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Reporter's Notes: Guilty on all counts in toddler's death

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EFFINGHAM CO., GA (WTOC) -

Jurors took a little less than two hours to come back with a guilty on all charges in the murder trial of two year old Melanie Rose Haynes. They did ask questions on the definition of one of the charges, malice murder.

The defendant, Kevin Johnson, the only witness for the defense, took the stand on the third and final day of the trial in hopes of painting a happy home. A former army man in Virginia Beach, VA, Johnson, met Angela Rocha, Melanie's mother, after coming to the Coastal Empire to help take care of his mother. He said he was nervous about dating someone with a child, but as time went by he described his relationship with Melanie as "the best thing that happened to me." He described an average day with Melanie as teaching her English and Spanish, potty training, and watching Sponge Bob Square Pants television show. Johnson said he called Angela all the time with questions concerning Melanie and Feb. 8 was no different.

He said he was washing dishes, with Melanie in another room, when he heard a thump. She was face down crying, so he assumed she jumped off the couch. He says he called Angela, and then gave her some children's Ibuprofen. He claims that Melanie tried to jump off the furniture again, and he slapped her on her leg, and gave her more Ibuprofen.

Feb. 9, he says Melanie began vomiting and so he cleaned her off in the tub, and when he walked out of the room for a bit, she began to climb out and fell. Melanie then vomited again, and had trouble breathing. Johnson called Angela then called 911. But he never told the 911 operator that about the tub incident, just the vomiting and the jumping from the day before.

He says he tried to remain calm, but so many thoughts were running through his head. The defense says he was taught to keep calm in extreme situations in the Army.

The prosecution says he didn't tell the 911 operator because he wasn't telling the truth from the beginning.

The Assistant District Attorney for the Ogeechee Judicial Circuit, Brian Deal's witness before hand said in no-way could a fall have caused what killed the toddler.

Dr. Jamie Downs, Medical Examiner for the GBI, and expert in death investigations says Melanie died from multiple blunt force injuries, and called this case a homicide. For more than an hour he showed the jurors diagrams and pictures of little Melanie and all the bruising she had, mostly on her head. Her skull and eye socket were fractured. He described "pattern" bruising much like a shoe will leave a pattern in the dirt.

He observed that a large bruise on Melanie's forehead and nose matched what looked like a hairbrush injury. A hairbrush was found at the scene, and Downs even went to a drugstore to buy an almost identical brush and hit himself with it. He said that the bruises on her face were caused by "pretty good force, doesn't happen with a light blow"

Another part of Downs testimony included the autopsy of Melanie's spinal cord. He found bleeding throughout 10 vertebrae, that would have been caused by a car crash or blunt force injuries, and Melanie had not been in a crash. The nerves and spinal cord are so well protected, he said that "shaken baby syndrome" doesn't even convey the level of force it takes to cause the injuries that Melanie suffered at the hands of Johnson.

Dr. Downs concluded that Melanie did not die from a fall from the couch nor the tub, but that she was murdered.

Melanie's maternal mother began to sob and left the courtroom.

Kevin Johnson's testimony changed from previous interviews before trial as well. He claimed on the stand that he feared brutality from sheriff's deputies, so he lied to them and said that night he was swinging Melanie around and hit her on an object. The prosecution questioned why he lied and Johnson said, "Everyone would save themselves if they could."

Deal asked, "Are you trying to save yourself today? Are you trying to tell the jurors what they want to hear?"

Johnson replied, "Yes."

The defense did not cross examine.

The jurors came back with a unanimous decision of guilty on all charges: malice murder, three charges of felony murder, two aggravated battery charges, aggravated assault, and cruelty to a child.

Melanie's mother, Angela, grandmother, and aunts were not able to hear the guilty verdict in person, as they had to catch a flight back to California, and left crying while the jury was still deliberating.

But Melanie's paternal grandparents were allowed testimony after the verdict. Melanie's father, Sgt. Kevin Haynes is serving in Germany. Michael Haynes, grandfather, took the stand first and said, "They say life will never be the same when you have kids, but I lost that joy in 2010." He continued through tears, "To take her to harvest her organs is nothing any grandparent should bear. God Bless you and keep you safe 'scooter'; we'll always remember you"

Grandmother Linda Haynes took the stand next. "I've always been prepared as any parent could be with any child serving in the military, but when Angela called to say Melanie was in the hospital and wasn't going to make it, it was like my heart was ripped from my chest." "She and her mother lived with us in Nebraska and we became so close." "I didn't know how to cope and I turned to food and alcohol. Raymond, my younger son has a two year old and I shy away from her because I'm afraid of losing her too." "We will never forget you Melanie, we just want justice for Melanie."

Raymond Haynes, who is stationed at Fort Stewart, testified, "Since I got the phone call, I fall asleep and see Melanie. I lived with her for three months before I deployed; she was so precious. I am now paranoid the same will happen to my little girl. I go to a psychiatrist every week." Raymond could not continue through his tears.

Judge John Turner will decide a sentencing at a later date.

 Copyright 2012 WTOC. All rights reserved.

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