FRANKLIN, Pa. (EYT) – Emily Layman, the 22-year-old mother of two who entered a no contest plea last month in Venango County’s child endangerment case against her, was sentenced in Court of Common Pleas on Thursday.
Photo above: Emily Layman as seen in July 2022 file photo.
During the hearing, Layman revealed to Judge Marie T. Veon that she recently learned that she is pregnant with her third child. The pregnancy, Layman said, was considered high-risk.
Layman also presented to Judge Veon a certificate of completion of a parenting course that was required under the plea agreement she made with First Assistant District Attorney Justin Fleeger, as well as a letter from her counselor.
Layman told exploreJefferson prior to the hearing that all of the conditions of her plea had been met, with the exception of an inspection of their home. She wondered why county officials hadn’t completed it yet.
“I barely slept all night. I’ve been overthinking so bad,” she said prior to the hearing. “I really, really hope this goes good.”
ADA Fleeger, who is currently running for Judge of the Court of Common Pleas, recommended a sentence to the court of nine to 16 months of house arrest.
Prior to imposing her sentence, Judge Veon read a summary of the case, which detailed the nine fractured bones Emily’s newborn son (at the time) had suffered. The summary said that no fractures were reported after Emily and Cain Layman were charged with child endangerment.
After reading the case for the record, Veon said, “I guess the point is the court does not see this as a case for house arrest.”
Family members told exploreJefferson that the fractures were a symptom of Ehlers-Danlos syndrome or EDS.
“I have EDS. My mother has EDS. It’s through my whole entire family. All my kids have EDS,” said Cindy Deluca, Layman’s mother. “They didn’t say the whole thing in there about what was going on with her children.”
Judge Veon sentenced Layman to 10 months to 24 months imprisonment in the Venango County Prison.
After the sentence was imposed, Layman asked Judge Veon what was going to happen as far as the pregnancy. She replied that she authorized six months of house arrest “to get to the minimum.”
Family members and friends of Layman’s interpreted the house arrest amendment of the sentence to mean that Layman will be incarcerated in the Venango County Prison for four months, then transition to house arrest for six months to accommodate the latter half of her pregnancy. If this is the case, it’s unclear if she will need to go back to the Venango County Prison after the house arrest, or if she’ll then transition to probation.
Calls to the Venango County Court Judge’s Chambers for clarification were not immediately returned.
Layman was taken into custody by Venango County Sheriff’s Deputies.
Her husband, Cain Layman, tried to approach her and was admonished by a deputy to take a seat, which he did.
She cried as she was being removed from the courtroom.
Her mother called out, “Love you!”
Background on the Case
According to a criminal complaint filed on May 4, 2022, in Magisterial District Judge Matthew T. Kirtland’s office, the City of Franklin Police Department received a CYS 104 Form on November 23, 2021, regarding a three-week-old child who was at a Pittsburgh hospital with numerous physical injuries that were suspicious in nature.
According to the complaint, the three-week-old child was presented to a Pittsburgh hospital on November 22, 2021, due to vomiting blood. The child was found to allegedly have bruises on the shins and upper back. The affiant–a detective of Franklin Police Department–noted these injuries are concerning for physical abuse due to patterned-injury bruises in a non-mobile child. It was noted that the injuries allegedly caused substantial pain.
The following conditions were allegedly stated: male extreme fussiness since birth; fussy and vomiting at baseline; fussier and vomiting blood since Saturday, November 20, 2021 (two days). The exam listed the patient as “well…except bruising.”
The preliminary read from the x-ray listed possible right rib fracture (healing) and left metaphyseal femur fracture–pending final read and medical workup. Per the parents, the patient was born with bruises. Per the parents, their primary care physician had previously examined the patient for bruises. The bruises on the patient’s back, per the parents, the child’s brother may have thrown a toy, and it hit the child, according to the complaint.
According to the complaint, the following charges were brought against both Cain Layman and Emily Layman:
- Endangering Welfare of Children – Parent/Guardian/Other Commits Offense, Felony 1 (two counts)
- Aggravated Assault – Victim Less Than 6 and Defendant 18 or older, Felony 2 (two counts)
- Simple Assault, Misdemeanor 1 (two counts)
- Recklessly Endangering Another Person, Misdemeanor 2 (two counts)
Charges Against Cain Layman Dropped
Charges against Cain Layman were withdrawn during a preliminary hearing on July 28, 2022, following testimony from two witnesses.
The first witness, Dr. Matthew Valente, MD, gave expert testimony on the medical findings regarding the possible abuse of the three-week-old child. Dr. Valente, a pediatric doctor at UPMC Children’s Hospital of Pittsburgh and member of the National Children’s Advocacy Center, described how the injuries were found on the child through multiple X-rays and MRIs. Dr. Valente told the court of his lengthy history involving suspected child abuse cases and related that the injuries found on Layman’s child were “diagnostic of physical abuse” beyond a reasonable degree of certainty.
The defense challenged Dr. Valente on many topics, including his lack of knowledge concerning blood disorders that the parents and other expert witnesses claim the child has.
The second witness brought forth by the prosecution was Charles Albaugh, Venango County Children & Youth Services case worker. Albaugh testified of his dealings with both Emily Layman and Cain Layman in the early stages of the investigation. Albaugh’s report of suspected child abuse (CYS 104 Form) was entered as evidence by the prosecution, and his testimony revolved around that report.
Following the hearing, Emily Layman told exploreJefferson, “I think honestly they’re grasping at straws at this point.
“(The prosecution) has no solid evidence to hold onto. They dropped the charges against (Cain Layman) because they don’t have anything on him, but they’re holding onto stereotypical things.”
Lesser Charges Offered to Emily Layman
According to Layman, the District Attorney’s Office offered her a plea deal in October 2022. If she pleaded no contest to one count of Endangering the Welfare of a Child Less Than 6 years Old, a 2nd degree felony, enrolled in parenting classes, obtained a mental health assessment, and engaged in counseling/mental health services, the Commonwealth would drop the original charges and would not object to a nine to 16 month house arrest.
Layman agreed to the deal and began completing its terms.
On February 21, 2023, Layman entered a no contest plea in front of Judge Marie T. Veon.
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