Anatomy of Murder - The Caretaker (Logan Atkins)
Episode Date: March 18, 2025A seven-month-old baby dies while being cared for by a family friend. The question becomes, was this an accident or a crime? And if a crime, who is responsible? View source material and photos for th...is episode at: anatomyofmurder.com/the-caretakerCan’t get enough AoM? Find us on social media!Instagram: @aom_podcast | @audiochuckTwitter: @AOM_podcast | @audiochuckFacebook: /listenAOMpod | /audiochuckllc
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Perfectly healthy babies don't just suddenly collapse and die.
And there's nothing wrong with that child.
Something else is going on.
I'm Scott Weinberger, investigative journalist and former deputy sheriff.
I'm Anna Sega Nicolazzi, former New York City homicide prosecutor and host of Investigation
Discovery's True Conviction.
And this is Anatomy of Murder.
If you've been an AOM listener, you may have noticed that we don't often cover crimes
against children.
Very often, stories about abuse perpetrated against a defenseless minor are just too hard
to digest.
Even as a prosecutor, I found that these cases impacted me differently than other cases because
you were dealing with the most innocent of the innocent.
As you're well aware of, these crimes do happen way too often than we would like to believe.
And the fact that these young victims cannot advocate for themselves is precisely why we
thought it might be a good reason for us to highlight some of their cases here.
One such case involving the sudden and unexplained death of a seven-month-old infant occurred
in Fayette County, Texas in July of 2016.
The investigation and resulting trial would confront issues of child abuse,
parental responsibility, and most tragically, the murder of an innocent child.
Of all the cases I prosecute, baby death cases are the ones that affect me the most. I have a two-year-old, I have a child, and you know, when you look at autopsy photos of an infant,
it's just a lot harder than it is to look at autopsy photos of an adult.
That's Josh Summers, an experienced prosecutor at the Texas Attorney General's office.
In his role, Josh is often called in to assist on complex investigations
or trials occurring in smaller towns and jurisdictions throughout the state. That might benefit or
can benefit from the full resources of the Texas Attorney General's Office.
So I always tell people I have the best job in the entire world because I get to travel
all over the great state of Texas and prosecute some of the worst offenders.
You know, my job is to see that justice is done in these cases.
And when Josh says worst offenders,
that would certainly include the rare, but not rare enough,
instances of child murder.
When you talk about baby death cases,
no one likes to think that an adult, that someone
is capable of murdering a baby.
But the sad reality of the world we live in, these things happen.
And when they do, it takes a special breed of prosecutor to make sure that young victim
and his or her family get the justice and the care that they deserve.
You know, I always tell people when you talk about being a prosecutor, I tell families and
crime victims, I can't change what has happened, but what I can do is make sure that the right
thing happens now.
So when I step into a case and meet with a family that's lost a loved one, it's really
my job to be a strong person
and to shepherd them through what may be
the darkest time in their lives.
Nicole Lambert was a small town girl
who had grown up in rural Texas.
And while her life had not turned out
quite exactly how she dreamed as a little girl,
there was one very bright spot in her life,
her seven month old son, Logan.
Logan Atkins was a beautiful baby,
just a gorgeous little boy,
and was just one of those children that,
you know, when you see his picture,
you could just tell this child was very full of life
and full of love.
In 2016, Nicole was a single mom trying to make ends meet,
and when it came to taking care of Logan, she often relied on the help of friends and
family, including her mom who lived in the area and a good friend named Billy Palaszczuk.
Billy would regularly spend time with Logan.
Billy was someone that Nicole would trust to watch her child.
He was almost like a second father to Logan, very much a Godfather type figure.
On the night of July 3rd, fireworks were already starting to pop around La Grange, a small
town on the Columbia River between Houston and San Antonio.
But while most people were preparing to enjoy the 4th of July holiday, Nicole had to do
a night shift, so she asked Billy if he wouldn't mind watching Logan for the night.
That evening, his mother, Nicole, brought Logan over to Billy Palaszczuk's home, and she left him alone with Billy that evening.
Nicole returned to Billy's the next morning, tired but anxious about leaving her young son all night.
But as she pulled open the door to Billy's home, she was relieved to see that the seven month old Logan
was dressed in a onesie, grinning and giggling in bed.
Billy lived in a trailer home kind of behind,
I guess a regular house you would say.
And the three of them were together in the trailer
kind of on and off, you know,
Billy was coming and going,
but Nicole was spending time with Logan and he was
kind of napping and playing with her and that sort of thing. But Nicole still had errands to run back
in town and so she had asked Billy if he could keep watching the boy for a few more hours. Hey,
as we all know it, sometimes it takes a village. Nicole kissed her son and left him playing with
one of Billy's guitars. She was there for about two hours the morning of July 4th.
And by all accounts, according to Billy later and according to Nicole,
Logan was acting normal. He was fine. He was happy. He was healthy.
At about 10 o'clock in the morning, Billy decided to take Logan out and get a
little babysitting assist from his own mother who lived just down the road.
And so he put Logan in his truck and drove the short distance to his mom's.
His mother would later tell police that she didn't see Logan in the back of Billy's vehicle,
but she could hear him laughing and giggling and saw Billy turn around to pay attention to the child.
And all of this is important because by all accounts,
Logan was healthy and acting normally,
doing the normal things you would expect
a seven-month-old baby to do.
The short visit to his mother's only lasted a few minutes,
and by 11, Billy and baby Logan were back on his property.
But the bright mood of the day
would change in an instant because it is then and there on Billy's property that something terrible
would happen. Logan had been alone with Billy for approximately half an hour at 11.05 a.m. that
morning of July 4th 2016. Billy called Nicole Nicole, Logan's mom, and said Logan wasn't
breathing, wasn't responding.
He was in a panic.
It's a call that every parent dreads.
The call from the babysitter telling you that there is something wrong with your child.
As soon as she got that news, Nicole jumped in her car and raced towards Billy's home
outside of town.
About eight minutes later, as Nicole is frantically making her way to Billy's home, she calls
911.
At the very same time, Billy puts Logan's tiny, unconscious body back into his truck
and speeds off towards town.
Billy, contemporaneous to her going to his home,
is trying to get Logan to a hospital.
They pass each other on a highway,
and eventually it just happened to be
that a DPS trooper was in that area,
pulls them over for speeding.
And you can imagine why.
The officer from the Department of Public Safety
saw these two cars speeding down a country road.
It looked like they were racing or perhaps one car was in pursuit of the other.
But when the officer approached Billy's truck, he immediately realized that this was no ordinary
traffic stop.
And Billy takes Logan out of his truck, runs frantically over to the state trooper who attempts to
resuscitate the child and begins performing CPR on that child.
Within seconds of the stop, the DPS officer found himself attempting life-saving measures on a
seven-month-old baby, which as you can imagine is as hardened as traumatic as it sounds.
The trooper did what he could do given the circumstances.
He kept this composure and he did everything you would want
a member of law enforcement to do.
He took that child and immediately began performing CPR
on that child and continued to do so
until EMS arrived on scene.
Logan was eventually rushed to the local hospital,
but there was nothing EMS or doctors could do to save him.
The seven-month-old was pronounced dead less than an hour after Billy's call to the child's mother.
Nicole was left with the devastating loss of her son and a host of questions about what happened.
Questions that, at that point, only her friend Billy could answer.
First he is spoken to by a member of the Fayette County Sheriff's Office
and later he's spoken to by a Texas Ranger.
And when he's interviewed, he tells law enforcement that he was going to give Logan a bath.
Billy lived in a small mobile home on a property cluttered with old appliances and
farm equipment. And next to this mobile home was a small wooden shed that for all intents
and purposes served as Billy's garage. And according to Billy, on that morning, that
shed was also where he intended to give the baby a bath. Billy tells the Texas Ranger
that he was going to give Logan a bath and that he put
Logan in a horse trough that was I guess serving as a makeshift bathtub. This horse trough looked
like a large galvanized steel tub or garden container that was about three feet high and
about four feet long. According to Billy, he placed Logan into the steel tub with just a few inches
of water at the bottom. Then he did what every caretaker is told never to do. He walked away.
He walked about 20 feet away to get some tear-free shampoo, heard a splash, returned to the horse
trough and saw Logan unresponsive laying on his side.
Billy told the Texas Ranger that he immediately
removed Logan from the tub, checked for a pulse,
and even attempted CPR on the unconscious child.
Asked why he didn't call 911, Billy told the investigator,
I was a nervous wreck.
My main goal in my head was,
I'm trying to get this boy to the hospital.
The incident is not unlike so many horrific stories of accidental drownings that can occur
in any household with a small child.
In fact, the U.S. Consumer Product Safety Commission says that every year, 90 children
drown inside the home, and two-thirds of those occur in a bathtub.
In baby Logan's case,
there was one big problem with Billy's story.
According to doctors, Logan didn't drown.
In fact, according to his mom and the DPS officer
who first performed CPR on the child,
there was no evidence that he had been in a bath at all.
Logan was not dressed, but he was completely dry.
His skin was dry, his hair was dry, and so that's kind of out of the gate.
Things in Billy's story don't start matching up with the evidence.
It didn't make any sense that a perfectly normal, happy, healthy infant
would just suddenly collapse in a bathtub and die.
That didn't make any sense.
There was, however, visible evidence that the seven-month-old would just suddenly collapse in a bathtub and die. That didn't make any sense.
There was, however, visible evidence that the seven-month-old had suffered a head injury.
There was bruising kind of throughout or all over his head.
So you didn't have one focal point of bruising.
You had bruising in different places, which would indicate that he was struck several times, which would cut
against Billy's story that the child had simply fallen in a bathtub.
That didn't make any sense because you wouldn't have multiple impact sites from just one fall.
An autopsy soon revealed the awful truth about the extent of Logan's injuries. And in the course of that autopsy, the medical examiner observes contusions to the head,
observes that Logan has suffered a skull fracture, and observes hemorrhages to the brain.
In other words, Logan had died not from drowning in the tub, but from blunt force trauma to the head, which had caused his tiny skull to fracture and his brain to hemorrhage.
When you have hemorrhages to the brain in an infant, there are a limited number of mechanisms that can cause those types of things. fall from a great height, a high-speed motor vehicle collision, or what we call inflicted
trauma or non-accidental trauma, which is simply fancy words for child abuse.
And so obviously, there was nothing to indicate Logan had fallen from a great height or was in
a car crash. And when you start eliminating those other possibilities, you're really left with only
one conclusion. That conclusion was that baby Logan had been struck repeatedly on the head, intentionally
and fatally.
It becomes more and more apparent that this isn't just a household accident, that this
is a homicide. On July 4, 2016, tragedy struck in the tiny town of LaGrange, Texas, where seven-month-old
Logan Atkins was rushed to the hospital with injuries he sustained at the home of a babysitter.
34-year-old Billy Palaszczuk claimed that young Logan fell down while inside a steel bathtub,
resulting in what turned out to be fatal head injuries, but investigators were immediately suspicious.
Children, you know, they bump their heads, they fall down, and that happens.
Normally a child, you would expect them to cry for a little bit, but then they're okay.
And for injuries like this to be sustained by a child, a certain amount of force is required. The
medical examiner concluded that Logan's injuries were likely the result of a recent
and deliberate blunt force trauma. Texas Rangers were called in to investigate
not an accident, but a homicide.
Obviously, the goal was to figure out who was responsible for Logan's injuries and
ultimately his death. But that was not going to be as easy as it may sound.
One of the challenges is determining whether
the adult caretaker that was alone with the child
inflicted the injuries or whether or not
someone else inflicted those injuries.
And that child was having what medical professionals
might call a lucid interval.
In other words, whether the child had been hurt some time prior to being alone with Billy Palaszczuk,
but didn't become symptomatic until he was alone with Billy Palaszczuk.
Which is why it was crucial to create an accurate timeline of events,
including the verified whereabouts of anyone who had access to Logan for the hours leading up to his death,
not just a babysitter, Billy Palaszczuk.
And so when you talk about the types of injuries that Logan
sustained, they could have been inflicted within 24 hours.
They could have been inflicted within an hour.
And so you've got to look at all of the conduct and behavior and circumstances
of other potential suspects. So in this particular case, it was very, very, very important to
rule out the possibility that Logan's mom, Nicole, could have done this.
Now, usually on the surface and common sense would dictate that the boy's mother, Nicole
Lambert, was an unlikely suspect.
According to the DPS officer who first encountered her, she was hysterical when he and EMS attempted
to revive the boy.
Now there was also nothing in Nicole's past that indicated she was an irresponsible or
abusive parent.
No history of arrests, no calls to child services, nothing.
When you look at her behavior, this was a loving mother who had cared for her child,
who had taken him in regularly to doctor's visits, who was very responsible and caring
for this child.
But tragically, in cases of child abuse, appearances can often be deceiving.
So it was important to confirm Nicole's timeline for the 24 hours prior to Logan's death
before investigators could eliminate her as a suspect.
And when you construct this timeline, if you will,
Nicole was only alone with Logan twice prior to Logan's death within that 24 hours beforehand. She was alone with Logan when she took him over to
Billy's home the evening of July the third. And then she was
along with Logan for periods of time the morning of July 4, when
she returned to Billy's to check on Logan.
And remember, according to both Nicole and Billy on the morning
of her visit, Logan was
happy and healthy, showing no indications that a child was in distress or that he had
suffered a recent injury of any kind and a mom would have known.
But nothing at all indicated that anything was wrong with Logan.
In Billy's own statement, he said that Logan was healthy and acting normal
when Nicole was there.
Even Billy's mother, who remember lived just down the road from her son, confirmed that
baby Logan seemed perfectly fine in just the hour prior to Nicole's frantic call to 911.
Moreover, Billy's mother said that although she did not see Logan, she could hear him laughing
and giggling in the back of Billy's vehicle. And so that further went to show that this was a normal,
happy, healthy baby. And keep in mind the severe nature of Logan's injuries. While sometimes a
fatal ailment can go undetected and manifest themselves suddenly and fatally. Head injuries as severe
as Logan's, they would have been nearly impossible for the child to ignore or not show obvious signs
of distress. And you would not expect a child who had sustained these types of injuries to be
laughing, giggling, taking a bottle, acting normally.
You would expect the child who had sustained
these types of injuries to be in some state of distress,
to be unconscious, or obviously to have passed away.
And that really left just one conclusion,
that Logan's head injuries were sustained
sometime after Billy left his mother's house,
and before
he called Nicole to say the boy was not breathing.
It was important to show that Logan was healthy and acting normal according to everyone who
had been around that child.
And in fact, the only time he wasn't acting normal, the only time he wasn't healthy,
was when he was in the sole care, custody, and control
of Billy Palaszczuk.
When questioned by investigators, Billy continued to deny he had ever put a hand on the child
intentionally or otherwise.
He also denied that he had done anything to cover up or obscure the truth of what really
happened on the morning of July 4th.
But as investigators examined both his home and the shed where he claimed to
have been bathing Logan, they began to suspect that he might be lying.
You kind of had two crime scenes.
You had Billy's trailer home.
And then secondly, you had this makeshift garage.
So this garage had a lot of kind of random things stored in it. There was a
refrigerator. There was a jet ski. And obviously there was this horse trough where Billy claimed
he was going to bathe Logan. As they stepped into a cluttered shed, investigators immediately noticed
some things that didn't look quite right. Nothing obvious like a bloody murder weapon or smoking gun,
but certain things that awakened the feeling
in a cop's gut that something was wrong.
That trough looked like it had been planted there
because one of the things that was important,
there was a leaf inside of the trough
where he was gonna bathe Logan,
and that leaf matched up with a leaf on a tree outside.
So we always thought that that trough had been outside and he put it back in that.
He moved it into the detached garage to kind of stage a crime scene, if you will.
And there were some other things about the scene that didn't match Billy's story either.
According to Billy's story, he had stepped about 20 feet away for a minute or two to go get some shampoo to bathe Logan.
He heard a thump splash and ran over to see what was the matter.
Well, what was interesting is there was a bottle of shampoo neatly placed to the left.
And I guess two things stood out to us in examining the crime scene photographs are that the location
of that bottle is not really where someone would have set it if they were running over
to check on a child that they thought had fallen down.
But secondly, it was just neatly placed there and you wouldn't expect a bottle like that
to be neatly placed if you think a child is seriously hurt and has
fallen down in a bathtub.
To investigators, it felt like someone had hastily staged the scene in the shed to match
what Billy had told Nicole and the police and cleaned up any other evidence that may
have contradicted it.
But could he really have had the time and opportunity to stage an accident in the
brief window he was alone with Logan and before he raced off to meet Nicole at the hospital?
In fact, investigators found it strange that if Billy and Nicole both took off from their respective
start locations to meet at the hospital, why was Nicole able to cover nearly five miles in those 13 minutes while Billy
only covered a mile?
The only explanation was that Billy did not actually leave immediately after the phone
call.
Investigators also thought that the staging and cleanup of potentially incriminating evidence
might have occurred after he returned from making his initial statement to the police.
Because before Logan's death was suspected to be a homicide,
Billy had not been restricted from the shed where he had said the accident took place.
The Fayette County Sheriff's Office taped off that area using yellow crime scene tape.
They told Billy not to go into that area, but it's a smaller jurisdiction.
It's a rural county.
That area was left unattended.
Thankfully, the initial deputy had taken some photographs and those photographs were compared
to the photos later taken by homicide investigators.
One of the things that stood out though, they took photographs before and after taping off
that area when they returned.
And when you compared the photographs, there were things that had been moved around.
So it looked like Billy Palaszczuk had not only staged the crime scene, but later tampered
with that area to further stage it, if you will.
Taking nothing at face value, investigators moved into Billy's home, the place where
he slept, and the last place that Nicole saw her son alive.
They were on the hunt for any inconsistencies in his story.
What they found was a whole lot more.
So when they go into the mobile home, that's when the net starts to close in on
Billy, if you will. So at this point, the Texas Rangers had become involved and the Texas Ranger
assigned to the case got a warrant to go inside of the home. Within that home, there was a mattress
and a pillow of importance. Texas Rangers are very experienced law enforcement officers.
They are considered the best in the state of Texas and the Ranger
observed what to him based on all of his training experience and
background as a peace officer was apparent blood on the mattress and
apparent blood on the pillowcase covering the pillow on Billy's bed in that mobile home.
What appeared to be blood on the same mattress and pillow where baby Logan had slept?
Were they just random old stains on a dirty mattress as Billy would claim or were they evidence of a murder?
First, there is an initial process called serology testing.
And in serology testing, they're able to do a presumptive test for the presence of blood.
And in this situation, they confirmed that what the ranger saw was in fact blood.
But whose blood?
The answer would be a pivot point in the investigation.
From there, it is then sent off for DNA testing and through DNA testing, they are able to
establish that the DNA profile from the blood on the mattress and the blood on the pillow
case was consistent with Logan's DNA.
But the scene inside the trailer held
other critical clues as well.
But these clues were not in the form of the items
that were there, but rather things that were not there.
Namely, the baby's diaper and the clothes he was wearing
before his supposed bath.
Nicole had left Logan wearing a onesie,
and that onesie was never found.
And so to me, as you start putting these missing things
together, it indicated that Billy Palaszczuk had probably
disposed of evidence in some way.
And thanks to Billy's next door neighbor,
investigators thought they knew how.
And one of the important things that happened in this case is after law enforcement had
been out there initially, Billy Palachuk was able to go back home and a neighbor observed
that he was burning trash.
Now in small town Texas and rural Texas, people oftentimes burn trash.
It happens regularly. But obviously it's unusual in a situation like this
where a baby has just died
and now you have the individual
who is caring for that child burning trash.
I mean, something like that is gonna raise
a red flag for anyone.
Like Josh said, this was a rural area
and burning trash was actually a pretty typical way
of disposing of garbage.
But on this day of all days, it just seemed more than odd.
It seemed suspicious.
Any adult that was alone with a child that died, you wouldn't expect him or her to go about their normal day and just start, you know, taking the trash out or in this situation
burning trash. You just wouldn't expect that type of behavior.
And I'd go as far to say that this was not just suspicious behavior. It was likely criminal,
especially if there were items in that burn pile that belonged to Logan or were relevant
to the investigation.
And there are a lot of missing things. They never find the onesie that Logan was in. They
never find his diaper. And there was a bottle cap found in Billy's trailer home,
but they never found the bottle.
So we think he burned all this stuff.
Investigators had narrowed the window of time
when baby Logan could have been injured to a half hour
when he was in contact with Billy Palaszczuk
and Billy Palaszczuk alone.
And now they had evidence that Palaszczuk had deliberately manipulated the scene.
We have a baby who's passed away.
We have very suspicious behavior after the fact, burning trash.
We have DNA evidence, these catastrophic injuries, a story that doesn't make sense.
And as you start putting all these pieces together, everything ultimately points directly
to Billy Palaszczuk.
Palaszczuk was a friend of the child's mother, someone she even described as a godfather
type person in his life.
And while he did have a history of drug use, this was not a man with a record of violent
crime or abuse.
And yet, the evidence was pointing to the fact that he was somehow responsible for deliberately
and brutally taking a seven-month-old baby's life.
There were no witnesses, no murder weapon.
And this being a child victim, there was obviously no motive or underlying conflict that would
have escalated into violence.
But clearly a brutal, incomprehensible assault had occurred. no motive or underlying conflict that would have escalated into violence, but clearly
a brutal, incomprehensible assault had occurred.
The only logical conclusion law enforcement could make was that Billy Palaszczuk had killed
Logan Atkins.
Now, it would be up to prosecutors to prove it.
No one wants to rush to an arrest and heaven forbid one of the worst things that can happen
is someone is
wrongfully accused. When we indict or charge someone with a crime like this we want to make sure
everyone's been interviewed, all the medical evidence has been reviewed, all of the forensic
testing has been done or been submitted to be tested. You want to make sure everything's been done so that you are confident
that you have charged the right suspect and certainly as a prosecutor,
that you are prosecuting the individual that committed this crime.
Palaszczuk was arrested and charged with the murder of seven-month-old
Logan Atkins. After his indictment, he was taken to jail
where he sat awaiting trial. And during that time, he
did not exactly help his case.
You know, when someone is charged with a crime, the case
doesn't automatically go to trial, that person will appear
in court for what we call a docket call, maybe about once a
month or thereabouts. At one of the docket calls in court,
Billy Ploshak, he was in custody
and he actually attempted to escape.
He broke a window in the courtroom
and the local county attorney
and the assistant county attorney were witnesses
to this attempt that escape.
Whether the escape attempt through the third floor window
was a genuine plan or an attempt to end his own life, it certainly demonstrated a
certain consciousness of guilt or at least a resignation that he would
ultimately be convicted. But in actuality what it did was cause another long delay
in his trial. Now that the county prosecutors were witnesses to his escape
attempt, a change of prosecution was in order, which
is how Josh and his trial partner, Andrew Roundtree, got involved in the case. And they
would have their work cut out for them because Palaszczuk was still determined to claim he
was not responsible for Logan's death.
For purposes of capital murder, if you intentionally or knowingly cause the death of a child that
is a capital murder.
Obviously we have to prove this was not an accident, that it was a criminal act.
And when I meet with these families, I always tell them two things.
I say, look, be patient with the process.
These cases can take a long time.
And secondly, trust me to do the right thing, because every decision that I make on a case
is geared toward seeing that your loved one receives the justice that he or she deserves.
But to do that, he would have to confront an alternate theory on the murder from the
defense — that Logan wasn't injured on Palaszczuk's watch at all, and whoever was responsible for his death
could still be walking free.
The trial of the man suspected for killing Logan Atkins
was scheduled to begin nearly
four years after the child's death.
I think our biggest hurdle was, I guess really two things, being able to put all of this
information together in a cohesive way for a jury, because it is very complicated.
And so I think one of the first challenges we have
is helping a jury understand all of this medical evidence,
being able to convey to them the timeline
and why that's so critical in a case like this.
That medical evidence included the proof
that Logan had suffered not one,
but multiple head injuries that could only have been caused
by deliberate inflicted trauma.
In other words, child abuse.
And I would also say another key challenge we faced
is we had to be able to eliminate mom
or prove to the jury that mom didn't do this,
that it had to have been Billy Palaszczuk.
What the prosecution did not have to do was prove why Logan was killed or even how.
Just that Billy Palaszczuk and Billy Palaszczuk alone deliberately caused the
infant's injuries that resulted in his death.
Child abuse cases are inherently circumstantial and we can never say exactly how that child was struck.
We can never say how many times what type of blunt force instrument was used to cause
those injuries.
All we're ever really able to say is that this child sustained these blunt force injuries and that these injuries
were caused by inflicted or non-accidental trauma.
Josh believed that piecing together this circumstantial evidence would tell a horrifying but convincing
story.
What we believe happened to Logan was that at some point that morning after Billy had taken Logan to his mom's, when he was alone with Logan for about 30 minutes or so, for whatever reason, maybe he got upset with the child, maybe he was mad about something else, but for some reason, whatever that may be, Billy did the worst thing anyone can imagine and inflicted
blunt force trauma struck that child repeatedly again and again and again and caused all those
contusions fractured a skull and caused those injuries to Logan's brain and that the combination
of those things obviously led to his death.
So Anasiga, I'm not allowing for a moment
to suggest that anyone who commits a crime like this
to get any sympathy, even if they have regret.
If in fact, all of the evidence bears out.
But the legal system, I'm sure you can help with this,
Anasiga, you can dig into it, does allow some wiggle room
when it comes to what a defendant would be charged with.
And if the evidence shows that the event wasn't completely pre-planned, more of an in-the-moment
decision to harm resulting in death.
It does, but I will say that here while it's a circumstantial case and there's various
possibilities that what happened, if at that moment you intend to inflict that injury,
and again, like is there any other reasonable explanation if you strike your fist to someone's face
or if you use an object on their head?
At that moment, you intend to cause that harm.
Even if you regret it one second later or once you see that you've caused serious injury,
that still is the same charge.
But again, if he is remorseful, that may well factor inappropriately when it comes to sentencing.
But again, it's kind of for me this too little too late.
I certainly would always prefer to have a defendant show remorse after what they've
done, but it isn't going to change their level of culpability based on the evidence and the
facts.
The word regret is interesting.
In some cases, the evidence in the cover-up is stronger than the evidence in what leads up
to the actual crime being committed,
because that's when killers panic.
And sometimes, like in this case,
they try to undo what they've already done,
realizing what just happened.
And again, just kind of circling back to that,
what happened, you know, just to be clear,
like, it doesn't need to be even a minute, 30 seconds, five seconds before you commit the act.
At the moment you are committing the assault or in this case that he was committing the
assault, whether he just lost his temper, at that moment that act is intentional and
that has to do with his charges.
While a lot wasn't known, Josh has explained why it wasn't that much to do with his charges. While Lot wasn't known, Josh has explained,
like why it wasn't that much to them was clear.
Billy must have been angry for some reason,
whether at Logan or at something else,
took that anger out on Logan,
caused those catastrophic injuries
and that moment of anger,
and then realized what he had done, tried
to cover up the crime scene, called Nicole, tried to take Logan to the hospital, but none
of those things excuse his intent or what have you to harm this child.
He doesn't get a free pass just because he lost his temper, realized what he had done,
and then tried to take the child to the hospital.
He's still legally responsible for what he did, for his actions.
The defense continued to claim that Palaszczuk did not cause the baby's injuries.
After conceding that the injuries may not be consistent with the fall in the steel bathtub, Palaszczuk's defense team proposed an alternate explanation for the child
dying on Palaszczuk's watch, that Logan had somehow sustained his fatal
injuries before the baby was in his care.
So the defense in this case was that Logan had suffered these injuries sometime prior,
either through several accidental falls
or that his mother Nicole had inflicted these injuries.
And it was true that Logan's mom had admitted
that Logan had incurred a couple of bumps
and bruises around the house.
But these incidents were described as minor
and not indicative of a pattern of abuse or neglect. And the prosecution
put people on the stand to testify to that.
But it was also important to show that in June, just a month
prior to his death, he had been in for a wellness visit. He was
a healthy, normal baby. And there were no parental
concerns. In other words, there was nothing to indicate that his mother Nicole had been neglecting
him or abusing him in any way.
But the defense continued to sow doubt about whether a possible accident could have caused
an injury that had gone undetected until the child was in Palaszczuk's care.
This theoretical delay between a catastrophic injury
and showing a reaction like crying or falling unconscious,
or in this case, death,
is what doctors called a lucid interval.
In layman's terms, a lucid interval would be
where a child suffers catastrophic injuries
like the one Logan has but doesn't present doesn't
become symptomatic until sometime later and so one of the defensive theories
advanced was that these injuries had been inflicted sometime prior to that
child being alone with Billy that he was experiencing a lucid interval in other
words he was acting normally and then became symptomatic presented
when he was alone with Billy
after Nicole had left the morning that he passed away.
The most common instance of one of these lucid intervals
would be when an injured person is in shock.
It might not have noticed the serious injury until later,
but doctors for the prosecution testified
that there are few, if any, instances
of this occurring with a child Logan's age.
So this is a medical concept.
It can happen.
But in this case, there was no evidence to indicate that Logan was having a lucid interval,
in large part because there was nothing to indicate that Nicole had done anything to hurt this child.
In other words, the best evidence that this was not a lucid interval was that there was no proof
that the child had been injured at any time before he was in the care of the man accused of killing him.
So there were different theories advanced by the defense in this case. One of them that, you know, Logan fell off a counter while his mom was changing his diaper,
another that he hurt himself playing at the swimming pool.
But ultimately, there's never really any evidence or testimony to support any of those theories.
They were just purely speculation and conjecture.
But these so-called theories were mentioned in the defense's opening statement, which
meant that they were out there in the jury's mind as a possibility.
And sometimes that's all the defense needs to do to inject that fraction of reasonable
doubt so that, at least in their minds, may have been addressed.
That's one of the things that I have to do as a prosecutor is that things may be stated in front of a jury in
opening statement or alluded to in questioning by defense counsel.
And then it kind of becomes one of my jobs to eliminate those possibilities.
But to disprove these alternate theories, the prosecution would have to rely largely
on the testimony of the baby's mother, Nicole.
In essence, the defense's whole case hinged on painting Nicole as a bad or neglectful mother.
And as witness, Josh knew she was vulnerable. Because the fact was that she didn't have means,
right? She wasn't well off to say the least. She was a single mom who was already feeling the pain of beyond even just losing her child, but now the severe guilt of making that fateful
and deliberate choice to leave her child with the very person now being charged with being
responsible for hurting him. Nicole, and very credibly so, denied ever
witnessing Logan have any type of fall or accident that would
have caused the types of injuries that led to his death.
So all of these allegations was just conjecture and speculation.
There was never anything to support this idea that he had sustained some severe fall from
a changing station or plane at the swimming pool.
There was nothing ever to support that.
In the end, Nicole proved to be a believable and sympathetic witness.
Losing a child, any child, but particularly an infant, that is the worst loss that any parent can suffer.
And it's something that clearly affected Nicole and clearly stayed with her.
You know, one of the things that juries do when we all get caught up in legal
semantics and things like that, but ultimately what a jury does is they
evaluate people's credibility.
They get to decide whether they believe all, or some of what a witness has to say.
And I think in this case that Nicole testified
very credibly, and I believe the jury
believed everything that she had to say.
Palaszczuk did not testify in his own defense,
although the prosecution did use
his original recorded statement to the Texas Rangers
to expose his pattern of lies and his deliberate efforts
to cover up the crime.
There was Logan's blood on his mattress,
a witness that saw him burning potential evidence
on the day Logan was killed,
and the evidence that Palaszczuk had moved evidence
and staged the accident in his shed.
But ultimately, it was not one piece of evidence that would convince a
jury. It was the entire picture. I think in a case like this, it's so important not to view
any one piece of evidence in isolation. But when you look at the totality of the circumstances,
when you look at everything together, not the injuries but the DNA evidence the blood
Associated with Logan that was inside of Billy's trailer when you look at the staged crime scene the crime scene that had also been
tampered with the
Burning of trash that happened after law enforcement was called out when you look at all of these surrounding facts and circumstances
in my mind it
unequivocally established that Billy Plaszczuk murdered Logan Atkins.
In his closing statement,
Josh encouraged jurors to use their most valuable tool,
their common sense.
They did not have to be experts in forensics or crime scenes.
They just had to follow the law and use that common sense.
And after deliberating for several hours,
they returned a verdict.
The jury found Billy Ploshchick guilty of murder.
In Texas, they have what's called a bifurcated system,
meaning the sentencing following conviction
is a separate proceeding.
It's a process that does allow the prosecutor
to now introduce additional information that
could influence the sentence, and that's what happened here.
One of the really important things that the jury heard about in this case was that at
one point, Billy Ploshchuk was on bond for this case.
And while on bond, he was with his own daughter at a state park in Texas Bastrop State Park
and the police were called out because Billy was high on synthetic marijuana
and his behavior his conduct was captured on video and it was very
shocking very unsettling he seems incredibly unwell. He's clearly under the influence of drugs.
And as a result of that incident, he was charged with endangering a child. And the jury heard
evidence of that. And I think in large part that aided them in their decision to sentence
Billy Palaszczuk to life in prison. For Nicole, her family, and the entire community
that had grieved alongside them, it
was a righteous and just punishment
for the gravest of crimes.
He is a dangerous, dangerous person
with respect to children and should never, ever
be around a child again.
In any case where there are accusations of child abuse,
parents are often scrutinized, sometimes fairly,
sometimes not.
And in this case, some uncomfortable truths about Nicole
were exposed to the public,
some having to do with her past substance abuse,
the other having to do with her relationship
with Palaszczuk to begin with.
Nicole admitted that after the trial and the murder of her son, she suffered depression
and sunk deeper into addiction, even spending some time in jail herself.
From there, Nicole underwent substance abuse rehabilitation and has remained sober since.
She continues to struggle with the scar of losing a child to someone she knew and trusted.
Logan's case has had a profound and lasting effect on the prosecutors as well. To this day,
it serves as both a reminder of the cruelty that some people are capable of and the certainty of
their mission to achieve justice for the most innocent of victims.
for the most innocent of victims. You know, as a prosecutor, sometimes you see photos
that you can't unsee.
And to me, you know, the photos I saw in this case
of Logan at the medical examiner's office,
those are photos that I will never forget
and I will never be able to unsee those.
And I can't erase that from my mind,
but I can take some degree of comfort in knowing
that Billy Palachuk will never be able to hurt another child again.
Anaseka and I discussed this case long before the decision was made for us to cover it,
because we know these stories are difficult on so many levels.
Some crimes are so horrific, so unthinkable, that people struggle to believe
they actually could ever happen, especially when the victims are infants. But silence doesn't erase
reality. AOM exists to tell these difficult stories because they do matter. These cases
are not just statistics. They represent lost lives, families torn apart, and an
unimaginable level of pain. By shining a light on these tragedies, we honor the
victims, ensure their stories are not forgotten. It's not just about the crime
itself, it's about acknowledging the heartbreak, the fight for answers, and the
strength of those left behind. Some stories are hard to hear, but that makes them even more
important to tell. Murder is always the most final of crimes, changing lives forever.
A child's murder, a baby's, even worse. Logan Atkin should have gone to kindergarten, had play
dates, scraped on his knees and giggled along with his friends. And of course, young adulthood and far beyond.
These cases were always the worst for me as a prosecutor,
and I still feel that way today.
Just as a person, they are the most difficult types of crimes
for me, for both of us, to hear or think about.
But as we have said from the start, they do happen.
Logan lost his life to homicidal violence.
He should be remembered.
And that is why we must talk about them and think about it,
albeit so very disturbing to us all.
Logan, your mom and family loved you so much
and you should have lived a much, much longer life.
Here at AOM, this entire AOM community, we all would have loved to hear or see who
you would have, should have, grown up to be.
Tune in next week for another new episode of Anatomy of Murder.
Anatomy of Murder is an AudioChuck original.
Produced and created by Weinberger Media
and Frasetti Media.
Ashley Flowers is executive producer.
This episode was written and produced by Walker Lamond,
researched by Kate Cooper, edited by Ali Sirwa,
and Philjohn Grande.
So, what do you think, Chuck?
Do you approve?