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Tuesday, March 10, 2015

Did Hannah Overton Murder Her Son?

     Andrew Burd was born in Corpus Christi, Texas on July 28, 2002. The 16-year-old girl who gave birth to him had used, during her pregnancy, meth, crack cocaine, LSD, and marijuana. The expectant mother had also consumed alcohol, took Xanax, and smoked cigarettes. The baby's 17-year-old father worked for a traveling carnival. This infant should have been taken from his unfit parents at birth.

     Andrew was a year old when his mother took him to an emergency room with a broken arm. A doctor suspected child abuse and called Child Protective Services (CPS). Nothing came of the CPS investigation, and the baby was returned to his mother. Eventually, after repeated evidence of child abuse, CPS agents, on the grounds that Andrew was in "immediate danger," took him from his young parents. The agency placed the two and a half-year-old toddler into foster care where he was shuffled from one home to another.

     In 2006, Corpus Christi residents Larry and Hannah Overton heard about Andrew Burd through their evangelical, nondenominational church, Calvary Chapel of the Coastlands. The couple resided in a modest ranch-style house with their four young children. Twenty-nine-year-old Hannah was six months pregnant at the time. Although the family struggled financially from what Larry Overton earned as a landscape lighting installer, the couple expressed interest in adopting Andrew.

     In 1984, when Hannah Overton was seven-years-old, her father, Bennie Saenz, an evangelical preacher, was arrested and charged with murder. Convicted of bludgeoning a 16-year-old girl to death, then dumping her body along the shore of Padre Island, the Corpus Christi preacher went to prison for 23 years. (I presume he was released in 2007.)

     Before her marriage to Larry, Hannah had worked as a volunteer in an orphanage in Reynosa, Mexico across the border from Corpus Christi. As a married couple, Larry and Hannah had performed missionary work for their church. By all accounts they were decent people, loving parents who had never been in trouble with the authorities. Moreover, neither Larry or Hannah had a history of mental illness.

     In the spring of 2006, Andrew Burd joined the Overton family on a six-month probationary basis. On October 2, 2006, not long after the official adoption, the four-year-old became suddenly ill. He began vomiting and struggled with his breathing. Hannah, instead of immediately calling 911, telephoned Larry at work. He rushed home. When Andrew became unresponsive, the Overtons rushed him to a nearby urgent care clinic. When nurses at the clinic failed to revive Andrew with CPR, paramedics transported the boy to Corpus Christi's Driscoll Hospital.

     Medical personnel at the urgent care clinic, suspicious of child abuse, notified the police shortly after Andrew was admitted to the hospital. Within hours of Andrew's hospitalization, police with the Corpus Christi Police Department searched the Overton residence.

     In the evening of October 3, 2006, Andrew Burd died. Dr. Ray Fernandez, the Nueces County Medical Examiner, performed the autopsy. The forensic pathologist, finding some bleeding of the brain, external scratches and bruises, and twice the level of sodium in the dead child's blood, ruled the manner of death homicide. Dr. Fernandez identified the boy's cause of death as "acute sodium toxicity with blunt force trauma as a contributing factor." (Dr. Fernandez did not acknowledge that the brain hemorrhaging could have been caused by the sodium content in Andrew's blood.)

     Child Protection Services agents took the other Overton children out of their home and placed them with relatives. (Eventually the children would be placed under the care of Hannah Overton's mother.) A few days after Andrew's death, Corpus Christi detective Michael Hess, an investigator who specialized in child abuse cases, interrogated Hannah Overton at the police station. She had agreed to be questioned without the presence of counsel.

     Detective Hess made it clear that he believed that Hannah, feeling overburdened with so many young children, had murdered her adopted son. "I don't see," he said, "what caused the trauma to the brain. I don't see what caused the salt content. Did you at any time strike him?" (At this point, Hannah Overton should have asked for an attorney.)

     The five-hour grilling at the police station ended without a confession. In his report, Detective Hess wrote: "It should be noted that during the entire conversation (conversation?), Hannah Overton showed no emotion." Notwithstanding Hannah Overton's insistence that she had done nothing to harm her adopted son, Nueces County Assistant District Attorney Sandra Eastwood, a child protection crusader, charged the mother of five (she had since had her baby) with capital murder. Under Texas law, if convicted as charged, Hannah Overton would go to prison for life without the chance of parole.

     The televised Hannah Overton murder trial got underway in Corpus Christi in August 2007. Prosecutor Eastwood, in her opening remarks to the jury, said, "We don't know precisely how she [the defendant] got [the salt] down Andrew, but we know that he [the child] was very, very, obedient."

     Dr. Ray Fernandez, the Nueces County Medical Examiner testified that he had seen "burn-like scarring" on Andrew's arm that had likely been caused by "contact with a hot surface." (Judge Jose Longoria did not allow Dr. Fernandez to state that blunt force trauma had contributed to Andrew's death. The judge, due to insufficient scientific evidence to back up this part of the pathologist's testimony, ruled it inadmissible.)

     Dr. Alexander Rotta, a pediatric critical care specialist from Indianapolis, Indiana, testified that "There were so many bruises and scratches [on Andrew's body] that it would be difficult to describe them all." Dr. Rotta told the jurors that the sodium content in Andrew's blood amounted to six teaspons of salt. In the doctor's expert opinion, Andrew Burd's death had not been accidental.

     After Detective Michael Hess played a video of the defendant's interrogation, one of the nurses who had performed CPR on Andrew at the urgent care clinic testified that the defendant, during the emergency, had not behaved like a panic-stricken parent. In fact, she often had a smile on her face. Two other urgent care clinic employees took the stand and gave similar testimony. One of these witnesses said that she had heard the defendant tell someone at the clinic that the boy had stopped breathing after he had been "punished." (While children are "punished" all the time, jurors probably interpreted this comment as evidence of child abuse.)

     At the close of the state's case, defense attorneys David Jones and Chris Pinedo brought Harvard educated forensic pathologist Dr. Judy Melinek to the stand. Dr. Melinek identified the sores on Andrew's body as being consistent with mosquito bites that had been excessively scratched. The witness, on the issue of  how all of that sodium had entered Andrew's system, said that in all probability the child suffered from a rare eating disorder called pica. Children with this malady have an uncontrollable desire to consume inappropriate substances such as salt.

     Hannah Overton, who took the stand on her own behalf, did not come off as a convincing or even sympathetic witness. (Her attorneys, given the accusations in the case, had no choice but to put her on the stand.) At this stage of the trial, given the testimony of the medical examiner, the pediatrician from Indiana, and the urgent care clinic personnel, the jurors had probably made up their minds.

     The three-week trial came to an end when the jury, after deliberating eleven hours, found Hannah Overton guilty of capital murder. (She would eventually be sent to the maximum security women's prison outside of Waco, Texas.) Overton's attorneys, shortly after the verdict, polled the jury. The defense attorneys were stunned to learn that all of the jurors had found the defendant guilty for intentionally not getting Andrew immediate medical help. None of the jurors had been convinced beyond a reasonable doubt that the defendant had poisoned her child with salt.

     Two days after the guilty verdict, Dr. Edgar Cortes, the emergency room physician on duty at Driscoll Hospital the day Andrew arrived, and the pediatrician who had resuscitated the patient before he was sent to the intensive care unit, wrote a letter to the Overton defense team. Dr. Cortes informed the lawyers that while he had been scheduled to testify for the prosecution, prosecutor Sandra Eastwood never called him to the stand. The doctor wasn't called because in his opinion, Andrew Burd's death had been accidental. Dr. Cortes, had he taken the stand, would have testified that Andrew had been a hyperactive child who suffered from an autism spectrum disorder. (Dr. Cortes had studied Andrew's medical records.) This would account for the boy's inappropriate eating habits, obsessive scratching and picking, and head banging.

     In the months following the guilty verdict, three prominent appellate attorneys--Cynthia Orr, John Raley, and Gerry Goldstein--took an interest in the Overton case. The attorneys filed an appeal alleging newly discovered exonerating evidence, ineffective legal representation at trial, and the withholding of exculpatory evidence from the defense by prosecutor Sandra Eastwood.

     In 2009, the Texas Circuit Court of Criminal Appeals upheld the Overton capital murder conviction. The justices found no proof that the state had known of Dr. Edgar Cortes' cause and manner of death opinion. The appellate judges also rejected the newly discovered evidence and ineffective counsel claims.

     In the spring of 2010, the Overton appellate team petitioned for the right to have access to the prosecution's file on the case. Prior to the trial, prosecutor Eastwood, when asked by defense attorneys for access to documents related to Andrew's stomach contents, claimed that such a report didn't exist. The appellate attorneys, when they were given the opportunity to examine the prosecution's file, found the gastric contents report. Not only did they find the report, according to this document, Andrew's stomach contents did not reveal elevated amounts of salt when he arrived at the urgent care clinic.

     Hannah Overton's appellate team also learned that prosecutor Eastwood had scheduled, for testimony, Dr. Michael Moritz, the clinical director of pediatric nephrology at the Children's Hospital of Pittsburgh. Dr. Moritz specialized in children's kidney diseases, and in 2007, had published a paper on accidental child salt poisoning cases. Dr. Moritz had found that a vast majority of these cases involved boys between the age of one and six. Moreover, they had all had been in foster care, or were from abusive homes. All of these boys suffered from the eating disorder, pica.

     Dr. Moritz told the appellate team that he had waited days in the Corpus Christi court house for his turn to take the stand. When the doctor told prosecutor Eastwood that he had to return to Pittsburgh, she arranged for a video deposition that because of time, was not completed. Had he taken the stand, Dr. Moritz would have testified that in his expert opinion, Andrew's death had been accidental.

     Appellate attorney Cynthia Orr, about the time of the Dr. Moritz revelation, received a letter from Anna Jimenez, the former Nueces County prosecutor who had worked on the Overton case with Sandra Eastwood. Regarding whether Eastwood had withheld exculpatory evidence from the defense, Jimenez wrote: "I fear she [Eastwood] may have purposely withheld evidence that may have been favorable to Hannah Overton's defense.

     In April 2011, Cynthia Orr petitioned the Texas Court of Criminal Appeals for an evidentiary hearing on the Overton case. Ten months later, in February 2012, appellate judge Cathy Cochran ordered the Corpus Christi trial court judge to hold such a proceeding to entertain the appellate team's assertion that Hanna Overton, an innocent person, had been wrongfully convicted of murder.

     The evidentiary hearing began on April 24, 2012. Chris Pinedo, one of Overton's trial attorneys, took the stand. Pinedo testified that he had asked prosecutor Sandra Eastwood for a sample of Andrew's gastric contents that had been acquired by Driscoll Hospital personnel. Attorney Pinedo wanted to have an independent scientist analyze this evidence for sodium content. The defense attorney was told that such evidence did not exist. Because he had acquired photographs of the stomach contents  that had been taken at the Nueces County Medical Examiner's Office, attorney Pinedo knew that he had been lied to.

    Forensic pathologist Dr. Judy Melinek testified that because Neuces County medical examiner, Dr. Ray Fernandez, had failed to adequately analyze Andrew's hypothalamous and pituitary glands, his cause and manner of death conclusions were questionable.

     Dr. Edgar Cortes, the emergency medicine pediatrician who had attended to Andrew at Driscoll Hospital before the boy's death, took the stand and described how he had waited at the court house to testify as a prosecution witness. "I told Assistant District Attorney Sandra Eastwood, 'I hope you're going to come forward with some other [homicide] charge than capital murder because I don't think this was capital murder.' " When asked by attorney Orr why prosecutor Eastwood hadn't put him on the stand, Dr. Cortes said, "I felt like the prosecution had its own theory about what happened." (That is fine as long as the prosecution's theory is backed up by proof beyond a reasonable doubt.)

     Dr. Michael Moritz, the clinical director of pediatric nephrology at Children's Hospital of Pittsburgh, one of the nation's leading experts on salt poisoning, took the stand on day two of the Overton evidentiary hearing. Dr. Moritz said he believed that if Andrew Burd had ingested a lethal dose of salt, he had fed it to himself. The doctor testified that intentional, force-fed salt poisoning was extremely rare.

     Day three of the Overton hearing featured the testimony of former prosecutor Sandra Eastwood. In 2010, Eastwood had been fired from the Nueces County District Attorney's office after she had informed the district attorney that she had been romantically involved with a sex offender. During the Overton trial in 2007, Eastwood, an alcoholic, had been functioning under the influence of alcohol and prescription diet pills. Her responses to Cynthia Orr's questions were vague, confusing, and often contradictory. The witness said that her drinking and pill taking had destroyed her memory of the Overton case. As a witness, Eastwood come off more pathetic than evil.

     Eastwood's former assistant in the Overton case, Anna Jimenez, followed her to the stand. According to Jimenez, Eastwood had made the following comment to her: "I will do anything to win this case." Jimenez testified that in her opinion, Sandra Eastwood's behavior during the Overton murder trial was "so far out." The witness testified further that she believed that Hannah Overton should have been charged with a lesser homicide offense. Regarding Eastwood's claim that the boy's gastric contents evidence did not exist, Jimenez said, "She is not truthful."

     On the sixth and final day of the Overton evidentiary proceeding, David Jones, one of Overton's trial attorneys, broke down on the stand. "I failed miserably," he said. "There's probably not a day since this verdict that I don't regret spending more time on this case. I should have done more."

     On June 1, 2012, a month after the conclusion of the Overton hearing, District Court Judge Jose Longoria issued his recommendation to the Texas Court of Criminal Appeals. In a 14-page opinion, Judge Longoria explained why he saw no new evidence that would have altered the outcome of Overton's murder trial. "The court," he wrote, "concludes that all of the supposedly newly discovered evidence actually was clearly known and discussed at the time of the trial."

     Hannah Overton's appellate team, as well as a large group of people who believed she was an innocent mother who had been railroaded into prison by an overzealous prosecutor, were stunned by Judge Longoria's opinion. The imprisoned woman's fate rested with the Texas Court of Criminal Appeals. In making their decision on whether or not to grant Overton a new trial, the appeals court justices were not bound by District Court Judge Longoria's recommendation.

     On September 18, 2014, the Texas Court of Criminal Appeals voted 7 to 2 to grant Hannah Overton a new trial. The appellate judges cited problems associated with prosecutor Sandra Eastwood and criticized Overton's trial attorneys for not calling to the stand a salt poisoning expert.

     The Nueces County District Attorney, after losing the appeal, had four options. He could charge Overton again with capital murder, file lesser charges against her, offer a plea deal, or simply dismiss the case. The prosecutor chose to try Overton again for capital murder.

     On December 16, 2014, a Nueces County judge set Overton's bond at $50,000. She posted her bail and was released from prison to await her second trial.

Note: This account of the Overton case would not have been possible without the original reporting and excellent journalism of Pamela Colloff. In 2012, Colloff wrote several articles about the case for Texas Monthly. 




  1. This is an excellent overview of the Overton case. Many thanks! We need more people to take an interest in this miscarriage of justice.

  2. I feel in my heart Hannah is innocent. My own daughter is also serving time in prison for something she did not do - amazing how her story and Hannah's story are so very similar - total abuse of power from the prosecutors and the judge. We continue to pray for these innocent women and know they will someday go home to their families.

  3. Thank you for keeping this story in the public eye. I check every couple of months to see if anything new has happened in this poor woman's case. It seems a true miscarriage of justice.
    On another note, Corpus Christi does not share a border with Mexico, but it does share a border with the Gulf of Mexico. Reynosa is across from McAllen, Tx and Hidalgo, Tx. No offense intended just f.y.i. Thanks again for the important article.

  4. i just saw this story on Dateline-- i do not believe this woman is guilty and I believe the prosecutor is an aggressive barracuda who can't admit she made a mistake. I hope she eventually wins her appeals. I am a follower of true crime and more often than not I am on the side of the prosecution, but no in this case. this is a miscarriage of justice.

    1. Eventually win her appeals? No!!! Her appeals should be won Now. This woman does not deserve to be in prison one minute longer.

    2. I totally agree with the above two replies as well as the others which support that HANNA OVERTON IS NOT GUILTY! I once was called as a prospective juror to a case in which the defendant had two convictions of DWI and this was this individual's third DWI and in this case probation was not an option if this person was found guilty. The judge, prior to selecting jurors, severely warned all of us against having a biased opinion as to whether this person was guilty or not guilty, prior to hearing this case in a trial, and should one of the jurors later found to have been biased in this person's conviction prior to the trial that this would cause this case to be declared a mistrial which would force the state of TX to have to set aside the findings of the jurors. Why was this law not applied in deciding the guilt or innocence of Larry and Hanna Overton. Obviously the Lead Prosecutor as well as all of the other prosecutors in this case did not want to fairly apply the law for the Overtons. Any other case handled like this case was handled would result in disciplinary action taken against the lead prosecutors as well as the other prosecutors Probably even to the point of de baring all of these individuals. The appeals court needs to take note and realize all of the injustice done to the Overtons and then release Hanna back to her family and church.

    3. I am replying and want to remain anonymous

  5. There is systemic collusion in this case. I wonder if Hannah ' s conviction is, in part, retribution for the murder committed by her father. Ignoring exculpatory evidence seems like politically influenced negligence. Is there a link between the judge or a high ranking Texas official and the person murdered by Hannah ' s father. There is an underlying scheme being perpetrated against Hannah.

    1. I saw this case on 20/20ID investigation last night. I had never heard of it before and am riveted. I believe what this last poster wrote has to be the case -- someone has it out for this woman. Why would they not want all the facts on the table? Her poor husband is home caring for those children by himself. What a nightmare story! Should they have called 911, in hindsight, yes - but to put her away for life is insane.

  6. Sad sad sad. We can't trust our justice system. PATHETIC!

  7. My God, what can we do to help this poor family? This mom sits in jail while a psychopath like Casey Anthony literally gets away with murdering her baby!! What is this world coming to? People are just totally ignorant, absolutely no common sense. I just wish I knew how I could help this family.

  8. I too just saw this on Dateline this morning but had to leave for work before the end of the story so like all inquiring minds I searched the internet for anything. What an excellent blog here from Jim and I truly believe this woman is innocent. TX style of justice is more like injustice. How many convicted innocent people are getting freed from TX prisons in the last decade or more. Truly disgusting and what is worse, Longoria said there was no new evidence that wasn't discussed at trial? Was he sharing the same bottle of liquor with the fired prosecutor? I think so.

  9. I am beside myself that Hannah is still in prison. She is so obviously innocent. The Overton's account of what happened, or probably happened, to Andrew is entirely believable. What's the matter with juries these days? I am wondering whether The Innocence Project is involved with Hannah's case.

    1. Contact Mike Ware:
      The Innocent Project of Texas

  10. I don't believe this mother is guilty and I pray for her and her family. May she be released from prison one day soon. Miracles still happen.

  11. Hannah is guilty and is right where she should be. The church that defends her should be ashamed as they have a history of defending guilty murderers such as Hannah's father.

    1. Why do you believe she's guilty? What evidence do you have, other than the word of a alcohol addicted prosecution? You're the first, I've seen, to think she's guilty.

    2. I watched the story tonite on Dateline so sad I will always pray for them It seems like a mockery of justice. Like Jesus the Christ... his case was a mockery of justice to right? May Jesus continue to comfort them having been innocently convicted himself

    3. I totally agree with you Mary Smith ~ she should never be able to get all these other people say poor husband and poor kids their mother is in jail what about Andrew an innocent child his parents weren't there for him hope Hannah rots in prison

    4. Unfortunately, a number of trolls follow suspected child abuse cases and are indifferent to the facts of the case. They simply see the death of a child. While the loss of Andrew is horrible, it is also horrible to imprison someone labelled with a crime they did not commit. It is about searching the facts of a case and understanding what leads to a proper decision. Hannah Overton may be guilty of not appreciating the "seriousness" od Andrew's condition because it wasn't something she was worried about. However, it is abundantly clear she is not guilty of the capital murder of this child. It has all been punishment enough. She should be home raising her own children instead of being a burden on my taxes. As well - to you who are quick to judge - think about being in this position yourself. You wouldn't wish blanket and false accusations to determine your guilt or innocence. Because I am not ashamed of my comments, I will sign my name. I used Anonymous because I don't want to set up an account. wjnorbom

    5. Texas has the highest number off children killed by parents or guardians.
      Parents are brutal punishing children.
      There is a BBC documental filmed in Texas.
      Christians excuse physical punishment.
      She is guilty to many bruises and cuts on the child.

    6. I am the mother of an autistic child; everything they described about Andrew--his pica, tantrums (meltdowns), head banging, feces smearing, scratches and sores from messing with bug bites, developmental delays--all clearly point to him having autism. We have to hide the salt from our son. He will get the shaker and shake it directly on his hand...he'd do this all day if we let him. It is blatantly obvious that Andrew overdosed on salt when she fell asleep + all the salty food they fed him ignorantly. Since they didn't even know he had autism or understand pica, it is normal that they wouldn't understand the risk of the foods he was eating or recognize the symptoms of salt toxicity. Thus is sad, but not criminal. What is criminal is that there were so many ignorant, uninformed people involved in this case, she didn't stand a chance.

  12. This woman is INNOCENT! Politics in the justice system has sent this mother of 5 to prison. They should be ashamed of themselves. They will have their place in the Lake of Fire!

  13. I've seen the justice for Hannah pages out there, and I was just wondering where is the justice for Andrew page? She is at the very least responsible for medical neglect of a child (who in their right mind doesn't call 911 for an unresponsive child!?!), at most she is an abusive (putting spices in you child's sippy cup is not healthy, normal parenting, no matter your reason!) murderer. Either way, she needs to be in jail.

    1. If this is in fact what occurred, then don't you believe she has been punished enough? Andrew had some serious issues prior to coming into this home. Do we punish every parent for their children stealing food from the closet? What about the children who use guns to kill their siblings? Or the accidental poisonings? We must be very careful what we label a capital murder. It only takes a few moments of turning your back - and a child can fall into a pool, drown in a toilet, run off in a shopping mall. I defy any parent to say they are perfect in every way. Sorry - but there simply isn`t enough evidence to convict for murder. I am pleased she has been granted a retrial. wnorbom

  14. There is no miscarriage of justice and nobodies "heart" should matter here. Our justice system is unjust, period! What we hail as the pinnacle of justice - the jury system - is a farce in a country in which 50% write "should of" and "would of" and 30% cannot point to their own country/state on globe. Each time you agree to a jury trial, you are given your live over to a group of people who has nothing better to do and/or was to stupid to get out of it.

    You only have to look around here. Half the people cannot even muster the attention span it takes to scroll down the page - like this talking monkey...

    Anonymous wrote "[...] who in their right mind doesn't call 911 for an unresponsive child [...]", when in fact the article VERY CLERALY stated: "Hannah, instead of immediately calling 911, telephoned Larry at work. He rushed home. When Andrew became unresponsive, the Overtons rushed him to a nearby urgent care clinic."

    Those are the kind of people that end up juries, with their warped sense of justice and their inability to comprehend simple facts.

    There was not a shred of actual ("direct") evidence in this case and this women was - like so many - convicted on an assumption of guilt and the lack of an alternate theory.

    How do you people think that 2% of the population end up in the penal system? Because they're all criminals, or because they all end up caught in the claws of the most defective and self-glorifying injustice system of the civilized world?

    1. Hannah didn't immediately call 911 - she didn't call at all! With calling her husband and waiting for him to come home to then take Andrew to an urgent care, not even an actual hospital, paramedics could have been treating him already if she had just called 911 first.

      Wait for the husband
      Go to urgent care
      Finally to a hospital - how long did all that delay his treatment????

      She admitted giving him Cajun spice in his water and putting hot pepper flakes on her children's tongues because the pastor said to. His room was in terrible condition and her own children said they watched Andrew on camera until he fell asleep.

      I think Andrew needed a lot more help than this couple could provide but they wanted to look so goody-goody to their church by adopting him that they didn't want to admit it. Shameful.