Leet v. State

Mary Lee Collins gave birth to her son Joshua in January 1987 while she was incarcerated. After she was released, Collins began a relationship with Raymond Leet (defendant). In January 1988, Collins moved with Joshua and her older child into Leet’s home. Although Leet was not the children’s father, he helped to care and provide for the children. Over the next few months, Collins physically abused Joshua on numerous occasions when Leet was not home and then lied to Leet about the causes of Joshua’s obvious injuries. Collins was charged with child abuse after someone notified child services, but Joshua and his brother were soon returned to her care. By then Collins was pregnant with Leet’s child. In November 1988, Joshua suffered numerous obvious and serious injuries over a few consecutive days. Leet noticed these injuries when he returned from work on Tuesday, Wednesday, and Thursday, but Collins denied that she had caused any of them. Collins went into labor on Friday. Leet cared for Joshua and his brother that day, but Joshua by that point was in a near-comatose state, not eating and vomiting. When Leet returned to the hospital with the children in his car to pick up Collins, Collins discovered that Joshua was not breathing. Joshua died shortly thereafter. Collins was convicted of aggravated child abuse and first-degree felony murder and sentenced to life in prison. Leet was charged and convicted of child abuse and third-degree felony murder for failing to protect Joshua from Collins while Joshua was living in Leet’s home. Leet appealed.