BANGOR, Maine — The former Orono woman convicted last month of aggravated assault for breaking the leg of her 9-month-old son was sentenced Wednesday to three years behind bars with all but nine months suspended.

Lynn Crossman, 24, of Brewer admitted to police that she hit her son on the leg for crying while she was arguing with her parents on the phone in November 2010.

Assistant District Attorney Alice Clifford asked Superior Court Justice John Nivison to impose a three-year sentence on Crossman with all but nine to 12 months suspended and two years of probation when she is released, as well as special conditions of release that require a psychological evaluation, counseling and no unsupervised contact with minors.

Defense attorney Stephen Smith, saying his client has lived a tough life but has worked for the same fast food restaurant for the last four years, asked the judge for a lighter sentence.

“Three years with all but four months [suspended] is appropriate for the crime,” Smith said.

Nivison said Crossman’s work record, the lack of any prior criminal record, and her age were mitigating factors in the case, but he said an aggravating factor was that Crossman “hasn’t taken responsibility for the conduct.”

“Any time a vulnerable member of society is abused, it is a serious offense,” Nivison said.

He imposed the sentence and Crossman was taken into custody.

During her two-day trial, Crossman denied that she told former Orono police Detective Andrew Whitehouse and hospital staff that she had hit her son while arguing with her parents on the phone.

Crossman said she remembered speaking to the detective — who told the jury the day before that she admitted to assaulting her child — but not the specific questions he asked.

Crossman testified she hit her infant son after he kicked his brother while lying on a bed on the day before he was taken to the hospital for the broken leg.

The baby was taken to the emergency room at Eastern Maine Medical Center in Bangor on Nov. 6, 2010, with a broken left femur and hand-print bruising on his back that is a “classic injury” in child abuse cases, two doctors testified.

Crossman’s two children, the baby, who is now just over 2 years of age, and his older brother, who is about 3½, were taken by the Department of Health and Human Services and have been adopted, Eric Winslow, the children’s father, said last month.

Winslow, who was outside the courtroom during Crossman’s sentencing, said he was not surprised by the sentence the judge imposed on his girlfriend.

After court, Clifford stood on the front steps of the Penobscot Judicial Center and said “the state is satisfied” with the sentence. With two years of probation, “if there are any sort of slip-ups, she’ll have that threat of serving the rest of her sentence” hanging over her head, Clifford said of Crossman.

Crossman’s defense attorney said he is appealing the conviction.

“The paperwork will be filed today,” Smith said.

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48 Comments

  1. My head says this is not long enough but my heart says different.  This case tugs at me and leaves me conflicted.  I guess the most telling statement is that the children were given up to the state and have been adopted.  I hope those babies found a loving and stable home and this woman gets long term help.  My biggest fear is she receives nothing but prison time, gets out, gets pregnant and the abuse cycle continues.

  2. There’s a whole lot of us that lived very tough lives, Attorney Smith, but we didn’t deliberately break our babies legs, or leave abusive marks on them!–So she worked a few years in the same place–What in hell does that have to do with abusing children?–It takes all  kinds to  excuse this kind of abuse!!

      1. Oh I’m educated all right, well enough to know that in this country the United States of America the women get the gold mine and then men get the shaft.

          1. Kevin are you telling me that you honestly believe that a man under these similar circumstances would have gotten the same sentence. Furthermore if a man were to be sent to prison under these similar charges there would be a very good chance that the men in prison. Men that I respect more than some of the judges and lawyers that I have met in my life (some I consider to be more thieves than the men they send to prison) would see to it, that; that man would never walk out of prison..

    1. Every time a woman goes to jail for something, there has to be someone claiming that a man would have gotten much worse.  I am so sick of you people saying that. 

       I agree that there are men who are unfairly treated by the justice system because some woman cried abuse just to get revenge.  Women who do that are absolute scum.  But please stop with the chauvinistic “life is so unfair” bit. 

      You sound especially ridiculous when you claim that a man would have gotten “life without parole.”  Please. 

    2. There are men in Maine that have killed people that don’t get life without parole.  You probably are having a bad day or you are not thinking clearly.

  3. This is ridiculous.
    “Touch” your teenage babysitter: 90 days.
    Break your infant’s leg: 9 months.
    Possession of 300lb of a *plant*: 4 years.

    “Any time a vulnerable member of society is abused, it is a serious offense,” Nivison said.
    Why, then, wouldn’t you have her serve the full sentence? Actions speak louder than words.

    1. 300 pounds??? Seriously??? You think that was for “personal use”? That’s a lottttttttt of brownies. . .

    2.  This woman has LOST both of her children.  She is going to jail.  I agree it is a serious charge, BUT tax payers do not need to be supporting her (or the “plant possessor”

  4. I agree with all the judge’s decisions except for the nine month jail term and the remaining two years and three months suspended.  There is no excuse for hurting such a small baby as she did; hard enough to break the poor baby’s leg, no matter what the “excuse” was. From reading the comments below, reminds me what I said yesterday the Maine Legislature and Senate ought to rethink their decisions sometimes and work on adjudicating some guidelines which cannot be appealed for penalty phases for specific crimes committed.  Like most all states in the USA, Maine has very lax penalties for crimes committed.  Here is one example. 

      1. You mean they are not the same? This has been quite a week for me, first I find out that the Titanic was real, and it actually sank! Now this! What a week!

  5. Such a sad case: 

    A young woman and her boyfriend (I assume that’s the relationship because he’s referred to as “the children’s father”) have two children out of wedlock; the woman break’s her baby’s leg in a fit of anger; her parental rights are terminated;  the father gives up his rights or they’re otherwise terminated;  the children are adopted by others;  and the (former) mother, who denies responsibility,  is convicted of felony assault and goes to prison.

    One of the saddest things is that except for the assault and injury to the child, and their consequences, our society could care less.  It’s a sign of the times and makes me wonder what life will be like 100 years from now.

  6. The thing I have a problem with is they put the children up for adoption even before she went on trial,what if she was innocent?Seems like they should have to atleast wait for the vertict before the children could be adopted.Yes I think they did the right thing but just out of order,because if she had been innocent then taking the children away and letting them get adopted so early would have been wrong.just saying.

    1. The article doesn’t say, but perhaps she has a history with DHHS we aren’t unaware of.  It mentions no criminal record, but they don’t usually pull children from their parent’s custody until a last resort.  There had to have been more we’re unaware of.  Or perhaps she opted to give up custody herself.

    2.  I would agree with you if it wasn’t for the fact that she admitted to the police that she hit her baby.

    3.  Taking a child from parents is a “civil action” this is a separate process from any criminal charges. 

      Most folks who have not experienced this process first hand either as the “parent” or the D.H.H.S protective arm would not believe how easy it is to remove a child from her parents under Maine law.  The State can remove a child when no crime is alleged or has occurred.  The standard is “jeopardy” That translates to “risk.”  How much risk to the child if we leave him with his parents as opposed to the level of risk in removing him.

  7. What I want to know is what the REAL “terms of service” entail.  The BDN removed my post and failed to even leave a “guest” label.  It is obvious to me that comments are removed not only for “violating terms of service, but because those comments are not within the bounds of the narrow BDN P.C. meter. 

    I strongly suggest that you either write down the REAL terms of service, or abide by the ones you have posted.

  8. To all who are making any type of comments on here you really need to stop for just one minute and think about what her parents who live out of state are going through at this time. It is real hard on her mother and some of the comments on here are very hateful. Growing up this woman was just as good as other kids. The only time she didnt live at home was when she spent 1 month with her Aunt and Uncle. I just ask and pray that you think of her parents before writing any harse or hateful comments.

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