Court documents detail case against Haysville man accused in infant daughter's death

Published: Oct. 4, 2018 at 6:24 PM CDT
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Court documents unveiled Thursday give insight into prosecutors' case against a Haysville man

Police arrested 32-year-old Andrew Franklin September 14, the day after his four-month-old daughter died at a Wichita hospital. Five days prior to the infant's death, Haysville police said officers responded to a home for an infant possibly having a seizure. The baby was taken to the hospital in critical condition.

On that Saturday, Sept. 8, the probable cause affidavit released Thursday says officers arrived at the Haysville home to find an infant on the floor, stiff and not moving. The girl's father, Franklin, told investigators the infant had a seizure.

In the ambulance, paramedics told the sergeant there was equal pupil dilation on the baby's eyes. EMS believed this to be consistent with a shaken baby, the affidavit says. Officers obtained permission to take photos at the apartment. An officer said the floor in the living room smelled strongly of feces.

The affidavit says Franklin's 12-year-old son was also home when police arrived on the scene Sept. 8, as was the infant girl's mother.

The 12-year-old told police that at about 10 a.m., he came out of his room to take a bowl back to the kitchen and saw the baby in her swing in the living room. The affidavit says he told investigators the infant was drinking a bottle and acting normal.

The affidavit says the 12-year-old boy played a video game with a friend from about 11 am. to noon, staying in his room until Franklin came in upset and saying the baby was not acting normal.

The affidavit says the boy told investigators he saw the baby flat on her back, not moving with her eyes barely open. She was breathing fast and making an abnormal sound, the affidavit says.

At the hospital, staff began ruling out medical reasons for the baby's health and landed toward a suspicious case.

Asked about alcohol consumption, Franklin told police he had a couple beers between 11 and 11:30 a.m. on the morning of Sept. 8. He said he woke up about 7 a.m. because the baby was crying. He said he took her from the crib to the living room, put her in the swing and gave her a bottle. He says she didn't take much from the bottle and fell asleep.

Franklin told told investigators says he left the baby in her swing and watched T.V. Later, the girl started to cry, so he picked her up and noticed her diaper was full, the affidavit says.

Franklin says he put the infant on a futon, gave her a bottle and went to get a diaper. Franklin says he came back and saw the baby on the floor with her eyes rolled back. That's when he ran into the 12-year-old boy's room and said something was wrong, the affidavit says.

The affidavit says Franklin didn't immediately call 911. He tried to justify this by saying he was told previously when his son had seizures, anything less than 15 minutes did not need EMS attention. He told investigators there were no past medical issues with the infant and she was okay the day before.

Detectives spoke to the baby's mother who said there was a fight the night of Sept. 7 concerning the care of the four-month-old girl.

The affidavit says Franklin told investigators bruises on the infant's left jawline were from the car seat.

The affidavit says doctors later determined the baby's medical issues were a result of "non-accidental trauma." On Sept. 9, the affidavit says police were informed the infant would not survive. Injuries included a skull fracture and brain and retinal hemorrhaging that doctors say was consistent with "violent infant shaking" and or a "forceful rotational slam of the infant's head onto a surface."