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Judge denies motion to dismiss charge against former Children's Wisconsin doctor

NOW: Judge denies motion to dismiss charge against former Children’s Wisconsin doctor


WAUWATOSA, Wis. (CBS 58) -- Former Children's Wisconsin Dr. John Cox appeared in court Wednesday, Feb. 12.

He's charged with child abuse -- intentionally causing harm to a child. 

He brought his adopted baby daughter to the hospital last May, saying he fell asleep while holding her and rolled on top of her.

Hospital staff determined that the baby was abused.

In court Wednesday, Cox's attorney argued that the charge should be dismissed.

"There is not a single complaint, or a single fact in this complaint that alleges Dr. Cox intentionally caused bodily harm to a child," said defense attorney Michael Levine.

"This particular case involves an infant who can't come into this courtroom, can't speak for herself, can't say how these injuries were inflicted," state attorney Matthew James Torbenson said. "So we have to rely on this defendant's word on what he says happened."

The motion to dismiss was denied. 

Dr. Cox is due for a preliminary hearing on Feb. 18.

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JudyBarlow 16 days ago
All parents will now question bringing their child into an Emergency room. They have 15 medical experts saying no abuse, an accident. One out of control pediatric “abuse” doctor says different and she never spoke to the family. A family nightmare.
Maxwell2 16 days ago
These charges are absolutely ridiculous. When I was going through my terrible divorce my soon to be ex husband(a domestic abuser & alcoholic) tried everything and anything to fight me for my 3 yr old son. Of course he had rights to do so. It was my and my attorney job to prove that he was not fit to have our son(which we did). During the 3 yr battle my ex and his gf went to the school’s social worker and principal and my son’s daycare to report abuse charges against me. Of course they believed them and called social services. I had to prove that I was a great mom and never abused my child. My son had 2 guardian ad litems and I had to right every single thing down for 3 yrs and my son had to have a counselor(at age of 3) and myself and my ex were forced to go to counseling together too. All of my friends, people I work with, my family, my counselor, my son’s counselor and his pediatrician had to write letters on my parenting skills and if they ever saw me abuse my child. My son’s pediatrician was Dr. Michael Gutzeit, who is now the head of Children’s Hospital in Milwaukee(CHOW). He is now involved in the child abuse case against the baby’s pediatrician father. He is standing behind the abuse charges. Which he was always a very intelligent fair person. I do t understand why he’s not seeing through these charges. In the end Of my child custody case it was proven that I never abused my son, ever. But it took 3 years to prove it and lots of attorney fees plus any other court appointed person who was involved in our case that we had to pay. I know that I never did anything wrong to my son and I knew that I had never harmed him. But in those terrible 3 years you second guess yourself. You get all kinds of teachers, staff at day cares, and anyone else involved staring and whispering about everything going on. So I definitely feel for this father. I know how it feels to be judged by everyone including strangers. I truly don’t believe this father did anything to hurt his adopted daughter. I hope to God that the evidence is looked at and in the end he is proven innocent and the baby comes back home to her family where she belongs. My god both parents are pediatricians. I’m sure if the wife thought her husband was causing harm to their baby or other children, then she would of demanded him to leave and turn him in herself. The legal and justice system is fair for the most part but when they take over and don’t look at the case logically and have been told by several other Drs from CHOW that their abuse team have become over zealous then the system is “not” working appropriately.
JustinHolweger 16 days ago
Power and Ego and Arrogance gone astray! Justice only Justice will happen for Dr. Co .Truth is on his side
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