DECATUR - A baby sitter for three children who drowned in Clinton Lake three years ago regrets her failure to report suspected child abuse of the children to authorities.
"They'd probably be alive today," Susan Swearingen told a Macon County jury during testimony in the murder trial of Amanda Hamm.
Hamm, 30, is accused of conspiring with then-boyfriend Maurice LaGrone to kill her three children, who drowned in September 2003 after their mother's car sank in the lake. LaGrone is serving a life sentence for his role in the deaths.
Swearingen recounted an incident in August 2003 when Christopher Hamm, 6, told her LaGrone had put his 3-year-old Austin Brown's head in the oven and turned it on. LaGrone allegedly was upset because the children were making noise while he was watching a basketball game, said Swearingen.
She said she attempted to tell Hamm about the boy's accusations but Hamm said she was in a hurry and did not stop.
Defense attorney Steve Skelton asked Swearingen when she notified the state Department of Children and Family Services, the county or city police about the incident.
"I didn't," Swearingen answered. She said she did not see signs of physical abuse during the months she babysat the two boys and their 23-month-old sister, Kyleigh Hamm.
Skelton later told reporters that some defense witnesses may offer details that are not accurate. Some witnesses "may emotionally back track and make themselves feel better about what they didn't do" to help the children, he said.
The former babysitter cried several times as she talked about the changes she saw in Hamm and the children after LaGrone moved into the family's apartment in a public housing complex. Hamm stopped bringing food and the children went without baths and clean clothes, said Swearingen.
Swearingen was one of seven witnesses to testify Friday. The jury also saw a videotape of the road leading to the west-side boat access from Ill. Route 10.
Hamm took notes and talked with Skelton throughout the day's proceedings.
The prosecution contends Hamm and LaGrone plotted to drown the children because they were in the way of plans to move to St. Louis where Hamm would attend college.
A Maroa woman testified she saw only LaGrone in the car as it pulled up behind her on the road leading to the boat ramp. Pam Weikle told investigators "it would be mind-boggling to me" if more than one adult were in the car. She said she saw one small boy standing in the back seat.
On Thursday, prosecutor Ed Parkinson said Hamm may not have been in the car when it went onto the boat ramp.
After Weikle testified, Skelton commented on the state's theory of Hamm being outside the car when it was put on the ramp. "It's a great theory, but it's not true," said Skelton.
Other witnesses Friday included a former waitress who served the couple and the children shortly before the drownings. Teresa Lynch, who now works for a Decatur psychiatrist scheduled to testify at the trial, said LaGrone seemed agitated at The Shack restaurant.
"They were really quiet and there wasn't much of a family thing going on," said Lynch.
When the trial resumes Monday, the state will call a Clinton boater who was the first person to see the car submerged in the lake. Police and rescue workers who pulled the children from the lake will follow.
Each side has estimated that testimony will take about a week.
Posted in News on Friday, November 3, 2006 12:00 am Updated: 11:14 am.
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