Custody Battle Is Waged Over Comatose Girl

"It was the sort of injury, [doctors] testified, that they see after a high-speed car accident, where the brain inside the skull is subjected to tremendous acceleration and deceleration forces," prosecutor Laurel H. Brandt told a judge during a hearing in the criminal case against Jason Strickland, 31, an auto mechanic.

After Haleigh entered the hospital, both Jason and Holli Strickland were charged with assault and battery. Then came a twist: On Sept. 22, Holli and her grandmother Constance Young, 71, were found fatally shot in Young's apartment in West Springfield.

Authorities have not released many details about their deaths, but they have said the cases are two suicides or a homicide and a suicide. West Springfield police Sgt. Jeff Harlow said that notes were found at the scene that could point to a pact between the women.

That left Jason Strickland as the remaining defendant, though it is not clear whether prosecutors think he caused Haleigh's injuries himself, or simply stood by as Holli Strickland abused her. Both situations could lead to assault and battery charges under Massachusetts law.

Haleigh is now in a Springfield hospital bed, and doctors have been quoted in court papers saying that because of her brain injury she "has no possibility of regaining a meaningful existence."

A few weeks after her injury, the state -- having taken custody of Haleigh -- received a judge's permission to withdraw her breathing and feeding tubes. Monteiro, the state spokeswoman, said family members and doctors were consulted in this decision.

But Strickland objected, saying that Haleigh should be kept alive for reasons including her Catholic faith, which opposes euthanasia.

Now, despite his criminal charges and the fact that he never legally adopted Haleigh, Strickland has demanded that he have some say in her care because he is a "de facto parent."

"There are no adults left in this child's life," said Edward J. McDonough, one of Strickland's attorneys. "The only adult left with a relationship is her stepfather, and he has been accused."

At the state's high court, however, Strickland's attorneys seemed to find a hostile welcome for the argument that he had a substantial parental relationship with Haleigh.

"That's not going to do it," Marshall, the chief justice, responded.

The court could take weeks or months to announce its decision; in the meantime, Haleigh will remain on life support. Two other children living in the household are now in state custody.

In the background of all of this is the effect that Haleigh's death may have on the charges against Strickland. The district attorney's office has declined to comment on whether they could be upgraded to murder.

But legal experts said that might be possible -- even if prosecutors allege that his wife committed the fatal assault.

"If he stood by and didn't prevent her, he could be guilty of first-degree murder as well," said Stanley Z. Fisher, a professor of law at Boston University.