Trial begins in Madison Township toddler Kinsley Kinner's death

Jury will first visit home where toddler died
Kinsley Kinner: Trial begins in toddler's death
Kinsley Kinner: Trial begins in toddler's death
Posted at 8:06 AM, Sep 26, 2016
and last updated 2016-09-27 12:24:59-04

HAMILTON, Ohio -- Instead of celebrating the third birthday of Kinsley Kinner this week, the toddler’s family will be in a Butler County courtroom for the trial of her mother’s boyfriend, who is charged with murder, felony endangering children and involuntary manslaughter in Kinsley’s death last December.

The 12 jury members and two alternates will be transported to the Radabaugh Road house by the Butler County Sheriff’s Office just before opening statements Tuesday in the trial of Bradley Young, the Journal-News reported.

Jurors will walk through the house and look in the garage, according to a Sept. 20 ruling by Butler County Common Pleas Judge Keith Spaeth. The defense team requested that the jury physically view the Radabaugh Road house, but there was some question if the tenant, Chuck Diesbach, would give his consent. Diesbach was in court Sept. 20, and his attorney indicated he had consented to the viewing.

Jury selection was underway Monday for the trial of Bradley Young, who is charged with murder, felony endangering children and involuntary manslaughter in the death of 2-year-old Kinsley Kinner last December.

Young entered the Butler County courtroom Monday morning clutching a Bible.

Seventy potential jurors were summoned for the trial, but only 42 showed up for jury selection.

In addition to a number medical witnesses, investigators and detectives expected to take the stand in the case against Young, Rebekah Kinner, Kinsley’s mother, is expected to testify, the Journal-News reported. To take the stand, Kinner will be transported from prison, where she is serving an 11-year sentence after pleading guilty to involuntary manslaughter, permitting child abuse and endangering children in the death Kinsley.

Kinner will be a key witness in the prosecution’s case, but defense attorneys are expected to hammer her with questions to get to the truth.

The father and son defense team of Frank Schiavone IV and Frank Schiavone III say Kinner has made several contradicting statements involving the death of her daughter.

Shortly after Young’s arrest, Schiavone IV said he was “investigating other people who might be responsible” for the child’s fatal injuries.

“That could be family, friends and acquaintances. We are tracking down every lead and every rumor,” he said.

This week, closer to trial, the defense and prosecution have been quiet about the upcoming proceedings.

“It has been a very difficult time for Brad and his family,” Schiavone IV told the Journal-News. “We are looking forward to the opportunity to present a complete account of all the events leading up to and the cause of Kinsley’s death.”

There has been an outpouring of support for Kinsley’s family both on social media and at the funeral attended by hundreds who also donated toys for a toy drive in her memory. And the Pray for Kinsley/Justice for Kinsley Facebook page has more than 23,000 followers.

The attention has raised some question with the defense attorneys about the ability to seat a fair and impartial jury.

“There is a worry that people feel very strong about this case and cannot be fair and impartial,” Schiavone IV said.

Butler County Common Pleas Judge Keith Spaeth has called for 70 perspective jurors. More can be called, he said, if a jury is not seated today.

Young’s trial is anticipated to last seven to 10 days.

Kinsley died Dec. 3 after suffering a fatal beating at her Madison Township home, allegedly at the hands of Young.

In a 911 call, Kinner told county dispatchers: “My daughter, she is coming in and out of consciousness, and she is not breathing right now.”

On the recording, dispatchers are heard talking a man through how to administer CPR to the little girl. Kinner, who was crying, said, “She went to bed and she woke up screaming at the top of her lungs twice, and now we can’t get her to wake up.”

During questioning, Kinner told detectives she saw Young shake and punch her daughter the night before she was found unresponsive.

Kinner, who was pregnant at the time of her daughter’s death, pleaded guilty to involuntary manslaughter for not stopping the abuse of her daughter.

At her sentencing, Kinner’s defense attorney, Kyle Rapier, said she was “brutally” raped at age 13 and suffers from PTSD and other disorders as a result.

“ … part of the reason she failed to protect her daughter and herself is because of some of her experiences in her life,” Rapier said.

The Journal-News is a media partner of WCPO - 9 On Your Side.