A former Batavia man suggests prosecutors in his bench trial failed to prove he caused severe injuries to his infant son three years ago, according to a recently filed motion seeking a new trial.
Nicholas Glucksmann, 52, who now lives in Wheaton, was convicted by Kane County Judge John Barsanti in July of aggravated battery to a child, aggravated domestic battery and aggravated battery. Barsanti considered the case during a bench trial earlier this year.
Prosecutors said Glucksmann was responsible for the infant’s head injuries, which included brain trauma and bleeding. Glucksmann claimed he tripped over a bedspread, which caused his son to fall off the bed approximately two feet onto a hardwood floor. Doctors who examined the boy said the injuries were not consistent with a fall, but instead showed signs of blunt force trauma and that he had been shaken, court records state.
In the motion for a new trial, Glucksmann’s attorney, Kane County Public Defender Eun Yoon, argues prosecutors fell short of definitively showing he hurt the young boy.
“The state did not present sufficient evidence to prove that the defendant was the one who caused the injuries to the minor,” the motion states.
Among other things, the defense pointed to what they called conflicting testimony from doctors and experts over when the boy’s injury actually occurred and the fact that Glucksmann’s girlfriend, the boy’s mother, also cared for him, to cast doubt on the state’s case. Additionally, Yoon wrote that Barsanti erred in finding the “extent of the injuries” was indicative of an intentional act.
Prosecutors, who have not yet formally responded to the motion, said last month that the infant continues to recover and is expected to “live a normal life.”
Glucksmann is scheduled to be sentenced on Aug. 27, when the motion is likely to be considered.
Dan Campana is a freelance writer for The Beacon-News