Man will go to trial for son's death 
Judge: There is enough evidence to show 19-year-old may have battered his son to death

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Byline: Warren Cornwall  
Published: 06/26/98

REXBURG - Seventh District Magistrate Mark Rammell declared Thursday that he was certain a 2-month-old Rexburg boy had been beaten to death, and that there was enough evidence to think the boy's father probably did it.
After three days of emotional and at times gruesome testimony, Rammell's ruling will send 19-year-old Benjamin Genther to District Court, where he could stand trial on charges of first-degree murder, aggravated battery and injury to a child.
The judge noted that he must only determine whether the crimes were probably committed - not that Genther was guilty or innocent. But he said medical reports that William Genther died after suffering fractures, bruises, tears and bleeding throughout his body left little doubt that someone had killed the boy.
"That medical evidence is overwhelming and it's disturbing. It's a tragedy," Rammell said.
Speaking as much to the courtroom audience as the defendant or prosecutors, Rammell also said he was dismayed to hear that the boy's suffering went undetected. A number of the child's injuries were more than a week old, according to an autopsy report. The child had been seen by doctors at least five times before he died, according to testimony at the hearing. Witnesses, including the child's mother, grandmother, aunt, grandfather and two doctors, all said they had little or no suspicion of abuse before the child's death.
"All I can say, for heaven's sake, is with these tragedies I hope some kind of wisdom can be gained," Rammell said.
Madison County Prosecutor Sid Brown declined to comment after the ruling.
Brent Eames, one of Genther's attorneys, said he will file motions in district court asking another judge to reconsider Rammell's ruling and to suppress statements Genther made to police.
Eames said Genther will plead not guilty to the charges at an upcoming district court arraignment. No date has been set for the arraignment.
Genther has said that his son stopped breathing the morning of April 16, several hours after he accidentally dropped William while lifting the boy out of his crib, according to police. After further questioning, Genther also said that he shook the boy several times in an effort to resuscitate him. William died a day later at Primary Children's Medical Center in Salt Lake City.
Utah medical examiner Maureen Frikke has ruled the death a case of battered child syndrome. She reported finding extensive injuries, including more than 20 rib fractures, a broken leg and arm, bruises to the tongue, head and anus, a torn lip and bleeding in the head and lower spine. The final cause of death was bleeding in the skull caused by violent shaking, Frikke said earlier in the hearing.
On Thursday, testimony from a friend of Genther's suggested the defendant feared he would be arrested shortly after the child was hospitalized. Steve Wood admitted telling police that he watched Genther wash and try to burn baby clothes stained with blood on April 17.
Genther said he was doing it because "he didn't want them to have anything that could be used against him," and "he didn't want to get charged with first degree," Wood testified.
Defense attorneys spent the day emphasizing witnesses' claims that they never saw Genther abusing the child, nor did they see any injuries they suspected came from abuse.
Alan Genther, Genther's father, said William's teen-age parents appeared to be caring for the boy on the few occasions he saw them.
"As far as I was concerned, they looked like they was doing a real good job as parents," he said.
Dr. Gene Gates, a Rexburg pediatrician who twice examined William in the month before his death, said he saw no unusual bruising or injuries that raised fears of abuse. Medical records show Misty Genther, the boy's mother, never told Gates that she had earlier taken William to Madison Memorial Hospital after Genther said he accidentally knelt on the baby.
X-rays ordered by Gates eventually showed the broken leg. Gates said he received the diagnosis three days before the child's death. The radiologist who examined the X-rays never raised concerns that the fracture was abuse-related, the pediatrician said.
"I didn't suspect any abuse. Obviously with any child that does have a fracture, abuse is a possibility," he said.
In his closing arguments, Jim Archibald, Genther's other attorney, questioned whether prosecutors had shown that Genther meant to hurt the child. The charges, noted Archibald, allege that Genther intended to cause injury.
Brown countered that the long list of injuries and testimony, including statements Genther made to police, showed that the man had a history of being rough with the child.
"This child was tortured to death," Brown said.