal mistreatment in 2012 after the death of his infant son, Bryan.
But in an opinion filed on Wednesday, the court ruled that the jury in Mansor's case heard evidence that should have been suppressed. The court ruled that a search warrant which allowed authorities to dig through Mansors computer files and Internet history was too broad.
The Metzger father of two had regularly conducted online searches for subjects including father hates infant," "can therapy help an abuser," how do I stop abusing my baby, and other online searches on his home computers in the days and months before Bryan died.
Mansor remains in custody at the Eastern Oregon Correctional Institution in Pendleton.
Angela Foster, Mansors ex-wife and mother of Bryan, contacted Pamplin Media Group on Friday and said that she was upset with the outcome.
This is beyond stunning, she said. Im disgusted and angry and heartbroken and all of the things that youd expect a person to be.
Read the Court of Appeal's opinion here
Mansor called 911 on June 12, 2011, saying that his infant son had begun to cough and expel liquid from his nose during a feeding.
Mansor said that he had shaken the baby and hit him on the back in order to clear his airway. When that didn't work, he told police he searched online for 15 minutes about what to do before calling 911.
Bryan was pronounced brain dead and diagnosed with Shaken Baby Syndrome. He died two days later at Randall Children's Hospital at Legacy Emanuel.
Doctors warned police that in addition to Bryan's injuries, he had an old rib fracture and skull fracture that weren't caused by choking. His twin brother also had six old rib fractures.
Prosecutors argued that those injuries were the result of abuse, claiming Mansor had abused both his children and shook Bryan so violently that it caused a fatal brain injury. The jury in the case deliberated for three hours before convicting him.
The use of Mansors Internet search history was a key part of the trial. At the time, Mansors attorney, Russell Barnett, argued that prosecutors should not be allowed to submit evidence obtained from Mansors computer, calling it an unconstitutional search and seizure.
Barnett argued that the warrant obtained by police to search the computers was too broad, and should only have allowed for a search of the 15-minute span when Mansor was looking up how to help his child.
A warrant isnt a means of entry for an exploratory search, Barnett said in court. This warrant allowed everything months and years of Internet history to be searched, Barnett said. That is a huge amount of information, and nothing limited this (search).
But Washington County Circuit Court Judge Donald Letourneau said that the jurors should see the evidence, saying that the warrant did not impose any time limits on the search.
After his conviction, Mansor filed an appeal, requesting a new trial.
From here, the Washington County District Attorneys Office has 30 days to decide whether to appeal the ruling, or retry Mansors case.
Mansors trial occurred when his surviving son was only a year old. His ex-wife, Foster, said she wasnt sure how she would talk to her son, now 5, about what happened.
At the time, it was a lot easier to hide being upset, but even if dont say anything, he knows when something is wrong. I want to make sure that my kiddo is OK and taken care of. Thats my No. 1 concern.
By Geoff Pursinger
Associate Editor, Hillsboro Tribune
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