Infant's beating leads to 5½ years in prison

After seeing pictures of a premature newborn who almost died from a beating when he was just weeks old, a judge briefly delayed Wednesday's sentencing hearing because she needed time to compose herself.

Anoka County District Judge Ellen Maas said it was the first time she had seen photos of Carter Regnier with his injuries: two skull fractures and slightly older injuries: a broken leg and five broken ribs.

"This is awful," Maas told Andrew L. Cloutier, 22, in court. Cloutier, who sat with his head down for much of the hearing, pleaded guilty in November to first-degree assault of Carter, his girlfriend's baby. He admitted that he "lost it" while watching the child several times while she did temporary nursing jobs in January 2007, when Carter was just weeks old.

In court, Maas dabbed her eyes while listening to the boy's grandmother, whose voice cracked as she talked of the "incomprehensible pain" her grandson has endured. The boy has occasional seizures and is still missing part of his skull, which was removed to let his brain swell without killing him.

Maas had viewed the photos and read the victim impact statements in her chambers before the hearing. She imposed the maximum sentence allowed under state guidelines on Cloutier, who had no history of violent crime. With credit for good behavior and nearly a year served in jail, he will serve a minimum of 5½ years in prison and then be on supervised release for more than 3 years. She also ordered him to pay $2,000 in restitution to cover Carter's expenses submitted so far and to pay future medical expenses for the boy, who has brain damage and needs continuous care.

Cloutier, who is 6 feet tall and weighs 220 pounds, initially claimed that he tripped while carrying Carter and that the 5-pound boy hit his head on the floor. Another time, the unemployed roofer said that Carter's black eye was caused by a falling baby monitor. Doctors found that Carter's nearly fatal injuries couldn't have been caused by the fall described by Cloutier. He later admitted losing his temper because of the baby's constant crying the morning of the assault, when Regnier was training for a new nursing job.

Before being sentenced, Cloutier told Maas: "I can't express how deeply sorry I really am. I express my sorrow for all the suffering I caused to Carter and his family and to my family also. ... I accept what I did was wrong. I believe I deserve to be punished."

Public defender Brad Zunker said in court that Cloutier "simply lost it" when he struck Carter. He said Cloutier had suffered from schizophrenia, bipolar depression and insomnia and had abused his medications before the assault.

Family members noted in letters and statements heard in court that Cloutier could have called relatives or the boy's grandmother, who lived a block away, for help.

Regnier said doctors had told her that Carter would never walk or breathe on his own. But he is breathing independently and can pull himself up on furniture. He has survived five surgeries and doctors hope to reattach a skull piece they removed a year ago to relieve swelling.

Regnier, who also has a 3-year-old son, said she is attending a community college several days a week to earn a degree and become a registered nurse. Carter's father also visits the boy. Asked about how she has coped with Carter's many needs, Regnier said, "I keep it together, and cry at night when no kids are around."

She added that Carter recently said his first word: "Mama."