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As defendant prepares to testify, medical examiner says story about baby's death doesn't add up

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By Alexandra Zayas, Times Staff Writer
Thursday, September 23, 2010

TAMPA — Donald Dankert gave an explanation when he brought his infant son to a hospital with no pulse. He will likely tell jurors that account when he takes the witness stand after lunch.

But there's no way his story matches up with the injuries that killed 4-month-old Dylan Dankert, a medical examiner testified Thursday.

The death wasn't an accident, Dr. Daniel Spitz said. It was a homicide.

Dankert told police and his family members that he was holding his baby when a dog barked and startled him. He said he dropped the infant and jerked up his leg as if to break the fall.

But on day four of Dankert's first-degree murder trial, Spitz described the injuries in detail: bruised head, torso and extremities, lacerated intestine, fingertip-shaped bruises, torn anus. (Dankert is not charged with a sexual offense.) Spitz said it looked like two impacts to the baby's abdomen, and that some injuries were older than others.

The baby's mother, Tanya Gruce, is charged with aggravated manslaughter but will be tried separately.

Spitz estimated that the fatal blow came four to six hours before the baby was taken to the hospital. Dankert said the incident he described happened one hour prior.

Spitz said he didn't think the child's injuries could have been caused by falling directly on Dankert's knee.

"That story could essentially be ruled out," Spitz said. "It was more of an aggressive impact — punch, kick, elbow, knee. Something along those lines, with force."

Alexandra Zayas can be reached at azayas@sptimes.com or (813) 226-3354.


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