State v. Long, A-16-888

Infant Grayson Long (5 weeks) died after being found limp and blue on May 31, 2014; he was treated at Children’s Hospital and later removed from life support on June 3, 2014.
Medical findings: subdural hematomas, diffuse brain injury/axonal injury, retinal hemorrhages, multiple rib fractures of differing ages, fractures in limbs/shoulder, and bruises; some injuries dated weeks old and some recent.
Anthony R. Long (father) admitted to police he became frustrated while feeding Grayson, forced a bottle, hit Grayson on the head, and squeezed him until he stopped breathing; he also admitted prior repeated hits, throws onto a bed, and squeezes over prior weeks.
State experts (pediatric radiologist, child-abuse pediatrician, forensic pathologist, rebuttal pediatrician) testified injuries were non-accidental and consistent with abusive head trauma and squeezing; defense expert testified death resulted from birth trauma and subsequent brain infection and that fractures were rickets-related.
Bench trial: trial court found State experts credible, rejected defense expert, convicted Long of intentional child abuse resulting in death and of intentional child abuse resulting in serious bodily injury, and imposed consecutive lengthy prison terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence — death charge	State: evidence (confession + expert medical opinions) proves intentional abuse causing death	Long: conflicting medical theory creates reasonable doubt; court not qualified to choose	Affirmed — evidence sufficient; court credited State experts and confession
Sufficiency of evidence — serious bodily injury charge	State: prior injuries (bleeding, healing rib fractures) + confession show intentional abuse causing serious injury	Long: no evidence he was alone with or injured child before May 31	Affirmed — evidence showed periods when Long was alone with child and he confessed to prior abuse
Denial/refusal to appoint false-confession expert	State: no necessity shown; cross-examination adequate	Long: trial court refused to appoint expert (Ofshe) and deprived defense	Affirmed — record shows request for Ofshe withdrawn in favor of unnamed Dr. Wilson; no formal renewed motion or supporting info was presented to trial court
Credibility of expert testimony	State: experts’ consistent causation opinions	Defense: offered a contrary expert diagnosis (birth injury + infection + rickets)	Trial court, as factfinder, resolved conflict in favor of State experts; appellate court will not reweigh credibility

State v. Schuller, 287 Neb. 500, 843 N.W.2d 626 (2014) (standard for sufficiency review and deference to factfinder credibility determinations)
State v. Thompson, 278 Neb. 320, 770 N.W.2d 598 (2009) (factfinder’s credibility determinations are for the trier of fact)
Carlson v. Okerstrom, 267 Neb. 397, 675 N.W.2d 89 (2004) (when expert opinions conflict, resolution is for the factfinder)
Erin W. v. Charissa W., 297 Neb. 143, 897 N.W.2d 858 (2017) (appellate courts do not consider issues not presented to the trial court)