‘Utterly crushed.’ Tri-Cities parents want to face their child’s killer in court, not via webcam

A Tri-Cities family’s attempts at moving forward since the tragic death of their 2-year-old son have been stymied repeatedly by the ongoing COVID-19 pandemic and surge in new cases.

On Tuesday, Jennifer and Daniel Schreiber told a judge it would be unfair to have to face their toddler’s killer at sentencing via a webcam.

“We have been manipulated at the whim of the defense for the past four years, feeling as cogs in the wheel of a flawed justice system ...,” Jennifer Schreiber said, choking back tears. “We stand here today, as we will for the rest of our lives, completely and utterly crushed.”

The couple objected to a request by lawyer Scott Johnson that he and his client, Jocelyn M. Bellon, be allowed to appear remotely for Wednesday’s scheduled sentencing hearing in Benton County Superior Court.

Bellon, 34, entered an Alford plea last month to second-degree manslaughter for the July 19, 2016, death of David Schreiber.

Bellon — who had been the nanny for David and his 3-month-old brother — acknowledged acting with criminal negligence in causing the older boy’s death.

She faces a recommended sentence of two years and three months in state prison, though her attorney is expected to ask for a very minimal county jail term.

Culmination of case

Jennifer and Daniel Schreiber viewed the defense request as another example of Bellon “creating a wall to separate herself from the reality of her actions.”

They said after five years of waiting, including multiple continuances and trial delays over the past two years against their wishes, this case is finally coming to a culmination.

They want to see Bellon in the courtroom when it’s their time to give the family’s victim impact statement.

“This is my husband’s and my chance to be able to find some sense of closure, seeing everything come together,” said Jennifer Schreiber. “The effect that it’s had on our family over the past five years — to be dragged through court time and time again, cancel our family events, to have every proceeding hanging over our heads — has been absolute insult to injury.”

“We are already trying to pick up the pieces of our lives and move forward with some sense of normalcy,” she continued. “... There has been so much removal from responsibility and accountability from the defense as a whole.”

Johnson interrupted the parents to say he is the one making the request because of his own chronic medical condition.

He said Bellon is OK with appearing in court, but she has the right to have an attorney present with her and right now he does not “feel comfortable doing live court” because of current COVID case numbers.

He added that state and federal law allows him to ask for “reasonable accommodation.”

Defense resolution

Judge Jackie Shea Brown said she was put in “a no-win position” with the request.

“To the Schreibers, I would just say, I’ve never lost sight of the fact that you lost your son,” said Shea Brown. “To Mr. Johnson, I would say, the nature of COVID is very, very scary, particularly if you’re a vulnerable person. You can die. Even if you’re vaccinated, there can be breakthrough cases.”

“To this court, I believe having the presence of the defendant is absolutely necessary for closure for the Schreibers,” she continued. “Now I know that closure involves a timely sentencing ... but I can only indicate that in putting Mr. Johnson here tomorrow in this courtroom, should something happen, then I would feel responsible for that if he got sick.”

Shea Brown recognized that Johnson did not want to delay the hearing. She encouraged the prosecutors and defense to work out a solution that will keep Johnson safe, while also ensuring his presence in court with his client for sentencing.

About one hour after Tuesday’s hearing, Johnson told the Tri-City Herald that he came up with a solution that was agreed upon by the prosecutors.

His law partner, Deric Orr, will be in court Wednesday with Bellon for sentencing, while Johnson appears via video from his Richland office.

Johnson will make the legal arguments, but added that Orr knows the case well and is prepared to take over should they encounter a technical problem.

Diagnosed skull fracture

In July 2016, Bellon had been alone with David and his baby brother, William, for about 1 1/2 hours when she called the mother, saying the toddler was choking, according to court documents.

Jennifer Schreiber then called 911. Both she and her husband were at work at the time.

When paramedics arrived at the Schreiber’s Richland home, they found David unconscious and unresponsive with vomit around his mouth.

David was rushed to Kadlec Regional Medical Center in Richland, then transferred to Sacred Heart Medical Center in Spokane. He died the next day.

Doctors determined that David had a skull fracture caused by significant force, along with visible hemorrhages in both eyes. They determined the injuries occurred within minutes or hours of when the ambulance arrived, documents said.

A forensic pathologist also concluded from the autopsy that David’s head injury took both a high-degree of energy and “a tremendous amount of force,” and was not caused by a short fall like from a booster chair, as Bellon previously claimed.

In her plea statement last month, Bellon said she had been playing with David, swinging the toddler into the air as she held his feet.

“While he was coming down toward the floor, his head hit the tile floor and (he) died on July 19, 2016, as a result of the impact,” she wrote. “While I do not believe I was acting negligently, I believe that a trier of fact could determine that the evidence showed I was negligent.”

Prosecutors told the Herald they contest Bellon’s version of events and will have medical evidence at sentencing that shows Bellon “hurt him on purpose” and that David was not injured while playing with his nanny.

This story was originally published September 21, 2021 at 4:14 PM.