Prosecutor: Topeka girl, 2, died as her father was 'intoxicated and passed out in his bed for days'
Jeffrey J. "James" Exon's 2-year-old daughter, Aurora Exon, died of malnutrition due to neglect by her father at a time when he was "intoxicated and passed out in his bed for days on end," prosecutor Bethany Lee said Tuesday.
She asked a five-man, nine-woman Shawnee County District Court jury to convict James Exon of crimes that included first-degree murder.
James Exon "did not murder his daughter," defense attorney James Spies replied.
He suggested Aurora Exon's death had something to do with her having received inadequate pediatric care beginning long before she died.
A reasonable pediatrician would have hospitalized Aurora after seeing the extent of her "failure to thrive," but Aurora Exon's did not, Spies said.
Girl's mother living situation wasn't conducive to taking care of her
Lee and Spies made opening arguments late Tuesday morning during the second day of Exon's trial.
Jurors began hearing testimony from witnesses for the prosecution after closing arguments ended about 11:30 a.m. Tuesday.
Exon faces charges of one count each of aggravated child endangerment, first-degree murder in the commission of a felony, reckless but unintentional second-degree murder and failure by a parent to report the death of a child.
Kansas law defines first-degree felony murder as homicide resulting from the commission, attempt to commit or escape from an inherently dangerous felony.
Aurora Exon died as a result of her father's having committed aggravated child endangerment, Lee said.
At the time of her death, James Exon had custody of Aurora Exon and her older brother, 4-year-old Theodore "Teddy" Exon, who was attending preschool at Sheldon Child Development Center Head Start. Teddy Exon survives.
Seonaid Nichols, the mother of Teddy and Aurora Exon, testified at James Exon's preliminary hearing that she had agreed to let James Exon have custody of their two children because her living situation at the time wasn't conducive to her taking care of them.
Five empty liquor bottles were seized from Jeffrey Exon's bedroom
Aurora Exon, 2, was found to be deceased after James Exon on Jan. 5, 2021, called law enforcement officers and rescue workers to their home at 3501 S.W. 10th Ave. Aurora Exon had last been seen alive Dec. 26, 2020, Lee said.
Shawnee County District Coroner Altaf Hossain testified at James Exon's preliminary hearing in June 2021 that Aurora Exon died of malnutrition, which was due to the negligence of her father.
Hossain will testify at James Exon's trial that Aurora Exon died two to five days before police were called to her home, Lee said.
Five empty liquor bottles were seized from James Exon's bedroom at his home, Topeka police Detective Jason Judd testified at Exon's preliminary hearing.
But Spies stressed to jurors Tuesday that during James Exon's trial, they will hear all about the medical care Aurora Exon received during her life.
While James Exon was "not a perfect parent," he "did what any reasonable and loving father would do," including taking Aurora Exon to her scheduled medical appointments that were scheduled to take place when he was caring for her, Spies said.
The one time Aurora Exon missed an appointment, she was nine to 12 months old and lived with her mother, Spies said.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This article originally appeared on Topeka Capital-Journal: Topekan Jeffrey J. Exon did not murder daughter, defense attorney says
