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Man sentenced to 5 to 7 years in prison for suffocating baby


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The Grand Island Independent
Posted Sep 30, 2008 @ 08:32 PM

GRAND ISLAND —

A man convicted of manslaughter for the suffocation death of his girlfriend's 7-week-old baby was sentenced on Tuesday to five to seven years in prison.

Christopher M. Klein, 21, sat expressionless as Hall County District Judge James Livingston announced the sentence Tuesday morning. In addition to the prison time, he was given credit for the 216 days he has already served in jail.

On Aug. 26, Klein pleaded no contest -- against the advice of counsel -- to felony manslaughter for the Feb. 28 death of Caitlynne Bohlen, the infant daughter of Klein's girlfriend, Tiffany Bohlen.

Klein wasn't the baby's father.

The infant died after a pacifier was placed in her mouth, a blanket was wrapped around her head and she was squeezed against the side of her bassinet with a pillow, according to police.

In court on Tuesday, Klein's court-appointed attorney, Todd Lancaster of the Nebraska Commission on Public Advocacy, said his client learned the technique from Bohlen, and the couple had been using it for about a week without any problems.

Authorities have said the method was used to keep the pacifier in the baby's mouth as she slept.

"He's always been clear to us that he never intended to harm Caitlynne," Lancaster said.

He added that he and Klein had discussed the possibility of taking the case to trial or pleading to a lesser felony, such as child abuse, but Klein was adamant that he wouldn't plead to anything that required him to say he intended to kill Caitlynne.

To further show that Klein didn't mean for the baby to die, Lancaster said police reports indicate that Bohlen's father told officers that Klein was never inappropriate with Caitlynne, Bohlen or another child who was living in the home.

Bohlen, also known as Tiffany Balch, 20, of 119 W. 11th St., was also charged with manslaughter. However, the case against her was dismissed in Hall County Court last month following her preliminary hearing.

Lancaster acknowledged that Klein has legal problems in Minnesota relating to a bad-check charge and probation violation. He had also faced a felony charge in Hall County of violating the sexual offender registration act, but that was dismissed as part of the plea agreement in the manslaughter case. The charge was filed after Klein moved to Nebraska from the Minneapolis area and failed to register.

Some of Klein's problems stemmed from outbursts he had in school brought on by teasing he received for taking special education courses and for having bad teeth, which have since been fixed. Klein went to a treatment facility, where he continued his education, and was on an approved furlough from the facility when he absconded and came to Nebraska, Lancaster said.

While at the facility, Klein was taught to control his emotions, Lancaster said. He added that his client has low intellectual function and lacked experience with babies.

Klein declined to make a statement in court on Tuesday.

Hall County Attorney Mark Young asked Livingston to sentence Klein to prison because he admitted his responsibility for Caitlynne's death.

Young said Klein had a history of antisocial activity and the death was the unintentional result of a deliberate act.

"This is a difficult case," Livingston said to Klein. "It's difficult for you. It's difficult for all involved that this tragic event happened."

The court has to consider a defendant's background and motivation, along with the nature and circumstances surrounding the offense, when determining a proper sentence, he said.

"A less than 2-month-old life was lost -- it was taken away, and you've been convicted of this felony based on your culpability for that loss," Livingston said. "In your 21 years, you've committed a number of criminal acts toward others, including taking this life.”

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