You are a juror in the trial for the alleged physical assault of Carol Donovan by defendant, Michael Donovan. It is alleged that Carol, age 75, was physically assaulted by her son Michael Donovan, age 45, on the evening of May 30, 2016. The state is charging Michael with physical assault.

During the trial the following witnesses testified as follows:


Carol Donovan: Stated that on July 1, 2015 she moved into the home of her son, Michael Donovan. Carol stated she moved in with her son because she had broken her hip a month earlier and was struggling to care for herself. Carol stated that she was lonely and needed assistance around the house. She stated she was given a room on the first floor with a television set. She said it was easy to get her son’s attention because he worked from home and his office was at the top of the stairs. Michael took time during the day to bring Carol what she needed, helped her to the bathroom, keep herself clean and even cooked with her. She stated that on May 30, 2016 her son Michael Donovan came downstairs in a bad mood. A short time later, Carol asked her son to get her a soda from the basement. Michael yelled at Carol to “Get it your damn self.” Carol said that Michael then grabbed her arm, opened the basement door and pushed her down the steps leading into the basement. Carol stated she fell down the steps and fell on her side on a toolbox; she then felt a terrible pain. The next thing Carol remembered was the ambulance arriving. Carol was told by the doctor that she had injured her wrist and her kidney in the fall and had some bruising on her side. She was hospitalized for three weeks and now requires help from a community volunteer to perform everyday activities.

Carol stated the defendant had pushed her once before, but no injury resulted. Carol stated that Michael frequently snapped and cursed at her.  On cross-examination she admitted she didn’t originally want to bring charges, but a social worker encouraged her to do so.  Carol also admitted that she wasn’t 100% certain that her son pushed her. She remembers her son yanking open the door and that he had grabbed her arm.  She also remembers the pain when she fell. She felt frightened because he was so mad, but still loves her son very much. She never found him violent in the past, and thought his recent behavior was due to the stress of his work. Carol is no longer living with her son, but they continue to have contact.

Doctor Jones: The emergency room physician who treated Carol stated that Carol had sustained a kidney injury, a sprained wrist, and some bruising on her side, injuries that were consistent with a fall. He noted that she had bruises on her arm similar to a handprint, but admitted the bruises could have been caused by Michael trying to catch her. Additionally, Dr. Jones stated that it was possible her injuries could have resulted from an accidental fall, as Carol still had mobility problems. Dr. Jones testified that Carol was nervous and upset when she arrived and stated “I don’t know what got into him, I’ve never seen him so mad.” Doctor Jones stated that Carol was alert and that she answered questions carefully and clearly.

Michael Donovan: Stated that he is employed and works from home. Michael confirmed that his mother had lived with him. He testified that he had been under a great deal of stress recently, because of a project at work. He stated that on the day of the incident he had just gotten a conference call in which his boss increased the amount of work Michael had to complete. He admitted he snapped at his mother regarding a soda. However, he denied pushing her down the steps.  He stated that his mother lost her balance and fell. He stated that he grabbed Carol’s arm to help her when he saw her fall; he believes this caused the bruises on her arm. He also stated that Carol bruises easily. He was horrified that his mother was hurt, but claimed that he had nothing to do with it. Michael stated that his mother might be making false accusations to punish him for snapping at her.