Capital Murder Trial Begins in Death of Infant Logan Atkins

The capital murder trial against Billy Polasek of La Grange began on Monday, Feb. 14. The trial is expected to last two weeks.

Day one started with opening remarks from the prosecution and defense. Polasek, 39 of La Grange, was initially indicted back in October 2016 for felony injury to a child. That child was seven-month-old Logan Atkins of La Grange, who died on July 4, 2016. Polasek was reindicted for capital murder in 2020. Authorities have never said what happened before the trial began.

The State, represented by Joshua Somer and Andrew Roundtree of the Texas Office of the Attorney General, argue that Polasek caused Atkins’ death. The indictments state that Atkins died by blunt force trauma to the head by some unknown object. Candace Clay, lead attorney for the defense, argues that Atkins’ death was an accident.

“The real question is, why are we here?” Clay told the Record on Tuesday.

Clay is being assisted by three other attorneys: Leonard Martinez, Addy Miro and Angelica Cogliano.

Witnesses who testified on Monday include Robert Gulash, the DPS State Trooper who pulled over Polasek on the morning of July 4, 2016, while Polasek rushed Atkins to the emergency room at St. Mark’s Hospital; Fayette County Sheriff’s Deputy Mark Bennett, who initially investigated the death; an EMS who attempted to treat Atkins during the traffic stop; and Texas Ranger Brent Barina, who later headed up the investigation.

The jury heard interviews with Polasek in which he said Atkin’s mother, Nicole Lambert, dropped the child off at Polasek’s home near Rutersville around midnight the night before, July 3. Polasek, who is not the father, told investigators that he gave the baby a bath the next morning. He used a water trough as a makeshift bathtub. While bathing the child, Polasek said he forgot the baby shampoo in another room. Polasek said he went to retrieve the shampoo and heard a “thump.” When he returned, the baby was unresponsive in the tub. The prosecution presented the jury with cell phone records showing frantic calls and text messages between Polasek and Lambert on the morning of July 4. Polasek rushed the baby to La Grange on SH 159. Barina said Polasek and Lambert briefly stopped somewhere along the way to meet and assess the situation. Lambert did not ride with Polasek but drove behind him in a separate vehicle. Barina testified that Lambert called 911 a few minutes after 11:10 a.m.

Moments later, Gulash pulled Polasek over in the Texas One Stop parking lot. Barina testified that Polasek had Atkins in his lap and was trying to breathe for the child via mouth-to-mouth resuscitation while he was driving. Barina said Polasek immediately handed the child over to Gulash, and Gulash attempted life-saving measures. Fayette County EMS arrived and rushed the baby to St. Mark’s, where he was pronounced dead.

Following Atkins’ death, the Sheriff’s Office taped off a crime scene at the Polasek property. Lorelei Carillo, who lives on property next to Polasek’s residence near Rutersville, testified on Tuesday that she saw a trash fire on the Polasek property after investigators left the property on July 4. The prosecution said the fire may have been started to destroy evidence. Specifically, Barina testified about some missing bedding that possibly contained blood evidence.

The jury also watched a forensic interview of Logan’s older brother who was seven-years-old at the time of Logan’s death. The interview was conducted at the Children’s Advocacy Center in Bastrop a short time after Logan’s death. In it, the older brother makes several fantastical statements. He claimed to have a pet deer and a pet owl. He said he knew how to speak Spanish and that he lived in West Texas despite the fact that he lived in La Grange at the time. Furthermore, the boy said Logan died after he and Logan went down a slide into a swimming pool.

Later, the prosecution called Carol Jean “Jeannie” Bertsch, who is Nicole Lambert’s aunt. Bertsch testified that she lived at Colorado Landing RV Park in La Grange at the time of Atkins’ death. Around July 1, 2016, Bertsch said she invited Nicole Lambert, Lambert’s two children and Lambert’s mother to go swimming at the Colorado Landing pool with Bertsch’s grandchildren. Bertsch testified that at no time did Logan ever go down a slide (the Colorado Landing pool does not have a slide). Nor did Logan ever fall down or hit his head, Bertsch testified.

Bertsch said she was away from the pool for about five minutes at one point. However, she said Lambert and Lambert’s mother were both with the children at that time.

Under cross-examination by the defense, Bertsch said she no longer has a close relationship with her niece Nicole Lambert. Defense attorney Addy Miro asked Bertsch why.

“I don’t approve of some of the things she has done,” Bertsch said, adding that Lambert stole from her and her mother.

Bertsch testified that Logan’s older brother no longer lives with Lambert.

Later, the prosecution called Family Nurse Practitioner Leslie Lindholm to the witness stand. Lindholm testified that she was Logan’s primary medical caregiver. Lindholm said Lambert took Logan to all of his scheduled well-child visits. Lindholm said she also saw Logan a few times for sick visits.

Lindholm testified she last saw Logan on June 6, 2016, for a routine six-month visit. The jury saw Lindholm’s medical report from that visit. In it, Lindholm described Logan as healthy, wellnourished and appropriately developing. Lindholm testified that she observed no signs of child abuse or any serious injuries during that visit.

On Wednesday, District Judge Jeff Steinhauser authorized the defense to call one of their witnesses out-of-order. Normally, the defense must wait until the prosecution rests before calling their witnesses. Steinhauser made an exception for one of the defense’s expert witnesses, Dr. Mark Shuman, a forensic pathologist with the Miami-Dade County Medical Examiner Department, to accomodate Shuman’s travel and work schedule.

Shuman spent most of the day testifying about Atkins’ autopsy, which identified several injuries. Those injuries included numerous bruises to the head and a torn frenulum in his inside upper lip. Shuman said he personally examined several microscope slides of tissues taken from Logan’s body. Shuman said he is “very confident” the lip injury happened “a few days, at least,” before Logan’s death.

Furthermore, Shuman said one of the slides taken from skull tissue showed signs of healing. He said that indicated the bruises could have occurred hours or days before Logan died. However, Shuman couldn’t exclude the possibility that the skull injuries happened immediately before death. Shuman also testified about head injuries that can occur hours or days before death. He said a person suffering such an injury can experience a “period of lucidity” during that time. For example, he said it came take several days after an injury before the brain swells to a point that renders the patient unconscious.

Defense attorney Angelica Cogliano asked Shuman whether Atkins could have experienced a period of lucidity.

“Yes, but I don’t know if or how long he had one,” Shuman said. “It’s difficult to ascertain in an infant because they commonly get fussy, sleepy, lose their appetite or vomit, and those are all symptoms of a head injury.”

Shuman said he knew of another case in which a nine-month-old fell out of a bed and was lucid for three days before dying. The State will continue the prosecution later this week. The trial is expected to stretch into next week.