Page:United States Reports 502 OCT. TERM 1991.pdf/223

 502us1$$7H 08-21-96 15:22:21 PAGES OPINPGT

Cite as: 502 U. S. 62 (1991)

65

Opinion of the Court

blue marks around her ears. Efforts to revive the child were unsuccessful; Tori died 45 minutes after being brought to the hospital. An autopsy revealed 17 contusions on the baby’s chest, 29 contusions in her abdominal area, a split liver, a split pancreas, a lacerated large intestine, and damage to her heart and one of her lungs. The autopsy also uncovered evidence of rectal tearing, which was at least six weeks old, and evidence of partially healed rib fractures, which were approximately seven weeks old. The police questioned McGuire and his wife. McGuire stated his belief that Tori’s injuries must have resulted from a fall off the family couch. He told the police that when his wife went out to make a telephone call, he went upstairs, leaving Tori lying on the couch; when he heard the baby cry, he came back downstairs to find her lying on the floor. After a police officer expressed skepticism at this explanation, McGuire replied that “[m]aybe some Mexicans came in” while he was upstairs. Id., at 751. During separate questioning, McGuire’s wife stated that she had not hit Tori, and that she was unsure whether her husband had done so. McGuire was charged with second-degree murder. At trial, the prosecution introduced both the statements made by McGuire to police and the medical evidence, including the evidence of prior rectal tearing and fractured ribs. Two physicians testified that Tori was a battered child, relying in part on the prior rib and rectal injuries, as well as on the more recent injuries. McGuire’s neighbor testified that she had seen McGuire carry Tori by one of her arms to the car and roughly pinch her cheeks together when she cried. The neighbor added that McGuire’s wife had expressed fear in leaving Tori alone with McGuire, because he had been rough with the baby and “did bad things” to her. In addition, the prosecution called a witness who had overheard a conversation between McGuire and his wife in the hospital emergency room the night of Tori’s death. According to the witness, McGuire’s wife several times insistently