Doctor: "The only thing really spared were the soles of her feet."

On Monday, jurors began hearing testimony in the murder trial of Leon Lamar Surgeon, 39, who is accused of beating to death his girlfriend’s 3-year-old daughter.

On October 28, 2009, Chesapeake police and paramedics arrived at a home in the 3400 block of Clover Meadows Drive around 8:00 p.m., to find Alayah Mahone, 3, lying naked, unresponsive on the floor.

She was taken to Maryview Hospital, and later transferred to Children's Hospital of the King's Daughters (CHKD) in Norfolk, where she was pronounced dead four days later from severe head trauma.

Surgeon is charged with first-degree murder, malicious wounding and child abuse.

During Monday’s opening arguments, Assistant Commonwealth's Attorney Shannon Stutz told the jury: “He had issues with Alayah. He was frustrated with her because of potty training. You will hear statements he beat her and shook her.”

Dr. Christopher Foley, who treated the little girl, testified: “The only thing really spared were the soles of her feet.”

Dr. Foley, who works at CHKD, said that the swelling in her brain was so severe that blood could no longer circulate. “My prognosis was she was not going to survive this injury,” Foley stated.

Surgeon, who has pleaded not guilty, claims now that there was no premeditation in his actions.

His lawyer, Amina Matheny, told the court that while her client does not dispute the facts… “He did not intend to kill her.”

When police arrived at Surgeon’s home, he reportedly stated that Alayah had fallen and hit her head on the bathtub, and that her body was covered in bruises due to her frequent falls.

In July 2010, Dr. Suzanne Starling, who directs the Child Abuse Program at CHKD testified during a preliminary hearing: “She was covered from head to toe in bruises and abrasions.”

“She was beaten, shaken and left to die.” Starling added.

 

 

 

 

 

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