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Babysitter pleads guilty to manslaughter for 2019 death of a man she injured as a baby in 1984

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FORT LAUDERDALE, Fla. (AP) — A former babysitter pleaded guilty to manslaughter Wednesday for the 2019 death of a man she was accused of disabling as an infant 40 years ago.

Terry McKirchy, 62, accepted a plea deal for the death of Benjamin Dowling, who died at 35 after a life of severe disabilities caused by a brain hemorrhage he suffered in 1984 when he was 5 months old while at McKirchy’s suburban Fort Lauderdale home. Investigators believed she caused the injury by shaking him.

In a letter of apology read to Dowling’s parents by her attorney, assistant public defender David Fry, McKirchy said she was feeling overwhelmed and exhausted by taking care of numerous children and struck him, causing his injuries.

McKirchy, who now lives in Sugar Land, Texas, was indicted with first-degree murder by a Broward County grand jury three years ago after an autopsy concluded Dowling died from his decades-old injuries. He never crawled, walked, talked or fed himself, his family has said.

She voluntarily entered the Broward County Jail on May 29 after having been free on $100,000 bail since shortly after her indictment.

This isn’t the first time McKirchy has taken a deal in connection with Dowling’s injuries, receiving an exceptionally light sentence after pleading no contest to attempted murder in 1985. Then six months pregnant with her third child and facing 12 to 17 years in prison, she was sentenced to weekends in jail until giving birth. She was then freed and put on probation for three years.

At the time, she insisted she was innocent, telling reporters that her “conscience is clear.” She said then that she took the deal because wanted to put the case behind her and be with her children.

Prosecutors called the sentence “therapeutic” but didn’t explain at the time. Ryal Gaudiosi, then McKirchy’s public defender, said the sentence was “fair under the circumstances.” He died in 2009.

Rae and Joe Dowling had been married four years when Benjamin was born Jan. 13, 1984. Both Dowlings worked, so they hired McKirchy, then 22, to babysit him at her home.

Rae Dowling told investigators that when she picked up Benjamin from McKirchy on July 3, 1984, his body was limp and his fists were clenched. She rushed him to the hospital, where doctors concluded he had suffered a brain hemorrhage from severe shaking. McKirchy was arrested within days.

The Dowlings told reporters in 1985 they were stunned when prosecutors told them minutes before a court hearing of the plea deal McKirchy would receive.

The Dowlings said in a 2021 statement that Benjamin endured several surgeries in his life, including having metal rods placed along his spine. He got nourishment through a feeding tube and attended rehab and special schools. The Dowlings had two more children and would take Benjamin to their games and performances. The family moved to Florida’s Gulf Coast in the late 1990s. He died at their home on Sept. 16, 2019.

“Benjamin would never know how much he was loved and could never tell others of his love for them,” they said. “Benjamin did smile when he was around his family, although he could never verbalize anything, we believe he knew who we were and that we were working hard to help him.”

Shaken baby syndrome first gained national attention in the 1970s as an explanation for the sudden deaths of infants and young children who had no outward signs of abuse. It would be diagnosed if the child had swelling of the brain, bleeding on the brain’s surface and bleeding behind the retinas.

But over the past 25 years, research has shown that those symptoms can also be caused by genetic problems, disease and accidents. The University of Michigan’s National Registry of Exonerations lists 29 shaken baby convictions that have been overturned since 2000.

The American Academy of Pediatrics, which now uses the term “abusive head trauma,” says about 1 in 3,000 babies under 1 are abused annually by shaking and about a quarter of those are fatally injured.

It says doctors should be alert to bruising of the torso, ears and neck in children under 4 years old and any bruising in infants younger than 4 months as signs of possible shaking.

The Canadian Press. All rights reserved.

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EU chief says she’s pushing full steam ahead for gender parity in EU’s executive office

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BRUSSELS (AP) — European Union chief Ursula von der Leyen said Wednesday she is doubling down and pushing full steam ahead to achieve gender parity in her executive Commission team that runs the day-to-day affairs of the massive bloc — despite stubborn resistance from some of the 27 member states.

The German, who is setting up the college for her second five-year mandate, may be beholden to the candidates that each member state chooses to provide.

But she has been twisting arms in capitals to make sure that the original tally of 21 men and 6 women changes to at least a semblance of balance. In her first term, she achieved near gender parity among EU commissioners.

“I have throughout my whole political life been fighting for women having access to decision-making positions and leading positions,” von der Leyen told reporters. “My experience is that if you don’t ask for it, you don’t get it. It does not come naturally.”

She sent the member states a letter insisting she should have a choice between at least one man and a woman, giving her some leverage though legally she has no right to insist on such a gender constraint.

Without the letter, she said she would have faced a fait accompli of having the most lopsided male-dominated Commission in over two decades. Now, at least she is continuing the fight.

“It is absolutely worth it. The process is ongoing. By now we are at two digits — women — but I haven’t seen all potential candidates, she said.

When it comes to gender issues, the 27-nation EU is often seen as perhaps the most progressive grouping of countries in the world, leaving behind other nations and continents where the dominance of men in political institutions is still the order of the day.

She acknowledged that government leaders are often restricted in their choice by national politics giving one party the right one year, and another the next time. If not governments, parliaments can also get involved — making life even more difficult.

And quality is equally important, she said. “The Commission needs competence,” she said, calling it “the first and most important criterion.”

So far though, the EU will have several women — there is the president of the European Parliament, Roberta Metsola of Malta, and foreign policy chief Kaja Kallas from Estonia, along with von der Leyen’s top posting.

Once von der Leyen completes the mix and match of political group, nation and post, the full list goes to the European Parliament for approval. Each prospective commissioner can still be rejected by lawmakers. There is no set date for when a vote will happen, but debate will continue for most of September.

The Canadian Press. All rights reserved.



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After the king’s endorsement, Thailand has a new Cabinet but with some familiar faces

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BANGKOK (AP) — Thailand on Wednesday welcomed a new Cabinet after King Maha Vajiralongkorn approved the appointment of 35 members to serve under Prime Minister Paetongtarn Shinawatra.

Paetongtarn took office on Aug. 16, after her predecessor, Srettha Thavisin was forced out of office by a court ruling that he had violated an ethics law by appointing a Cabinet member who had served time in prison in connection with a bribery case. She is the daughter of former Prime Minister Thaksin Shinawatra, who was ousted by a military coup in 2006 but remains politically influential.

Paetongtarn is leader of the Pheu Thai Party, which took power after last year’s general election. It formed a government after members of the conservative Senate refused to endorse the prime minister nominated by the progressive Move Forward Party, which won the most seats in the poll.

The new Cabinet is substantially the same as Srettha’s, with five of the deputy prime ministers retaining their jobs. Also keeping their jobs are Interior Minister Anutin Charnvirakul, and Finance Minister Pichai Chunhavajira, who are both also deputy prime ministers, as well as Foreign Minister Maris Sangiampongsa.

The new Cabinet’s royal endorsement, published in the government gazette, followed weeks of speculation over its composition after the pro-military Palang Pracharath Party was removed from the ruling coalition that Srettha had formed. The party and its leader, retired General Prawit Wongsuwan, were widely believed to be behind the ethics case brought before the Constitutional Court that cost Srettha his job before he completed a full year in office.

Paetongtarn’s Pheu Thai party invited its long-time rival, the Democrat Party, to join the governing coalition, with party leader Chalermchai Sri-on appointed Minister of Natural Resources, a post previously held by Prawit’s brother.

Pheu Thai’s predecessor, the Thai Rak Thai Party, ended years of Democrat domination of electoral politics in 2001 when its billionaire founder and leader, Thaksin, became prime minister. After Thaksin was ousted in 2006, the Democrats linked up with other conservative forces in Thai society to try to thwart a comeback of his political machine. Thaksin’s ouster triggered years of struggle between his supporters and his opponents, in the streets, in the courts and at the ballot box.

Because Srettha lost his position over an ethics issue involving a Cabinet minister, Paetongtarn’s appointments were vetted to ensure they were free of legal problems.

Srettha’s Deputy Interior Minister Chada Thaised, once accused of ordering two murders in the early 2000s, was replaced by his daughter Sabida, while Agriculture and Cooperatives Minister Thammanat Prompao, who was jailed in Australia for heroin trafficking in 1994, also lost his seat.

“There’s a lot of openings in the constitution for all sorts of ethics probes, and the Constitutional Court has great power in interpreting the constitution,” commented Prinya Thaewanarumitkul, a law professor at Thailand’s Thammasat University. Terms used by the court, such as “evidently honest” and “ethical standards,” are entirely subjective, he told The Associated Press.

“It’s all systemic. When you have vengeful people and a court with power to rule over entirely subjective matters, the Pheu Thai party won’t have any problems with the opposition in Parliament. It would have problems with all the people they’ve upset, launching petitions that put them into the courts’ hands,” he said.

The Canadian Press. All rights reserved.



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The AP Interview: East Timor president sees pope stop as opportunity, not time to dwell on past sins

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DILI, East Timor (AP) — The president of East Timor sees Pope Francis’ upcoming visit as a prime opportunity to promote Asia’s youngest country on the world stage, not a time to confront the legacy of abuse by influential members of the clergy in the deeply Catholic nation.

During an interview Wednesday with The Associated Press, President José Ramos-Horta also predicted progress soon on a major energy project with Australia, and urged China and the United States to act as “benevolent superpowers” as they compete for influence in the Southeast Asian country.

The 74-year-old former independence fighter and Nobel laureate returned to the presidency in 2022 with campaign pledges that included tackling poverty, creating jobs and improving political stability.

Francis is due to arrive Monday in the impoverished and youthful nation of 1.3 million people, also known as Timor-Leste, following visits to Indonesia and Papua New Guinea. Walls are still being dabbed with fresh paint and banners and billboards seemingly everywhere have been hoisted to welcome the pope.

An estimated 700,000 people are expected to participate in a papal Mass the following day in the seaside capital, Dili, and many others are likely to line the streets try to catch a glimpse of the pope.

The visit is a “reward” for the depth of faith shown by Timorese, some 98% of whom identify as Catholic, and recognition of the progress toward peace the country has shown in recent years, Ramos-Horta said.

There’s another benefit for the little-known nation, a former Portuguese colony wedged between Indonesia and Australia: “The pope’s visit is the biggest, the best marketing anyone can aspire to to promote the country, to put the country on the tourist map,” he said.

The visit comes just days after the president and Prime Minister Xanana Gusmão, a fellow former resistance leader, hosted United Nations Secretary-General António Guterres to mark the 25th anniversary of a U.N.-backed referendum that led to East Timor’s independence from neighboring Indonesia in 2002.

It will be the first time Pope Francis has encountered the Timorese faithful since the Vatican acknowledged in 2022 that Bishop Carlos Ximenes Belo, another hero in the country’s struggle for independence, had sexually abused young boys.

Meanwhile, a popular American missionary priest revered for his role saving lives in the liberation fight, Richard Daschbach, is serving a 12-year sentence in a Timorese prison for molesting disadvantaged girls.

The pope has met with abuse victims in other countries, but it’s not clear if he will do so or address the matter publicly in East Timor.

Belo and Ramos-Horta shared the 1996 Nobel Peace Prize for their efforts toward “a just and peaceful solution to the conflict in East Timor,” which was deeply scarred by a brutal Indonesian occupation and bloody liberation struggle that followed the country’s break from Portugal in 1975.

Both men still command respect, alongside other independence heroes, given their and the church’s resistance to the occupation, in which as many as 200,000 people were killed. Many Timorese doubt or are willing to look past the serious charges involving Belo, who was secretly sanctioned by the church and is banned from voluntary contact with minors.

“We leave it entirely to the pope and the people around him on how to manage this,” Ramos-Horta said when asked whether Francis should address the history of sex abuse during his visit, adding that he knows that “the Vatican takes it seriously.”

“What is a concept of justice is fairness. People, yes, continue to deeply respect Bishop Belo for his courage, his contribution to their struggle. He sheltered people, he saved people and people don’t just forget that … or castigate him, ostracize him,” the president said.

No further condemnation is needed because the Vatican has already taken action, Ramos-Horta said. Having the pope raise the matter during his visit “would be like trying someone twice.”

East Timor struggles with high levels of unemployment and malnutrition, and 42% of the population lives below the national poverty line. Nearly two-thirds of the country’s citizens are under 30 years old, making youth job creation a high priority.

The oil and gas industry is the bedrock of the economy and the main source of government revenues. But a major offshore site is tapped out and the country needs new reserves to come online to fill the gap.

Ramos-Horta said he is hopeful a breakthrough could come “very soon,” possibly in the next three months, on plans for the exploration of a natural gas field that is key to East Timor’s financial future.

Development of the promising offshore Greater Sunrise gas field, shared between Australia and East Timor, has been stalled for more than two decades — mainly over the question of which country the fuel should be piped to.

Australia’s Woodside Energy, which has the largest stake in the project after East Timor’s national oil company, said in response to questions Wednesday that the companies and governments “have continued to make progress” on various aspects of the negotiations.

It added that it remains committed to developing the field if “there is fiscal and regulatory certainty necessary for a commercially viable development to proceed.”

Timorese officials believe that piping gas into their country would deliver more benefits for their people despite the added logistical challenges. That remains the aim, Ramos-Horta said, adding that any alternative would have to be “a very persuasive proposal.”

The presidential palace where the interview took place and several other key government buildings were constructed with help from China, which wants to deepen its influence among Pacific island nations.

China is one of East Timor’s top trading partners. In 2023, the two countries boosted their ties by reaching a “comprehensive strategic partnership.”

“I understand the suspicion on the part of the United States, their fears, in relation to China,” he said. “But I do not see China as a threat to anyone,” he added later.

Ramos-Horta said he welcomed Beijing’s help in areas such as improving agriculture, water management and food security, but saw “no need” for closer security ties with China.

He did, however, highlight the positive role played by the United States Peace Corps in East Timor and said he would welcome additional help from U.S. military engineers on the ground. U.S. Navy Seabees construction personnel are continuously based in East Timor, building and renovating schools and clinics.

“The U.S. might fear China. We don’t fear (them) and we don’t fear also the U.S. I see the two superpowers as benevolent superpowers. Or they should be benevolent superpowers,” he said.

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Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.



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