
A seven-month-old baby dies while being cared for by a family friend. The question becomes, was this an accident or a crime? And if a crime, who is responsible?
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Amanda Knox
A brutal murder based on the evidence.
Josh Summers
Someone in a pickup truck forced her off the side of the road and then abducted her.
Amanda Knox
And three innocent men convicted for a crime they didn't commit.
Scott Weinberger
Oh, yeah, we also had DNA on our side.
Josh Summers
It didn't matter.
Amanda Knox
I'm Amanda Knox. I know firsthand the devastating impact of being falsely accused. And in season two of three, we dig deep into the murder of Dana Ireland on Hawaii's Big island and. And how this case tore apart three families. The Paulines, the Schweitzers, and the Irelands.
Josh Summers
They took everything. It's not going away.
Anasiga Nicolasi
Never. You got it for the rest of your life. I mean, everything.
Amanda Knox
And we uncover what it took to finally reveal the truth.
Josh Summers
Guilty to proven innocent. Huh?
Amanda Knox
Listen to Three now, wherever you get your podcasts.
Scott Weinberger
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Uzo Aduba
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Scott Weinberger
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Josh Summers
Allow 15 days qualifying unlock device, credit service port in 90 plus days with device and eligible carrier and timely redemption required. Card has no cash access and expires in six months. Perfectly healthy babies don't just suddenly collapse and die. And there's nothing wrong with that child. Something else is going.
Scott Weinberger
Scott. I'm Scott Weinberger, investigative journalist and former deputy sheriff.
Anasiga Nicolasi
I'M Anasiga Nicolasi, former New York City Homicide prosecutor and host of Investigation Discovery's True Conviction.
Scott Weinberger
And this is Anatomy of Murder.
Anasiga Nicolasi
If you've been an AOM listener, you may have noticed that we don't often cover crimes against children. Very often, stories about abuse perpetrated against a defenseless minor are just too hard to digest. Even as a prosecutor, I found that these cases impacted me differently than other cases because you were dealing with the most innocent of the innocent.
Scott Weinberger
As you're well aware of, these crimes do happen way too often than we would like to believe. And the fact that these young victims cannot advocate for themselves is precisely why we thought it might be a good reason for us to highlight some of their cases here.
Anasiga Nicolasi
One such case involving the sudden and unexplained death of a seven month old infant occurred in Fayette County, Texas in July of 2016.
Scott Weinberger
The investigation and resulting trial would confront issues of child abuse, parental responsibility, and most tragically, the murder of an innocent child.
Josh Summers
Of all the cases I prosecute, baby death cases are the ones that affect me the most. I have a two year old, I have a child. And you know, when you look at autopsy photos of an infant, it's just a lot harder than it is to look at autopsy photos of an adult.
Anasiga Nicolasi
That's Josh Summers, an experienced prosecutor at the Texas Attorney General's Office. In his role, Josh is often called in to assist on complex investigations or trials occurring in smaller towns and jurisdictions throughout the state that might benefit or can benefit from the full resources of the Texas Attorney General's office.
Josh Summers
So I always tell people I have the best job in the entire world because I get to travel all over the great state of Texas and prosecute some of the worst offenders. You know, my job is to see that justice is done in these cases.
Scott Weinberger
And when Josh says worst offenders, that would certainly include the rare, but not rare enough instances of child murder.
Josh Summers
When you talk about baby death cases, no one likes to think that an adult, that someone is capable of murdering a baby. But the sad reality of the world we live in, these things happen.
Anasiga Nicolasi
And when they do, it takes a special breed of prosecutor to make sure that young victim and his or her family get the justice and the care that they deserve.
Josh Summers
You know, I always tell people when you talk about being a prosecutor, I tell families and crime victims, I can't change what has happened, but what I can do is make sure that the right thing happens now. So when I step into a case and meet with a family that's lost a loved One, it's really my job to be a strong person and to shepherd them through what may be the darkest time in their lives.
Anasiga Nicolasi
Nicole Lambert was a small town girl who had grown up in rural Texas. And while her life had not turned out quite, quite exactly how she dreamed as a little girl, there was one very bright spot in her life. Her seven month old son, Logan.
Josh Summers
Logan Atkins was a beautiful baby, just a gorgeous little boy, and was just one of those children that, you know, when you see his picture, you could just tell this child was very full of life and full of love.
Scott Weinberger
In 2016, Nicole was a single mom trying to make ends meet. And, and when it came to taking care of Logan, she often relied on the help of friends and family, including her mom who lived in the area and a good friend named Billy Polaschek.
Josh Summers
Billy would regularly spend time with Logan. Billy was someone that Nicole would trust to watch her child. He was almost like a second father to Logan, very much a godfather type figure.
Anasiga Nicolasi
On the night of July 3, fireworks were already starting to pop around Lagrange, a small town on the Columbia river between Houston and San Antonio.
Scott Weinberger
But while most people were preparing to enjoy the fourth of July holiday, Nicole had to do a night shift. So she asked Billy if he wouldn't mind watching Logan for the night.
Josh Summers
That evening, his mother, Nicole brought Logan over to Billy Poloschek's home and she left him alone with Billy that evening.
Anasiga Nicolasi
Nicole returned to Billy's the next morning, tired but anxious about leaving her young son all night. But as she pulled open the door to Billy's home, she was relieved to see that the seven month old Logan was dressed in a onesie, grinning and giggling in bed.
Josh Summers
Billy lived in a trailer home, kind of behind I guess, a regular house you would say. And the three of them were together in the trailer, kind of on and off, you know, Billy was coming and going, but Nicole was spending time with Logan and he was kind of napping and playing with her and that sort of thing.
Scott Weinberger
But Nicole still had errands to run back in town and so she had asked Billy if he could keep watching the boy for a few more hours. Hey, as we all know it, sometimes it takes a village.
Anasiga Nicolasi
Nicole kissed her son and left him playing with one of Billy's guitars.
Josh Summers
She was there for about two hours the morning of July 4th. And by all accounts, according to Billy later, and according to Nicole, Logan was acting normal. He was fine, he was happy, he was healthy.
Scott Weinberger
At about 10 o'clock in the morning, Billy decided to take Logan out and Get a little babysitting assist from his own mother who lived just down the road. And so he put Logan in his truck and drove the short distance to his mom's.
Josh Summers
His mother would later tell police that she didn't see Logan in the back of Billy's vehicle, but she could hear him laughing and giggling and saw Billy turn around to pay attention to the child. And all of this is important because by all accounts, Logan was healthy and acting normally, doing the normal things you would expect a seven month old baby to do.
Anasiga Nicolasi
The short visit to his mother's only lasted a few minutes and by 11, Billy and baby Logan were back on his property. But the bright mood of the day would change in an instant because it is then and there on Billy's property that something terrible would happen.
Josh Summers
Logan had been alone with Billy for approximately half an hour. At 11:05am that morning of July 4, 2016, Billy called Nicole, Logan's mom, and said Logan wasn't breathing, wasn't responding, he was in a panic.
Scott Weinberger
It's a call that every parent dreads, the call from the babysitter telling you that there is something wrong with your child.
Anasiga Nicolasi
As soon as she got that news, Nicole jumped in her car and raced towards Billy's home outside of town.
Josh Summers
About eight minutes later, as Nicole is frantically making her way to Billy's home, she calls 911.
Scott Weinberger
At the very same time, Billy puts Logan's tiny unconscious body back into his truck and speeds off towards town.
Josh Summers
Billy, contemporaneous to her going to his home, is trying to get Logan to a hospital. They pass each other on a highway and eventually it just happened to be that a DPS trooper was in that area, pulls them over for speeding.
Anasiga Nicolasi
And you can imagine why. The officer from the Department of Public Safety saw these two cars speeding down a country road. It looked like they were racing or perhaps one car was a pursuit of the other.
Scott Weinberger
But when the officer approached Billy's truck, he immediately realized that this was no ordinary traffic stop.
Josh Summers
And Billy takes Logan out of his truck, runs frantically over to the state trooper who attempts to resuscitate the child and begins performing CPR on that child.
Anasiga Nicolasi
Within seconds of the stop, the DPS officer found himself attempting life sentence saving measures on a seven month old baby, which as you can imagine is as hard and as traumatic as it sounds.
Josh Summers
The trooper did what he could do given the circumstances. He kept his composure and he did everything you would want a member of law enforcement to do. He took that child and immediately began performing CPR on that child and Continued to do so until EMS arrived on scene.
Scott Weinberger
Logan was eventually rushed to the local hospital, but there was nothing EMS or doctors could do to save him. The seven month old was pronounced dead less than an hour after Billy's call to the child's mother.
Anasiga Nicolasi
Nicole was left with the devastating loss of her son and a host of questions about what happened. Questions that at that point, only her friend Billy could answer.
Josh Summers
First, he is spoken to by a member of the Fayette County Sheriff's Office, and later he's spoken to by a Texas Ranger. And when he's interviewed, he tells law enforcement that he was going to give Logan a bath.
Scott Weinberger
Billy lived in a small mobile home on a property cluttered with old appliances and farm equipment. And next to this mobile home was a small wooden shed that for all intents and purposes, served as Billy's garage.
Anasiga Nicolasi
And according to Billy, on that morning, that shed was also where he intended to give the baby a bath.
Josh Summers
Billy tells the Texas Ranger that he was going to give Logan a bath and that he put Logan in a horse trough that was, I guess, serving as a makeshift bathtub.
Scott Weinberger
This horse trough looked like a large galvanized steel tub or garden container that was about 3ft high and about 4ft long. According to Billy, he placed Logan into the steel tub with just a few inches of water at the bottom. Then he did what every caretaker is told never to do. He walked away.
Josh Summers
He walked about 20ft away to get some tear free shampoo, heard a splash, returned to the horse trough, and saw Logan unresponsive, laying on his side.
Anasiga Nicolasi
Billy told the Texas Ranger that he immediately removed Logan from the tub, checked for a pulse, and even attempted CPR on the unconscious child. Asked why he didn't call 91 1, Billy told the investigator, I was a nervous wreck. My main goal in my head was I'm trying to get this boy to the hospital.
Scott Weinberger
The incident is not unlike so many horrific stories of accidental drownings that can occur in any household with a small child. In fact, the US Consumer Product Safety Commission says that every year, 90 children drown inside the home, and two thirds of those occur in a bathtub.
Anasiga Nicolasi
In baby Logan's case, there was one big problem with Billy's story. According to doctors, Logan didn't drown. In fact, according to his mom and the DPS officer who first performed CPR on the child, there was no evidence that he had been in a bath at all.
Josh Summers
Logan was not dressed, but he was completely dry. His skin was dry, his hair was dry. And so that's kind of out of the gate. Things in Billy's story don't start matching up with the evidence. It didn't make any sense that a perfectly normal, happy, healthy infant would just suddenly collapse in a bathtub and die. That didn't make any sense.
Scott Weinberger
There was, however, visible evidence that the seven month old had suffered a head injury.
Josh Summers
There was bruising kind of throughout or all over his head. So you didn't have one focal point of bruising. You had bruising in different places which would indicate that he was struck several times, which would cut against Billy's story that the child had simply fallen in a bathtub. That didn't make any sense because you wouldn't have multiple impact sites from just one fall.
Anasiga Nicolasi
An autopsy soon revealed the awful truth about the extent of Logan's injuries.
Josh Summers
And in the course of that autopsy, the medical examiner observes contusions to the head, observes that Logan has suffered a skull fracture, and observes hemorrhages to the brain.
Scott Weinberger
In other words, Logan had died not from drowning in the tub, but from blunt force trauma to the head which had caused his tiny skull to fracture and his brain to hemorrhage.
Josh Summers
When you have hemorrhages to the brain in an infant, there are a limited number of mechanisms that can cause those types of things. A fall from a great height, a high speed motor vehicle collision, or what we call inflicted trauma or non accidental trauma, which is simply fancy words for child abuse. And so obviously there was nothing to indicate Logan had fallen from a great height or was in a car crash. And when you start eliminating those other possibilities, you're really left with only one conclusion.
Anasiga Nicolasi
That conclusion was that baby Logan had been struck repeatedly on the head intentionally and fatally.
Josh Summers
It becomes more and more apparent that this, this isn't just a household accident, that this is a homicide.
Scott Weinberger
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Anasiga Nicolasi
34 year old Billy Palacek claimed that young Logan fell down while inside a steel bathtub, resulting in what turned out to be fatal head injuries. But investigators were immediately suspicious.
Josh Summers
Children, you know, they bump their heads, they fall down and that happens. Normally a child, you would expect them to cry for a little bit, but then they're okay. And for injuries like this to be sustained by a child, a certain amount of force is required and the type of force that would result from a bathtub fall. It's just it wouldn't cause the degree, the severity of injuries that Logan had only inflicted. Trauma could do that.
Scott Weinberger
The medical examiner concluded that Logan's injuries were likely the result of a recent and deliberate blunt force trauma, and Texas Rangers were called in to investigate not an accident, but a homicide.
Anasiga Nicolasi
Obviously, the goal was to figure out who was responsible for Logan's injuries and ultimately his death. But that was not going to be as easy as it may sound.
Josh Summers
One of the challenges is determining whether the adult caretaker that was alone with the child inflicted the injuries, or whether or not someone else inflicted those injuries and that child was having what medical professionals might call a lucid interval. In other words, whether the child had been hurt sometime prior to being alone with Billy Poloschek but didn't become symptomatic until he was alone with Billy Plaszek.
Scott Weinberger
Which is why it was crucial to create an accurate timeline of events, including the verified whereabouts of anyone who had access to Logan for the hours leading up to his death. Not just a babysitter. Billy Polascik.
Josh Summers
And so when you talk about the types of injuries that Logan sustained, they could have been inflicted within 24 hours, they could have been inflicted within an hour. And so you've got to look at all of the conduct and behavior and circumstances of other potential suspects. So in this particular case, it was very, very, very important to rule out the possibility that Logan's mom, Nicole, could have done this.
Anasiga Nicolasi
Now, usually on the surface and common sense would dictate that the boy's mother, Nicole Lambert, was an unlikely suspect. According to the DPS officer who first encountered her, she was hysterical when he and EMS attempted to revive the boy.
Scott Weinberger
Now, there was also nothing in Nicole's past that indicated she was an irresponsible or abusive parent. No history of arrests, no calls to child services, nothing.
Josh Summers
When you look at her behavior, this was a loving mother who had cared for her child, who had taken him in regularly to doctor's visits, who was very responsible and caring for this child.
Anasiga Nicolasi
But tragically, in cases of child abuse, appearances can often be deceiving. So it was important to confirm Nicole's timeline for the 24 hours prior to Logan's death. Death before investigators could eliminate her as a suspect.
Josh Summers
And when you construct this timeline, if you will, Nicole was only alone with Logan twice prior to Logan's death. Within that 24 hours beforehand, she was alone with Logan when she took him over to Billy's home the evening of July 3rd. And then she was alone with Logan for periods of time the morning of July 4th. Fourth, when she returned to Billy's to check on Logan and remember.
Scott Weinberger
According to both Nicole and Billy, on the morning of her visit, Logan was happy and healthy, showing no indications that a child was in distress or that he had suffered a recent injury of any kind and a mom would have known.
Josh Summers
But nothing at all indicated that anything was wrong with Logan. In Billy's own statement, he said that Logan was healthy and acting normal when Nicole was there.
Anasiga Nicolasi
Even Billy's mother, who, remember, lived just down the road from her son, confirmed that baby Logan seemed perfectly fine in just the hour prior to Nicole's frantic call to 91 1.
Josh Summers
Moreover, Billy's mother said that although she did not see Logan, she could hear him laughing and giggling in the back of Billy's vehicle. And so that further went to show that this was a normal, happy, healthy baby.
Scott Weinberger
And keep in mind the Severe nature of Logan's injuries. While sometimes a fatal ailment can go undetected and manifest themselves suddenly and fatally, head injuries as severe as Logan's, they would have been nearly impossible for the child to ignore or not show obvious signs of distress.
Josh Summers
And you would not expect a child who had sustained these types of injuries to be laughing, giggling, taking a bottle, acting normally. You would expect the child who had sustained these types of injuries to be in some state of distress, to be unconscious or obviously to have passed away.
Anasiga Nicolasi
And that really left just one conclusion. That Logan's head injuries were sustained sometime after Billy left his mother's house and before he called Nicole to say the boy was not breathing.
Josh Summers
It was important to show that Logan was healthy and acting normal, according to everyone who had been around that child. And in fact, the only time he wasn't acting normal, the only time he wasn't healthy, was when he was in the sole care, custody, and control of Billy Polaschek.
Scott Weinberger
When questioned by investigators, Billy continued to deny he had ever put a hand on the child, intentionally or or otherwise.
Anasiga Nicolasi
He also denied that he had done anything to cover up or obscure the truth of what really happened on the morning of July 4th. But as investigators examined both his home and the shed where he claimed to have been bathing Logan, they began to suspect that he might be lying.
Josh Summers
You kind of had two crime scenes. You had Billy's trailer home, and then secondly, you had this makeshift garage. So this garage had a lot of kind of random things stored in it. There was a refrigerator, There was a jet Ski, and obviously there was this horse trough where Billy claimed he was going to bathe Logan.
Scott Weinberger
As they stepped into a cluttered shed, investigators immediately noticed some things that didn't look quite right. Nothing obvious like a bloody murder weapon or smoking gun, but certain things that awakened the feeling in a cop's gut that something was wrong.
Josh Summers
That trough looked like it had been, like, planted there. Because one of the things that was important, there was a leaf inside of the trough where he was going to bathe Logan. And that leaf matched up with, like, a leaf on a tree outside. So we always thought that that trough had been outside, and he put it back in that he moved it into the detached garage to kind of stage a crime scene, if you will.
Anasiga Nicolasi
And there were some other things about the scene that didn't match Billy's story either.
Josh Summers
According to Billy's story, he had stepped about 20ft away for a minute or two to go get some shampoo to bathe Logan. He heard a thump Splash. And ran over to see what was the matter. Well, what was interesting is there was a bottle of shampoo neatly placed to the left. And I guess two things stood out to us in examining the crime scene photographs are that the location of that bottle is not really where someone would have said it if they were running over to check on a child that they thought had fallen down. But secondly, it was just neatly placed there. And you wouldn't expect a bottle like that to be neatly placed if you think a child is seriously hurt and has fallen down in a bathtub.
Scott Weinberger
To investigators, it felt like someone had hastily staged the scene in the shed to match what Billy had told Nicole and the police and cleaned up any other evidence that may have contradicted it.
Anasiga Nicolasi
But could he really have had the time and opportunity to stage an accident in the brief window he was alone with Logan and before he raced off to meet Nicole at the hospital?
Scott Weinberger
In fact, investigators found it strange that if Billy and Nicole both took off from their respective start locations to meet at the hospital, why was Nicole able to cover nearly five miles in those 13 minutes, while Billy only covered a mile? The only explanation was that Billy did not actually leave immediately after the phone call.
Anasiga Nicolasi
Investigators also thought that the staging and cleanup of potentially incriminating evidence might have occurred after he returned from making his initial statement to the police. Because before Logan's death was suspected to be a homicide, Billy had not been restricted from the shed where he had said the accident took place.
Josh Summers
The fayette county sheriff's office taped off that area using yellow crime scene tape. They told Billy not to go into that area, but it's a smaller jurisdiction. It's a rural county. That area was left unattended.
Scott Weinberger
Thankfully, the initial deputy had taken some photographs, and those photos. Photographs were compared to the photos later taken by homicide investigators.
Josh Summers
One of the things that stood out, though, they took photographs before and after taping off that area. When they returned, and when you compared the photographs, there were things that had been moved around. So it looked like Billy palacek had not only staged the crime scene, but later tampered with that area to further stage it, if you will.
Anasiga Nicolasi
Taking nothing at face value, Investigators moved into Billy's home, the place where he slept, and the last place that Nicole saw her son alive. They were on the hunt for any inconsistencies in his story. What they found was a whole lot more.
Josh Summers
So when they go into the mobile home, that's when the net starts to close in on Billy, if you will. So at this point, the Texas rangers had become involved. And the Texas Ranger assigned to the case got a warrant to go inside of the home. Within that home, there was a mattress and a pillow of importance. Texas Rangers are very experienced law enforcement officers. They are considered the best in the state of Texas. And the Ranger observed what to him, based on all of his training, experience and background as a peace officer, was apparent blood on the mattress and apparent blood on the pillowcase covering the pillow on Billy's bed.
Scott Weinberger
In that mobile home, what appeared to be blood on the same mattress and pillow where baby Logan had slept. Were they just random old stains on a dirty mattress, as Billy would claim, or were they evidence of a murder?
Josh Summers
First, there is an initial process called serology testing. And in serology testing, they're able to do a presumptive test for the presence of blood. And in this situation, they confirmed that what the Ranger saw was in fact, blood.
Anasiga Nicolasi
But whose blood? The answer would be a pivot point in the investigation.
Josh Summers
From there, it is then sent off for DNA testing. And through DNA testing, they are able to establish that the DNA profile from the blood on the mattress and the blood on the pillowcase was consistent with Logan's DNA.
Scott Weinberger
But the scene inside the trailer held other critical clues as well. But these clues were not in the form of the items that were there, but rather things that were not there.
Anasiga Nicolasi
Namely the baby's diaper and the clothes he was wearing before his supp bath.
Josh Summers
Nicole had left Logan wearing a onesie, and that onesie was never found. And so to me, as you start putting these missing things together, it indicated that Billy Palaszik had probably disposed of evidence in some way.
Scott Weinberger
And thanks to Billy's next door neighbor, investigators thought they knew how.
Josh Summers
And one of the important things that happened in this case is after law enforcement had been out there initially, Billy Plaschuk was able to go back home, and a neighbor observed that he was burning trash. Now, in small town Texas and rural Texas, people oftentimes burn trash. That happens regularly. But obviously it's unusual in a situation like this where a baby has just died, and now you have the individual who is caring for that child burning trash. I mean, something like that is going to raise a red flag for anyone.
Anasiga Nicolasi
Like Josh said, this was a rural area, and burning trash was actually a pretty typical way of disposing of garbage. But on this day of all days, it just seemed more than odd. It seemed suspicious.
Josh Summers
Any adult that was alone with a child that died, you wouldn't expect him or her to go about their normal day and just start, you Know, taking the trash out or in this situation, burning trash, you just wouldn't expect that type of behavior.
Scott Weinberger
And I'd go as far to say that this was not just suspicious behavior, it was likely criminal. Especially if there were items in that burn pile that belonged to Logan or were relevant to the investigation.
Josh Summers
And there are a lot of missing things. They never find the onesie that Logan was in, they never find his diaper. And there was a bottle cap found in Billy's trailer home, but they never found the bottle. So we think he burned all this stuff.
Anasiga Nicolasi
Investigators had narrowed the window of time when baby Logan could have been injured to a half hour when he was in contact with Billy Palaszik and Billy Palaszik alone. And now they had evidence that Palaszik had deliberately manipulated the scene.
Josh Summers
We have a baby who's passed away. We have very suspicious behavior after the fact burning trash. We have DNA evidence. These catastrophic injuries, a story that doesn't make sense. And as you start putting all these pieces together, everything ultimately points directly to Billy Plasik.
Scott Weinberger
Plasik was a friend of the child's mother, someone she even described as a godfather type person in his life. And while he did have a history of drug use, this was not a man with a record of violent crime, crime or abuse. And yet the evidence was pointing to the fact that he was somehow responsible for deliberately and brutally taking a seven month old baby's life.
Anasiga Nicolasi
There were no witnesses, no murder weapon, and this being a child victim, there was obviously no motive or underlying conflict that would have escalated into violence. But clearly a brutal, incomparable, reprehensible assault had occurred. The only logical conclusion law enforcement could make was that Billy Polascik had killed Logan Atkins. Now it would be up to prosecutors to prove it.
Josh Summers
No one wants to rush to an arrest. And heaven forbid, one of the worst things that can happen is someone is wrongfully accused. When we indict or charge someone with a crime like this, we want to make sure, sure everyone's been interviewed, all of the medical evidence has been reviewed, all of the forensic testing has been done or been submitted to be tested. You want to make sure everything's been done so that you are confident that you have charged the right suspect and certainly as a prosecutor, that you are prosecuting the individual that committed this crime.
Scott Weinberger
Polascik was arrested and charged with the murder of seven month old Logan Atkins. After his indictment, he was taken to jail where he sat awaiting trial. And during that time, he did not exactly help his case.
Josh Summers
You know, when someone is charged with a crime, the case doesn't automatically go to trial. That person will appear in court for what we call a docket call maybe about once a month or thereabouts. At one of the docket calls in court, Billy Ploschuk, he was in custody and he actually attempted to escape. He broke a window in the courtroom. And the local county attorney and the assistant county attorney were witnesses to this attempted escape.
Anasiga Nicolasi
Whether the escape attempt through the third floor window was a genuine plan or an attempt to end his own life, it certainly demonstrated a certain consciousness of guilt or at least a resignation that he would ultimately be convicted. But in actuality, what it did was cause another long delay in his trial.
Scott Weinberger
Now that the county prosecutors were witnesses to his escape attempt, a change of prosecution was in order, which is how Josh and his trial partner, Andrew Roundtree, got involved in the case. And they would have their work cut out for them because Polascu was still determined to claim he was not responsible.
Josh Summers
For Logan's death for purposes of capital murder. If you intentionally or knowingly caused the death of a child, that is a capital murder. Obviously we have to prove this was not an accident, that it was a criminal act. And when I meet with these families, I always tell them two things. I say, look, be patient with the process. These cases can take a long time. And secondly, trust me to do the right thing, because every decision that I make on a case is geared toward seeing that your loved one receives the justice that he or she deserves.
Anasiga Nicolasi
But to do that, he would have to confront an alternate theory on the murder from the defense, that Logan wasn't injured on Polasczek's watch at all. And whoever was responsible for his death could still be walking free.
Uzo Aduba
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Anasiga Nicolasi
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Scott Weinberger
The trial of the man suspected for killing Logan Atkinson was scheduled to begin nearly four years after the child's death.
Josh Summers
I think our biggest hurdle was, I guess, really two things, being able to put all of this information together in a cohesive way for a jury because it is very complicated. And so I think one of the first challenges we have is helping a jury understand all of this medical evidence, being able to convey to them the timeline and why that's so critical in a case like this.
Anasiga Nicolasi
That medical evidence included the proof that Logan had suffered not one, but multiple head injuries that could only have been caused by deliberate inflicted trauma. In other words, child abuse.
Josh Summers
And I would also say another key challenge we faced is we had to be able to eliminate momentum or proof to the jury that mom didn't do this, that it had to have been Billy Polchek.
Scott Weinberger
What the prosecution did not have to do was prove why Logan was killed or even how, just that Billy Polaschek and Billy Polaszek alone deliberately caused the infant's injuries that resulted in his death.
Josh Summers
Child abuse cases are inherently circumstantial and we can never say exactly how that child was struck. We can never say how many times what type of blunt force instrument was used to cause those injuries. All we're ever really able to say is that this child sustained these blunt force injuries and that these injuries were caused by inflicted or non accidental trauma.
Anasiga Nicolasi
Josh believed that piecing together this circumstantial evidence would tell a horrifying but convincing story.
Josh Summers
What we believe happened to Logan was that at some point that morning, after Billy had taken Logan to his mom's, when he was alone with logan for about 30 minutes or so, for whatever reason, maybe he got upset with the child, maybe he was mad about something else. But for some reason, whatever that may be, Billy did the worst thing anyone can imagine and inflicted blunt force trauma, struck that child repeatedly again and again and again, and caused all Those contusions fractured a skull and caused those injuries to Logan's brain and that the combination of those things obviously led to his death.
Scott Weinberger
So Anasega, I'm not allowing for a moment to suggest that anyone who commits a crime like this to get any sympathy even if they have regret, if in fact all of the evidence bears out. But the legal system, I'm sure you can help with this, Anasega, you can dig into, it does allow some wiggle room when it comes to what a defendant would be charged with. And if the evidence shows that the event wasn't completely pre planned, more of an in the moment decision to harm resulting in death, it does.
Anasiga Nicolasi
But I will say that here, while it's a circumstantial case and there's various possibilities that what happened if at that moment you intend to inflict that injury. And again, like is there any other reasonable explanation if you strike your fist to someone's face or if you use an object on their head at that moment you intend to cause that harm, even if you regret it one second later or once you see that you've caused serious injury like that still is the same charge. But again if he is remorseful, that may well factor in appropriately when it comes to sentencing. But again it's kind of for me this too little, too late. I certainly would always prefer to have a defendant show remorse after what they've done, but it isn't going to change their level of culpability based on the evidence and the facts.
Scott Weinberger
The word regret is interesting. You know, in some cases the evidence in the COVID up is stronger than the evidence in what leads up to the actual crime being committed committed. Because that's when killers panic and sometimes like in this case, they try to undo what they've already done, realizing what.
Anasiga Nicolasi
Just happened and again just kind of circling back to that what happened. You know, just to be clear, like it doesn't need to be Even a minute, 30 seconds, 5 seconds before you commit the act at the moment you are committing the assault, or in this case that he was committing the assault, whether he just lost his temper at that moment, that act is intentional and that has to do with his charges. While a lot wasn't known, Josh has explained like why it wasn't that much to them was clear.
Josh Summers
Billy must have been angry for some reason, whether at Logan or at something else, took that anger out on Logan, caused those catastrophic injuries in that moment of anger and then realized what he had done, tried to cover up the crime scene, called Nicole, tried to take Logan to the hospital. But none of those things excuse his intent or what have you to harm this child. He doesn't get a free pass just because he lost his temper, realized what he had done, and then tried to take the child to the hospital. He's still legally responsible for what he did, for his actions.
Scott Weinberger
The defense continued to claim that Polascu did not cause the baby's injuries.
Anasiga Nicolasi
After conceding that the injuries may not be consistent with the fall in the steel bathtub, Polaszek's defense team proposed an alternate explanation for the child dying on Palaszik's watch, that Logan had somehow sustained his fatal injuries before the baby was in his career.
Josh Summers
So the defense in this case was that Logan had suffered these injuries sometime prior, either through several accidental falls or that his mother, Nicole, had inflicted these injuries.
Scott Weinberger
And it was true that Logan's mom had admitted that Logan had incurred a couple of bumps and bruises around the house. But these incidents were described as minor and not indicative of a pattern of abuse or neglect, and the prosecution put people on the stand to testify to that.
Josh Summers
But it was also important to show that in June, just a month prior to his death, he had been in for a wellness visit. He was a healthy, normal baby, and there were no parental concerns. In other words, there was nothing to indicate that his mother, Nicole, had been neglecting him or abusing him in any way.
Anasiga Nicolasi
But the defense continued to sow doubt about whether a possible accident could have caused an injury that had gone undetected until the child was in Polasczyk's care.
Scott Weinberger
This theoretical delay between a catastrophic injury and showing a reaction like crying or falling unconscious, or in this case, death, is what doctors called a lucid interval.
Josh Summers
In layman's terms, a lucid interval would be where a child suffers catastrophic injuries like the one Logan has, but doesn't present, doesn't become symptomatic until sometime later. And so one of the defensive theories advanced was that these injuries had been inflicted sometime prior to that child being alone with Billy, that he was experiencing a lucid interval. In other words, he was acting normally and then became symptomatic, presented when he was alone with Billy after Nicole had left the morning that he passed away.
Anasiga Nicolasi
The most common instance of one of these lucid intervals would be when an injured person is in shock and might not have noticed the serious injury until later. But doctors for the prosecution testified that there are few, if any, instances of this occurring with a child Logan's age.
Josh Summers
So this is a medical concept. It can happen. But in this case, there was no evidence to indicate that Logan was having a lucid interval, in large part because there was nothing to indicate that Nicole had done anything to hurt this child.
Scott Weinberger
In other words, the best evidence that this was not a lucid interval was that there was no proof that the child had been injured at any time before he was in the care of the man accused of killing him.
Josh Summers
So there were different theories advanced by the defense in this case. One of them that, you know, Logan fell off a counter while his mom was changing his diaper. Another that he hurt himself playing at the swimming pool. But ultimately, there was never really any evidence or testimony to support any of those theories. They were just purely speculation and conjecture.
Anasiga Nicolasi
But these so called theories were mentioned in the defense's opening statement, which meant that they were out there in the jury's mind as a possibility. And sometimes that's all the defense needs to do to inject that fraction of reasonable doubt so that, at least in their minds, may have been addressed.
Josh Summers
That's one of the things that I have to do as a prosecutor, is that, you know, things may be stated in front of a jury, an opening statement were alluded to in questioning by defense counsel, and then it kind of becomes one of my jobs to eliminate those possibilities.
Scott Weinberger
But to disprove these alternate theories, the prosecution would have to rely largely on the testimony of the baby's mother, Nicole.
Anasiga Nicolasi
In essence, the defense's whole case hinged on painting Nicole as a bad or neglectful mother. And as witness, Josh knew she was vulnerable because the fact was that she didn't have means, right? She wasn't well off, to say the least. She was a single mom who was already feeling the pain of beyond even just losing her child. But now the severe guilt of making that fateful and deliberate choice to leave her child with the very person now being charged with being responsible for hurting.
Josh Summers
Him, Nicole Cole, and very credibly so, denied ever witnessing Logan have any type of fall or accident that would have caused the types of injuries that led to his death. So all of these allegations was just conjecture and speculation. There was never anything to support this idea that he had sustained some severe fall from a changing station or playing at the swimming pool. There was nothing ever to support that.
Scott Weinberger
In the end, Nicole proved to be a believable and sympathetic witness.
Josh Summers
Losing a child, any child, but particularly an infant, that is the worst loss that any parent can suffer. And it's something that clearly affected Nicole and clearly stayed with her. You know, one of the things that jurors, juries, do we all get caught up in legal semantics and things like that? But ultimately, what a jury does is they evaluate people's credibility. They get to decide whether they believe all, none, or some of what a witness has to say. And I think in this case that Nicole testified very credibly, and I believe the jury believed everything that she had to say.
Anasiga Nicolasi
Polascik did not testify in his own defense, although the prosecution did use his original recorded statement to the Texas Rangers to expose his pattern of lies and his deliberate efforts to cover up the crime.
Scott Weinberger
There was Logan's blood on his mattress, a witness that saw him burning potential evidence on the day Logan was killed, and the evidence that Polascu had moved evidence and staged the accident in his shed. But ultimately, it was not one piece of evidence that would convince a jury. It was the entire picture.
Josh Summers
I think in a case like this, it's so important not to view any one piece of evidence in isolation. But when you look at the totality of the circumstances, when you look at everything together, not just the injuries, but the DNA evidence, the blood associated with Logan that was inside of Billy's trailer, when you look at the staged crime scene, the crime scene that had also been tampered with, the burning of trash that happened after law enforcement was called out, when you look at all of these surrounding facts and circumstances, in my mind, it unequivocally established that Billy Ploschek murdered Logan Atkins.
Anasiga Nicolasi
In his closing statement, Josh encouraged jurors to use their most valuable tool, their common sense. They did not have to be experts in forensics or crime scenes. They just had to follow the law and use that common sense.
Scott Weinberger
And after deliberating for several hours, they returned a verdict.
Josh Summers
The jury found Billy Ploscheck guilty of murder.
Anasiga Nicolasi
In Texas, they have what's called a bifurcated system, meaning the sentencing following conviction is a separate proceeding. It's a process that does allow the prosecutor to now introduce additional information that could influence the sentence, and that's what happened here.
Josh Summers
One of the really important things that the jury heard about in this case was that at one point, Billy Ploschuk was on bond for this case. And while on bond, he was with his own daughter at a state park in Texas, Bastrop State Park. And the police were called out because Billy was high on synthetic marijuana. And his behavior, his conduct, was captured on video. And it was very shocking, very unsettling. He seems incredibly unwell. He's clearly under the influence of drugs. And as a result of that incident, he was charged with endangering a child. And the jury heard evidence of that, and I think in large part, that aided them in their decision to sentence Billy Ply to life in prison.
Scott Weinberger
For Nicole, her family, and the entire community that had grieved alongside them, it was a righteous and just punishment for the gravest of crimes.
Josh Summers
He is a dangerous, dangerous person with respect to children and should never, ever be around a child again.
Anasiga Nicolasi
In any case where there are accusations of child abuse, parents are often scrutinized, sometimes fairly, sometimes not. And in this case, some uncomfortable truths about Nicole were exposed to the public, some having to do with her past substance abuse, the other having to do with her relationship with Polachek.
Scott Weinberger
To begin with, Nicole admitted that after the trial and the murder of her son, she suffered depression and sunk deeper into addiction, even spending some time in jail herself.
Anasiga Nicolasi
From there, Nicole underwent substance abuse rehabilitation and has remained sober since. She continues to struggle with the scar of losing a child to someone she knew and trusted.
Scott Weinberger
Logan's case has had a profound and lasting effect on the prosecutors as well. To this day, it serves as both a reminder of the cruelty that some people are capable of and the certainty of their mission to achieve justice for the most innocent of victims.
Josh Summers
You know, as a prosecutor, sometimes you see photos that you can't unsee. And to me, you know, the photos I saw in this case of Logan at the medical examiner's office, those are photos that I will never forget, and I will never be able to unsee those. And I can't erase that from my mind. But I can take some degree of comfort in knowing that Billy Plaschik will never be able to hurt another child again.
Scott Weinberger
Anna Sega and I discussed this case long before the decision was made for us to cover it, because we know these stories are difficult on so many levels. Some crimes are so horrific, so unthinkable that people struggle to believe they actually could ever happen, especially when the victims are infants. But silence doesn't erase reality. AOM exists to tell these difficult stories because they do matter. These cases are not just statistics. They represent lost lives, families torn apart, and an unimaginable level of pain. By shining a light on these tragedies, we honor the victims, ensure their stories are not forgotten. It's not just about the crime itself. It's about acknowledging the heartbreak, the fight for answers, and the strength of those left behind. Some stories are hard to hear, but that makes them even more important to tell.
Anasiga Nicolasi
Murder is always the most final of crimes, changing lives forever. A child's murder, a baby's even worse, Logan Atkins should have gone to kindergarten, had play dates, scrapes on his knees and giggled along with his friends. And of course, young adulthood and far beyond. These cases were always the worst for me as a prosecutor and I still feel that way today, just as a person. They are the most difficult types of crimes for me, for both of us to hear or think about. But as we have said from the start, they do happen. Logan lost his life to homicidal violence. He should be remembered and that is why we must talk about them and think about it, albeit so very disturbing to us all. Logan, your mom and family loved you so much and you should have lived a much, much longer life here at aom. This entire AOM community. We all would have loved to hear or see who you would have should have grown up to be. Tune in next week for another new episode of Anatomy of Murder.
Scott Weinberger
Anatomy of Murder is an audio Chuck.
Anasiga Nicolasi
Original, produced and created by Weinberger Media and Frasetti Media.
Scott Weinberger
Ashley Flowers is Executive Producer.
Anasiga Nicolasi
This episode was written and produced by Walker Lamont, researched by Kate Cooper, edited by Ali Sierwa and Phil Jean Grande. So what do you think Chuck? Do you approve?
Scott Weinberger
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Josh Summers
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Scott Weinberger
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Josh Summers
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Anatomy of Murder: The Caretaker (Logan Atkins) – Detailed Summary
In the gripping episode titled "The Caretaker (Logan Atkins)" of Anatomy of Murder, hosts Anna-Sigga Nicolazzi and Scott Weinberger delve into the harrowing case of Logan Atkins, a seven-month-old infant whose untimely death in LaGrange, Texas, unravels a complex web of trust, betrayal, and justice. Released on March 18, 2025, this episode meticulously dissects each layer of the tragedy, offering listeners an insider’s perspective on the investigative process, legal battles, and the emotional toll on the families involved.
The episode begins with a poignant introduction by Amanda Knox and Josh Summers, highlighting the devastating impact of wrongful accusations and setting the tone for the in-depth exploration of Logan Atkins' case.
Notable Quote:
Amanda Knox: "I know firsthand the devastating impact of being falsely accused." ([00:15])
Anna-Sigga Nicolazzi provides a heartfelt introduction to Logan Atkins, painting a vivid picture of his life and the close-knit community he was part of.
Details:
Notable Quote:
Josh Summers: "Logan Atkins was a beautiful baby, just a gorgeous little boy, and was just one of those children that, you know, when you see his picture, you could just tell this child was very full of life and full of love." ([06:21])
The narrative intensifies as the hosts recount the events leading up to the tragedy.
Timeline of Events:
Incident:
Notable Quote:
Josh Summers: "Perfectly healthy babies don't just suddenly collapse and die. And there's nothing wrong with that child. Something else is going." ([02:26])
The hosts dissect the investigation, revealing inconsistencies in Billy Polaszek’s account and the forensic evidence that contradicts his story.
Key Points:
Notable Quotes:
Anna-Sigga Nicolazi: "Logan had been struck repeatedly on the head intentionally and fatally." ([16:20])
Josh Summers: "These things happen." ([05:15])
As the case progresses to court, the episode outlines the strategic approach taken by prosecutors to build a compelling case against Billy Polaszek.
Prosecution Challenges:
Courtroom Dynamics:
Notable Quotes:
Josh Summers: "When you have hemorrhages to the brain in an infant, there are a limited number of mechanisms that can cause those types of things." ([15:13])
Anna-Sigga Nicolazi: "The prosecution's whole case hinged on painting Nicole as a bad or neglectful mother." ([49:18])
After nearly four years, the trial culminates in a verdict that reflects the weight of the evidence presented.
Key Outcomes:
Notable Quotes:
Josh Summers: "In my mind, it unequivocally established that Billy Ploschek murdered Logan Atkins." ([51:20])
Anna-Sigga Nicolazi: "Logan lost his life to homicidal violence. He should be remembered." ([55:14])
The episode concludes by reflecting on the profound impact the case had on those involved and the broader community.
Impact on Families:
Professional Insights:
Host Reflections: Anna-Sigga Nicolazzi and Scott Weinberger emphasize the importance of sharing such difficult stories to honor the victims and support affected families.
Notable Quotes:
Scott Weinberger: "Logan's case has had a profound and lasting effect on the prosecutors as well." ([54:57])
Josh Summers: "He is a dangerous, dangerous person with respect to children and should never, ever be around a child again." ([54:06])
The episode underscores the critical nature of thorough investigations and the relentless pursuit of truth in the face of heartbreaking loss. By highlighting Logan Atkins' story, Anatomy of Murder not only seeks justice for Logan but also aims to shed light on the often-unseen struggles of families and the professionals dedicated to protecting the most innocent.
Final Quote:
Anna-Sigga Nicolazi: "Logan, your mom and family loved you so much and you should have lived a much, much longer life here at AOM." ([57:48])
This episode serves as a poignant reminder of the fragility of life and the paramount importance of vigilance in safeguarding our youngest and most vulnerable members. Through meticulous storytelling and insightful analysis, Anatomy of Murder ensures that Logan Atkins' legacy is both honored and remembered.