City woman found guilty of 1st-, second-degree assaults in horrific child abuse case

Erin Warren of Rochester testifies in her own defense on Monday; inset, the chair entered as evidence where prosecutors say her daughter was bound and kept in a dark closet (Rochester Voice photos)

DOVER - A Strafford County jury took only three hours on Thursday to find a Rochester woman guilty of 1st-degree assault for failing to seek medical care for a severe wound on her then five-year-old daughter's head and second-degree assault for binding her arms.

Erin Warren, 35, of 17 Norway Plains Road, was found not guilty on a second second-degree assault charge that alleged she bound her daughter's legs and a misdemeanor charge of endangering the welfare of a child for allegedly making the child swallow her own vomit.

Strafford County Assistant District Attorney Emily Conant Garod said she was happy the jury "believed the victim," but wished the jury had found her guilty on all four counts.

"I'm happy they found her guilty on the most serious charge," added Conant, who said the case had been a difficult one for her given the horrific nature of the charges.

Judge Mark E. Howard allowed Warren to remain free pending sentencing, which should occur toward the end of the summer following a presentencing report.

Garod said she had argued Warren should be remanded to custody pending sentencing.

During closing arguments held on Thursday the defense argued that Warren was well-intentioned in getting her daughter medical care about a week after she first became aware of the wound and reminding the jury that she is not charged with causing the wound.
The defense also contended that Warren never "tortured" the youngster, but that Frisbie medical providers treating her serious head wound in July 2018 asked her questions that may have "suggested" subliminally that her mom was culpable.
"She (Warren) made mistakes, but she didn't cause the wound," said the defense team led by public defender Carl Swenson.
Defense counsel also said when - after several DCYF sessions of questioning - the daughter said it was "her mom" who made her eat her vomit because "the other answers weren't working."
While the indictments don't specifically charge Warren with causing the wound, Strafford County District Attorney Emily Conant Garod referred to evidentiary exhibits put forth during trial that suggested she did.
"There was no explanation for head injury, but when (the victim) was immobilized in a closet while tied to a chair with her head tied, she moved her head back and forth causing the wound," Garod said while pointing at the chair entered as evidence. "There was tape residue on the arms of the chair where her arms would've been tied."
At trial the victim, who is now nine and lives in Vermont, testified she couldn't remember how she got the head wound, but Garod argued that she likely doesn't remember moving her head back and forth on the chair as she was bound for long periods of time in a dark closet.
Amid soft sobs from women in the courtroom, Garod argued that the head wound had likely been festering for months before being seen by medical providers at Barrington Urgent Care and Frisbie Memorial Hospital, where emergency department Dr. Mat Malby said he was "horrified" when he first viewed the wound, which was "swollen, red and full of puss."
Garod said Warren's abusive behavior may have never surfaced but for a fishing outing her daughter went on with her preschool teacher and family.
"While fishing with another family, she squealed with delight as she caught her first fish one evening," Garod said. After crying out with joy, she was told by her preschool teacher to stay quiet, that people were sleeping nearby.
"Are you gonna duct tape my mouth like my mom did?" she replied, the teacher testified at trial

Garod closed by arguing that Warren cared more about herself than she did her own daughter.
"When she saw the wound she had the ability to get help, but she didn't," she said. "She didn't want to deal with questions from DCYF, so she didn't want to go get treatment."

Warren could face up to 31 years in prison if convicted on both the assault and endangerment charges.