Ty Smith died in January 2007 of injuries consistent with shaken baby syndrome, but no one has been held criminally responsible for his death. (Courtesy of RPD)

At least two cases involving shaken babies remain unsolved in Washoe County, mainly because they’re the toughest kind to prove.

Police and prosecutors said they have to prove who had exclusive care of a child when the baby was shaken. That can be difficult when multiple people cared for a child. Medical experts frequently are unable to pinpoint when a child suffered the injuries.

“When the child dies, we can’t get a statement from them,” said Sgt. Greg Curry, a former supervisor in the Reno police child abuse and sex crimes unit. “What talks to us is the medical reports.”

Tina Hailer’s 8-month-old son last year was diagnosed with brain damage caused by being shaken. It allegedly occurred while the child was under the care of a Sparks day care provider.

Although someone was arrested in the case, prosecutors have said they don’t have enough evidence to file charges because of differing medical opinions about when the injuries happened.

“I have to be OK with whatever (prosecutors) do,” Hailer said. “It’s hard. There’s an arrest, and then no charges. It makes it hard to have faith in the legal system.”

Chief Deputy District Attorney Dan Greco, who has prosecuted child abuse cases for two decades, said the biggest hurdle is proving who inflicted the injuries.

“Child abuse cases are unique in that there are rarely witnesses other than the suspect and the child,” he said. “In many cases, the child will be unable to testify because he or she is deceased, too young to testify, or has suffered a traumatic brain injury which renders him or her incapable of communicating fully.”

Such was the case of 32-day-old Ty Smith, who died in January 2007 from what medical experts called shaken baby syndrome injuries. Detectives said they have evidence of abuse, but no one has been held criminally responsible for his death.

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