Power sentenced to 3-5 years in shaken baby case
Published on March 1st, 2006
CAMBRIDGE - Reading resident Ann Power received a three to five year sentence at Massachusetts Correctional Facility - Framingham in the death of three month old Mackenzie Rose Corrigan, who was in her care at an unlicensed day care facility she was running out of her home on Francis Drive in 2003.
In her victim's impact statement, before yesterday's sentencing, the late baby's mother, Kathleen Corrigan of Stoneham said, "Ann has been lying for so long she does not know how to tell the truth."
The baby's father called Power "...an evil coward. She is a coward for not owning up to what happened. She is a coward for allowing suspicion to be cast on the other children."
The emotional statements were the first time the Corrigan's, of Stoneham, have actively spoken out against Power. During their testimony on the stand, the couple separately told of the trust they had placed in the Reading resident to take care of their eldest son John for three years and then Mackenzie for three days before she died on June 4, 2003.
In her emotional statement, Kathleen said, "I guess I had to hear for myself to accept the fact that Ann is not the person I thought she was."
Before the sentencing Judge Peter Lauriat ruled against a motion by defense counsels J. W. Carney and Andrew M. D'Angelo to set aside the verdict of guilty of Involuntary Manslaughter by a Wanton and Reckless Act in the death. This was the least of four charges the jury could have found.
In his recommendation for a sentence of eight to 10 years, Assistant District Attorney Nathaniel Yeager said, "I ask your honor to reject the defense claim that the defendant has stated anything near remorse."
He went on to explain that Power was still claiming her innocence in the incident that led to Corrigan's death. Therefore she could not be remorseful.
Noting that Power admittedly had 14 children in her care on the day of the
incident, one day before Corrigan died, Yeager also noted that the children ranged in age from two months-old to six years.
He said, "This in itself is overwhelming that she accepted the trust of the Corrigans with that many children in her care without benefit of assistance."
In his sentencing memorandum to the court, Carney cited two cases, including one involving the defendants in the Worcester warehouse fire that killed six firefighters. He noted that in both cases the defendants were found guilty of Involuntary Manslaughter by Wanton and Reckless Acts and were given probation for the term of their sentences.
In his oral plea to the court, Carney said, "It is indisputable that Ann Power never intended this tragedy or that she could believe a tragedy like this could happen."
Carney labeled the prosecution's version of the story "a revision of history."
He added that nothing could be further from the truth than the picture painted by the prosecution of his client being a 'callous person."
During his statement, Carney recommended that Power receive probation for the length of the sentence. He noted that she is not a danger to the community and cited her age as a factor.
In his sentencing, Judge Lauriat said he had taken several factors into consideration. Among these was the fact that Power is 57 years-old and that
he had received and read 250 letters of support (from parents and children who had been taken care of by Power) for the defendant.
Lauriat also noted that Power had violated the laws of the Commonwealth for over 10 years by operating an unlicensed day care center. The Office of Child Care Services (OCCS) had taken Power's license in 1994 when it was discovered at that time she had 14 children in her care when she was only licensed for six.
Lauriat also rebuked OCCS for not seeking court action against Power. The agency had issued cease and desist orders three more times in the 10 year period following the loss of license.
Lauriat said, "No sentence will bring Mackenzie back or exorcise her death."
After issuing his sentence of not more than five years and not less than three years in MCI Framingham on the Involuntary manslaughter charge, Lauriat then sentenced Power to a term of probation for the charge of running an illegal day care center. The second term will start at the completion of the first one.
However, he also allowed Power to remain on house arrest for seven days, pending an appeal of her sentence. It will be up to the Massachusetts Court of Appeals to extend the stay of the sentence pending their hearing of the appeal.
Carney noted that his appeal would be based on the fact that Judge Lauriat allowed certain evidence to be admitted into the case that "was toxic." The evidence spoke to Power's past history with state regulatory agencies.
An appeal is expected to be filed by Wednesday. If it is accepted another court date will be set.
District Attorney's office spokesperson Emily LaGrassa noted that if the appeal is accepted special appellate attorneys from District Attorney Martha Coakley's office would try that phase of the case.
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