"The judge said he wanted to take a week to review the file and is going to be back on the bench this Monday to make his ruling," Summit County Attorney David Brickey said. "The motion in this case dealt with trying to prevent information that we have of children from Belgium that she had care of coming in, as well as her work history. She doesn't want us to tell the jury that she may have embellished her employment history."
Aubrey Anderson, 32, of Salt Lake City, has been charged with two counts of second-degree felony child abuse with the intent to inflict serious physical injury and two counts of class A misdemeanor child abuse involving physical injury.
Anderson was hired for the nighttime care of two infants, born the first week of December. According to court documents, on Jan. 17, Anderson reported to the parents that the female infant had "smacked" her face against the crib slats during the night, bruising her face.
On Jan. 28, Anderson reported the male infant to be incessantly fussy. When the day nanny came to work on Jan. 30, she said Anderson seemed to be in a hurry to leave. The day nurse reported she saw dark bruising running down the male infant's forearm and, when she touched his leg when changing his diaper, he screamed and retracted his leg.
When he exhibited the same behavior the following day, the mother took the twins to Primary Children's Medical Center, where the male was discovered to have rib fractures and two broken ankles. According to court reports, the doctor who treated the twins said the fractures were consistent with non-accidental trauma.
Consequently, the Summit County Sheriff's Office opened a child abuse investigation, which unearthed a warrant for Anderson out of Belgium for cruelty towards children after she allegedly abused infant twins there in May 2011.
According to the reports, Anderson began caring for the twins in Belgium when they came home from the hospital. About 10 days later, Anderson was left alone with the infants for the first time. The mother returned and noticed one of the twins had a "flabby" arm, which began to swell. Both twins were also becoming increasingly fussy and one of the infants had a bruise on her cheek, which Anderson attributed to the infant hitting herself.
A few days later, Anderson allegedly told the parents she tripped while carrying one of the infants and had grabbed the infant's arm to prevent her from falling. A subsequent visit with the doctor revealed both twins had multiple fractures of their arms and legs, which the doctor said was "highly specific for abuse," according to reports.
While the parents were at the hospital with the twins, Anderson allegedly fled the country.
Investigators also looked into Anderson's educational history and certification, which showed Anderson never graduated from the University of Utah as she had claimed and some of her certifications had expired while others could not be found in records.
Anderson's lawyer, Clayton Simms, requested information related to her educational history, employment history and professional certifications, "or lack thereof," be excluded from evidence at the trial.
Simms argued in a motion to dismiss the evidence, stating the information is irrelevant to the case and may influence the outcome of the trial by leading jurors to the conclusion that Anderson is untruthful.
In response, Brickey and Prosecuting Attorney Matthew Bates argued the evidence of abuse in Belgium is similar to the evidence of the abuse in Summit County.
"The evidence is relatively close in time to the abuse in the instant case and the similarities are striking -- the injuries to the two sets of twins are almost identical," Brickey's and Bate's motion stated in a court document. "Given the circumstantial nature of the evidence in the instant case and lack of any alternative evidence, the evidence of abuse in Belgium is critical to the State's case."