Toms River Woman's Trial Set To Begin In Baby's Shaking Death

A Toms River woman is set to go on trial Tuesday on accusations she violently shook the 14-month-old baby she was caring for, leading to his death in August 2012.

Opening remarks in the trial, before Monmouth County Superior Court Judge Francis J. Vernoia, are set for 9 a.m. in the case of Michelle A. Heale, who is facing a murder charge in the death of 14-month-old Mason Hess, according to the Monmouth County Prosecutor’s Office.

Heale, 46, was babysitting Mason Hess at her Toms River home on Aug. 28, 2012, when she allegedly violently shook him, causing injuries that led to his death days later, Acting Monmouth County Prosecutor Christopher J. Gramiccioni said in a statement at the time of Heale’s arrest.

The case has been handled in Monmouth County because Heale’s husband and Hess’s father both work for the Ocean County Prosecutor’s Office, Gramiccioni said.

At the time, Heale called 911 to report that the child was having difficulty breathing and Toms River police and emergency responders arrived to find the child “unconscious and not breathing,” Gramiccioni said.

Hess was taken to the Children’s Hospital of Philadelphia where doctors determined that he had sustained physical abuse and was in “grave” condition. It was determined by CHOP doctors on Aug. 31 that the child “was the victim of violent shaking that caused severe brain, spine and retinal damage,” Gramiccioni said.

The child died from those injuries on Sept. 1 and an autopsy performed by the Philadelphia Medical Examiner’s Office determined the cause of death to be a homicide caused by blunt cerebral trauma, Gramiccioni said.

If convicted, Heale faces a maximum sentence of lifetime in prison, and a minimum of 30 years in jail with a 30-year period of parole ineligibility. She also would be subject to the No Early Release Act, meaning that, if convicted, Heale would not be paroled until she served 85 percent of the sentence imposed.

Heale is currently free on $250,000 bail, no 10 percent option.