Why hold an innocent man?! #FreeDKhariLyons
Why hold an innocent man?! #FreeDKhariLyons
Please consider reading case details below and signing this petition in solidarity and demanding justice!
To those we have spotlighted as key people to make this happen:
We write in desperation for guidance and assistance behind a system that is not for the people.
We are asking you to take a deeper look into this Manhattan, KS case involving the death of an infant, Michael Montana Calvert Jr.
This case’s investigation started on November 8th, 2018 when the call came into the local dispatch about an infant having troubled breathing.
When the lead investor arrived, Jessica Ehrlich, (investigator) she had already assumed, named, and targeted her prime and only suspect, D’Khari Lyons.
At the trial in September 2019, the statements from the mother of the infant, Jessica Hudson, continued to be inconsistent as they had from day 1 when paramedics and officers arrived in scene.
At the trial, Barry Disney, (CA) said that this case was “not a planned attack; this is an act of frustration.”
That means whomever meant harm to this child did not think this through, but acted on impulse. Based on Disney’s words alone, one would think of the person who committed this act was under an amazing amount of stress.
D’Khari Lyons, at the time of this crime, was not under any sort of stress. He was living the common early 20s lifestyle; there were no children he had to take care of, just himself. He worked, enjoyed his family and friends, stayed out of trouble, and paid his bills.
Jessica Hudson, on the other hand, had plenty to worry about, raising 3 small children on her own with the occasional help from her mother. She had no alone time, no help from the children’s fathers, and was going through, what could have been classified as, postpartum depression.
While on the stand of the trial, Ms. Hudson admitted to having a long history of depression, that it was nothing new. She admitted to crying more often than usual and feeling more alone after having baby Michael. She mentioned that she only received help from her mother when she was at work at night at WingStop. She added that she was working around 20-24 hours once Michael was born. Working the little hours was making it hard for her to make ends meet at home. With two school-aged children, an infant, part-time job and depression knocking on the door, the stress level was there, and it had to have been taking a toll on her.
While at Dr. Louis P. Meng’s office for a check-up with baby Michael, she also took a depression survey listing some of the telltale signs of depression or postpartum depression.
When Michael Calvert Jr. began to have troubled breathing at his home in Manhattan, he was only 11 weeks old. While on the stand at the trial, Dr. Meng mentioned that Ms. Hudson was a “No call, no show” to Michael’s 2-month check-up, just 3 weeks prior.
However, Ms. Hudson took her son to Dr. Meng’s office on November 7th, 2018 to check up on what she thought to be pink eye. Dr. Meng did confirm that she was there that day to get his eye checked out and to also check on Jessica’s worry of his constipation. He said he looked at Michael’s eye and felt around on his stomach then informed Jessica how infants can sometimes go up to 10 days without a bowel movement. He prescribed some medical drops for his eye and that was that.
On the stand Jessica was asked if Michael was stripped down to his diaper during the exam, she confirmed; however, Dr. Meng described baby Michael as “all bundled up” the day of the exam. He mentioned he only looked at his eye and felt around on his stomach and did not do a full exam while Jessica, on the stand and under oath, said that he did do one. She even made sure to mention how Dr Meng looked at his chest, but the doctor did not confirm that.
Back to the day of the 911 call. When the Manhattan police arrived at Jessica’s residence, it was noted that he had bruising on his chest and on his left side of his face. When he got to the hospital it was noted that he had more bruising that was starting to show up, darker in color. Michael had blunt force trauma to his skull, a “whip flash” like injury to his neck, and bruising on his left side of his head near his temple, as well as, on his chest and chin area too. It was noted by the doctors that took the stand at the trial, that the bruising could not be dated. Meaning it could not be pin pointed to a specific time when it occurred. However, when Sylvia Hudson, Jessica Hudson’s mother, took the stand she mentioned how a couple days prior to the 8th, Michael had a “pinkie-sized bruise” on his face.
From November 2nd to November 4th, 2018, baby Michael was with his father, Michael Calvert Sr., at a separate residence.
When he was returned, he had the pinkie-sized bruise mentioned by Sylvia Hudson on the stand along with a blood blister on his back. It was mentioned in court how ill-tempered Michael Sr. was when it came to baby Michael. Threatening to take him back home because he was needing to be held too much. Ms. Hudson mentioned to a CPS case worker that she thought her youngest daughter could be a little rough with Michael Jr. She mentioned that she was “worried that she did something to him.” When asked about this statement while on the stand, she quickly changed it to something that she “meant” to say.
Jessica Hudson’s order of events seemed to change a lot from what she said in February 2018 to the trial in September 2019 and even from what she said to officials in November 2018.
She seemed to have a hard time remembering everything she said before on record using the words, “I think I said,”, “I believe I said,”, and “I can’t remember what I said.” During the trial, Cole Hawver cross examined Ms. Hudson. He asked questions about her statements prior to that day and when she was unsure about what she had said, he handed her the transcript from the preliminary hearing to read back on her answers to the question he asked her that day by referencing to its exact location. He showed her how she answered it differently in February compared to how she answered it on the stand at trial in September. When he continued with his questioning, she continued to try and look back at her statement from February and match the answers. It was obvious that she was not keeping her story consistent.
Now let’s go back to November 8th, 2018. D’Khari Lyons was targeted as the prime and only suspect in this case. Mr. Lyons was named the prime suspect before they even completed interviewing everyone.
Upon arriving at the scene, Jessica Ehrlich only received a briefing of what happened by the police that were already there when she arrived. She then heard D’Khari tell his side of the story then soon read him his rights. Ms. Ehrlich went to the hospital to interview Ms. Hudson about the order of events and took her word for face value. She did not investigate anyone else that knew the two personally. She did not ask around with D’Khari’s friends that lived close or even Jessica’s friends to get a good picture of the people they were dealing with. She never stopped by WingStop and asked their coworkers about them nor were either one of the daughters questioned about Michael’s condition prior to the 8th of November.
During the trial in September 2019, Disney started his opening statement with telling the court how his case is built off medical evidence and how important it will be to his case. Mr. Disney called a couple of doctors to the stand but one that stood out the most was Dr. Frazier. Dr. Frazier is a board-certified child abuse expert. When she had the chance to testify on behalf of the prosecution, she was asked about the type of trauma Michael endured. She spoke about the layers to the skull from the scalp to the brain and how there are different types of bleeding that can occur in a head injury. One type of bleeding she mentioned was called subdural hematoma. She described this type of bleed to the court as a collection of blood on the brain, pressing down on the brain and causing symptoms in lucid intervals. Lucid intervals refer to a brief period in which a person can regain sanity, consciousness, enough to continue with activities on their own. She used an example of a skier hitting a tree then later becoming unconscious from the side effects of hitting the tree earlier in the day. She said if an infant were to sustain an injury of this sort, she would expect the infant to have some symptoms: Crying out as if in pain, inability to stay asleep (restlessness), unable to properly feed, more fussy than usual and vomiting.
Mr. Hawver called his own doctor to the stand, Dr. John Galaznik. Dr. Galaznik was asked about the types of head injuries and he also mentioned subdural hematoma. He was also asked about the possible side effects someone would expect from an infant suffering from this time of brain bleed, it aligned with Dr. Frazier’s statements. Dr. Galaznik showed photo snippets from a video clip of a child that fell in a mall playground. That child sustained the same injuries as Michael Calvert Jr. when it came to his skull fracture. This child had a lucid interval where she seemed to be perfectly okay when taken to the ER to get checked out by doctors. Later that child passed away in the care of her father due to the injuries from the fall. During Michael’s doctors visit, Dr. Meng did not sense anything out of the norm. When questioned the day of the incident, Jessica mentioned that he was more fussy than usual and how he was “normally a really good baby” that he “barely cried”. One symptom.
When D’Khari was questioned he mentioned how the child was throwing up a lot more and how he thought it was just related to how much she fed her child. Second symptom.
Sylvia mentioned how the night of the 7th she tried to feed baby Michael but “didn’t seem like he wanted the bottle” so she held him to her chest and rocked him to sleep. Third symptom.
As Jessica Hudson mentioned in multiple statements, once her mother got Michael to sleep, she left the house around 9 pm and got home and texted Jessica around 9:02pm, by that time Michael was awake again. Fourth Symptom.
On the morning of the 8th, while D’Khari was laying down in the bed to fall asleep, he said he heard Michael cry out. Jessica also mentioned hearing him cry out 2 or 3 times that morning and how that was not normal for him. Fifth symptom.
Could this be everything both doctors said about the lucid interval? Could this be the deciding factor that this injury did not occur the morning of November 8th, 2018 while Jessica took her older children to school?
Dr. Frazier is a board-certified child abuse expert, but she only has a handful of years of experience in the field. Although, Dr. Galaznik does not work in this field, he is board certified. He has been in the medical field for many years. Dr. Frazier mentioned how one could not read about something of this sort in a book then be able to apply it to real life. Dr. Galaznik has many years of experience under his belt, he is not someone that is new to the field and would know how to take and interpret information the correct way. Frazier spoke of how tests on fake artificial infant skulls have been tested before with many sensors and how although it will give a lot of good information, it will “never be as good as using an actual infant skull.” She mentioned how they do not test things like this on infant skulls here in America due to the obvious reasons. Galaznik spoke of test that have been done on real infant skulls and how it does show how this type of injury could be obtained from a short distance fall.
The investigation in this case was poorly handled. We are asking you to look more into this case and see why they stopped their suspect list at D’Khari Lyons. Michael Calvert Sr. was questioned but his statement was never carried over or reviewed more in-depth. Why?
The lead investigator never checked Jessica’s phone for any type of evidence because she mentioned how she “had to delete the calls and text messages to make room on her phone.” She has one of the new models of the iPhone+. Why has this case been taking Jessica Hudson’s word for face value when her story has changed multiple times? Why is the prime and only suspect in this case someone that has no prior history of violence or abuse and would have no gain or reason to commit this crime?
During the trial, it seemed as if the judge, Meryl Wilson, was only in favor of the prosecution. Overruling everything that Hawver had to object to but sustaining everything that Disney objected to. At one point, Judge Meryl Wilson also went as far as reminding Disney to object to something he did not catch. As if he was coaching the prosecution.
When it came time to the jury to deliberate, the jury was never in the prosecution’s favor. Tallying in at 9-3 in D’Khari’s favor then again after a question to the court at 11-1. We ask you to help shine some light in this case and help the facts speak to D’Khari’s innocence.
We ask you to see how this was poorly handled and D’Khari never had a chance to prove his innocence. Please review all the articles online and the transcripts from the cases and find the missing pieces. We truly need justice for the wrongfully accused D’Khari Lyons. We need to find out who did this horrendous act to baby Michael. They both need justice that can only be achieved by this case getting bigger than what this small town is trying to keep it at.
Please don’t allow this young man, D’Khari, be stuck in the system for a crime he never committed or for baby Michael’s real killer to roam free without consequence.