John Pudelski

Timeline

• March 16, 1999 — Sarah Pudelski was admitted to Hillcrest Hospital at 37 weeks pregnant under the care of Dr. Daniel Aronson.
• March 29, 1999 — At approximately 7:00 am, Sarah alerted John that Elly appeared unresponsive and cold; John called 911 and attempted resuscitation.
• March 30, 1999 — Dr. Joseph Felo began Elly's autopsy.
• April 1, 1999 — John was arraigned.
• April 2, 1999 — Dr. Felo concluded Elly died as a result of cerebral edema due to a single blunt impact to the head with a skull fracture and scalp hemorrhage.
• September 19, 1999 — John was sentenced to a term of fifteen years to life.

Background

John Pudelski was an engineer, and Sarah Pudelski was his wife. Elly Marie Pudelski was their infant daughter.

The death was first described as sudden infant death syndrome (SIDS), the medical term used for unexplained infant deaths. After a coroner noticed a linear fracture on the right side of the baby's skull, the death was classified as a homicide.

John denied hurting the baby when questioned by police. He admitted he was the last one to see the baby alive. John's wife agreed that he was the murderer and filed for divorce days later.

The defense claimed the injury to Elly's head was caused by difficult childbirth, with Sarah's labor induced because of high blood pressure and a Cesarean section performed 30 hours later. The prosecution said that after Elly's birth, a doctor evaluated the baby and concluded that she was fine. Sarah claimed the child was in good health.

The offence

John Pudelski was charged with premeditated murder and/or felony murder. The jury returned its verdict acquitting John of aggravated murder, finding John guilty of murder. The outcome resulted in a sentence of fifteen years to life.

Investigation

A coroner noticed a linear fracture on the right side of the baby's skull, and the death was classified as a homicide. At police request, Sarah and John went to Euclid Police Station. Upon entering the police station, the Pudelskis were separated, with Sarah going with Sergeant Pestak and John going with Jorz and Lt. Brooks.

When Jorz confronted John with unexpected distressing information, John explained the circumstances of Elly's birth and the prolonged labor before it. Jorz told John this was a more recent fracture and that when John could offer no explanation for a recent fracture, Jorz read John Miranda warnings, providing him with a corresponding form to sign. After reviewing the form, John requested to speak with a lawyer, after which John was no longer free to leave. Jorz concluded Elly had been murdered and arrested John for this crime.

Dr. Joseph Felo, a Cuyahoga County deputy coroner for approximately nine months, began Elly's autopsy on March 30, 1999. Dr. Felo did not review nor did he have knowledge of Sarah's complicated and prolonged labor, accepting as true (incorrect) statements from Euclid Police relating a normal birth. Dr. Felo did not review any medical records prior to performing his autopsy.

X-rays revealed a linear, four inch skull fracture with no gross intracranial injuries on the side of Elly's head without signs of healing. Dr. Felo estimated the death occurred three to four hours following the "injury." Dr. Felo claimed that Elly died close to 3:00 am. Dr. Felo ruled out SIDS as the cause of death and concluded on April 2, 1999 that Elly died as a result of cerebral edema due to a single blunt impact to the head with a skull fracture and the scalp hemorrhage.

The coroner's office conducted no independent investigation nor did it interview Sarah or John.

Arrest

John was arrested after Jorz concluded that Elly had been murdered. He was arraigned on April 1, 1999.

Trial

John's attorney said he would appeal the conviction. John's defense consisted of evidence from three medical experts and character testimony.

One of the defense experts, Dr. Robert Kiwi, chief of obstetrics and gynecology at University Hospitals of Cleveland, concluded that Elly's skull fracture was more likely than not to have occurred at the time of birth rather than as an acute injury at or near the time of death because he did not see any evidence that this was an acute injury. Dr. Jan Leesma, board certified in anatomic pathology and neuropathology, testified that Elly did not die as a result of blunt force trauma leading to cerebral edema, but with the trauma of the birthing process causing the skull fracture. Dr. Michael Baden, board certified in anatomic pathology, clinical pathology, and forensic pathology, found Elly's brain normal at autopsy (and during life) and that she did not die of any brain abnormality, nor was her death a homicide.

John's character witnesses included his employer, his former wife, his former mother-in-law, and his mother.

After the submission of the defense exhibits, John rested and renewed his motion for Judgment of Acquittal, which the trial court overruled. The State presented rebuttal evidence challenging the medical testimony of Drs. Kiwi, Leesma, and Badin.

The jury returned its verdict acquitting John of aggravated murder and finding John guilty of murder.

Following the verdict, John filed a motion for Post-Verdict Judgment of Acquittal on in the alternative for a New Trial, and the court denied it. John filed a second motion for New Trial based on Newly Discovered Evidence, photographs taken the day after Elly's birth. The photographs showed a large bruise on Elly's head that had been overlooked by all of the state's witnesses who testified that such a bruise did not exist.

The trial court concluded a two-day hearing where additional medical experts testified and a computer generated digital recreation confirmed the fracture's location underneath the bruised area as reflected in the newly discovered pictures, further supporting the defense evidence that the fracture was caused at birth. The trial court overruled John's motion for new trial.

John timely appealed the Judgment of Conviction and the denials of his motion for new trial.

Sentencing

The trial court sentenced John to a term of imprisonment of fifteen years to life. The sentencing occurred on September 19, 1999.

Outcome

The jury acquitted John of aggravated murder and found him guilty of murder. John was sentenced to a term of fifteen years to life.

Other details

John volunteered to feed Elly around 12 a.m., the first time, according to his wife, that he fed Elly since she arrived from the hospital. Sarah claimed she was surprised by the gesture and went to sleep.

At around 7 a.m., Sarah claimed she woke up and immediately felt something was wrong when she realized Elly didn't wake up for a 4 o'clock feeding. Sarah claimed John was sound asleep.

Sarah claimed Elly was pushed up against one side of her crib's headboard and was cold to the touch. Sarah said she woke her husband, and he called 911.

John attempted CPR on Elly but Sarah claimed he tried to hide the baby during the procedure. According to a paramedic who arrived on the scene, John behaved strangely when asked about Elly.

Dr. Daniel Aronson diagnosed pregnancy-induced hypertension after admitting Sarah to Hillcrest Hospital. After 34 hours, Dr. Aronson determined that delivery by cesarean section was necessary. Dr. William Zaia, a neonatologist, was present in the delivery room. Elly was not breathing for the first minute of her life, and Elly needed to be "kicked started" through the use of an oxygen bag and a mask and vigorous stimulation.

Elly remained at the hospital until March 20, 1999, and was examined and observed by a variety of medical personnel whose reported findings were not totally consistent.

At around 7:00 am on March 29, 1999, after John called 911, EMS transported Elly to Meridia Euclid Hospital. Dr. Kerry Scott found no signs of life and pronounced Elly dead. Dr. Scott completed a form relating to Elly's death indicating no noticeable injuries and concluding sudden infant death syndrome (SIDS) as probably cause of death.

At the time, Dr. Joseph Felo began the autopsy on March 30, 1999, as described in the investigation portion. Jorz read John Miranda warnings and provided him with a corresponding form to sign during the police questioning.

In discussions of motives, Sarah claimed John was cold and cash-obsessed, never revealed how much he made as a computer engineer, and gave her a $10 a week allowance. Sarah claimed John didn't allow his daughters from another marriage to go outside and play with other children.

Co-workers at Highland Software Inc. continued to stand by the belief that John Pudelski was a good man and did not commit any crime. John's statement of innocence was described as "Innocent" by Inmates.org.

Following the submission of defense exhibits and the trial proceedings, a renewed motion for Judgment of Acquittal was overruled by the trial court. At no time did the state produce evidence, let alone beyond a reasonable doubt, that Elly's death resulted from or through criminal agency, and that John inflicted injury or caused the injury, all of which are necessary to sustain conviction.