Published: July 24, 2008 11:31 pm         

Suspect’s interview played at Emil Garver trial

Account to police taped after child’s death

TERRE HAUTE — During the third full day of trial Thursday, prosecutors played a videotaped interview of Emil Garver after 2-year-old Kieran Flanagan was taken to the hospital with fatal injuries.

Garver, 27, who is accused of murder, battery resulting in death, and neglect of a dependent in connection with the death of Flanagan, was interviewed by police the morning after Flanagan was discovered unconscious and not breathing in the home he shared with his mother, Garver, and several other family members.

Flanagan was pronounced dead last Aug. 16 in Riley Hospital for Children in Indianapolis.

Garver allegedly took Flanagan to put him to bed the night of Aug. 15 – the child’s mother was working – and came out about 30 minutes later carrying the limp boy in his arms.

According to court documents, Garver allegedly told family members and emergency personnel that the child electrocuted himself. Later, Garver stated to police that he was not sure what had happened, and that he had been asleep.

The video played in Vigo Superior Court Division 3 on Thursday showed Garver demonstrating the way he allegedly pushed Flanagan back onto a pillow on the bed that night.

Detective Shawn Keen of the Terre Haute Police Department on the witness stand mimicked Garver’s demonstration, stretching out his fingers as if to grasp an object the size of a small child’s head, and pushing it forward.

Keen said it was at that moment in the interview that Garver went from what police considered as “a person of interest” to becoming a “suspect.”

The case became a potential homicide that afternoon, Keen said, after the boy died.

Keen testified that the autopsy gave him additional information, specifically because Flanagan’s scalp showed contusions, or bruises, on the back of the child’s head. Keen said “four [bruises] stood out, with some secondary underneath those.”

Over defense objections, Keen testified that because the injuries to Flanagan had first been reported as electrocution, and because there were no signs of electrocution at the autopsy or at any other time, Keen felt as though the report of electrocution had been meant to deceive.

Defense attorney Laura Paul vehemently objected to the prosecution’s characterization that her client “reported” that the child had been electrocuted.

Paul has tried to show that Garver did not know what had happened to the boy, and that he was only suggesting that he might have been electrocuted, among other suggestions of what might have occurred.

Garver maintains his innocence, and efforts have been made by the defense to show that the child had been ill earlier in the day, that he may have been exposed to household chemicals and that he may have died by asphyxia on his own vomit.

The trial continues this morning in Vigo County Superior Court Division 3.

Deb Kelly can be reached at (812) 231-4254 or deb.kelly@tribstar.com.