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 Day 5 of Hyslop trial in toddler's death

Murder Trial of David Hyslop

Coverage of the trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez. October suffered fatal injuries while under Hyslop's care in June 2011.

1 year ago

Day 6 of Hyslop trial in toddler's death

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, continued on Monday.

October suffered fatal injuries while under Hyslop's care in June 2011.

During Wednesday's court session, the judge denied a motion for mistrial requested by the defense on Tuesday.

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1 year ago

Day 5 of Hyslop trial in toddler's death

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, continued on Monday.

October suffered fatal injuries while under Hyslop's care in June 2011.

During Tuesday's testimony, October's mother Kristy Perez took the stand, telling the jury what she remembers before her daughter was taken to the hospital.

Perez said that Hyslop, her boyfriend at the time, was the primary care giver of October.

But on June 23 last year, she remembers David acting different than usual, telling the court that he was he was "...sweaty, guilty, hiding something."

Outside the bedroom was where October was napping, Kristy says she heard her daughter moaning and having a bad dream.

David suggesting let her sleep through it, but when Kristy went to wake her daughter, it became her worst nightmare.

She called her daughter's name, trying to rouse her, but October was unresponsive.

Kristy called 911, and October was taken to the hospital and later transported for more advanced care in Salt Lake City, but never regained consciousness.

Kristy says she was never suspicious of David harming October until he left her at the hospital when she begged him to stay.

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1 year ago

Day 4 of Hyslop trial in toddler's death

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, continued on Monday.

October suffered fatal injuries while under Hyslop's care in June 2011.

Monday's court session included the prosecution moving into medical testimony.

Traumatic pictures of October from her medical examination and autopsy were presented to the jury, leaving the little girls' family and friends to excuse themselves to avoid hearing about the injuries she suffered.

Medical experts were called to the stand to explain to the jury exactly what the injuries were.

October's brain had swollen so severely that her skull had actually fractured along the sutures or growth plates.

The autopsy revealed more bruising that could be consistent with aggressive force..

The defense has explained many of October's older injuries as normal bruising for an active toddler, but doctors suspect she suffered from child abuse.

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1 year ago

Day 3 of Hyslop trial in toddler's death

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, continued on Thursday.

October suffered fatal injuries while under Hyslop's care in June 2011.

Jurors, family, and friends of October listened to the 4-hour police interview from Hyslop, recorded just hours after October was taken to the hospital.

This video is also the closest the jury will get to hearing what happened from David himself; he maintains that it was an accident when he put October down for a nap.

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1 year ago

Hyslop trial in toddler's death continues in Great Falls

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, continued on Thursday.

October suffered fatal injuries while under Hyslop's care in June 2011.

Great Falls police officers testified during the second day of Hyslop's trial, detailing what they did at the scene, and the measures they took to ensure a complete investigation.

Officer Cory Reeves ensured that those who were home at the time didn't tamper with any evidence that might be available.

After interviewing Hyslop, his brother Kendall and October's mother Kristy, officers focused their search in the basement of the home, and canvassing the neighborhood for more information.

The defense is poking holes in the testimony of the police officers, insinuating that they couldn't possibly have the whole the story with their limited vantage points at the scene.

In addition to missing information, the defense says the department didn't follow protocol for the investigation, further questioning their credibility.

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1 year ago

Hyslop trial for toddler's death begins in Great Falls

The trial of David Hyslop, the Great Falls man accused of killing 2 year old October Perez, began on Wednesday.

October suffered fatal injuries while under Hyslop's care in June 2011.

The defense's strategy during this trial will be focused on Hyslop's brother Kendall, saying that he - not David - is the person responsible for the injuries that killed October.

Cascade County Attorney John Parker explained to the jury that Hyslop is responsible for the fatal injuries, and charged that Hyslop even admitted it himself: "Specifically he said, 'You guys know it was an accident, and I didn't do it on purpose.'"

But through the course of the investigation, Parker points out that Hyslop has had various explanations as to what happened that day.

Just 10 days before trial was set to start, Hyslop called his grandmother with the sixth version of his story.

Parker said, "During the conversation, David hinted that Kendall was actually the one that was responsible for October's fatal injuries... despite his many earlier admissions to the contrary."

This latest version is also the picture that Hyslop's attorney Larry LaFountain is painting for the jury.

Kendall was home at the time of the incident, but when October' s mother Kristy noticed the injuries, Kendall is the one that fled and created an alibi for the police.

LaFountain says the Great Falls Police Department also failed to canvas the neighborhood for possible information.

The trial continues on Thursday.

2 years ago

New details in homicide case against Hyslop

Court documents filed on Friday in the deliberate homicide case against David Hyslop reveal more about what happened on the day two year old October Perez received fatal injuries in Great Falls.

Hyslop's brother Kendall was one of the several people interview by detectives.

Kendall was in the home at the time of the incident.

Kendall reportedly said that David was frustrated with October and went downstairs to put her down for a nap; Kendall then heard "three solid hits" from downstairs.

When Kendall went down to investigate, David told him, "I hit her, but I will take care of it."

According to the affidavit, Hyslop originally told detectives several different stories to explain the injuries, ranging from feeding October bad hot dogs, to dropping her as he tried to put her down for a nap.

Hyslop never sought medical care for October, and she wasn't treated for her injuries until at least three hours after she was injured.

October died less than two days later at a Salt Lake City hospital.

Immediately after she was hospitalized, KRTV began receiving phone calls from relatives telling us that October was a victim of physical abuse.

The family members claim that October had previously been injured by Hyslop, and they tried to get October out of the home.

We immediately began asking questions about the case of the Child & Family Services Division of the MT Department of Public Health & Human Services.

We wanted to know who determines when a child should be removed from a home and how much abuse is enough to remove the child.

We were told that Child & Family Services Division staff assigned to the case, in consultation with the County Attorney, will determine if a child should be removed from the home, but were told by Cascade County Attorney John Parker that not every case is referred to his office.

We were also directed to the DPHHS "What Happens Next" brochure, which states:

In most cases, children remain with their parent or parents during and after an assessment and investigation by CFSD. Unless a child is in danger and cannot be protected in the home, the goal of CFSD is to keep families together.If the social worker determines the child to be in immediate danger, the social worker has the authority under Montana statute to immediately remove the child from a dangerous situation.

Click here to read the complete text of the brochure.

We specifically asked if more could have been done to protect October, but DPHHS was unable to answer the question, citing confidentiality statutes which prevent public disclosure of specific cases.

The family is unable to comment on the matter at this time due to the pending criminal trial of Hyslop.

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