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An emotional Megan Boswell re-enters the courtroom after a short recess to review photographs from the crime scene.
Megan Boswell wipes away tears during the in-depth discussion of the photographs to be used in her case at the Sullivan County Justice Center.
Megan Boswell looks toward attorney Brad Sproles shortly after requesting a new lawyer for her case. Judge James Goodwin denied her request.
Dr. Darinka Mileusnic-Polchan testifies about the photographs presented.
FBI Special Agent Brian Fraley speaks during the Megan Boswell hearing about the timeline in which he discovered the remains of Evelyn Boswell.
BLOUNTVILLE, Tenn. – A Sullivan County Criminal Court judge determined during a nearly three-hour hearing Friday what photographs can be used in next year’s murder trial for defendant Megan Boswell.
Judge James F. Goodwin reviewed 15 photographs taken after the body of Boswell’s 15-month-old child Evelyn was discovered in Blountville, Tennessee, in March 2020. He ultimately decided seven of the photos won’t be used in trial.
Two photos in particular Goodwin disallowed due to a potentially prejudicial, emotional effect on jurors.
“I don’t know why, but there’s something about that photo that absolutely bothers me,” Goodwin said about a photo of the remains.
“This photograph is going to be a problem,” Goodwin said of another, a closeup of the child’s face. A 15-minute recess had to be taken so Boswell could see the photos in question. She returned to the courtroom noticeably emotional. While the photos were not displayed in the courtroom, a picture of what the scene was like on the day of the body’s discovery – March 6, 2020 – was painted through testimony.
Tennessee Bureau of Investigation Special Agent Brian Fraley testified Evelyn’s body was found in a trash can inside a playhouse on Boswell’s father’s property. A series of photos was taken to show the next steps of evidence collection.
Boswell stated in February 2020 that Evelyn was deceased due to an accidental rollover while in bed sleeping with her and a past boyfriend, Fraley testified. He also stated Boswell had previously referenced to authorities a trash can, the child’s clothing and the blanket she was found wrapped in.
According to Fraley, the trash can looked out of place, like it had been placed there in recent weeks or months when compared to the other items in the playhouse, which he said looked like it hadn’t been played in for years. Dr. Darinka Miluesnic-Polchan, Knox County’s chief medical examiner, testified as an expert witness in forensic pathology and said she believed Evelyn’s death was caused by asphyxia and was a homicide. The doctor said the body was found upside down and in a contorted position in the trash can with its head wrapped tightly in a blanket as well as aluminum foil.
Miluesnic-Polchan further described Evelyn as having a “severe overextension” of the neck and head, which tilted to touch her upper back. The expert witness described the photographic evidence as “disturbing” but said she felt it was important to show how tightly compressed the face was. No blunt force trauma or soft tissue damaged could be detected due to the decomposing nature of the body, according to Miluesnic-Polchan.
Prior to testimony, Boswell and her attorney Brad Sproles revealed to be in the midst of a falling out.
As Friday’s hearing began, Boswell asked the judge for a new court-appointed counsel due to “differences of opinion” with her attorney regarding how to proceed with the case. Sproles said their relationship has deteriorated to where they could not “effectively prepare” for Friday’s hearing, and that he is unsure if their relationship is repairable before trial.
Goodwin said changing attorneys could delay the trial another year and denied the request. Boswell will be back in court on Dec. 16 when a change of venue motion will be heard that could move the case to another jurisdiction.
Boswell’s trial is slated to begin on Feb. 6, 2023. She faces 19 total charges, to which she has pleaded not guilty, including murder, aggravated child abuse, 11 counts of false reporting, abuse of a corpse and aggravated child neglect.
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An emotional Megan Boswell re-enters the courtroom after a short recess to review photographs from the crime scene.
Megan Boswell wipes away tears during the in-depth discussion of the photographs to be used in her case at the Sullivan County Justice Center.
Megan Boswell looks toward attorney Brad Sproles shortly after requesting a new lawyer for her case. Judge James Goodwin denied her request.
Dr. Darinka Mileusnic-Polchan testifies about the photographs presented.
FBI Special Agent Brian Fraley speaks during the Megan Boswell hearing about the timeline in which he discovered the remains of Evelyn Boswell.
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