Suppression Hearing in Shaken Baby Case

Tools

Suppression Hearing in Shaken Baby Case

By KSFY News

Story Created: Aug 28, 2008 at 4:58 PM CST

Story Updated: Aug 28, 2008 at 5:44 PM CST

Amy Dierks, the woman accused of assaulting a baby in her care, is asking a judge to throw out her confession. 

When Dierks was arrested last November, she claimed to have "lost her temper" before shaking baby Henry Johnson at the day care she ran inside her home on the west side of Sioux Falls.  Her attorneys want the confession tossed out because they say she was never read her Miranda Rights.   

Proceedings were recessed late Thursday afternoon. Testimony is expected to continue into Friday at the Minnehaha County Courthouse.

User Agreement

View comments

The following comments do not necessarily represent the views of KSFY.com. Users have agreed to these terms and in doing so accept full responsibility for their comments. Moderation is limited.

Tuesday, Sep 2 at 11:34 AM Anonymous wrote ...

Wow if you were not referring to me using all caps then I apologize..

Tuesday, Sep 2 at 11:29 AM Anonymous wrote ...

Wow...Not shouting just didnt turn caps lock off..and no I wasnt there but know the family and have watched baby henry struggle to get back what he lost and will not get back all that was lost. Really is sad that people can sit here and say we dont really know what happened when it is not really difficult to know...Well those of you non-believers will know when she is convicted...No matter how frustrated you never take it out on a child.

Monday, Sep 1 at 2:08 AM Come on wrote ...

Oh please, she hurt an innocent child. That is murder or attempted murder. If you have anger issues at all you should not be working around kids they can make the most sane people feel insane at times. She did the crime and now she must pay the time.

Sunday, Aug 31 at 3:08 AM Anonymous wrote ...

just look at her she looks like one that would lose her temper easy. I have no sympathy whatsoever for someone who harms another especially when she is how much bigger and stronger than an innocent baby who by the way can't TALK to tell her whats wrong. she did she can pay for it. B/c I know if that was my child there would be no way I would want her to get off with nothing and wasn't that child in the hospital apparently it wasn't something passive.

Saturday, Aug 30 at 2:24 PM poanjb67 wrote ...

Anyone who hurts children should fry for what they do. Ms Dierks should be no different. As a divorced single mother of a 6 yr old I am so glad I never had her watch my son. He'd probably would've been in the funeral home.

Saturday, Aug 30 at 1:05 AM Adrian wrote ...

She's a real person going through real emotions. Look what shouter made her do.

Friday, Aug 29 at 4:34 PM Wow wrote ...

I guess shouter was there durring the shaking. Then why didn't you intervene? Oh its because you're lying. And shouting.

Friday, Aug 29 at 4:15 PM yeah right... wrote ...

thats what everyone always says "it got turned around" i don't believe that. If you ask me she did it and now regrets fessing up to it so she is looking for something to push it on like her miranda rights...i hope they lock her up and throw away the key. she is obviously a sick woman and i would hate to see another child injured because of a crazy woman lik her.

Friday, Aug 29 at 4:14 PM ED wrote ...

Lock this evil woman up.

Friday, Aug 29 at 11:02 AM Anonymous wrote ...

SUSAN C. PLEASE TELL ME YOU ARE NOT SAYING THAT THIS WOMAN COULD POSSIBLY BE INNOCENT? I KNOW PERSONALLY THAT WHAT SHE IS ACCUSED OF DOING IS EXACTLY WHAT SHE DID. I AGREE WITH YOU ABOUT THERE BEING PLENTY ENOUGH TIMES WHERE PEOPLE ARE NOT GUILTY BUT THEY ARE STILL CHARGED. IN THIS SITUATION THEY HAVE THEIR FACTS STRAIGHT AND THIS WOMAN SHOULD BE CHARGED,FOUND GUILTY AND PUT AWAY.

Friday, Aug 29 at 10:47 AM turned things around wrote ...

i know this person and i know she would never do anything to hurt a child. she did not confess to shaken this little guy. her words of have you ever got turned around. people should not say these things unless they know 100% what happened!!!!!

Thursday, Aug 28 at 11:42 PM Steph wrote ...

How can someone do what she did to a sweet innocent baby and not own up to it? I hope she feels tremendous amount of guilt the rest of her life..she should also pay for what she did and be sent to prison. Also she has children of her own...what kind of example would she be setting if she didn't pay the consequences for her actions?

Thursday, Aug 28 at 11:13 PM your kidding wrote ...

Tragic whatelse can one say. I have a home daycare and there are those of us who would not harm kids in anyway. Also there have been plenty of centers investigated and closed for abuse as well. I don't get this chick if she couldn't settle this baby down then why didn't she just call the parent. I had to do that with one child who just would not settle down crying all the time so I called and they came right away and got the child. The chld is still here and doing well. This should not happen!!!

Thursday, Aug 28 at 10:42 PM Adrian wrote ...

I agree with the Native. Lock her up and throw away the key.

Thursday, Aug 28 at 10:09 PM Susan C wrote ...

There is often much more to a story than we read in the newspapers. Thanks to DNA, it is now known beyond doubt that hundreds of people have been wrongly convicted. Many of them had "confessed" under police questioning. Police use powerful psychological interrogation techniques that can lead even innocent people to confess. We cannot know whether this person is innocent or guilty based on what the newspapers say. Some children have been in the hospital 16 HOURS before showing serious symptoms.

Thursday, Aug 28 at 6:14 PM sad! wrote ...

I hope they wont throw it out! She should confess!! How could she do that to a sweet lil child? The poor parents of this child trusted this women and she harmed thier pride and joy! This is why i dont trust at home daycares, I am not saying all are bad i am just saying you just dont know who you can trust anymore at least at a center they arent all alone with the children...it is just sickening

Thursday, Aug 28 at 6:10 PM Sam Pugh wrote ...

Way to step up to the plate and be responsible for your own actions.

Thursday, Aug 28 at 5:41 PM proud mother wrote ...

I sure would not want to be her when she goes to the penitentiary...

Thursday, Aug 28 at 5:40 PM native 23 wrote ...

Just take the punishment and shut it up. anybody who hurts or kills a baby does NOT have my sympathy. she must have felt real tough losing her temper on a tiny innocent baby. what a shame.

Add a comment

Name:

Comment: 500 Characters Left

Comments are moderated and will not appear on this story until after they have been reviewed and deemed appropriate for posting.

KSFY.com and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

I have read and agree to the terms

Hide comments

Weather


Icon
Sioux Falls 37 °F
A Few Clouds
Wind : From the North at 17 MPH
Humidity : 76 %
Pressure : 30.05" (1018.7 mb)
Aberdeen 31 °F
Pierre 35 °F
More Weather

On Demand

Countdown to Digital TV:

Stock Quotes
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.
Countdown to Digital TV:

AP Video