SJC Reverses North Andover Mom's Conviction for Allowing Child Abuse

BOSTON -The state's highest court has overturned the 2013 conviction of a North Andover woman who was accused of allowing her boyfriend to inflict on her 5 -month baby multiple bone fractures and a brain hemorrhage.

The baby survived her injuries, but her mother, Heather Dragotta, then 33, was convicted of permitting injury to a child and served two months in jail.

In the SJC's ruling Tuesday, Justice Kimberly S. Budd wrote that Dragotta's conviction was reversed because it was undisputed that Dragotta's live-in boyfriend, Stephen Amos, 34, did not intentionally hurt the baby and Dragotta "had no reason to believe that he would.''

"In sum, the evidence at trial showed at most that Dragotta's decision briefly to leave the victim alone with Amos was an error in judgment. The evidence was not sufficient as a matter of law to find that her conduct involved a high degree of likelihood that substantial harm would result. Therefore, her conviction of wantonly or recklessly permitting an assault and battery on the victim cannot be sustained,'' Budd wrote..

Amos was found guilty in October of 2015 to multiple counts of assault and battery on a child. He was sentenced to one to three years in state prison.

Amos told investigators he used a “bicycle technique” that involves rotating the child's legs and pressing them against her abdomen to force gas or feces from the child, Budd wrote. Amos admitted his actions may have caused Amber’s injuries.

Dragotta said the child was injured while she was in the shower and left the baby in Amos's care. Amos is not the child's biological father.

"Although Amos was certainly an inexperienced and flawed caretaker, it is undisputed that he did not intentionally hurt the victim, and Dragotta had no reason to believe that he would. There was no risk that he would seize the opportunity to harm the victim if left alone with her for even a short time,'' Budd wrote.

Dragotta said the child was injured while she was in the shower and left the baby in Amos's care. Amos is not the biological father.

"We find it difficult to imagine what more a reasonable person in Dragotta's position should have done,'' the SJC wrote.