How Could You? Hall of Shame-Taiwanese Adoptee Benjamin Yhip case-Child Death UPDATED
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From Chico, California, 2-year-old Taiwanese adoptee Benjamin Yhip (a twin) died on APRIL 18, 2012 of blunt force trauma to the head. July 18, 2012 is the FIRST TIME this is being reported as the adoptive parents, Dr. James Yhip, 46,a cardiologist, and his wife Edelyn Yhip,43, a nurse, were JUST arrested on July 18.
“A Chico couple were arrested today for alleged ongoing abuse of their 2-year-old adopted son, with the mother killing him by inflicting blunt force trauma to his head in April.
Nurse Edelyn Yhip, 43, was arrested on suspicion of murder, felony child endangerment and abuse of a child younger than 8 years old causing death said, Sgt. Jason Hail of the Butte County Sheriff’s Office.
Chico cardiologist Dr. James Yhip, 46, was also arrested on suspicion of murder and felony child endangerment, Hail said.
About 6 p.m. April 18, Edelyn Yhip called 9-1-1 from a home on the… to report that her son, Benjamin, was unresponsive, Hail said.
Medical personnel responded and transported the boy by ambulance to Enloe Medical Center. He was stabilized in the emergency room, then an air ambulance took him to Sutter Memorial Hospital in Sacramento where he deteriorated and died the next afternoon.
The cause of death was determined to be blunt force trauma to the head. Butte County District Attorney Mike Ramsey said investigators are unsure how the injury was inflicted, but it was massive enough to cause a brain injury but not a broken skull.
After a lengthy review of medical and adoption records, investigators determined that the parents allegedly abused the boy and the mother was responsible for his injuries April 18, Hail said. Some of the records were in Chinese. The Yhips adopted Benjamin and his twin fraternal brother from Taiwan, Ramsey said.
They also separately adopted a daughter, Hail said. The other two were placed with Children’s Services after Benjamin’s death.
“The other children appeared to be fine,” Ramsey said. “He appears to be the targeted child.”
Ramsey said investigators think Edelyn Yhip hurt the boy that day, however they do not discount the possibility that James Yhip could have been involved.
The boy’s medical problems at first looked like they were disease-based, but Ramsey said it appears they resulted from abuse and active neglect by both parents. He had been hospitalized once for malnutrition and had broken bones from previous injuries.
“This child had been gravely abused over his time with the Yhips,” Ramsey alleged.
Ramsey said he is not sure why the parents would hurt the toddler. The boy had behavioral problems, which could have been innate or as a result from the alleged abuse.
“It’s a very sad, very tragic case and there was some opportunity during the process for some red flags,” Ramsey said. “There was hospitalization at Sutter Memorial at the end of November for extreme malnutrition. It was probably explained away.
“I think as a doctor and Mrs. Yhip being a medical professional they were given more of a break than perhaps someone else might have been.”
A Sutter Memorial Hospital representative could not be reached by deadline Wednesday.
Both Yhips work in Enloe Medical Center, James as a cardiologist since 2006 and Edelyn as a nurse in the medical oncology clinic since 2011, hospital spokeswoman Khristina Chavira said. The cardiologist also worked at Northstate Cardiology Consultants.
Chavira said the pair did not treat children while working in the hospital.
“We are deeply saddened and distressed by this terrible event and hope for a fair and speedy resolution to the judicial process,” an Enloe press release read. “In the meantime, we are committed to respecting the privacy of the Yhip family and to cooperating fully in the investigation as the sheriff’s office deems appropriate.”
The Butte County Sheriff’s Office and Butte County District Attorney investigators worked together on the case.
The Yhips were still in the Butte County Jail as of 5 p.m. today, Ramsey said. The father’s bail was set at $1.05 million. The mother’s bail was set at $2.05 million. If they don’t bail out of jail, they might be arraigned Friday.”
6 p.m. update: Chico nurse, doctor husband allegedly kill 2-year-old adopted son
[Chico ER.com 7/18/12 by Katy Sweeny]
REFORM Puzzle Pieces
Again we have health care professional involved in an adoptee death. Of course, not only have the adoptive parents been protected for a few months, but the homestudy and placing agency are STILL being protected.
“Dr. Yhip has been a cardiologist and a part of the medical staff at Enloe since June 2006. Edelyn Yhip has worked as a nurse at Enloe since July 2011.
Butte County District Attorney Mike Ramsey told KRCR Newschannel 7, the investigation revealed that Benjamin suffered a series of injuries prior to his death. He and his twin brother were adopted by the Yhips, along with an adopted daughter.
Ramsey said Benjamin was hospitalized in November 2011, suffering from severe malnutrition. Then in January 2012, he suffered a broken leg after his father fell on him. The boy also had fractures to his upper arms, hands and feet.
Then on April 18, Edelyn Yhip called 911 from the family’s home on Gardenbrook Drive in North Chico. She reported her son Benjamin was unresponsive. He was stabilized at Enloe Medical Center and taken to Sutter Memorial Hospital in Sacramento where he died the following day. The investigation revealed he died from blunt force trauma to the head.”
“Neighbors in the Yhips’ affluent North Chico neighborhood are standing by the couple.
One neighbor who wished to remain anonymous said she was on the phone with Edelyn Yhip when the neighbor saw police outside the Yhip home.
“I said Edelyn I want to warn you that people are at your house waiting to ambush you by policemen and she said that she knew. There was kind of silence and she said, “we didn’t do it.
The couple is scheduled to appear in Butte County Court on Friday.”
Update: New Information About Chico Doctor and Wife Accused of Killing 2-Year-Old Adopted Son
[KRCR 7/19/12]
Update: “A Chico doctor and nurse were officially arraigned on murder and child endangerment charges this afternoon for the death of their 2-year-old adopted son.
Judge Michael Candela informed nurse Edelyn Yhip, 43, and Dr. James Yhip, 46, of the charges this afternoon related to the death of their son, Benjamin, on April 19.
If they are convicted of the charges, they face a maximum sentence of 25 years to life in prison.
The defendants did not enter pleas today. Defense attorneys asked for an Aug. 2 hearing for further arraignment and entry of plea.
The Yhips were arrested Wednesday following a three-month investigation into Benjamin’s death.
According to Butte County sheriff’s Sgt. Jason Hail, Edelyn Yhip called 9-1-1 at 6 p.m. on April 18 to report Benjamin was unresponsive. The boy was eventually transported to Sutter Memorial Hospital in Sacramento where he died the following afternoon.
Investigators reportedly determined the cause of the death to be blunt force trauma to the head. Further review of medical and adoption records led investigators to conclude the Yhips allegedly abused the boy and that the mother was allegedly responsible for Benjamin’s injuries on April 18.
Attorney John Duree Jr., representing James Yhip, and Victor Haltom, representing Edelyn Yhip, asked Candela to reduce bail for their clients. They argued the Yhips had successful medical careers and were excellent parents that repeatedly sought appropriate care for their child.
Haltom told the judge a local doctor reviewed medical records and wrote that Benjamin’s death wasn’t homicide. He said the doctor believes the boy suffered from a serious medical condition that can kill children before they turn 1.
Duree challenged the prosecution’s allegations about the nature of Benjamin’s death. He said there was no single contributing factor to the brain swelling and there were no indications of exterior bruising on the head.
Duree noted the boy had profound medical and behavior problems, even before the Yhips adopted him from Taiwan.
“This is no open and shut case, and Dr. Yhip has every intention of fighting this through,” Duree said.
District Attorney Michael Ramsey disputed Duree’s claims, saying there were signs of bruising. He also disputed the assertion that Benjamin’s medical problems extended back to birth. Ramsey said it appeared Benjamin’s medical conditions developed while under the Yhips’ care.
“There is no doubt that a blunt force trauma blow killed this young man,” Ramsey said.
Candela set bail at the amount recommended for the charges — $1 million each. At Ramsey’s request, the judge set conditions if the Yhips are released on bail, including restrictions on seeking a passport, leaving the state without permission and to follow all court orders.”
Doctor, nurse arraigned on murder, child abuse charges for death of adopted son
[Chico ER 7/20/12 by Ryan Olson]
Update 2/August 29, 2012:
Hat tip to a reader who emailed an article by Tim Crews of Valley Mirror Publisher that we were unable to find a link . The third article below essentially captures the defense argument made in that article that Benjamin had infantile hypophosphatemia that the defense claims caused his death. The first 2 articles discuss bail and medical licensing followed by the “death by disease” argument that the defense is taking and putting forth in the media. The last article discusses both Yhips’ not guilty pleas.
Article 1: Properties offered to secure release of doctor charged in adopted son’s death [Chico ER 7/31/12 by Ryan Olson] Dr Yhip was released on bail on Tuesday July 31, 2012.
“Attorneys representing cardiology Dr. James Yhip offered the value of eight properties Monday in Butte County Superior Court to cover the $1 million bail. That amount was set for both Yhip and his wife Edelyn, a nurse. Both face identical charges for the April 19 death of their adopted son, Benjamin.
The law allows defendants to offer properties instead of paying cash or working through a bail bondsman. The value of the properties must be at least twice the bail amount.
District Attorney Mike Ramsey said people have a right to post bail, but offering property is unusual in Butte County. He said it happens about once a year.
Attorney Victor Haltom said the equity of the properties is $2.08 million. He said the property included the Yhips’ residence as well as seven residences from friends and family.
“They’ve got a lot of strong support, not only from family but from the medical community here in Butte County and elsewhere,” Haltom said.
Offering the properties allows Butte County to place liens on them, he said. If James Yhip fails to follow bail conditions, the county would be permitted to sell the equity of the properties.
The process started in court Friday, but a number of technical concerns — including ensuring the right documents were notarized — prompted a delay to Monday.
Judge Kristen Lucena signed the order Monday, but Haltom said there was a hitch in registering the properties to secure Dr. Yhip’s release. Half of the properties were recorded at the Butte County Clerk-Recorder’s Office. However, half of the properties are in San Bernardino County and changes must be recorded there.
Haltom said a member of his staff would travel to San Bernardino County to complete the process there.
He said Dr. Yhip could be released today. Haltom said Edelyn Yhip was released on bail July 21 after paying $80,000 to a bail bondsman.
The Yhips have bail conditions, including restrictions on seeking a passport, leaving the state without permission and to follow all court orders.
Haltom acknowledged property bonds are rare, but it is less costly than cash bail. He said money paid to a bondsman isn’t returned.
There are benefits to having a client out of custody including less stress, according to Haltom. Also, Yhip reportedly told another attorney he received a death threat from another inmate.
Having the Yhips out of custody will help the execution of the case. Haltom said the case is about scientific and medical evidence and that will take time to develop.
The prosecution alleges Benjamin died due to blunt force trauma to the head during an incident on April 18. The defense claims Benjamin had profound medical and behavior problems and a doctor can show Benjamin died of a serious medical condition.
The Yhips are scheduled for further arraignment on Thursday.”
Article 2: “Dr. James Peter Yhip and his wife Edelyn are out on bail. The courtroom was packed with supporters of the Yhips.
Dr. Yhip is a cardiologist and his wife Edelyn is a nurse at Enloe Medical Center.
They’re charged with murdering their two-year old adoptive son, Benjamin.
A representative with the State Attorney General’s office joined the prosecution today asking the judge to suspend the couples’ medical licenses, claiming they’re a threat to public safety.
“The judge put over a hearing requested by the Attorney General representing the various medical boards to make the decision to whether to suspend Dr. and Mrs. Yhip’s medical licenses,” District Attorney Mike Ramsey.
The defense argues the court cannot take away someone’s right to earn a living without having a hearing. The defense also says that Dr. Doug Benson of Chico submitted a medical report to the District Attorney that the Yhips did not kill little Benjamin. They also got a handful of people saying Dr. Yhip saved their lives.
“Dr. Yhip saves their wives’ lives. He a cardiologist and they’re accused of child abuse in the case. We have evidence. We’ve had doctors tell us that this was not a homicide,” says Edelyn Yhip’s defense attorney Victor Haltom.
The people inside the courtroom were shocked that the representatives from the Attorney General tried to have the judge suspend the Yhip’s licenses today. The judge set a hearing to see if the Yhips can still practice medicine next Friday.[August 10]”
A Chico Doctor and His Wife Fighting to Keep Their Medical Licenses
[KRCTV 8/2/12 by Tyler May]
Article 3: “An Enloe Medical Center doctor has written a letter to the Butte County district attorney criticizing the July arrest of an Enloe cardiologist and his wife in connection with the death of their 2-year-old adopted son.
Dr. Doug Benson, an Enloe orthopedist, says that Benjamin Yhip’s death was most likely from an inherited health disorder rather than blunt force trauma as determined during an investigation by the Butte County Sheriff’s Office and DA investigators.
Benson’s letter to DA Mike Ramsey was revealed in a story by the Sacramento Valley Mirror on Aug. 4.
“You should be advised that Benjamin Yhip had a very RARE inherited metabolic disorder that is USUALLY FATAL in the first year of life,” the letter reads. “His failure to thrive, malnourishment, infections and Pseudofractures—which have now been claimed as evidence of abuse are all associated with this disorder.”
Ramsey said he doesn’t put much credence in Benson’s letter and said Benson and Dr. James Yhip, Benjamin’s father and an Enloe cardiologist, are friends.
On April 18 Edelyn Yhip, the child’s mother and an Enloe nurse, made a 911 call from the Yhips’ north Chico home to report her son was unresponsive, according to a Sheriff’s Office press release. A medical crew took the boy to Enloe, where he was stabilized and then transported via helicopter to Sutter Memorial Hospital in Sacramento. He was pronounced dead the following afternoon.
Three months later sheriff’s detectives arrested James Yhip on charges of murder and felony child endangerment. Edelyn Yhip was arrested on charges of abuse of a child causing death and child endangerment.
Ramsey said the investigation offers medical evidence negating Benson’s letter.
“It does absolutely nothing to explain the traumatic brain injury, contusions and bruising and hematoma,” he said. “The kid had a million dollars in medical tests [performed over time] and then died of some mysterious undiagnosed disease?”
At the time of the Yhips’ arrest, Dr. Paul Wasserman, a Chico pediatrician, told KNVN TV news Benjamin’s frequent medical encounters in his young life perhaps were a sign of abuse.
“There’s obviously trauma,” Wasserman said. “Fractures make you pretty suspicious. Then you check out the story, and certainly more than one fracture… The more injuries, clearly the more suspicious you are.”
Ramsey told KNVN that the signs of abuse could have been dismissed because both parents are in the medical profession. “Some of the bumps and bruises that might have raised a red flag, or some of the medical conditions that may have raised a red flag with professionals dealing with the children, didn’t at that time because of the status of the mother and father.”
Benson’s letter to Ramsey addresses that July 20 TV newscast.
“I saw your interview on last night’s news and read in this morning’s paper that you had, after some consideration, decided to charge Benjamin Yhip’s parents with child abuse and hold them responsible for his death,” he wrote. “The charges and opinion that was expressed by you is completely contradictory to the care we observed of the parents while the child was our [patient].”
Ramsey said the state Medical Board has called for the suspension of the Yhips’ medical licenses based on the county’s investigation.
James Yhip’s bail was set at $1,050,000 and his wife’s at $2,050,000 because she allegedly delivered the fatal injury. The couple covered the bail by putting up their and friends’ properties as collateral. They were due back in court Friday, Aug. 10. (Benson’s brother, Stephen, is the presiding judge of the Butte County Superior Court.)
The couple’s other children, Benjamin’s twin brother and his adopted sister, have been placed with Butte County Children’s Services since Benjamin’s death.”
[News Review 8/9/12 by Tom Gascoyne]
Article 4: ” Chico doctor and his wife accused of killing their two-year-old son pleaded not guilty in court Thursday morning. James and Edelyn Yhip are charged with felony murder in connection to the death of their adopted son, Benjamin. Investigators say the child died of blunt force trauma to the head … but the Defense says he suffered from a genetic medical condition. The Yhips are scheduled to be back in court October second for a preliminary hearing.”
[KNVN 8/16/12]
A search of the Medical Board of California on August 29, 2012 still lists Dr. Yhip as having his medical license. A search of Board of Registered Nurses of California on August 29, 2012 still lists Edelyn Yhip as having her nursing license.
This article confirms that the judge ruled to allow them to continue to practice on August 10, 2012 “Although the charge could not be more serious, I find that it is isolated to each defendants nuclear family and does not apply to public safety. ” says the judge. Yikes! Murder charge won’t keep suspect doctors from practicing medicine {Chico Enterprise Record 8/10/12]
Update 3/November 28, 2012
“A Chico doctor and nurse charged in connection with the death of their 2-year-old adopted son waived their right to a preliminary hearing this morning.[October 2, 2012]
The preliminary hearing for Dr. James Yhip and nurse Edelyn Yhip had been scheduled to determine whether there was sufficient evidence to hold the Yhips for trial in Butte County Superior Court.
The Yhips are each charged with murder and child endangerment for the April 19 death of their son, Benjamin.
The prosecution filed charges in July following a three-month investigation. Prosecutors allege the Yhips abused the boy, leading to Benjamin dying of blunt force trauma to the head following an incident on April 18.
The defense has claimed the child had suffered long-term medical and behavior problems and a doctor can show Benjamin died of a serious medical condition.
Ultimately, the Yhips waived their right to the hearing, according to Edelyn Yhip’s attorney, Victor Haltom.
Haltom explained they decided to forego the preliminary examination because the prosecution planned to present police officers to testify on their investigations without putting primary witnesses on the stand. Such a practice is allowed for preliminary hearings, but generally not for trials.
A trial date may be set during the Yhips’ next hearing on Oct. 11.
If the Yhips are convicted of the charges, they face maximum sentences of 25 years to life in prison.
The Yhips remain out of custody on bail.”
Doctor, nurse charged in death of adopted son waive preliminary hearing
[Chico ER 10/2/12 by Ryan Olson]
A search of Butte County public court records finds that a trial date of February 25, 2013 has been set for Edelyn and James. A trial readiness conference has been scheduled for February 14, 2013. Each are charged with 1 count of Felony 187(a) MURDER and 1 count of Felony 273a(a) CHILD ABUSE.
Update 4/April 23, 2013
A search of Butte County public court records finds the following on both James and Edelyn’s records:
On February 1, 2013, they filed a peremptory judge disqualification.
I looked up how this works: Under Code of Civil Procedure section 170.6, “All that is required for a peremptory challenge is a declaration under oath that the judge is “prejudiced against the party (or his or her attorney) or the interest of the party (or his or her attorney) so that affiant cannot or believes that he or she cannot have a fair and impartial trial or hearing before the judge.” Code of Civ. Proc., section 170.6(a)(5). So long as a timely declaration is made substantially stating the quoted language above, the judge has no recourse but to disqualify himself or herself.
The only exception to this rule is if it can be shown that the peremptory challenge was filed because the judge is a member of a cognizable group. This is the same as the principle that forbids a party from exercising a peremptory challenge against a potential juror during
jury selection because of membership in a cognizable class.”
There was a briefing on the challenge on February 28,2013 and a ruling on March 5, 2013. Then the trial was stayed on March 13, 2103 AND on March 14, 2013.
On April 15, 2013, there was a motion and notice of motion: to continue jury trial ; scheduled June 10, 2013.
Update 5/June 13,2013
A search of Butte County public court records finds the following on both James and Edelyn’s records:
The trial has been reset to October 21, 2013 with a trial readiness conference on October 10, 2013. A hearing is scheduled for June 19, 2013 with a motion by the Yhips to request out of state travel! The 2 charges of MURDER and CHILD ABUSE remain.
Update 6/June 27, 2013
A search of Butte County public court records finds the following on both James and Edelyn’s records:
Motion to grant out of state travel approved.
Update 7/January 6, 2014
“A Chico doctor and nurse accused of killing their 2-year-old adopted son must stand trial in connection with the boy’s death, a Butte County judge has ruled.
Superior Court Judge Barbara L. Roberts rejected a defense motion that asked that charges be dismissed against Dr. James “Peter” Yhip, a 47-year-old cardiologist, and his wife, Edelyn, 44, a registered nurse.
Each has been charged with murder and felony child endangerment in the death of Benjamin Yhip on April 19, 2012.
Defense attorneys had argued in November that the murder case should be dismissed because another Butte County judge already had ruled in the couple’s favor by returning the surviving children to their care. The defense team maintained that the Yhips, by prevailing in dependency court, should not be subjected to another legal ordeal involving essentially the same issue.
Judge Roberts disagreed, saying the defense team met only two of the three requirements for such a dismissal under what is known as “collateral estoppel.” In her written decision, dated Dec. 27, the judge said that dismissing charges in the Yhips’ case could have broader implications for the court.
“If the District Attorney had to anticipate that every ruling coming from another court could have the effect of collateral estoppel, it would necessitate staffing all other proceedings with representatives from the District Attorney’s office to ensure all the issues were litigated to his satisfaction,” the judge wrote.
“This would not promote judicial economy but would create a litigation nightmare.”
Sacramento defense attorney Victor Haltom, who represents Edelyn Yhip, said Friday the defense team likely would seek review of Roberts’ decision from the 3rd District Court of Appeal.
“We respectfully disagree with the judge’s ruling on that (third) point,” he said.
Meanwhile, Butte County District Attorney Michael Ramsey called the ruling “the appropriate decision – the only legal decision that should be made.”
The judge’s ruling marks another contentious turn in the murder case, in which medical and legal experts are lining up on both sides with radically different theories and viewpoints surrounding the boy’s death.
Benjamin was 33 months old when he was declared clinically brain-dead at Sutter Memorial Hospital in Sacramento. The comatose child had been transferred a day earlier from Enloe Medical Center in Chico after he was found unresponsive in his bedroom.
The Yhips were arrested in July 2012. A Sacramento pediatrician who specializes in child abuse, along with a forensic pathologist under contract with Butte County, have determined that the boy likely had been beaten or shaken, according to court documents.
Prosecutors contend that Benjamin, adopted from Taiwan in November 2010, along with his twin brother, was targeted by the couple for ongoing abuse because of his many needs and demands.
“What we see is a child who obviously had injuries prior to the final, fatal injury,” Ramsey said in a recent interview.
The Yhips’ defense team has vigorously challenged the DA’s version of events. They contend that Benjamin was a weak and sickly child since he was an infant in a Taiwan orphanage, and that his mounting medical problems were misdiagnosed as being the result of neglect and abuse. The Yhips’ attorneys maintain that the boy died from a “raging infection” in his head, the symptoms of which mimicked some classic signs of child abuse.
The defense team recently was joined by attorneys from the Northern California Innocence Project at Santa Clara University School of Law. The group, which has offices nationwide, investigates cases where individuals may have been wrongfully accused of convicted of crimes.
Among other things, the defense team is raising questions about the validity of a shaken-baby diagnosis. In recent years, some medical and legal experts have begun to challenge the scientific thinking around so-called shaken baby syndrome, suggesting that numerous caregivers have likely been wrongfully convicted of harming children based on faulty medical assumptions.
The trial is set to begin in April in Oroville, the county seat.”
Chico couple accused of killing 2-year-old adopted son
[Merced Sun Star 1/3/14 by Marjie Lundstrom]
Update 8/August 9,2014:
According to http://yhipinnocence.com/,”
June 2014
On June 19, the California Supreme Court issued an order to the Appellate Court, Third District, instructing the Appellate Court to direct the Butte County Superior Court to show why the Yhips’ petition to dismiss the criminal charges should not be granted. (Please see the January 2014 update for information on the Butte County Superior Court’s ruling).
The California Supreme Court has directed the State to show cause why the criminal charges against Edelyn and Peter should not be dismissed. The State will most likely be represented by the California Attorney General’s Office in an effort to make the showing required by the California Supreme Court. Although it is unlikely, the Attorney General technically could decide to throw in the towel. Most likely, however, the Attorney General will file a brief in the California Court of Appeal, advancing an argument that the Butte County District Attorney’s Office should be allowed to proceed ahead with its criminal charges and have those charges decided by a jury, despite the fact that the factual basis for the State’s charges has already been presented to and rejected by a Butte County Superior Court judge.
It appears that the California Supreme Court is looking for the Butte County Supreme Court to provide a written, reasoned decision describing the reason for not granting Peter and Edelyn’s petition for the criminal charges to be dropped.
It is very rare for the Supreme Court to take action on appeals submitted to them. While the Supreme Court’s action is reason to hope, the Order unfortunately does not mean that a decision will be reached quickly. It is more likely than not that there will be delays before a final decision on whether the DA will continue their efforts to prosecute Peter and Edelyn, alleging that Benjamin died as a result of child abuse – contrary to Judge Howell’s finding that during the dependency trial that “there was abundant evidence that each parent was nothing other than a concerned, loving and appropriate parent to all children” and returning Mikaela and Jonathan to Edelyn and Peter’s loving care. Given the Order, it is also more likely than not that the currently scheduled trial date in October will be delayed. We will provide updates as they become available.
In the meantime Edelyn, Peter, Mikaela, and Jonathan continue to need your support. The community’s – your – support has been incredible and heart-warming and they greatly appreciate your continued belief in their innocence. Please continue to let them know that they aren’t alone. Please go to the Support Our Cause page to find out how you can support this family.”
The Northen California Innocence Project(the same organization that helping the Huangs in Qatar) is helping!
Update 9/ October 15. 2014
The Butte county court records states that on 7/25/14,” MTN TO VACATE CURRENT TRIAL DATE AND TO
CONTINUE TRIAL” and that on 9/16/14, James had a MODIFYING BAIL COND SO AS TO ALLOW
SPECIFIED TRAVEL OUTSIDE THE STATE CA”
On Edelyn, it shows on 9/16/14 “MODIFYING BAIL COND SO AS TO ALLOW
SPECIFIED TRAVEL OUTSIDE THE STATE OF CA”
and on 9/17/14 “Notice of Firm name change”.
Update 10/March 7, 2016
The Butte county court records states that a jury trial has been reset 3 times. It now is set for 8/8/16 for James and Edelyn.
Update 11/ July 27, 2016
The Butte county court records states that a jury trial has been reset for a 4th time. It is now set for 8/11/16 at 1:30pm.
Update 12/November 14,2016:“The criminal case against a Chico doctor and his wife, a nurse — both of whom are charged with murder in the 2012 death of their 2-year-old son — can proceed, a state appeals court ruled Monday.
The 3rd District Court of Appeal denied a request to dismiss criminal charges filed in Butte County against Dr. James Yhip and his wife, Edelyn Yhip, in the death of their adopted son Benjamin Yhip. Following the ruling, a stay of Yhips’ jury trial was to be lifted.
The boy’s parents argued the criminal case against them should be dismissed under the doctrine of “collateral estoppel,” which bars the relitigation of an issue decided in a prior proceeding, according to the ruling.
A Butte County judge previously ruled in favor of the Yhips in a separate juvenile case regarding custody of the couple’s surviving children. The judge, Steven Howell, reportedly considered evidence that suggested Benjamin died because of “extreme illness” and not because of “criminal agency.”
In its ruling, however, the appeals court said issues of the criminal case against the Yhips were not necessarily decided in the juvenile dependency case.
John Duree Jr., the defense attorney representing James Yhip, said the appellate court’s ruling is wrong and mistaken. Duree added the Yhips intend to file a petition for a rehearing in the appeals court to “correct the obvious misunderstanding of the critical facts.”
Should that fail, the defense attorney said the Yhips could petition the state Supreme Court for a review of the appellate court’s decision.
The Butte County District Attorney’s Office charged the Yhips in July 2012 with murder and felony child abuse in the April 19, 2012, death of their son.
An autopsy report indicated Benjamin died of brain damage caused by blunt force trauma to the head, according to a summary of the case included in the appellate court’s ruling. The small child also reportedly showed signs of malnutrition and hypothermia.
James Yhip and Edelyn Yhip have pleaded not guilty.
Duree said the boy did not die of blunt force trauma, but of an infection around his optic nerve and spinal cord.
“This whole prosecution is an absolute tragedy,” Duree said. “Taking two good people — totally innocent people — and putting them through this hellish experience of being accused of killing a child they adopted and loved dearly.”
A trial setting conference has been scheduled for Aug. 8 in Butte County Superior Court in Oroville.”
Ruling: Fatal child abuse case against Chico doctor, nurse can proceed[Chico ER 5/16/16 by Andre Byik]
The Butte county court records states that a jury trial has been reset for 10/16/17 !
Update 12:The Butte county court records states that a jury trial has been reset to 1/4/18 .
Update 13:“A new trial date has been set for a Chico doctor and nurse charged in the 2012 death of their adopted son.
The trial date for Dr. James Yhip and Edelyn Yhip was scheduled Thursday for Sept. 10 [2018] in Butte County Superior Court. The trial is estimated to run for seven weeks.
The Yhips have been charged with murder and child abuse in the April 19, 2012, death of their 2-year-old son Benjamin.
They have each pleaded not guilty and remain out of custody.
Trial dates for the Yhips have been rescheduled multiple times since the District Attorney’s Office filed charges against them in 2012.
Prosecutors allege Benjamin died of blunt force trauma to the head following an incident that happened April 18, 2012.
Defense attorneys have said Benjamin’s death was caused by an infection in his brain.”
New trial date set for Chico doctor, nurse charged in 2012 death of son
[Chico ER 1/5/18 by Andre Byik]
Update 14:“Murder and child abuse charges have been dropped against a Chico doctor and nurse stemming from the 2012 death of their adopted son.
At a hearing Thursday at Butte County Superior Court in Oroville, a judge dismissed the cases against Dr. James Peter Yhip and nurse Edelyn Yhip.
The judge dismissed the cases after the Butte County District Attorney’s Office filed a motion seeking dismissal for lack of sufficient evidence.
The Yhips had been charged with murder and child abuse in the April 19, 2012, death of their 2-year-old son Benjamin.
Prosecutors had alleged Benjamin died of blunt force trauma to the head following an incident that happened April 18, 2012. The injuries, prosecutors had alleged, were consistent with “shaken baby syndrome” and abuse.
But defense attorneys contended Benjamin was a sick child whose death was caused by underlying medical issues, not blunt force trauma.
The Yhips were charged in 2012. A trial was scheduled to begin next month. That trial was canceled Thursday.
During the hearing Thursday, the prosecutor, Stacy Edwards, told the judge that the prosecution would not be able to prove the charges against the Yhips beyond a reasonable doubt.
Edwards said the lack of sufficient evidence regarded an “extensive disagreement with respect to Benjamin Yhip’s cause of death.”
She said the District Attorney’s Office consulted a doctor to “independently” review the findings of the original forensic pathologist in the case, as well as the findings of experts for the defense. That doctor concluded Benjamin’s cause of death could not be determined, which weighed heavily on the prosecution’s decision to seek a dismissal.
After the judge, Candace Beason, dismissed the cases, an audience of supporters for the Yhips erupted into cheers and applause. The Yhips, seated next to their respective attorneys, embraced each other.
Thursday’s hearing marked the end of a yearslong court battle for the Yhips that included them losing custody of their two other children, now 13 and 9, for a one-year period between 2012 and 2013.
Outside of court, Edelyn Yhip, an oncology nurse for Enloe Medical Center, said it has been hard living under the the charges and accusations of the District Attorney’s Office.
“We have had people that stood by us, and some we didn’t know were supporters came out, offered their homes so we wouldn’t be in jail,” Edelyn Yhip said, adding, “There has been an outpouring of support in the community.”
Peter Yhip, a cardiologist who said he had been out of custody on bail, was only able to post bail after friends offered their homes as collateral, he said.
“It’s obviously been very hard,” Peter Yhip said.
He added: “My partner, who was actually one of those persons who put his home up for my bail, actually passed away this year. My mother also passed away this year. Unfortunately neither of them are here to hear this being dismissed.”
The Yhips in 2010 adopted Benjamin and Benjamin’s twin brother from Taiwan at the age of 1, according to the Northern California Innocence Project (NCIP), which assisted the family. Benjamin had suffered “chronic health concerns” in Taiwan, including recurring infections and multiple hospital stays during his first year of life.
Benjamin’s health issues continued in the U.S., according to the NCIP. In 2011, he was hospitalized, diagnosed with “failure to thrive” and placed on a feeding tube. Bone scans also showed he had various abnormalities.
In April 2012, Benjamin stopped breathing while at home, according to the NCIP. Edelyn Yhip at that time made a “frantic” 9-1-1 call, according to the NCIP, leading to paramedics finding Benjamin unresponsive.
“At the hospital, bone scans showed unchanged abnormalities suggesting a genetic condition, and the neurosurgeon opined Ben had suffered a stroke that caused his collapse,” according to the NCIP. “Ben was put on life support and eventually declared brain dead. Arrangements were made for organ donation.”
The NCIP said that “despite the evidence that Ben was a sick child who tragically died,” an autopsy indicated the boy’s cause of death was blunt force trauma based on findings commonly attributed to the “unreliable medical diagnosis of ‘shaken baby syndrome’ or ‘abusive head trauma.’”
Paige Kenab, an attorney for NCIP, said the organization doesn’t usually participate in pretrial litigation, but it decided to help in the Yhips’ case in part because “shaken baby syndrome” has been an area where wrongful convictions have been growing.
Kenab noted that the District Attorney’s Office was open to holding conversions with the NCIP and was interested in the “truth of what happened to Ben.”
Edelyn Yhip’s attorney, Victor Haltom, said, “To me, and I think a lot of the members of this team, I think it’s been pretty clear all along that the Yhips weren’t responsible for (Benjamin’s) death.”
Haltom called the charges and six-year prosecution of the Yhips a “tragedy.”
District Attorney Mike Ramsey said over the last six years, the defense and prosecution had the opportunity “drill down” and examine the case thoroughly.
Ramsey said all evidence initially pointed to Benjamin suffering abusive head trauma. But further findings, including findings by the defense, cast some doubt on that conclusion.
“Do we think that (the Yhips) are factually innocent?” Ramsey said. “We’re not going to speak to that other than to say there are substantial disagreements on both sides. But when we step back and take a look at everything that is here in the evidence, we felt that we could not go before a jury and get a verdict of beyond a reasonable doubt.”
The district attorney added that prosecutors “are constrained by making sure that we do justice. Justice means that we do not go forward on a case in which we believe that there would be reasonable doubt shown to a jury.””
Murder charges dropped against Chico doctor, nurse in son’s 2012 death
[Chico Enterprise-Record 8/23/18 by Andre Byik]
Of course it wasn’t reported before, the only ones reported the day of are from Russia. And it is a health care worker…. I remember being ridiculed for that suggestion before.
I think your observation about Russia is spot on. I don’t recall ridiculing you on that…truly sorry if I did…questioning the reasoning (and I have some theories myself) and being shocked, yes. I appreciate your observation that has led to the profile that includes health care workers and immigrants tied to many these cases.
Is It Child Abuse or Genetic Disorder? Don’t make tragedy bigger than it is already! Remember Alyssa O’Shell story!
Mistaken allegations of child abuse lead to murder-suicide before baby’s rare genetic disorder found.
http://www.denverpost.com/recommended/ci_20300073
Suncana, thanks for commenting. The case you cite was a case of spinal muscular atrophy and the girl had 11 broken bones some in stages of healing that were unexplained-no bruises or abrasions. The muscular weakness and atrophy(wasting) was associated with those fractures. The murder-suicide in this case is very odd and still unexplained. Some sources still claim that there was evidence of abuse beyond those 11 broken bones. Alyssa was brought to the ER on June 16, 2008 and the dad killed his wife and himself just 14 days later and just 2 days before the hearing to even determine anything.
This case has many differences and we will have to wait and see what the outcome of the case is-anything is possible including that he had both a genetic disorder AND there was child abuse.The choices are not just one or the other.
First of all, this case has been ruled death by blunt force trauma to the head *with contusions and bruises and a hematoma*. That is different than spontaneous fractures of Alyssa’s case. Also, this child had previous fractures that have a unique explanation that the adoptive father *fell on* the child causing multiple fractures. In Alyssa’s case and other similar cases, the parents had no explanation for the fractures. The defense in this case have implied once that infantile hypophosphatemia (a form of rickets) was his disorder and other times they don’t mention the disorder but say he had a lifespan of only 1 year and he was 2 already.This condition, if true, does have a possible skull issue associated with it-craniosynostosis, which is a condition in which some of these children can have their skull sutures fuse prematurely.If that was the case, his skull would have had a visibly odd shape (there are several shapes the skull can take). Type II Osteogenesis Imperfecta (OI) is the severe condition in which bones break on their own and normal lifespan is 1 year. But again, previous fractures were explained as due to the father FALLING ON the child and the death was due to BRAIN injury-neither point to OI.
According to the information released, this complexity could be the explanation for why the medical records had to be looked at for so long.
Remember in this case that they moved VERY slowly on the arrest-3 MONTHS of investigating before the arrest.
I am appalled at the idea that Judge Stephen Benson was allowed to judge this case. Do they not see collusion between his advocate brother the doctor of Enloe. I am not surprised because yesterday Judge Benson presided over my daughters case for child custody of her two children and though she had much documented evidence and a positive mediators report in her favor, he gave custody to an abusive father. She had no lawyer and he did not let any of her witnesses be heard. If you can help my daughter with advise I would appreciate it.
Wondering what ever happened to this case…
The defendant’s motion to dismiss is pending appeal. The crux of the appeal hinges on what happened in child custody court, where another Butte County judge ruled that there was insufficient evidence to deny custody of Yhip’s other children.
The Yhips argue that since a judge made that finding of fact, that reasonable doubt has been established – and thus, the case should be dismissed. Obviously the judge disagreed, which is why it’s on appeal.
Unfortunately this is a sticky subject and it may be on appeal for a long time, it could go to the state supreme court.
The trial date was just pushed back to September 2015, but may be delayed again if the appeal drags on.
Thanks!
The case was dismissed August 23, 2018.
It looks like The Northern California Innocence Project is helping. They may still go to trial in October 2014
Status?
See reply above from last month. The trial is still on perpetual delay due to a motion to dismiss being stuck in appeal.
The Yhip’s did manage to strike gold in finding a way to hold up the trial – if the state supreme court bites on hearing the matter, it could be six years before the trial even begins.
Update: The trial date is scrubbed once again.
The case is CM036919 & CM036920 if you want to follow it on the Butte Co case info site: http://www.buttecourt.ca.gov/online_index/default.htm
It does not display appeal info re: the supreme court motion to dismiss appeal.
The only major event that happened in this case the whole year, is that the Yhip’s bail was revised to allow them to travel freely throughout the USA, though they still cannot leave the country.
Thanks!
A jury trial has been set for 8/8/16.
Indeed. It appears the state supreme court deferred/remanded the motion to dismiss the case (based on the grounds above), where the appeal court rejected it.
It looks like the case is finally headed to trial, but there are many procedural things that could come up in July that move back the date. This case has been on hold for so long, I think it will be very unlikely either side will be ready for an August trial – though by the end of the year is likely.
A jury trial has been reset for 8/11/16.I think this is it.
A jury Trial has been reset to 10/16/17!!!
The judge dismissed the 2012 case surrounding James Yhip for the murder of his adopted son Benjamin.The Neurosurgeons opined that “Ben had suffered a stroke that caused his collapse” District Attorney said “Benjamin was hospitalized in November 2011, suffering from severe malnutrition. Then in January 2012, he suffered a broken leg after his father fell on him. The boy also had fractures to his upper arms, hands and feet.”Whatever!
If you are suggesting that the judge should not have dismissed the case, then you are deeply wrong. The Yhips are innocent and should not have had to endure the 6 years of pain.