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The Honolulu Advertiser
Posted on: Tuesday, June 16, 2009

Lawyer: Police botched case


By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Natalee Westbrook makes her initial appearance in District Court, charged with second-degree murder in the death of her infant nephew. At left is her attorney, Eric Seitz.

RICHARD AMBO | The Honolulu Advertiser

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The lawyer for a woman charged with murdering her 7-week-old nephew lashed out at police yesterday, accusing them of "mishandling" the case and rushing criminal charges against his client.

The comments came from Eric Seitz, who represents Natalee K. Westbrook, 26, charged last week with second-degree murder in the death of Maika Conrad K. Lawelawe-Westbrook.

Westbrook appeared briefly before District Judge David Woo to hear the charge against her. A preliminary hearing was set for July 15.

Seitz said the baby was born with medical problems that may have been a factor in his death.

"We haven't even seen an autopsy," he said in comments delivered on the sidewalk outside District Court in Downtown Honolulu.

Westbrook was baby-sitting the boy, son of her sister, as well as Westbrook's own infant on May 9.

According to court records, Westbrook told police that she left Maika alone for two or three minutes for a quick trip to the bathroom. When she returned, she said, she found him unresponsive and face down on the floor. He died the next day.

Doctors found a large bruise on the left side of the baby's head, according to a police affidavit. They also found internal bleeding in his skull and semi-detached retinas, signs of shaken-baby syndrome, police said.

The Honolulu medical examiner's office determined that Maika's death was from abusive head trauma, and that the manner of death was homicide.

The baby "had a blood clot in his head when he was born," Seitz said. "We don't know what happened."

The state Child Protective Services "has not concluded that she (Westbrook) was an abusive caretaker," Seitz continued.

He called the case a "tragedy" and the way it has been handled by police "a travesty."

Westbrook's family members support her and do not believe she has done anything wrong, Seitz said.

"Of all the children in the family, she is the most caring, the most supportive, the most responsible," he said.

Westbrook is free on $150,000 bail.

Seitz demanded that Woo excuse himself from the case after the judge refused to move the initial hearing ahead on the crowded District Court calendar.

Woo said he believed that Seitz was disputing the right of news cameras to be in the court hearing and wanted to hear more arguments on that issue later in the morning.

When Seitz withdrew his objections to cameras, Woo expedited the hearing and then allowed Westbrook to be escorted by deputy sheriffs out a rear entrance, avoiding news crews.