In a 2012 interview from a Texas prison, Overton told ABC News that during one of the monthly visitations with her children, [Emma] took her first step, I was there. Hannah Overton, a south Texas mother of five whose wrongful conviction for the 2006 death of her foster son was overturned last year, is expected to receive over $500,000 in compensation from the state for the years she spent in jail. Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, The Campaign to Sabotage Texass Public Schools. Home; Memorials; Cemeteries; Famous; Contribute; Register; Sign In; Register; Sign In; Memorial updated successfully. He is survived by : his children, Valerie Overton Castano (John), Glenn Overton (Donna) and Allen Overton (Amy); his grandchildren, Morgan Castano Petty (Kyle), Jordan Castano, Zack Castano (Andie), Julia Overton Kahsar (Alex), Alyssa Overton McSteen (Dylan) and Drake Overton; his great grandchildren, Overton Petty, Cotten Petty, Davant Petty, Preston McSteen and Layton Kahsar; his brothers-in-law, Bruce Preston Cotten and Grant Cotten; his friends, Jimmy, Sarah Trado, Joyce, Jerry Dellinger, Betty Jo Mullis and Bob Butler; and also, Scott and Tana Lloyd. AP. It is with deep sorrow that we announce the death of Jonah Lee Overton (Charlotte, North Carolina), who passed away on January 21, 2023, at the age of 92, leaving to mourn family and friends. Prosecutors had accused her of givingthe boy a mix of water and spicy seasoning that contributed to the high levels of sodium in his system. Updated: June 20, 2015 . I have shared a memorial tribute I wrote about Dabney with all who've asked. Finally she relented, heating up what she had on hand: leftover vegetable-beef soup flavored with Zatarains Creole Seasoning. There are really no words. He will be greatly missed by all who knew him. How can one person get probation and another get life without parole for the same thing? Larry said. A unique and lasting tribute for a loved one. Dabney always took time to talk to people and was a friend to many. Days after she gave birth to her daughter Emma, CPS took the newborn into protective custody. The Registry also maintains a more limited database of known exonerations prior to 1989. Despite Eastwoods zeal, there were still basic questions that the prosecution could not explain. ", More:Hannah Overton, supporters chant 'Actually innocent' after capital murder dismissal, More:Nueces County DA to dismiss Overton case, declare woman innocent. (Both carry shorter sentences and differ from capital murder on the issue of intent; a motorist who hits and kills someone while driving too fast is often deemed to be criminally negligent in that he did not set out to take a life but was aware of the danger of speeding.) . If you need legal advice, then retain an attorney to discuss the facts of your case. Its free. It was later believed the boy suffered a rare medical condition called hypernatremia, which can cause fatal sodium levels in the body. Short on time as the trial drew to a close, the defense had asked Moritzwho needed to return to Pittsburghto sit for a videotaped deposition; when the deposition ran long and could not be completed, the defense was unable to enter it as testimony. The media coverage of the case stirred widespread outrage. The National Registry of Exonerations is a project of the Newkirk Center for Science & Society at University of California Irvine, the University of Michigan Law School and Michigan State University College of Law. In other words, if the jury could not agree conclusively that she had poisoned Andrew, it could still rule that she was guilty of capital murder by omission, or by failure to act. I miss everything, she later wrote to me. Hess disavowed Garcias account at a court hearing regarding the Overton children, and prosecutors never entered Garcias affidavit into evidence or called him to testify at Hannahs trial. A memorial service will be held at St. Paul's Episcopal Church in Miller's Tavern, Va. on Sunday, November 22nd at 2 p.m. He was good to everyone he met. Or had the tragedy claimed its second victim? That Andrew had sustained a head injury was based on the presence of a half-inch area of hemorrhaging under the scalp. Or had the tragedy claimed its second victim? I worked with him at Branch Cabell years ago and also lived down the street from him for a while. One of the recent fundraising efforts involves providing "chill towels" to incarcerated women this summer because most Texas prisons are without air conditioning. I wouldnt give up that time we had with him and that he had with us.. I feel so fortunate to have spent time with him. Rotta stopped short of describing the manner in which he believed Andrew had been made to eat a lethal amount of salta dose that, after analyzing Andrews blood, he determined would have consisted of 23 teaspoons of Zatarains Creole Seasoning or 6 teaspoons of salt. Channel Three, Channel Six, Channel Ten, the Caller-Timesthey all knew ahead of time, Gilmore said. But I was frustrated. Shortly afterward, at three-thirty, Hannah called Larry and asked him to come home since Andrew was vomiting and she needed his help. He felt at ease around her; his favorite thing to do was sit on her lap and rest his mouth on her cheek, and she gladly obliged. A Right-wing Cabal Took Over Odessas Municipal Government. At Sunday school, he became more expressive, stringing words into sentences and holding hands with his new sister Ally. They also discovered that Hannah was pregnant again. What a great sense of comfort to know that I could be greated on the other side by such a kind person. Lane and her children moved to the East Texas town of Lindale, where a missionary organization, the Calvary Commission, allowed them to live in a modest apartment on its grounds free of charge. She would later admit, according to one report, to using alcohol, methamphetamines, cocaine and crack cocaine, LSD, marijuana, cigarettes, and taking prescription Xanax. His father was seventeen and worked for a traveling carnival. Impatient to return to the boys bedside, she gave a hurried, disjointed account of the day that omitted critical details, such as how she had found Andrew in the pantry unattended, and she made only fleeting mention of his unusual eating habits. Their arrests came so quickly after Andrew died, they said, that they had no time to grieve for the boy they hoped to permanently make a part of their family. This small benefit will allow her and her sweet family to continue to share their goodness with all of us with some degree of comfort. probably to punish his behavior, that then goes into cardiorespiratory arrest.. OVERTON, Dabney III, died peacefully on Monday, November 9, 2009 surrounded by family and friends. They speculated Andrew might have had pica, an eating disorder characterized by an obsessive appetite and that Andrew accidentally poisoned himself by consuming a fatal amount of sodium. Two years later, the Overtons learned that their adoption application had been approved and that Andrew would be joining their family. While Larry tried to scrub down the bedroom, Andrew pulled his sheets out of the trash several times, despite repeated warnings not to do so. And we do have some evidence of bruising to his nose [which could indicate] his nostrils were squeezed and he was made to drink it.. See our Cookie Policy. "God is so good!," Overton wrote in the social media post. I feel sad. One of her favorite books to revisit is Ruth. Take it one day at a time. The jury was not just going to let her walk. Capital murder carries two possible punishments in Texasthe death penalty or life without paroleand the district attorneys office had already decided not to seek death. (92 years old). Not until Sebastian was born did doctors discover that his only impairment was a hole in his heart, which healed on its own. 3 Memories Hannah Overton Overton Hannah Jayne Passed away peacefully at Thorpe Hall on the 23rd December 2018 aged 28 years. At the clinic, she continued giving him mouth-to-mouth and chest compressions until paramedics took over, but the four-year-old lay motionless. They were not allowed to be at Andrews bedside on the evening of October 3, when he experienced massive organ failure. Created by: Red; Added: 9 Apr 2016 . Myron F. Overton June 29, 1935 - June 6, 2013 Myron was born in Bakersfield, California to his loving parents Earl C. and Hazel J. Overton. Prepare a personalized obituary for someone you loved.. December 22, 1930 - He was an example to many by the way he lived his life and his loyalty to those values that determine a true friend. You may be trying to access this site from a secured browser on the server. Thendistrict attorney Jimenez did not publicly disclose the reasons for the termination, but it occurred one week after Eastwood informed her superiors that she had been romantically involved in the past with a sex offender; she reported that she feared the information had been used by the offenders defense attorney to get him probation in a criminal case. Left: Andrew and Isabel playing together. A committed Christian, he had gone on mission trips with his family since he was a child, including a fourteen-month stint in Papua New Guinea and several treks across Mexico. I will miss Dabney greatly, having spent hours drinking coffee & talking with him; a kind, gentle soul who made the world a better place and who always had time for people in his life. Turn on desktop notifications for breaking stories about interest? Hoping to show him that his behavior was self-destructive, Larry told Andrew one morning that he could have as much as he wanted for breakfast. He didnt drink or smoke, and the bands he listened to sang about glorifying God. We spoke last Tuesday about a biking trip we had plan in the spring to Cherokee,N.C. The kids took me out back, where they jumped on the trampoline and played hide-and-seek in the salt grass. January 21, 2023 He was a very quiet and caring man. The world was a better place because of him. A church member who homeschools her daughters educates the Overton children, using lesson plans Hannah sends her. After the Overton family heard the news yesterday, they said they celebrated with a family dinner at Hannah's mother's home, "with nothing hanging over our heads.". During closing arguments, Gilmore emphasized that Hannah had no motive to kill Andrew and that the state had failed to prove that she had intentionally caused the boys death. Exhausted from the previous night, she briefly dozed off, then awoke to discover that Andrew had slipped out of the room. Looking for any information that might bolster the appeal, Orr requested access to the prosecutions case file. I was lucky enough and feel so honored to have been loved by Dabney. — -- Murder charges against Hannah Overton, a south Texas mother of five who had been convicted in the 2007 salt poisoning trial in the death of her foster son, have been dismissed by the district attorney. They wed a year later and moved to Corpus Christi. Anyone who knew Dabney loved him. I came in the morning, and I left in the evening. All NRE reports represent a moment in time. It was Emma whom Hannah was pregnant with when Andrew died, and she is the child Hannah knows least. At a subsequent family court hearing, in which Hannahs civil attorney argued that she should be given access to the infant so that she could continue nursing her, Judge Lewis returned Emma to her parents, but with conditions. His foster mother, Hannah Overton, was charged with capital murder, vilified from all quarters, and sent to prison for life. Hannah did describe how she and Larry had at first tried to treat the boys symptoms themselves, often volunteering more information than the detective had asked for. I have mitigating testimony that I think would have been very useful to your client, he said in a voice mail he left for Gilmore. There is no photo or video of Jonah Lee Overton.Be the first to share a memory to pay tribute. The Overtons rushed him to a nearby urgent care clinic after his breathing became labored and he stopped responding to their questions, but by the time they arrived, he had fallen unconscious. One paramedic recounted how he had seen two sores on Andrew that looked to me like cigarette burns because they were round. Another paramedic also believed the sores were cigarette burns, though he admitted he had only looked at them from a distance. Fernandez, the medical examiner, said he had observed burnlike scarring on Andrews arm that had likely been caused by contact with a hot surface. But neither Larry nor Hannah smoked. Turn on desktop notifications for breaking stories about interest? Fueling the publics antipathy was an affidavit written by a CPS child abuse investigator named Jesse Garcia, who claimed that Hannah had admitted to forcing Andrew to drink two cupfuls of chili with water and quoted her as saying that she then beat the shit out of him. Garcia never produced any documentation or witnesses to corroborate his claim, and internal police memos show that law enforcement officials doubted the veracity of his story. A comment someone made was that it appeared that this child had been in a fight with a porcupine, the physician stated. And a succession of witnesses, nearly all of them members of Calvary Chapel, recounted Andrews unusual eating habits and Hannahs attentive parenting. Those charges were not considered double jeopardy because Overtons conviction was overturned by the higher court on the basis of ineffective counsel, which granted her a new trial. I also could never begin to thank those who supported us, prayed and prayed for us, and walked with us along the entire way, Overton said. But law enforcement officials are accustomed to handling child abuse cases, not medical mysteries, and salt poisoning is rare enough that most emergency room doctors will never encounter a case during their careers. Dabney is survived by his sister, Hannah Overton; and nieces Emma and Lizzie Schmidt, all of Tappahannock; a half-sister Mallory Overton McKendry of Jacksonville, Fla.; and his father, Dabney Overton Jr. of Harrisonburg. But as the afternoon wore on, his symptoms grew troubling; his breathing became congested, and he became less and less responsive. . Although Cortes had been scheduled to testify for the prosecution, he was never put on the witness stand. Yet to find her guilty, theyd had to believe that she knew he would die if she did not get him immediate medical attention. In loving memory of Jonah Lee Overton, Skurka ended up dropping the new case against her in 2015 but Overton remained in legal limbo until Gonzalez officially declared her innocence last year, thus closing a significant chapter on this decade-long case. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overton's appellate team that helped overturn the . In May 2017, Nueces County District Attorney Mark Gonzalez officially declared Overton innocent in the death of 4-year-old Andrew Burd, the child Overton and her husband, Larry Overton, were in the process of adopting before he died more than 10 years ago. Larry called out that dinner was ready, and we gathered inside around a rough-hewn oak table he had made years ago. 1 x 120' / Produced for Discovery Networks. Cynthia Hujar-Orr, Gerry Goldstein and John Raley were apart of Overtons appellate team, http://pr-prod.com/project/until-proven-innocent/, https://www.usatoday.com/story/news/nation-now/2017/05/10/da-declare-texas-woman-innocent-salt-poisoning-case/315400001/, https://abcnews.go.com/US/texas-mother-freed-spending-years-prison-foster-sons/story?id=26186920. . (Hannahs mother and stepfatherwhom the courts had named managing conservators of the childrenwere then able to return them to Larrys custody.) The medical staff at Driscoll Childrens Hospital had determined that Andrew had nearly twice the normal level of sodium in his blooda highly abnormal findingas well as bleeding in the brain, and as Hess questioned her, he tried to ascertain what had happened. Tell Only Hannah had been able to break through. I feel at such a loss, as do all of us who were fortunate enough to have been graced with Dabney's presence. Receive obituaries from the city or cities of your choice. The mood in the car was giddy; the kids were excitedly discussing the news that they would have a baby sister when Larry, distracted, ran a stop sign and collided with another car. Hannah and Larry had taken her in after her marriage ended in divorce, giving her their extra bedroom while she got back on her feet. He was loved by many for his gentle nature and loyalty. Hannah Overton, family celebrate her pregnancy months after she's declared innocent in boy's death, Hannah Overton, supporters chant 'Actually innocent' after capital murder dismissal, Nueces County DA to dismiss Overton case, declare woman innocent, Your California Privacy Rights / Privacy Policy. He was preceded in. Finally, Jimenez stated, I do not believe that there was sufficient evidence to indicate that Hannah Overton intentionally killed Andrew Burd. In response, Eastwood penned an affidavit, asserting that she did not engage in any misconduct. What little is known about Andrew Burds early life is contained in a slim Child Protective Services case file that chronicles the boys descent into the child welfare system. I was one of those who was lucky enough to share a friendship with this kind, strong and loving man. The families shared an unofficial open-door policy, and when Andrew had begun acting up the previous afternoon, Hannah had called Haller for help, asking if she could look after Sebastian for a little while. Please know that you all are surrounded by love, no matter how great your grief. The following day, family court judge Carl Lewis awarded temporary custody to Hannahs mother and stepfather. For us to go to [the clinic] was a lot faster than it would have been had we called, at that point., As we talked about Andrew, she had to stop several times to compose herself. How had she known how much salt would kill him? The Carvers, like most members of Calvary Chapel, never doubted her innocence. He soon lapsed into a coma. I am truly shocked and saddened to hear of Dabney's passing. My job requires me to be an advocate for the state. I am so sorry to hear about Dabney. The nondenominational church, on the south side of Corpus Christi, drew many young evangelicals with its emphasis on a verse-by-verse understanding of the Bible, and Larry and Hannah were well-regarded members. My friend Dabo - thanks for the fun at Washington and Lee but mostly for these last few years when your selflessness and wisdom were refreshing to see and experience. He recalled how Michael used to chew on his fingers, a chronic problem that left his skin bloody and raw. Hannah was less impressed, given that Larrywho, at sixteen, was an enthusiastic fan of Christian punk rockwas sporting a nose ring and a blue mohawk. Elaine and I are deeply saddened by his sudden passing. Do Not Sell or Share My Personal Information. The court ruledher trial lawyers were ineffective, and sent her case back to be retried. Dabney was always smiling, no matter what was going on in his life. There were so many bruises and scratches that it would be difficult to describe them all. Rotta allowed that the appearance of Andrews body may have been due in part to the fact that he was coagulopathic, or not able to clot blood properly, a condition that occurs after a person has gone into cardiac arrest and can cause excessive bleeding and bruising. They were no different from other children their age: exuberant, funny, guileless. He and Hannah are allotted two hours, during which they sit together in the dayroom, flanked by other inmates and their families. Four months later, on October 2, 2006, Andrew fell suddenly and acutely ill while he was alone with Hannah. Kids loved her. I can do all things through Christ who strengthens me, Hannah would remind him, quoting Philippians. He was such a kind person, always with a smile on his face and a warm hug. Dabney was loved and treasured for his gentle nature, ready smile, and intelligent wit. But Saenzs account of his whereabouts on the evening of the murder did not jibe with the evidence, and blood that matched the victims type was discovered inside his van. The court, which could rule imminently or years from now, could send the case back to Judge Longoria for a hearing orfar less likelyoverturn her conviction. She's since createdSyndeo Ministries tohelp prisonerstransition back into society. movie nights, waking up to their beautiful faces. The Court of Criminal Appeals is currently reviewing her writ, which contends that the information about Andrews gastric contents are grounds for a new trial. ABC News has followed Overton and her husband's story since her original trial. I could never thank my attorneys enough for fighting endlessly to prove my innocence and bring me home.. Sitting in the courtroom, she tried to explain how she had failed to recognize that Andrews condition was life-threatening. Four subsequent investigations were triggered by reports of abuse or neglect, including one allegation that both his mother and maternal grandmother were incapable of properly caring for him because they used methamphetamines. Why Does He Get to Make That Call? -- Sarah Albiston, I enjoyed working with Dabney from time to time. The cause of death was determined to be salt poisoning, an extremely rare occurrence that, in children, results from either a child inadvertently ingesting too much salt or a caretaker deliberately forcing the child to do so. A pediatric critical care specialist who treated Andrew at Driscoll, Alexandre Rotta, grew equally troubled. May your memories bring you comfort. His dogs and ours were "buds". Our thoughts and prayers are with you and your family during this difficult time., With love and warm memories of our Cousin Pete. When they took him along on errands, they had to keep him from eating the old gum and cigarette butts he found on the ground. At 13, he served as a page for the General Assembly of Virginia. May God bless you and. He left me with that gift. I always knew I'd be able to catch up with him on occasion at the Village Starbucks. But was this churchgoing young woman a vicious child killer? I figured, Well, weve got to start with one, so lets see how far we get. Isabel, and then Ally, followed. The following evening, Andrew was dead. It seemed to me, based upon the wording of the charge, that we had no choice but to find her guilty of capital murder. But, Warfield added, I do not believe that Mrs. Overton knew that her actions (or lack thereof) would kill Andrew Byrd [sic]. He was a good friend and a great dancer!! I was truly saddened to hear of Dabney's passing. But both mother and daughter are doing fine. Sadly she lost her . That perception would throw her other children into the investigation as well. Nevertheless, the idea that Andrew had sustained a head injury propelled the case forward, further casting Hannah as an abuser. My thoughts and prayers are with you and your family. He was such a kind person and always had a smile on his face. Hannah was seven when Saenz was arrested in 1984 and charged with a singularly horrific crime: the bludgeoning death of a sixteen-year-old girl whose nude body was discovered at the waters edge on Padre Island. Then he corrected himself. . Until his arrest, Saenz had led a seemingly normal life: in addition to leading his nondenominational congregation, he worked as an office-machine mechanic while his wife, Lane, stayed home with their two children. How had Hannah, who was six months pregnant and recovering from whiplash, managed to overpower Andrew? After dinner the kids settled down in front of the TV to watch a movie that was Isabels pick: a Japanese animated film that her brothers and sisters showed less enthusiasm for, fidgeting as they lay next to each other on the carpet. Hannah R. (Saem) Overton . Its daily. We truly thought his obsession with food was a behavioral issue, not a medical one, Larry said. Both Larry and Hannah had done missionary work, and as a teenager, Hannah had spent holidays volunteering at an orphanage across the border, in Reynosa, where she had fed, bathed, and ministered to kids who had been living on the streets. Very sad to hear this news. I wasnt thinking, obviously, or I would have just taken him to the hospital, Hannah told the detective. Overton was convicted of capital murder, an automatic life sentence in Texas because the child was under the age of 6. Its about trusting God and seeing how he is a god of redemption and restoration, she said. She was always smiling, always laughing. As a teenager, she was captivated by missionaries stories of serving in far-flung places, and she began going on group mission trips herself, once venturing as far as Romania. Andrews adoption hadnt been finalized, Haller said. I am so sorry to hear of Dabney's sudden passing. The thoughts and prayers of your co-workers are with you and your family. I am happy that he has gone before us because I know if God has taken him before so many other people then he must be going to someplace better. If he was denied a second or third helping, he would routinely throw a tantrum or get down on his hands and knees to scavenge the floor for crumbs. His mother was just sixteen, the file shows, when she gave birth to him in Corpus Christi on July 28, 2002. I worked with him at Branch, Cabell many years ago. Hannahs father was the Reverend Bennie Saenz, an evangelical preacher in Corpus Christi whose fall from grace profoundly altered the course of her childhood. I was just trying to fix itto do anything I could to fix my baby, she said. This is where Andrew used to sleep, Isaac told me softly as he led me into the boys room. The kids now range in age from four to twelve, and when I visited them late one afternoon, not long after I had seen Hannah, they seemed unencumbered by the tragedy that had engulfed their family.