The Free Press, Mankato, MN

Local News

January 5, 2009

Former day care provider gets prison term

Insists infant's massive head injuries were accidential

By Brian Ojanpa

GAYLORD — A former Henderson day-care provider has been sentenced to a 41-month prison term for severely injuring a child in her care.

Jennifer Schmitt, 35, was sentenced Monday in Sibley County District Court for the April 2007 incident in her home.

Lucas Henze of Le Sueur, then 8 months old, received massive head injuries and initially was not expected to live.

He remains severely disabled and will require care the rest of his life.

Schmitt had pleaded guilty using an Alford plea, in which a person can maintain a claim of innocence but admits enough evidence exists for a court to reach a verdict of guilty.

In her courtroom statements Monday, Schmitt professed profound remorse and claimed the boy’s injuries were received when she accidentally dropped him.

A medical examination of the boy concluded his injuries indicated child abuse and not accidental trauma.

The 41-month term is called for under state sentencing guidelines for felony malicious punishment of a child, the charge Schmitt pleaded guilty to. Of her sentence, about 27 months are to be served in prison and 14 months on supervised release.

In their victim-impact statements Monday, parents Kim and Bryan Henze said their lives have been forever altered by Schmitt’s actions.

“She has given my wife and I a life sentence with Luke,” Bryan Henze said.

Kim Henze spoke of being told early on by doctors that her son likely wouldn’t survive his injuries.

“This is the nightmare I live with every day,” she said. “Our family has gone forward and made a new life for ourselves, but it’s a life we did not choose.”

Then alluding to Schmitt: “Punishment can never be enough for what has happened to Luke.”

The boy, now 21⁄2, undergoes daily therapy and requires constant care.

A battery of his therapists testified Monday the outlook for long-term improvement isn’t encouraging, and he’ll require therapy and physical care the rest of his life.

Several of Schmitt’s relatives and friends spoke on her behalf, all saying they know Schmitt to be loving, caring person with children, and all saying they believe her claim it was an accident.

“Jennifer does not have it in her heart to intentionally hurt a child,” her husband, David, told the court.

He spoke of the daily angst his wife has lived with since the incident.

“Since then, Jennifer has had a severe phobia of even holding another child for fear of dropping it,” he said.

Jennifer Schmitt told the court that since the incident she has become an outcast in her community and is reluctant to leave her home.

“I don’t feel I can say I’m sorry enough ... I dropped him and he fell, and no one wants to believe what happened. You can hate me for the rest of my life, but hate me for what actually happened ... it was an accident.”

The boy’s injuries included skull fractures, severe hemorrhages and brain damage, and a broken arm.

Judge Terrence Conkel said he imposed the presumptive sentence of 41 months — the maximum for the crime — because he determined there were no compelling factors to deviate downward.

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