Hundreds Greet Miles Ferguson on Return Home to Portsmouth
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Updated: 10:23 PM Nov 20, 2009
Hundreds Greet Miles Ferguson on Return Home to Portsmouth
More than 500 people turned out early Friday morning to welcome Miles Ferguson home.
WEB EXTRA: watch the unedited video from Miles' return to Portsmouth
Posted: 10:48 AM Nov 20, 2009
Reporter: WSAZ News Staff, WMBF, WPDE
Email Address: news@wsaz.com
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UPDATE: 11/20 @ 9:00 a.m.
PORTSMOUTH, Ohio (WSAZ) -- More than 500 people turned out early Friday morning to welcome Miles Ferguson home.

Late Wednesday night, a jury in Conway, SC, found Ferguson not guilty in the death of his daughter Mylee back in 2007 while the family was vacationing in Myrtle Beach.

At 12:30 a.m. Friday, family members, friends and some people who didn’t even know Ferguson gathered at the old Wal-Mart in New Boston to welcome Ferguson home.

Ferguson told WSAZ.com that he never lost faith over the past two years, and especially during the trial.



UPDATE 11/19 @ 8:30 p.m.
PORTSMOUTH, Ohio (WSAZ) -- There was much relief and rejoicing throughout Portsmouth, Ohio, Thursday.

After a grueling 10-day trail, a jury late Wednesday night found Miles Ferguson not guilty of his infant daughter’s death.

From the day after Miles Lee Ferguson’s 5-week-old daughter Mylee died as the young family was vacationing in Myrtle Beach, South Carolina, dozens of spiritual supporters said this loving dad would not shake his baby girl to death.

A jury agreed and the homecoming is now underway.

In every shop, store and gas station in and around Portsmouth Thursday, people were talking about the Ferguson case -- many said they had prayed along with the supporters.

At West End Electric where Miles works, co-workers say they love Miles and his family and are very happy they are all coming home.

A support group is planning a welcome home rally for the Ferguson’s set for 11:30 Thursday night in New Boston in the old Wal-Mart parking lot.



UPDATE @ 10:05pm
CONWAY, S.C. (WSAZ) -- WMBF News in Myrtle Beach, S.C., has just reported that Miles Ferguson of Portsmouth, Ohio, has been found not guilty. Ferguson had been charged with homicide by child abuse in the death of his 5-week-old daughter Mylee while the family was vacationing in Myrtle Beach in 2007.

Following is the most recent story from our sister station's Web site:

CONWAY, SC (WMBF) -- A jury has found Miles Ferguson not guilty in the death of his 5-week-old daughter in 2007.

Ferguson, 27, of Portsmouth, Ohio, and his family were on vacation in the Myrtle Beach area on July 29, 2007, when his daughter, Mylee, stopped breathing. The infant was rushed to a local hospital and died on Aug. 2 at the Medical University of South Carolina in Charleston.

Hospital workers said they noticed injuries on her body that indicated she had been shaken. Police believe Mylee was a victim of shaken baby syndrome and charged Ferguson with homicide by child abuse.

Police allege Ferguson assaulted and shook the baby to death. He was charged with murder by child abuse.



UPDATE @ 9:30pm Wednesday 11/18
CONWAY, S.C. (WSAZ) -- Attorneys have made their closing arguments in the trial of Miles Ferguson, a father charged with the death of his 5-week-old daughter Mylee.

The prosecution called some witnesses to rebut some of the defense's witnesses. It was a pretty contentious time in the courtroom as the prosecution basically counteracted some of the things the defense witnesses had said.

After that, it was all about the closing argument. The defense attorney talked about how Ferguson did not cause his baby to stop breathing, but instead he simply reacted to her stopped breathing. He also mentioned conflicting medical opinions in this case. saying there is simply not enough clear evidence for a conviction.

The prosecution team, however, said child abuse is something that happens in private and is something that can be done by good people.

The jury is considering all they have heard the past several days and were still deliberating late Wednesday night.



UPDATE: Wednesday 11/18
CONWAY, SC (WSAZ) -- Closing arguments are underway in the trial of the Portsmouth, Ohio, father charged with homicide by child abuse in the death of his five-week-old daughter.

Prosecutors in Horry County, SC say that Miles Ferguson's daughter, Mylee, died from injuries consistent with shaken baby syndrome.

The death happened while the family was on vacation in Myrtle Beach in July 2007.

Our sister station, WMBF, reports that the judge will give the jury its instructions before deliberations begin. No word if that will happen Wednesday.

Earlier in the day, prosecutors recalled a number of rebuttal witnesses. They included a pediatric nurse, a social worker, and a police investigator.

The station reports that all three witnesses testified that Miles Ferguson did not demonstrate that he shook Mylee until several days later in police interrogation.

Ferguson took the stand in his own defense on Tuesday.

He testified he shook Mylee because she was choking and having trouble breathing -- and not in anger.

Keep clicking on WSAZ.com for updated information.



UPDATE: Tuesday 11/17
CONWAY, SC (WSAZ) -- The Portsmouth father charged with homicide by child abuse in the death of his 5-week-old daughter has taken the witness stand in his own defense.

Our sister-station WMBF reports that Miles Ferguson took the witness stand shortly before noon Tuesday.

He was first questioned by his own attorney. That was followed by cross-examination from the prosecution.

We're told Ferguson did get emotional and cried several times.

Before Ferguson took the stand, a dental hygienist who was also on vacation, and responded to Ferguson’s call for help testified for the defense.

Mildred Wescoe, who is trained in CPR, said Ferguson was panicked when she ran into the condo where he was staying.

Wecoe said she thought the baby was having trouble breathing, and that's also what Ferguson told her. She testified that she wondered if Mylee was choking on something.

Wescoe stayed with Ferguson and Mylee until medics arrived.

At one point, the attorney asked her if she thought Ferguson acted deceptively while she was in the condo.

"I actually did not. I actually thought it was the opposite. I thought he was very willing to give me the information I needed to help his child," said Wescoe.

Several character witnesses are also expected to testify following Ferguson's testimony.

No word if closing arguments will begin Tuesday.

Ferguson's daughter died while the family was on vacation in Myrtle Beach back in 2007.



UPDATE: Monday 11/16
CONWAY, SC (WSAZ) -- More medical experts took the witness stand Monday in the trial of a Portsmouth father charged with homicide by child abuse.

Miles Ferguson is charged with the death of his 5-week-old daughter, Mylee, while the family was vacationing in Myrtle Beach back in 2007.

Our sister station, WMBF, reports that Monday morning the jury heard from another medical expert testifying on behalf of the defense.

He backed up the theory that Miles Ferguson did not cause his daughter's death.

Instead, neurosurgeon Doctor Ron Uscinski believes five-week-old Mylee Ferguson suffered a closed head injury during birth.

The closed head injury matches up with the doctor who did Mylee's autopsy, but the big difference was that Uscinski does not think that injury was caused by shaking.

Uscinski showed CT scans of Mylee's brain, and he also supported the defense's other theory that Mylee had a viral infection.

The defense's expert on Friday also said that. Doctor Uscinski says he also found evidence of a viral infection in the brain and surrounding membranes called meningoencephalitis.

He says that infection combined with the head injury caused Mylee's death.

"I think it occured at the time of birth. Do I also think she had meningoencephalitis? Yes. Which one of them or how much either one of those things contributed to her death, I'm sure they both did,” said Uscinski.

The defense called other medical experts Monday afternoon. They are also moving into character witnesses for Ferguson.

Right now, it seems this trial will not go to the jury until at least Tuesday.

No word if Ferguson will take the stand in his own defense

Keep clicking on WSAZ.com for updated information.



UPDATE: Friday 11/13
CONWAY, SC (WSAZ) -- The prosecution has rested in the case against Miles Ferguson, the Portsmouth, Ohio, man charged in the death of his infant daughter, according to WPDE-TV.

Friday morning, the defense cross-examined Forensic Pathologist Michael Caplan, who testified for the prosecution Thursday. He performed the autopsy on 5-week-old Mylee.

Caplan said Thursday in court that he found evidence of bleeding on her brain consistent with a shaken baby, WPDE reports.

Ferguson's attorney, Morgan Martin, argued Friday that the results of the autopsy could be open to different interpretation, and that the bleeding on the brain could have been the result of a virus or something else.

WMBF-TV reports there was a lot of debate between Martin and Caplan -- and at one point, the judge had to interject and tell them to let each other finish.

There is no indication right now if Ferguson will take the stand in his own defense.

The judge has indicated that the trial will adjourn for the weekend after Friday's testimony.

Keep clicking on WSAZ.com for more information.



UPDATE: Thursday 11/12
CONWAY, SC (WSAZ) -- Miles Ferguson's trial resumed Thursday morning with an Ophthalmologist testifying that the conditions Mylee suffered were consistent with shaken baby syndrome, according to our sister station, WMBF.

WMBF also reports that the doctor talked about hemorrhaging in the back of the eye that made it look like the baby (Mylee) had been shaken.

"Given the clinical findings and the other history and lab findings these retinal hemorrhages suggest shaken baby syndrome," said Ophthalmologist Dr. Ronald Teed, while testifying.

Also Thursday, prosecutors played a police interview with Ferguson where he admitted to shaking the baby because he thought she was choking.

"I was just shaking her. I was looking at her going 'Mylee!' I was yelling at her. That's my daughter choking. That's the image that's in my head. I just shook her. I was not slamming her by no means," Ferguson said in the police interview.

Ferguson then told police during that interview that he didn’t remember shaking Mylee or think he had done anything wrong until head trauma was found at MUSC. Then he says he was hoping Mylee would get better, so he never told anyone what he had done.

“I knew when we got to the hospital in Charleston. I knew. I knew in my heart, but I didn't want to tell myself that. I didn't want to tell myself that I killed by daughter and that my daughter was laying there because of me. I didn't want to tell myself that,” Ferguson said during the police interview.

Late Thursday afternoon, the doctor who did the autopsy took the witness stand. His testimony is expected to continue Friday morning.

Ferguson, who is from Portsmouth, is charged with homicide by child abuse in the death of his 5-week-old daughter Mylee. The infant died while the family was on vacation at Myrtle Beach.

Keep clicking on WSAZ.com for updated information.



UPDATE: Wednesday Morning 11/11
CONWAY, SC. (WSAZ) -- There will be no testimony Wednesday in the trial of Miles Ferguson due to the Veterans Day holiday.

On Tuesday, both the prosecution and defense presented their opening statements, and then the first of six prosecution witnesses took the stand before court recessed for the day.

Ferguson, who is from Portsmouth, is charged with homicide by child abuse in the death of his 5-week-old daughter Mylee.

The family was on vacation in Myrtle Beach at the time of death in July 2007.

Our sister station WMBF reports that during the prosecution’s opening statement, Assistant Solicitor Candice Lively repeatedly told the jury that Ferguson committed child abuse.

"Child abuse is a crime that's committed in private," Lively said. "It's between the perpetrator and their victim."

WMBF reports that she told the jury no one can know for sure what caused Mylee to stop breathing and eventually die of a closed head injury. Therefore, she said medical experts are the best ones to explain what could have happened.

"The medical evidence is what's going to make you believe that the defendant committed a deliberate act by violently shaking his daughter until she stopped breathing," Lively said. "The medical evidence will speak for Mylee, and it will be clear."

Ferguson's defense attorney, Morgan Martin, then told the jury Ferguson lightly shook Mylee but he did so because Mylee had already stopped breathing, and he was trying to see if she would respond.

"He patted or hit it on the back, then he tried some CPR, then he held it up and he shook it like this - Mylee, Mylee, Mylee!" Martin said during his opening statement.

WMBF also reports that Martin pleaded with the jury to consider Ferguson's character and his family background.

During his opening statement, Martin walked over to the defense table and asked Ferguson to stand up.

"This is a good man," Martin said the jury as Ferguson broke into tears.
Then Martin pointed out all the support Ferguson had in the courtroom.

"His father, his wife, his mother who is here, his mother-in-law, his brother-in-law, all of his family," Martin said gesturing to people sitting in the courtroom.

Keep clicking on WSAZ.com for continuing coverage of this trial.



UPDATE: Tuesday morning 11/10
CONWAY, S.C (WSAZ) -- Testimony in the trial of the Portsmouth man charged with killing his infant daughter got underway late Tuesday morning.

During opening statements earlier Tuesday, our sister stations, WPDE and WMBF, report that Miles Ferguson broke down in court as the defense attorney delivered his opening statement and discussed Ferguson's family background.

Ferguson is charged with homicide by child abuse in the death of his 5-week-old daughter while the family was vacationing in Myrtle Beach back in 2007.

The trial began Monday in Conway with jury selection.

Keep clicking on WSAZ.com for the latest information on the trial.



UPDATE: Monday afternoon 11/9
CONWAY, S.C. (WSAZ) -- Jury selection continued Monday afternoon in Miles Ferguson’s homicide by child abuse trial in Conway, S.C.

Ferguson, who is from Portsmouth, Ohio, is charged with the death of his infant daughter, Mylee, back in July 2007. Ferguson, and his family were vacationing in Myrtle Beach at the time of her death.

Prosecutors say the child died from shaken baby syndrome, but the defense will try to prove otherwise. The defense will argue the infant died from underlying medical conditions, but the prosecution thinks the man shook his baby so violently that it led to her death..

Horry County prosecutors and defense attorneys are working to select a 14-member jury from a pool of 55 people.

About 75 family members and supporters traveled to Conway to offer their support for Ferguson. Many of those people are wearing teal T-shirts with "I support Miles Ferguson" printed on them, but the judge is barring them from inside the courtroom.

Circuit Court Judge Benjamin Culbertson posted an order banning any "apparel, writing and/or other material" that would show impartiality toward anyone involved in the case.

In addition to the supporters, two women from the Myrtle Beach-based Children's Recovery Center were also outside the courthouse with small signs reading "Justice for Mylee Grace."

The women said they wanted to remind people of the infant, instead of focusing on Ferguson.

"I want to come out and support this child that is not with us anymore," Stephanie Jackson told WMBF-TV. "People are going to support who they want to support. That's fine if you want to support him. We'll be here to support her."

During testimony, the prosecution and the defense are expected to call experts with opposing opinions on how Mylee died.

Right now, it appears opening arguments in the case are not expected to begin until Tuesday morning.

The trial is taking place at the Horry County Government and Justice Center.



ORIGINAL STORY
CONWAY, S.C. (WSAZ) -- The murder trial for a Portsmouth, Ohio, man charged with the death of his infant daughter is scheduled to start Monday morning in Conway, South Carolina.

Miles Ferguson and his family were on vacation in Myrtle Beach in July 2007 when his 5-week-old daughter, Mylee, stopped breathing and was rushed to a local hospital, where she later died.

Hospital workers say they noticed injuries on her body that indicated she had been shaken. Police believe Mylee was a victim of shaken baby syndrome, and charged Miles Ferguson with homicide by child abuse.

Ferguson is free on $50,000 restricted bond. If convicted, he could face a life sentence.

A group of people from Portsmouth has traveled to Conway to support Ferguson during the trial.

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Latest Comments

Posted by: Ruth on Nov 24, 2009 at 10:38 PM

Citizens & friends are so happy with the NOT Gulity verdict for Miles Ferguson - which is correct & justified! What is very sad is that when all was over; one of the 1st comments was 'wonder what Randy "Yahoo" will say! Over the last 2 years, we have had to endure with more than 'irritation' & frustration HOW Randy has made his 'reports'. In fact there has been a LOT of people that have quit watching TV 3 due to his reporting. No offense Tim, but we completely tune Randy out! At times, he even forgot to use the word 'alledged'. It would be nice to find someone who could actually come to Portsmouth & not report all things negatively. He actually OWES that family an apology - for all his on-air & off air handling. He has called them - again & again, continuously as negative & biased as he could possibly be & remain legal. We are SO glad that when it was over & joyous - that TV 3 reported the story & did it in a very positive way. Thank you.
Posted by: Olivia on Nov 23, 2009 at 09:18 PM

"Erin" - You need to crawl back to an English class before you pass judgement on someone you don't know.
Posted by: Matt on Nov 23, 2009 at 01:54 PM

Erin, you obviously only listened to the prosecutors side of the case. Maybe you should go back and listen to the defenses side before you make comments about a jury getting it wrong. The jury evidently saw the evidnece as it was and got it right. Miles is a free man, lets all move on with our lives as that family does the same.
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