Once a month, Larry loads the kids into his van and they make the trip together, although on those visits, no contact is allowed. I remind them that the Lord loves him more than anyone could and we will see him again someday.. Our thoughts and prayers are with you and your family. I am so sorry to learn of Dabney's passing. Within hours of Andrews arrival at the hospital, the Overtons home had been searched, and soon more facts seemed to bolster the notion of abuse. The medical staff at Driscoll Childrens Hospital had determined that Andrew had nearly twice the normal level of sodium in his blooda highly abnormal findingas well as bleeding in the brain, and as Hess questioned her, he tried to ascertain what had happened. However, that didn't stop us from having friendly and lively conversations about the greatest game. [I] fully disclosed the DAs offices case file to the defense, she wrote in the lengthy statement. -- Sarah Albiston, I enjoyed working with Dabney from time to time. (In his 32 years of practicing law, Gilmore told me, he has never run across the charge of capital murder by omission before or since.) Our condolences to his family and friends. There's also Syndeo Ranch, a faith-based home to help women transitioning out of prison in Palestine. Please allow 24 hours for your entry to be reviewed for appropriate content. The Registry also maintains a more limited database of known exonerations prior to 1989. The next morning, Corpus Christi police detective Michael Hess paid a visit to Kathi Haller, the Overtons next-door neighbor, who knew the family well. I dont see what caused the high salt content. In 2007, Hannah Overton was sentenced to life in prison for the death of her 4-year-old foster son. This small benefit will allow her and her sweet family to continue to share their goodness with all of us with some degree of comfort. I will miss Dabney greatly, having spent hours drinking coffee & talking with him; a kind, gentle soul who made the world a better place and who always had time for people in his life. In 2005 the Overtons began to pursue the idea seriously. Overtons current defense attorney, Cynthia Orr, told ABC News she was thrilled to get the call from Skurka announcing his motion to dismiss had been granted by the judge. But was this churchgoing young woman a vicious child killer? Diane and Peter. We dont know precisely how she got it down Andrew, but we know that he was very, very obedient, Eastwood told the jury, standing before the TV news cameras that Judge Longoria had allowed inside the courtroom. Peace be with you, Dabney. She had been released on bond in December after a Texas appellate court overturned her conviction and life sentence for the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry, were in the process of adopting before he died. Andrews preoccupation with eating intensified, and he began getting out of bed at night to forage for food in the kitchen. Frustrated with a naughty child, prosecutors said, she tried to punish him with seasoning mixed in water. The media coverage of the case stirred widespread outrage. That left Overton entitled to seek state compensation funds for thewrongful conviction. Andrew seems very happy in this home.. But was this churchgoing young woman a vicious child killer? Overton spent seven years in prison before the Texas Court of Appeals overturned her capital murder charges on September 17, 2014. Hannah was less impressed, given that Larrywho, at sixteen, was an enthusiastic fan of Christian punk rockwas sporting a nose ring and a blue mohawk. He was preceded in death by his parents and daughter, Nicole . And thanks for the movie, even though it was kind of weird. We thought that he would stop turning to food for comfort when he learned that he could trust us. To try and curtail Andrews compulsive eating, they put him in time-outs, though to little effect. Yet if anyone was up to the task, most everyone agreed, it was the Overtons, and Hannah in particular. ABC News has followed Overton and her husband's story since her original trial. Hannah: i was and remain so sorry to hear about Dabney's unfortunate death. He was a supportive friend to so many people, including me. Hannahs conviction was upheld in 2009 by the Thirteenth Court of Appeals. Hannah - Please accept our sincere condolences on your loss. He was an avid sailor who was active in the Fishing Bay Yacht Club and raced with the crew of La Maga. Hannah shrugged off the teachers warnings, certain that Andrew would improve once he had the stability of a permanent home. Larry Overton was also charged with murder, but after his wife's conviction, he was offered a plea deal and was given probation. Frantic, Hannah began administering CPR in the backseat. The Carvers, like most members of Calvary Chapel, never doubted her innocence. (Both carry shorter sentences and differ from capital murder on the issue of intent; a motorist who hits and kills someone while driving too fast is often deemed to be criminally negligent in that he did not set out to take a life but was aware of the danger of speeding.) Hannahs father was the Reverend Bennie Saenz, an evangelical preacher in Corpus Christi whose fall from grace profoundly altered the course of her childhood. And its full of great reads, yall. Shortly after noon, Larry picked her and the boys up and took them to a McDonalds drive-through, and then the chiropractor, before returning to work. I first met him shortly after the death of my husband 4 years ago and his kind, gentle spirit and wonderful sense of humor made such a difference at that time and ever since. Dabney was a pleasant person to be around. She was even slighter in person than I had expected, and as she related the events of the past five years in her soft voice, she looked hopelessly out of place in her white prison jumpsuit. Corpus Christi Caller-Times, Todd Yates/AP Photo, Do Not Sell or Share My Personal Information. EMTs and hospital staff had vigorously poked and prodded the boy as they attempted to revive him, first at the clinic, then in an ambulance, then at Christus Spohn Hospital, where he was initially taken, and finally at Driscoll, where he was transferred to the intensive care unit. It came as a shock when I got the call from Peter Detlefs letting me know that Dabney had passed away. He would have been witness number one for the defense, Gilmore told me. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. He was kind, he was gentle, he had a great smile. The sodium content of Zatarains is not listed on its packaging. Prosecutors had accused her of givingthe boy a mix of water and spicy seasoning that contributed to the high levels of sodium in his system. But I was frustrated. (A former pastor of Hannahs had advocated reprimanding children when they were dishonest by putting a single red pepper flake on their tongues.) Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. us about an exoneration that we may have missed, Correct an error or add information about an exoneration According to her family tree, she married Larry D. Overton on August 9, 1997 in Texas . How had she known how much salt would kill him? The ministry's name Syndeo is taken from a Greek word meaning "to connect" or "be connected." Now, she is 8 years old. Overwhelmed, the Overtons sought guidance in prayer. A unique and lasting tribute for a loved one. Finally she relented, heating up what she had on hand: leftover vegetable-beef soup flavored with Zatarains Creole Seasoning. Weeping, they told the children that their brother had gone to be with Jesus. In October 2006 a four-year-old from Corpus Christi named Andrew Burd died mysteriously of salt poisoning. Disclaimer: We created this website to give you general information about a variety of criminal offenses and possible defenses that might apply to those charges. Mr. Overton continued in private practice until the age of 80. Hannah R. (Saem) Overton was born c. 1977. Dick and Sue Kemper; St. Christopher's School, Share to let others add their own memories and condolences. Thendistrict attorney Jimenez did not publicly disclose the reasons for the termination, but it occurred one week after Eastwood informed her superiors that she had been romantically involved in the past with a sex offender; she reported that she feared the information had been used by the offenders defense attorney to get him probation in a criminal case. But there were many other things she had missed from behind bars. Yet her life behind bars, however incongruous, has taken on its own rhythm. She is also qualified to receive insurance and education benefits. He was such a kind person and always had a smile on his face. I was assured that they would be seeking lesser charges. During the trial, he said, I sat at the courthouse for five days, waiting to testify. The Overtons have said they believed he instead had a rare medical conditioncalled hypernatremia that caused the fatal sodium levels. And given that abuse and neglect during the first year of life can profoundly affect behavioral development, they were not surprised that Andrew was different. A colleague of mine who attended the trial told me that the prosecution described Andrew again and again as a normal child, and that is a great distortion of the truth. I remember many lively discussions with Cabell and Dabney about the history of Virginia and North Carolina. He hoarded food and sometimes ate from the trash, she warned, and he threw intense temper tantrums, which could be tamed only by holding and rocking him. But the damage was done: that Hannah had confessed to force-feeding Andrew and beating him was repeated, uncorrected, on the local news. She was born April 24, 1945 to Dabney Overton Sr. and Henrietta Mallory Overton and grew up in Warsaw, VA. She was graduated from St. Margaret's School in 1963 where she was awarded the Bishop's Prize all four years. No amount of money will ever bring back the years that were taken away, and the seven years of freedom I lost. Not long afterward, Larry and Hannah heard about Andrew at their church, Calvary Chapel of the Coastlands, which Andrews foster mother also attended. Both Larry and Hannah had done missionary work, and as a teenager, Hannah had spent holidays volunteering at an orphanage across the border, in Reynosa, where she had fed, bathed, and ministered to kids who had been living on the streets. Hess, who investigated child abuse cases for the police forces family violence unit, had a very different impression of Hannah. Before we ever tried to adopt, we had been warned that this was going to be difficult, that this was not going to be the Little Orphan Annie story, Larry told me. Those charges were not considered double jeopardy because Overtons conviction was overturned by the higher court on the basis of ineffective counsel, which granted her a new trial. — -- Murder charges against Hannah Overton, a south Texas mother of five who had been convicted in the 2007 salt poisoning trial in the death of her foster son, have been dismissed by the . We report on vital issues from politics to education and are the indispensable authority on the Texas scene, covering everything from music to cultural events with insightful recommendations. I feel honored to have shared his presence. A Right-wing Cabal Took Over Odessas Municipal Government. He. Think of your other children, she urged the couple. He didnt drink or smoke, and the bands he listened to sang about glorifying God. Our thoughts and prayers are with you and your family during this difficult time., With love and warm memories of our Cousin Pete. Early in the pregnancy, Hannah and Larry were informed that the boy would likely have Down syndrome. Hannah must sit on the opposite side of a metal divider, behind Plexiglas. Before he left, Haller recalled his saying, You might want to prepare for the media.. I was lucky enough and feel so honored to have been loved by Dabney. What a loss for all of us; he will be missed. Copyright 2023 Echovita Inc. All rights reserved. Both womens accounts were problematic; Gonzalez had never made a statement to police and was testifying from memory after nearly a years worth of negative media coverage, while Zapata had failed to mention anything about Hannah smirking when she wrote her initial report about the incident. One of the recent fundraising efforts involves providing "chill towels" to incarcerated women this summer because most Texas prisons are without air conditioning. Hannahs mother and stepfather, Hannah, Larry, and the kids on Mothers Day 2006. To the Overton Family and friends of Dabney: I first met Dabney in the fall of 1972 when he was in fourth grade at Aylett Country Day School. I enjoyed each conversation we had about fishing, sailing and other things we both were interest in. In May 2017, Nueces County District Attorney Mark Gonzalez officially declared Overton innocent in the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry Overton, were in the process of adopting before he died more than 10 years ago. May God bless you and. His tantrums grew longer and more extreme, and he often banged his head against the floor. The particulars of her crime, as sketched out by the prosecution, were vague; assistant district attorney Sandra Eastwood, a passionate child advocate, conceded in opening arguments that she was not sure how Hannah had made Andrew eat so much salt. Today I will thank God that I knew Dabney, if only a little. I feel at such a loss, as do all of us who were fortunate enough to have been graced with Dabney's presence. Menu. My two boys will remember him always as "that tall man with the super cool motorcycle". At the time, Overton had four children and was pregnant with a fifth, and had no prior trouble with the law. Overton was convicted of capital murder after being accused of force-feeding Burd enough sodium to kill him. Authorize the publication of the original written obituary with the accompanying photo. I see Dabney very clearly at the dog park with Moose and Betsy, gliding along with that long stride of his and his big smile for everyone. In his role as single dad, he is aided by his extended family and his many friends from Calvary Chapel, who pitch in to do cleaning, grocery shopping, laundry, and babysitting. Hannah understood little of what had taken place except that she, her mother, and her brother had to leave Corpus Christi behind. Left: Andrew and Isabel playing together. She had a way with Michael that even my wife and I didnt completely understand, his father, Richard, told me. The experience had affected her deeply, and she told Larry that she was willing to adopt a child with disabilities or an older child who had been unable to find a permanent home. He will be dearly missed. If you would like to discuss your case with an attorney at Goldstein & Orr, then please contact us to schedule a consultation. Did you at any time strike him? Hess asked. Hannah and Larry had taken her in after her marriage ended in divorce, giving her their extra bedroom while she got back on her feet. I think I'll always remember him as simply super cool himself. Any God, Christian or not, would have wanted a better mother for Andrew.. As Andrews condition deteriorated, CPS barred the Overtons from visiting their son. Hannahwho had already lost a child and was now living apart from her four older oneswas in a fragile state of mind. We have a child that was well until that afternoon, that had behavioral issues, that was having temper tantrums, that was then given something . We were just waiting for someone to look at it and say this is just an accident, Larry Overton added. Larry and Hannah knew that Andrew loved Spider-Man, so they made sure to have all manner of Spider-Man-themed necessities for him: sheets, pajamas, a toothbrush, a towel, a swimsuit, and even a plate embossed with the superheros image. Over the course of the three-week-long trial, Eastwood sought to convince jurors that a mother with no history of violence or mental illness had force-fed her child to deatha scenario that each prosecution witness helped, incrementally, to suggest was possible. Her bedroom was just a few feet away from the childrens rooms, which were always open; their doors had been removed so that the kids could easily come and go as they pleased. For us to go to [the clinic] was a lot faster than it would have been had we called, at that point., As we talked about Andrew, she had to stop several times to compose herself. Hannah Overton announced the birth of her sixth child,Gabriela Aliana, this week in a Facebook post that described a difficult delivery. I will always remember Dabney's love of animals, nature and good music. He was a Southern Gentleman and true Virginian who touched the hearts of many. . movie nights, waking up to their beautiful faces. The Court of Criminal Appeals is currently reviewing her writ, which contends that the information about Andrews gastric contents are grounds for a new trial. Benign conditions and life-threatening conditions look the same in the beginning, he said. Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. He was a good friend and a great dancer!! When Emma took her first steps, Larry brought her to the parking lot outside the county jail so that Hannah could watch from her cell above. . Overtons conviction and sentence were upheld on appeal. On several occasions his fits had grown so extreme that she had resorted to asking a male parishioner to physically remove him from the classroom until he could regain self-control. Andrews adoption hadnt been finalized, Haller said. Take it one day at a time. After he completed his probation, the charges were dismissed. Dabney was born on July 31, 1963 and grew up in Essex County, Va. As you know, Dabney and I had a lot of good times and he was a dear friend and fraternity brother. I am so sorry to hear the news. Afterward, she instinctively looked back to check on the children, not realizing that her face was covered in blood. Our paths crossed later in life and we renewed our friendship. Then, abruptly, Andrew grew quiet and stumbled to the floor. Peace & Strength to your family at this time. That Larry is able to be with the children at all, much less raise them, is a huge blessing, he told me. But after the girls, the Overtons conceived their fourth child, Sebastian. I worked with Dabney in the mortgage industry a few years ago and he was everything you described. This is where Andrew used to sleep, Isaac told me softly as he led me into the boys room. During closing arguments, Gilmore emphasized that Hannah had no motive to kill Andrew and that the state had failed to prove that she had intentionally caused the boys death. Dabney always took time to talk to people and was a friend to many. Finally he agreed to plead no contest to criminally negligent homicide. It is unclear, read the courts ruling, whether the state actually knew of Dr. Cortess opinion. The court also ruled that the wording of the jury charge was free from error. The Texas Court of Criminal Appeals declined the opportunity to reconsider the decision. But Hannah, who was bewildered by Andrews condition, had no ready answers. I am over the moon that Hannah has been granted compensation by Texas for her wrongful imprisonment, Orr told ABC News. The daughter of a pastor and a homemaker, she had grown up longing for the companionship and boisterous energy of the big, churchgoing families she saw around her. In the context of a criminal investigation, the calm that she had always exhibited in the midst of crisis was suddenly a liabilityan indication, perhaps, that she was cold-blooded enough to have killed a child. The best memory is of riding camp the following summer when Dabney and a friend opted for motorcycle helmets rather than riding hard hats. It was like they were arresting Bonnie and Clyde, Gilmore said. Not until shortly before closing arguments did jurors hear from the defenses expert witness, a Harvard-educated pathologist and assistant medical examiner in San Francisco, Judy Melinek, who offered her opinion that the sores were consistent with mosquito bites that had been scratched and picked at. But after Hannahs conviction, the DAs office offered him several plea deals, each of which required him to acknowledge that he had intentionally caused Andrews death. I am truly shocked and saddened to hear of Dabney's passing. The very dilute gastric sodium contents suggest . I wouldnt give up that time we had with him and that he had with us.. Our thoughts, hugs and prayers are with you. Corpus Christis introduction to Hannah came the following week, when she and Larry were arrested and led past a bank of TV cameras outside the Nueces County jail. Top: A family birthday celebration in the summer of 2006. Turn on desktop notifications for breaking stories about interest? He reached Doug Norman, who was part of the prosecution team at Hannahs trial and who is now responsible for fighting her appeal. He will be missed. Leave them blank to get signed up. We were in it for the long haul.. Against the backdrop of possible abuse, authorities wasted little time. Share Obituary. The website is updated daily, frequently with exonerations that occurred in the past. He displayed hyperactive behavior and possibly had some cognitive delays as well. The doctors assessment of Andrew as developmentally delayed was significant because it dovetailed with Hannahs testimony. City Employees Are Heading for the Exits. Because we were not thinking we were in a life-or-death situation, she insisted. Kids loved her. My Mother and Father will miss his visits to the house and his heartfelt caring and concerns for all of us. The churchs pastor, Rod Carver, and his wife, Noreen, had initially considered taking in Andrew but ultimately decided he was more than they could handle. There are two phones that the kids can speak into, and they eagerly pass the receivers back and forth, recounting the months events in stereo. He was a good guy and a good friend. I also could never begin to thank those who supported us, prayed and prayed for us, and walked with us along the entire way, Overton said. She is awakened every morning at 2:45 a.m., rarely sleeping well; the overhead light above her bed never shuts off, and announcements blare throughout the night over the loudspeaker. They wed a year later and moved to Corpus Christi. After examining Andrews medical records, he had determined that the boys death was likely accidental. Haller was stunned by the accusation. His mother was just sixteen, the file shows, when she gave birth to him in Corpus Christi on July 28, 2002. Despite all the pain, she told me that if she could do it over again, she would not change their decision to bring Andrew into their home. At 4 a.m., she reports to the laundry, where she folds shirts and hands out clean clothes to inmates. Overton's original trial attorneys admitted at an appeals hearing that they had made errors. Larry and Hannah were granted supervised visits. In lieu of flowers, donations can be made to Victory Junction, 4500 Adam's Way, Randleman, NC 27317, https://victoryjunction.org or the Charlotte Humane Society, 1348 Parker Dr., Charlotte, NC 28208, https://humanesocietyofcharlotte.org, in Pete's name. How had Hannah, who was six months pregnant and recovering from whiplash, managed to overpower Andrew? We welcome new information from any source about exonerations already on our list and about cases not in the Registry that might be exonerations. Andrews foster mother, who had provided refuge to roughly three hundred children over three decades, was also supportive. I remember him as a fun loving gentle person that loved life. Moritz, in fact, had been asked to testify as an expert witness for Hannahs defense at her trial. Dabney is a graduate of Aylett Country Day School, St. Christopher's School, and Washington and Lee University. The supervisor suggested that Andrew might have an eating disorder called pica, which is characterized by a desire to consume things that have no nutritional value, and she recommended that he be evaluated by a specialist if his behavior continued. As the verdict was read, Hannah looked horror-struck. We spoke last Tuesday about a biking trip we had plan in the spring to Cherokee,N.C. When Andrews condition worsened, she and Larry had debated whether to call 911 or go to the nearby urgent care clinic, a concern because Andrew lacked health insurance. At a subsequent family court hearing, in which Hannahs civil attorney argued that she should be given access to the infant so that she could continue nursing her, Judge Lewis returned Emma to her parents, but with conditions. The case boils down to a woman who basically tortured a child, Eastwood continued. The following day, family court judge Carl Lewis awarded temporary custody to Hannahs mother and stepfather. He defecated on the floor of his bedroom, then smeared feces on the bed, the dresser, and the walls. The Overtons are nurturing, loving, patient, and very family-oriented, an adoption supervisor noted in her paperwork. Yet the image they conjuredof a woman grinning at the sight of a comatose four-year-oldwas devastating. Myron F. Overton June 29, 1935 - June 6, 2013 Myron was born in Bakersfield, California to his loving parents Earl C. and Hazel J. Overton. . There was a dead child, he observed. Dabney Overton III Birth 30 Jul 1963 Death 9 Nov 2009 (aged 46) The writ is the final opportunity a defendant has to introduce new evidence into the record. But law enforcement officials are accustomed to handling child abuse cases, not medical mysteries, and salt poisoning is rare enough that most emergency room doctors will never encounter a case during their careers. I can do all things through Christ who strengthens me, Hannah would remind him, quoting Philippians. Or had the tragedy claimed its second victim? Shana Druckerman contributed to this report, 24/7 coverage of breaking news and live events. But others at Calvary Chapel expressed their concern. Hess and a group of CPS workers were standing in the back with dark glasses on, their arms crossed, scowls on their faces, Carver said. Its daily. Obituary - Middle Island, L.I., December 5 - Mrs. Hannah M. Overton died yesterday morning after a short illness. They speculated Andrew might have had pica, an eating disorder characterized by an obsessive appetite and that Andrew accidentally poisoned himself by consuming a fatal amount of sodium. Its not even a consideration, she said. Hannah and the girls, who complained of feeling achy, were taken to the hospital in an ambulance while Larrys parents picked up the rest of the family and, after dropping Larry off at the hospital, took the boys to a nearby Whataburger. Before she was led away in handcuffs, the couple embraced for several minutes, overcome with emotion. I knew Dabney as a friend of my daughter, Stephanie. Then he corrected himself. The boy was diagnosed with a toxic salt overdose and died the following day. Veteran defense attorney John Gilmore, whom the Overtons had retained using funds raised by their church, was stunned to learn of the arrests from reporters, who called asking for comment. It was a catastrophic decision. More outspoken was Andrews Sunday school teacher, who sat Hannah and Larry down and told them that he was a troubled kid. That official statement granted her access to state funds that are provided to the wrongfully convicted and also prevented her from being tried for the crime again. It did not matter that Haller, who had seen Andrew in the days leading up to his hospitalization and who was frequently in the Overton home, had never observed any suspicious bruises or indications of abuse. Andrew spent his first night at the Overtons modest ranch-style house on Mothers Day, when he was two months shy of his fourth birthday, and he seemed to quickly grow attached to his new family. Because he felt cold? He suspected that as the boys condition worsened, Hannah had fallen victim to what he calls stress blindness, a phenomenon he had witnessed many times during his 42 years of practicing medicine. But was this churchgoing young woman a vicious child killer? Larry with (from left) his children Ally, Isaac, Sebastian, Emma, and Isabel. The Overtons live in East Texas and told ABC News they have housed and supported prisoners after their release through their non-profit organization, Syndeo Ministries.
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