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Parents Testify In Day Care Abuse Trial

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SHEBOYGAN - The trial against a Random Lake day care manager finally started Monday, two and a half years after a infant girl suffered severe injuries in her private area.

Mary Benz, 51, is accused of intentionally harming the 10-month-old baby at Our Lady of the Lakes Child Care Center in 2007.

The child's mother, Kim Huebner, took the stand first. She testified that Benz downplayed what happened.

"She told me not to be alarmed by how red and raw [the baby] was because she had so many bowel movements," Huebner said in court.  "Something didn't look right."

There is no direct physical evidence pointing to an abuser. Prosecutors claim circumstances all point to Benz.

The defense argued that family members cared for the baby that day and could be responsible. It was revealed in court that the day the abuse occurred marked the first time the baby's father, Jason Schwaller, picked his daughter up from day care.

Schwaller admitted to angering easily.

"I do have a temper," he testified.

Sheboygan County District Attorney Joe DeCecco directly asked Schwaller if he caused the infant's injuries.

"I did not," he responded.

Prosecutors contend Jason's mother, Kathleen DeRuyter, discovered the wounds after Jason brought the child home. The grandmother says the day care warned there would be some irritation.

"I was expecting to see diaper rash, and there was no diaper rash," DeRuyter testifed.

Instead, she said she found injuries that were much worse. The wounds eventually required reconstructive surgery.

The emergency room doctor who first examined the baby told jurors that the injuries were intentional.

"It was a significant injury in an area that I cannot fathom that it would just happen," said Dr. Joseph Schwartz.

The prosecution continues presenting their case Tuesday morning.

Defense Attorney Richard Hahn told TODAY'S TMJ4 that he has not decided if Benz will take the stand in her own defense.

Judge Terence Bourke denied a renewed defense motion for a change of venue or an out-of-county jury. Hahn contended that a local jury pool would be biased by media coverage.

A jury of 14 people was selected from a pool of 24. Twelve jurors will decide the case. Two people will be pulled out at the end of the trial as alternates. The jury includes six men and eight women.

The trial is expected to conclude by the end of the week.

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