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Cuyahoga Falls woman rejects plea deal in infant's death

By Bill Lilley
Beacon Journal staff writer

A Cuyahoga Falls woman charged with multiple counts in connection with the death of her infant son 18 months ago, including murder and aggravated murder, appears set to go on trial after rejecting a plea bargain the Summit County Prosecutor's Office offered Monday morning.

Heidi Hoffman and her attorney, Nicholas Brevetta, appeared before Common Pleas Judge Patricia Cosgrove and declined the offer.

Neither side would comment on the specifics of the deal from the prosecutor's office.

Cosgrove then set a trial date of Aug. 18 for Hoffman, who also is charged with involuntary manslaughter and child endangering.

Cosgrove also admonished Hoffman's husband, Christopher, for appearing in the courtroom. She reminded the couple that a court order barring direct or indirect contact remains valid and revocation of bond is a possibility if that order is violated.

Christopher Hoffman is charged with the same counts and had a pretrial hearing Monday afternoon in Cosgrove's courtroom. He is scheduled to go on trial June 9.

Heidi Hoffman, who gave birth to a daughter Feb. 16, had spent about five months in the Summit County Jail until her family posted bond a month ago, Brevetta said. She declined comment after Monday's hearing.

Assistant Prosecutor Brian Stano told the court that negotiations would continue.

''We have tried to work out some sort of resolution, but the efforts have not come to fruition,'' Stano said.

Brevetta would say only that there ''are some specificities [in the plea deal] that were not in the best interest of my client.''

''Negotiations are ongoing. I believe there is a lot that has to happen before we come to a resolution,'' Brevetta said, ''but anything can happen.''

Heidi and Christopher Hoffman were arrested and charged Dec. 17, 2008, after a yearlong investigation by the Cuyahoga Falls Police Department and the Summit County Medical Examiner's Office into the death of their 10-week-old son, Nathan Lee, on Dec. 9, 2007.

Authorities said Nathan Lee died from asphyxia due to a blockage in his airway.

The Hoffmans contend they did all they could to save their son, who had a tissue stuck in his airway.

Christopher Hoffman said he was feeding Nathan Lee about 2:30 a.m. He said he was wiping the baby's mouth with a tissue when the baby sucked the tissue down his throat.

Defense attorney Eddie Sipplen, who represents Christopher Hoffman, called the infant's death ''a tragic accident'' and accused the prosecutor's office of ''exploiting the situation'' during a news conference Dec. 26, 2008.

Brevetta called it ''an overreaching indictment.''

Brad Gessner, chief of the criminal division of the prosecutor's office, said the findings of the investigation — the baby had 20 rib fractures and a fresh fracture to the collarbone — merited the indictments.


Bill Lilley can be reached at 330-996-3811 or blilley@thebeaconjournal.com.

Defense attorney Nick Brevetta (left) and Heidi Hoffman in Summit County Court. Hoffman faces charges in the Deceber 10, 2007 death of her infant son Nathan Lee Hoffman. (Phil Masturzo/Akron Beacon Journal)

A Cuyahoga Falls woman charged with multiple counts in connection with the death of her infant son 18 months ago, including murder and aggravated murder, appears set to go on trial after rejecting a plea bargain the Summit County Prosecutor's Office offered Monday morning.

Heidi Hoffman and her attorney, Nicholas Brevetta, appeared before Common Pleas Judge Patricia Cosgrove and declined the offer.

Neither side would comment on the specifics of the deal from the prosecutor's office.

Cosgrove then set a trial date of Aug. 18 for Hoffman, who also is charged with involuntary manslaughter and child endangering.

Cosgrove also admonished Hoffman's husband, Christopher, for appearing in the courtroom. She reminded the couple that a court order barring direct or indirect contact remains valid and revocation of bond is a possibility if that order is violated.

Christopher Hoffman is charged with the same counts and had a pretrial hearing Monday afternoon in Cosgrove's courtroom. He is scheduled to go on trial June 9.

Heidi Hoffman, who gave birth to a daughter Feb. 16, had spent about five months in the Summit County Jail until her family posted bond a month ago, Brevetta said. She declined comment after Monday's hearing.

Assistant Prosecutor Brian Stano told the court that negotiations would continue.

''We have tried to work out some sort of resolution, but the efforts have not come to fruition,'' Stano said.

Brevetta would say only that there ''are some specificities [in the plea deal] that were not in the best interest of my client.''

''Negotiations are ongoing. I believe there is a lot that has to happen before we come to a resolution,'' Brevetta said, ''but anything can happen.''

Heidi and Christopher Hoffman were arrested and charged Dec. 17, 2008, after a yearlong investigation by the Cuyahoga Falls Police Department and the Summit County Medical Examiner's Office into the death of their 10-week-old son, Nathan Lee, on Dec. 9, 2007.

Authorities said Nathan Lee died from asphyxia due to a blockage in his airway.

The Hoffmans contend they did all they could to save their son, who had a tissue stuck in his airway.

Christopher Hoffman said he was feeding Nathan Lee about 2:30 a.m. He said he was wiping the baby's mouth with a tissue when the baby sucked the tissue down his throat.

Defense attorney Eddie Sipplen, who represents Christopher Hoffman, called the infant's death ''a tragic accident'' and accused the prosecutor's office of ''exploiting the situation'' during a news conference Dec. 26, 2008.

Brevetta called it ''an overreaching indictment.''

Brad Gessner, chief of the criminal division of the prosecutor's office, said the findings of the investigation — the baby had 20 rib fractures and a fresh fracture to the collarbone — merited the indictments.


Bill Lilley can be reached at 330-996-3811 or blilley@thebeaconjournal.com.




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Class of 73

Posted 12:43 PM, 06/01/2009

Where in the heck did that attorney get those side burns? ... Was he reincarnated from the civil war era!


packerchic
Willoughby, OH

Posted 01:49 PM, 06/01/2009

They deserve a fair trial..... maybe the baby had broken ribs from them trying to save the baby. what a sad story.




Posted 02:23 PM, 06/01/2009

Packer... a fair trial??? Geezus, give me a break. That's the problem with the justice system, monsters don't deserve to breathe let alone get a trial.


Ben Dover
Stow, Oh

Posted 03:10 PM, 06/01/2009

I have never heard such a load of bull in my life.
That baby was murdered. Period!


Golfer36
Stow, OH

Posted 03:14 PM, 06/01/2009

Hey nice pork chops!


John

Posted 04:03 PM, 06/01/2009

It's idiotic to say that you know the baby was/wasn't murdered unless you are directly involved in the trial and have reviewed the evidence.

This is why we have trials people - to attempt to find out the truth of matters.

Don't open your mouth unless you're prepared to share something useful folks.


ongirard
akron, oh

Posted 04:09 PM, 06/01/2009

I know these people and Chris and Heidi are some of the nicest people you will ever meet. I wouldnt believe in a hundred years they had something to do with the death of their son. When Chris found out he was having a boy he was soooo excited and so proud to be a father. Something this tragic could happen to anyone of us.


ongirard
akron, oh

Posted 04:26 PM, 06/01/2009

Think about it this way you wake up and find your baby not breathing would you not do everything in your power to save his life. If that was me I would have done cpr untill they pulled my child away from me and dragged me out of the room. Even if that ment I fractured every bone in his body I would have tried untill they took him away. Getting him to breathe or worry about a fractured bone? And Shawn your the idiot so I sure hope you dont produce as well. You let God be the judge and shut-up.


olfuzzster
akron, oh

Posted 04:50 PM, 06/01/2009

Should have taken the plea-jury isn't going to be too kind to her.


John

Posted 04:53 PM, 06/01/2009

Ongirard,
God doesn't conduct courtroom trials, ongirard. That's the job of human beings.

I'm guessing the "idiot" comment is directed at me since there's no one else here but me that used that term. I was actually calling for people to hold back on judging your neighbors until after the trial. They could be guilty or innocent and there's no reason to attack them until we know for sure. So, I was basically trying to say the same thing you were and you misunderstood.


karl rove
Snydertown, OH

Posted 06:10 PM, 06/01/2009

Lawyers are cool, therefore, they can have pork chops. Jews are the ones that cannot have pork. Dumb*sses !!

They must have beat the sh*t outa that poor kid. Some people should not breed.


ZipsBBFan
_________, OH

Posted 06:45 PM, 06/01/2009

ongirard
"Chris and Heidi are some of the nicest people you will ever meet". Okay but how do they explain away the fractures? New parents ill prepared and sleep deprived can reach a breaking point.( a kleenex??? I am sure new mom received some type of burpers towels or cloth diapers at her baby shower) They should have called in backup, grandma, a sister, grandpa... someone to help. So sad.


TyDurden
Columbus, OH

Posted 09:15 PM, 06/01/2009

Mutton Chops people! Mutton, not pork, good god I am surrounded by idiots.


MYOB
Akron, oh

Posted 11:11 PM, 06/01/2009

A 10-week old baby does not suck a tissue down it's airway just from you wiping it off after a feeding. I'm not saying they killed the baby, but he definitley needs a better explanation than that.


david

Posted 06:07 AM, 06/02/2009

We will never see or hear the truth of what happened here. When you have an incompentant prosecutor like Sorry Bevis Walsh not much good comes out of her office.

This could be an accident or could be murder but Sorry's incompentance will cloud the truth.


Flyboy0818
Cuyahoga Falls, OH

Posted 07:16 AM, 06/02/2009

Hey ongirard I'm not sure if you caught this but it say's 20 rib fractures and a "fresh" collarbone fracture. That means the rib fractures were old. So unless they were using the baby to practice CPR those fractures had nothing to do with what happened that night.


james

Posted 07:46 AM, 06/02/2009

Give em the death penalty, not the broad the lawyer,
his crime? he killed fashion!


gary

Posted 07:50 AM, 06/02/2009

what are they in there trying to make a car deal or what .......NO DEAL ...GAS CHAMBER..


Cricket67
Cuyahoga Falls, OH

Posted 08:32 AM, 06/02/2009

i bet after the judge asked the defense attorney if he had any more comments the guy said.

No your honor, thank you..thank you very much

Then it was on to lunch with some peanut butter and banana sandwiches.


A Voice
Akron, , OH

Posted 08:48 AM, 06/02/2009

This is not a position any one would envy.......your freedom in the hands of lawyers!!!!


dennis

Posted 08:50 AM, 06/02/2009

Newborns and toddlers bones are very pliable. It is actually quite hard to break their bones. It takes a very forceful impact to break them. Nothing that you would get from trying to do CPR, even if you didn't know what you were doing and very excited (adreline rush). Also a child at that age does not have the strength and ability to "suck in" a tissue so hard that it gets lodge down their airway. This story has way too many holes in it to be considered credible.


Sarah860
Akron, OH

Posted 09:25 AM, 06/02/2009

The autopsy probalbly already shows whether the FRACTURES WERE NEW AT THE TIME OF DEATH OR OLD.


Morella

Posted 09:50 AM, 06/02/2009

How do I get Tom Waits as my attorney?


sassymom
akron, oh

Posted 09:59 AM, 06/02/2009

the system just wants a conviction this is sad, they lost their baby and have to go thru all this B.S. any thing is posssible the baby probably did suck in the tissue, its a naturul act upon babies to suck in I truly beleive they are innocent and this as an honest accident, that is twisted, strung out, blown up, into a crazy situation
give this couple a break its riduculus.


missfit
akron, oh

Posted 09:59 AM, 06/02/2009

Not only were there fractures but there was papertissue, kleenex or toilet paper found in the babys throat so who the hell did that? Remember in the initial breaking of the story? I sure do.
The baby was murdered no doubt about it.


Reality
Akron, oh

Posted 10:29 AM, 06/02/2009

Missfit..et al..

Haven't read much about this case. But I am questioning that if it is such a cut and dried murder why is the prosecution in an obvious hurry to plea this one out?

Oh...wait that's right this is Walsh and crew they shudder and lose sleep at night over the THOUGHT of having to try a case before a jury. I mean that requires that A. you have a case B. you have done extensive work in proving your case.

Neither one of those things are strong suits for Walsh and crew.


jcbuckeye
Akron, Oh

Posted 10:29 AM, 06/02/2009

Photobucket


VGoebel
Akron, Oh

Posted 10:42 AM, 06/02/2009

Seriously, the baby sucked the tissue down his throat ??? That is insane ! What about the other injuries ?? Some people now a days think babies are disposable. This just breaks my heart ! Poor baby !


MindyDavis
stow, oh

Posted 10:54 AM, 06/02/2009

Newborn babies cry incessantly, and because it's really all they can do, it can be exasperating for new parents. Some are equipped with enough patience to handle it-some obviously are not. The story just does not add up. Even "nice people" can just simply lose it, and it sounds to me like that's exactly what happened, and not just once, given the old fractures. RIP Nathan Lee-I hope that you get the justice you deserve.


holly g
The City of Cuyahoga Falls, OH

Posted 11:41 AM, 06/02/2009

jcbuckeye: With all due respect to the serious matters at hand, your photo of Tom Waits as THE KING is brilliant. Ha, bet you are a Ghoulardi and Ghoul fan. Rock on, jcbuckeye!!


holly g
The City of Cuyahoga Falls, OH

Posted 11:44 AM, 06/02/2009

jcbuckeye: You are awesome, thanks for making me chuckle with your Elvis photo. [No disrespect to the serious matter at hand.]


cantstay2long

Posted 12:26 PM, 06/02/2009

Jbuckeye, this is too darn funny. The outfit. anyway, Did they take a polygraph test. The first thing I would have done was been to raise doubt in the midn of the non-believers if I had nothing to do with the death. The rib thing and cpr culd happen on a child that small if you did not know what you were doing.


jcbuckeye
Akron, Oh

Posted 12:28 PM, 06/02/2009

Ha ha...Ghoulardi and the Ghoul Rocked...And yes it is a very serious matter, so as you stated "no disrespect" intended whatsoever.


ZippyEm
Akron, OH

Posted 01:20 PM, 06/02/2009

@JC...your enhancement of the photo is perfect! BTW...I still love that curly is wearing a black hoodie...what part of Akron is he from?


jcbuckeye
Akron, Oh

Posted 01:28 PM, 06/02/2009

Curly is from "Howard" street...nyuk nyuk nyuk


mommomfor1
Uniontown, oh

Posted 01:31 PM, 06/02/2009

hey jc

Thank you, thank you very much


Miss Claws
Tallmadge, OH

Posted 03:01 PM, 06/02/2009

@jcbuckeye- Too funny!!


WSP
AKRON, ohio

Posted 03:59 PM, 06/02/2009

I bet he's a lawyer by day and the superhero "Wolverine" at night.


djt10
Sunnyside, WA

Posted 05:22 PM, 06/02/2009

One single rib broken by traumatic forces has an 85% chance of causing serious thoracic damage. The statistical probability of 20 ribs broken by abuse without doing serious damage is almost incalculable. Where were the grab marks? Where were the bruises? without signs of external blunt force trauma you're looking at something else. Vitamin D deficiency is almost epidemic, and many believe vaccinated or sick infants on baby formula are suffering from severe Vit. C deficiency. Both conditions cause bone disease where fractures can happen spontaneously, from normal handling or minor traumatic forces. This kneejerk reaction by prosecutors and the public to shoot first and ask questions never, including refusing to do medical investigation into bone diseases leads to misdiagnosis and puts both babies and caretakers at risk. To assume guilt up front is as irrational and stupid as it unamerican.


sheila
akron, oh

Posted 06:40 PM, 06/02/2009

an aging hippie and a hateful, angry (Sipplen) attorney. I hope these people aren't paying these guys.


Smart Alex
Cuyahoga Falls, OH

Posted 10:36 PM, 06/02/2009

How is a jury supposed to concentrate on evidence when the mutton chops are sooo distracting? This should already be a mistrial.


SAZZYGIRL
UNIONTOWN, OH

Posted 09:43 AM, 06/03/2009

20 rib fractures. he was ten weeks old for gods sake. i could never fathom in million years. the tissue part maybe beleivable but the old fractures no way


missfit
akron, oh

Posted 10:04 AM, 06/03/2009

How is the tissue part believable?? a 10 week old?"
nah uh..someone tried to quiet that baby in the most evil way. a babey that tiny cant roll or put things into their own mouth or hold its own bottle
on their own.


SAZZYGIRL
UNIONTOWN, OH

Posted 12:38 PM, 06/03/2009

THERE ARE SOME YOUNG PARENTS WHO WOULD GRAB A TISSUE NOT THINKING. THATS HOW


missfit
akron, oh

Posted 05:15 PM, 06/03/2009

Sheri bevan walsh..please call ME for jury duty!


missfit
akron, oh

Posted 05:17 PM, 06/03/2009

hhmm..Im a parent and sure as hell wouldnt EVER put a dang tissue in my 10 week old babeys mouth for any reason. get real- their murderers and one of them did it-














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