Public defender cries foul when witness changes testimony in Muldoon murder trial

The cross examination of a paramedic became heated Friday in the Lee Muldoon murder trial when the defense attorney ripped into the witness and accused him of lying and misleading the jury.

Linn County Public Defender Tyler Johnston blasted Ben Darling, a paramedic with Northeast Linn County Ambulance Service, for his  description of how Muldoon performed CPR on 2-year-old Skylar Inman.

“Where in your report do you call Lee Muldoon's (chest) compressions dangerous?” Linn County Public Defender Tyler Johnston says.

“It's not in the report,” Ben Darling agrees.

“His compressions were forceful you said but you didn't use the word ‘dangerous?”' Johnston shoots back.

“No,” Darling says.

Johnston is defending Muldoon, 25, of Coggon, who is accused of killing Skylar on July 11, 2008. She died of blunt force injuries.

The trial, expected to last more than three weeks, will continue 9 a.m. Monday in Linn County District Court.

Johnston then challenged Darling on his description of “a bit of brown saliva” coming out of Skylar's mouth.” In a report, Darling wrote her mouth was full of brown saliva that smelled foul.

Johnston repeatedly asks Darling why he used the word “bit” on the stand. Darling has no explanation except to say it was a mistake or he doesn't know.

“Was it your idea or Mr. (Assistant Linn County Attorney Nick) Maybanks?,” Johnston asks. “Why did you change it? “Are you trying to mislead the jury?”

Johnston said it was changed because Darling didn't want the jury to think Skylar choked on that amount of saliva. Darling attempted to minimize the fact that Muldoon was desperately trying to save Skylar, even if he got foul saliva in his own mouth, he said.

“That's a little bit of love right there isn't it?” Johnston said.

Maybanks on re-direct asked Darling what he said in the deposition about the chest compressions Muldoon was applying.

Darling said they were “violent and forceful.”

In other testimony, emergency personnel described Skylar's condition when they responded to the 911 call. They all agreed she was lifeless, not breathing when they arrived and her body was cooler than it should have been based on the 911 call.

Jill Austin, life flight nurse out of Des Moines, testified when she arrived 11:08 p.m. Skylar was on the floor in the bedroom and paramedics were performing CPR on her. She was pale and cool to the touch.

Austin noticed multiple bruises all over her body and her skin was bluish tinted, which is a sign of lack of oxygen.

“Her eyes were fixed and dilated,” Austin said.

Coggon Volunteer Fire Chief Brian Rowe said he knew it was a “grave situation” when he arrived. He was first one on the scene.

“I was drawn to her eyes,” he said. “Her pupils were large with a blank stare.”

Rowe said Muldoon was doing chest compressions but they were too aggressive for that size of child. Muldoon told him he may have broken Skylar's rib.

“I have strong reflections of what I saw that night,” he said.

Some of the other emergency personnel said Skylar's mother Brianna Volesky, 20 , of Cedar Rapids, was calm, while others said her behavior was almost detached like an outsider. They described Muldoon as being tearful or crying and he seemed anxious.