Children’s Protective Services (CPS) cases can be extremely stressful and have life altering consequences for parents. When allegations of child abuse, such as Shaken Baby Syndrome (SBS), arise, the stakes are even higher. The Michigan Supreme Court case, People v. Lemons, provides valuable insights into defending against CPS allegations and accusations. This blog explores key defense strategies based on lessons from this pivotal case, offering guidance for those facing CPS scrutiny based on suspicion that a child was injured from being shaken.

Understanding People v. Lemons

In People v. Lemons, the defendant was accused of causing shaken baby syndrome, SBS, to his young child. The Wayne County prosecution’s case heavily relied on medical expert testimony to establish that the injuries were consistent with SBS. Despite the defense’s challenges to the reliability and interpretation of this evidence, the father, Mr. Lemon, was found guilty for the death of his child. Years later, the prosecutor’s expert witness changed his medical option about the cause of death of the child. That expert doubted the accuracy of his testimony that convicted Lemon and put him behind bars for life. Lemon’s attorneys asked for a new trial based on the new opinion of the expert witness that helped convict him. The trial court denied Lemon’s request for a new trial and said the new expert testimony no longer met the minimum standards for expert testimony and therefore would not be permitted. Lemon appealed all the way up to the Michigan Supreme Court. In July of 2024, they reversed the denial of a new trial for Lemon. The Supreme Court held that expert testimony in SBS cases could be pivotal and Lemon would be permitted to present the revised expert testimony which calls into question the cause of death of that child. This case highlights the importance of expert testimony and thorough defense strategies in allegations involving serious child abuse cases. Heck, we’ve know that for decades. Our CPS defense team has been using medical experts for more than 20 years. 

Key Defense Strategies in CPS Investigations

1. Early Engagement with An Experienced, Aggressive Attorney

One of the most critical steps in defending against CPS cases is engaging experienced attorneys early. An attorney specializing in CPS defense can:

• Guide Through the Process: Help you understand the CPS investigation, petition and court process and your rights.
• Advise on Interactions: Provide advice on how to interact with CPS workers and police, ensuring you do not inadvertently compromise your case.
• Prepare Your Defense: Begin preparing a robust defense strategy from the outset, including gathering evidence and identifying expert witnesses appropriate for defending against false allegations by CPS

2. Challenging Medical Evidence

Medical evidence often forms the cornerstone of CPS allegations, especially in SBS cases. Key actions include:

• Reviewing Medical Reports: A thorough review of all medical reports and test results is essential to identify any inconsistencies or errors. For this, our attorneys typically bring in medical experts to do the record review. 
• Questioning the Diagnosis: Scrutinize the methods and criteria used to diagnose SBS, ensuring that all possible causes were considered and that the diagnosis was not hastily made.
• Highlighting Alternative Explanations: Presenting credible alternative explanations for the child’s injuries, such as pre-existing health conditions or accidental causes, can cast doubt on the CPS’s allegations.

3. Leveraging Expert Witnesses

Expert witnesses are crucial in challenging CPS’s medical evidence and supporting your defense. In the People v. Lemon case, expert testimony was pivotal. Your defense should:

• Engage Reputable Experts: Work with reputable medical experts who can provide alternative explanations for the injuries and critique the prosecution’s evidence. We have spent many years searching out the very best medical experts in America. Yes, they are expensive to hire, but they’re worth every penny. 
• Discredit CPS’s Experts: Through cross-examination, challenge the qualifications, biases, and methods of the CPS’s medical experts. In Shaken Baby Cases, those expert witnesses are usually “child protection” doctors with whom our team is already familiar. 

4. Gathering Comprehensive Evidence

Building a strong defense requires gathering comprehensive evidence, including:

• Medical Records: Collecting all relevant medical records and documentation related to the child’s health and injury.
• Witness Statements: Obtaining statements from credible witnesses who can attest to your character and the circumstances surrounding the alleged incident.
• Timeline Construction: Constructing a detailed timeline to show inconsistencies in the CPS’s narrative or to support your version of events.

5. Understanding and Protecting Your Rights

It is crucial to understand and protect your rights during a CPS case. This includes:

• Right to Legal Representation: You have the right to legal representation at all stages of the investigation. During the last 30+ years, our firm has been hired by doctors, lawyers, CPS workers, pilots, psychologists and blue collar workers all over Michigan’s lower peninsula. 
• Right to Remain Silent: Be cautious in your communications with CPS workers and police, and avoid providing statements without consulting your attorney. In short, lawyer up. 
• Right to Appeal: If CPS takes adverse action, such as removing your child, you have the right to appeal their decision and present your case in court.

Importance of Experienced Legal Representation

Given the complexity and high stakes of CPS investigations, and allegations of shaken baby syndrome, having experienced legal representation is essential. Attorneys well-versed in defending against CPS allegations can effectively challenge the evidence, protect your rights, and work towards the best possible outcome for your family.

Contact Us for Expert Legal Assistance

At The Kronzek Firm, our team of seasoned Michigan CPS defense attorneys is dedicated to providing robust defense strategies for clients facing CPS investigations. We understand the nuances of these cases and are committed to protecting your rights and your family.

If you or a loved one is facing a CPS battle, reach out to The Kronzek Firm by calling  800-576-6035 for expert legal representation. We are here to provide the support and expertise you need during this very frightening and confusing time.