Jury returns decision: Rules Brandy Payne GUILTY in death of seven-day-old infant

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Brandy Payne

MILWAUKEE (WITI) —  A jury has found Brandy Payne of Milwaukee guilty of killing her seven-day-old son. 23-year-old Payne was convicted on a charge of first degree reckless homicide.

According to the criminal complaint, last summer, Payne told police she raised the baby over her head and then threw him to the kitchen floor following a telephone argument with the baby’s father. After throwing the baby, Payne told police she observed bleeding from the child’s head.

The complaint indicates Payne cleaned up the blood, put a cap on the baby’s head to conceal the injury before taking the baby to his father’s residence — where she left him with members of the father’s family. Emergency personnel was called to scene after it was discovered that the child was hurt.

When officials arrived on the scene they found a seven-day-old infant who was not breathing and did not have a pulse. Resuscitation efforts were started immediately.

While continuing lifesaving measures, the Fire Department transported the child to a medical vehicle. Once inside the vehicle,  a firefighter re-positioned the baby’s head and  noticed that it appeared to be very soft in the rear skull area. According to the complaint, the firefighter further stated that the entire head of the baby appeared soft and spongy, with swelling around the right temple area.

An autopsy of the seven-day-old baby showed trauma to the face and head, including bruising and abrasions to the face. The Medical Examiner also noted that the baby’s head appeared to be somewhat oblong and very spongy to the touch.

Upon conducting the internal examination, the Medical Examiner determined that the baby died as a result of blunt force trauma to the head and determined the manner of death to be a homicide.

Michael Johnson — the baby’s father, said at the time the traumatic injuries his seven-day-old son suffered were unexplainable.

“”How do you explain the injuries? The only thing I could think was this was an accident. I know she won’t harm a fly — I promise you. I’m deeply devastated,” Johnson said.

Payne told officials she was arguing with Johnson shortly before the baby died — saying Johnson had told her the baby was not his.

“No, never,” Johnson said. “We’ve established that I was the father. She knows and I know.”

A Medical Examiner’s report says the baby’s mother is said to be significantly cognitively disabled or intellectually disabled.

Mental evaluations determined she was fit to stand trial.

Payne will be sentenced on September 11th.


  • Tonya

    As a mom, I understand the frustration and depression that often accompanies life with children, especially newborns. If you are experiencing feelings of destruction or considering harming your child, its time to get help. Newborns can actually be dropped off at emergency rooms, no questions asked and no repercussions to you. Do the right thing. If its getting to be too much, admit it and get help. Not sure where? The crisis line number is 257-7222.

  • Sheila Moyet

    Just because females are capable of breeding does not mean they should. Not every female is mother material. And this “baby momma” and “baby daddy” situation is not helping at all. The family structure is broken.

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