"A case like this doesn't happen once a week. It happens once a year," she said Thursday during the preliminary hearing for Ryan Baker, the man accused of killing the 16-month old.
The boy, who died in early April was bruised from head to foot and suffered from lacerations to several internal organs including his pancreas which is buried deep in his body. Milusnec-Pulchan said the abuse was so acute that a portion of Gilbert's tiny liver, which normally would be protected by his rib cage, was lacerated.
"This cannot be an accident, no matter how hard someone tries to make it," she said in response to questioning by defense attorney Sam Lain.
Jarred Effler, the assistant District Attorney General for Claiborne County, presented the prosecution's case by calling Milusnec-Pulchan to the stand. He also presented enlarged photographs of Gilbert's autopsy, which brought several onlookers in the audience to tears.
In all, the photographs documented approximately 30 of Gilbert's more than 50 internal and external injuries.
In his defense arguments, Lain attempted to cast doubt upon several aspects of the prosecutions contentions, but each were seemingly refuted by Milusnec-Pulchan. Some arguments, such as Lain's contention that improper use of CPR had caused some injuries to the child, were refuted several times by Milusnec-Pulchan.
The hearing concluded with Baker being bound over to a grand jury for possible indictment. If the grand jury indicts him, he would then face trial for the murder of Gilbert.
Tennessee employs the death penalty in capital murder cases, however, officials at the Claiborne County District Attorney's office had no comment when asked if they would pursue the death penalty for Baker.
Baker, an unemployed farm worker from Speedwell, Tenn., was arrested on May 11 and charged with first-degree murder.
The basis of the charge is the result of an investigation that began on April 20. According to the original sworn affidavit: "On April 19, Gilbert, a child less than 2 years of age, was admitted to East Tennessee Children's Hospital in an unresponsive state. Specifically, it was noted that Bryson had severe brain injury, impact bruising to the ears and multiple abdominal bruises. Bryson subsequently passed away on April 20, 2005. An autopsy was later performed on Bryson at the University of Tennessee Medical Center."
The affidavit continued, "...Said autopsy revealed bruising to Bryson's head, hand, chest, abdomen, and scrotum. Internal examination of Bryson's head revealed numerous scalp hemorrhages. Internal examination of Bryson's abdomen revealed blood clots, a bruised and lacerated liver and a torn duodenum. The pathologist has noted that either the head trauma or abdominal trauma alone would have killed Bryson.
"Bryson's mother, Sarah Gilbert, reported to the affiant that she left her son alone with her live-in boyfriend, Ryan Tyler Baker, at approximately 6:05 A.M. on April 19. Sarah Gilbert further stated that she had checked Bryson prior to leaving and that he was 'fine." Ryan Baker has stated to the affiant that he cared for Bryson on April 19 at his home in Claiborne County, Tenn. Baker further states that Bryson was fine until he fed him at approximately 12:45 P.M. While Bryson was eating, Mr. Baker states that he left the room Bryson was in and then heard a 'thump.'
"Mr. Baker states that when he returned Bryson had fallen off the couch and was choking. Mr. Baker then states he attempted to resuscitate Bryson. Medical personnel at East Tennessee Children's Hospital and the forensic pathologist all report that Bryson's injuries are not consistent with Mr. Bakers account of what happened. In fact, they report that Bryson's injuries are the result of non-accidental trauma."
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