Doctor testifies infant weighed less than half of birth weight in parents' murder trial

SAN DIEGO (CN) — A child abuse doctor testified in court on Tuesday that an infant who starved to death had completely fallen off her expected growth range and weighed less than half of her birth weight when she was pronounced dead.

The parents, Brandon Copeland, 25, and Elizabeth Ucman, 26, are both accused of murdering Delilah, who was nearly four months old when she died of starvation on Nov. 9, 2021. Copeland and Ucman, 21 and 22 at the time, respectively, were arrested the following day.

Dr. Shalon Nienow, who is a pediatrician with a specialty for child abuse and neglect, testified that the infant weighed about 3 pounds and 10 ounces when she died, compared to her birth weight of 7 pounds and 6 ounces.

Testimony from Nienow and evidence shown to jurors focused heavily on the expected growth rates of infants and where Delilah mapped onto those charts during several doctor visits and then at her autopsy. That data included weight, length and head circumference.

The baby appeared to be progressing normally according to the growth chart during her first two months of life, but on Sept. 20, 2021, she lost weight — going from 7 pounds and 11 ounces at her Aug. 9 appointment, to 6 pounds and 15 ounces. Weight loss for newborns is common in the first week of birth, but not after that, she said.

“Babies are never expected to lose weight,” Nienow said. “They’re supposed to gain weight consistently. Any weight loss is a problem.”

Something happened in the 42 days between those two doctor appointments that prevented Delilah from getting enough calories to grow, Nienow said.

Additionally, Delilah appeared dry and had a sunken fontanel, or soft spot on her head, which indicated dehydration, according to Dr. Sudha Amatya, who also testified.

Amatya testified that she told the new mother to bring her daughter to Rady Children’s Hospital for fluids. Amatya said that Ucman appeared concerned about her baby and willing to take Delilah to the hospital.

However, there were no other health records in Southern California of any follow-up doctor visits, Nienow said.

When asked by Deputy District Attorney Franciesca Balerio how important these growth rates are, Nienow said it’s one of the first things pediatricians are taught to monitor.

“The bread and butter of pediatrics is to monitor the growth of children,” she said. “For a three-month, three-week infant, we would expect an ideal body weight to be 13 pounds 13 ounces.”

Delilah should have weighed about 11 pounds, 11 ounces on the date of her death — 8 pounds more than her actual weight — if she had maintained her growth velocity, Nienow testified.

Delilah was getting so few calories that her head circumference had also fallen below the acceptable growth range, Nienow said. This indicates a prolonged period of starvation because the calories reserved for brain growth are among the highest priority, she said.

The infant also appeared to be pale-white and in a state of rigor mortis, indicating that she had been dead for several hours by the time first responders arrived at Copeland and Ucman’s apartment the night she died, according to police body camera footage that Nienow reviewed.

“What was notable was the fixed position of her arms,” Nienow told jurors. “When the baby is lifted from the ground, her limbs don’t fall due to gravity. She almost looks like a plastic doll, which indicates rigor mortis is present.”

Rigor mortis can take up to 12 hours before it stiffens the entire body.

Copeland and Ucman told police that they were in the shower for 30-60 minutes before they noticed their daughter unresponsive and not breathing. Police officers, who were first on the scene, attempted to revive her, but Nienow said that based on Delilah’s appearance in the body camera footage, she was already beyond resuscitation.

Autopsy photographs shown to jurors also revealed other major concerns about the baby, such as sunken eyes, sparse hair and a visible outline of her organs beneath her skin, Nienow testified.

The parents said that their daughter suffered from acid reflux and was frequently throwing up.

Defense attorneys for Copeland and Ucman have portrayed their clients as incompetent and mentally incapable of taking care of themselves, or their child. Ucman was unaware that she was pregnant until the day she went into labor, according to testimony from Nienow and one of Ucman’s coworkers.

The family’s apartment, located in City Heights, was in appalling conditions, with dirty diapers, spoiled food, pet feces, and garbage scattered throughout. Copeland and Ucman were supported by rental assistance and social workers who have testified during the trial that they tried to help the parents succeed.

Parker and Cutter have tried to portray the social workers and medical professionals as having failed the parents.

The trial is presided over by Superior Court Judge Robert Amador.

Copeland and Ucman, who were seated apart from each other, are being tried separately during the dual jury trial. They each face 25 years to life in prison.