STATE OF INDIANA )
)ss INTHE CLINTON CIRCUTT GOURF,_ f= fy
COUNTY OF CLINTON)
STATE OF INDIANA JUL 2.9 2009
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MITCHELL ADAM CLENDENNING CAUSE NUMBER: 12€01-0907-MR- |U&
DOB.
SS.
PATIENCE A. KUHLMAN CAUSE NUMBER: 12C01-0907-MR-
DOB.
SS.
AFFIDAVIT OF PROBABLE CAUSE
Under penalty of perjury, it is affirmed that the following facts are true to the best of my
knowledge and belief:
1. Your affiant is a law enforcement officer and detective with the Frankfort Police
Department,
2. I, Detective Jason Albaugh, responded to the St. Vincent Hospital emergency
department on July 23, 2009. When I arrived, I learned that a child named Keaton
Kuhlman, date of birth December 4, 2006, was brought into the emergency room
around 10:30 am. in critical condition. I observed multiple bruises all over the
young child’s body, head, and face. Keaton was transferred to Riley Hospital due
to the critical nature of her injuries. Keaton was pronounced dead by the doctors
at Riley Hospital on July 23, 2009. An autopsy was performed by forensic
pathologist, Dr. Joy Carter, on July 27, 2009. Dr. Carter determined that the
cause of death was multiple blunt force trauma, consistent with child abuse.
3, I spoke with Patience Kuhiman, the mother of Keaton Kuhlman. Ms. Kuhlman
reported that she resided at 309 E. Morrison Street, Frankfort, Clinton County,
Indiana where these injuries occurred. Patience stated that on the day and evening
of July 22™ through July 23" she and Mitchell Adam Clendenning spent the
evening with Keaton and her five year old son. She stated that they were camping
in two tents in their back yard. Patience further reported that around 10:30 p.m.,
she took her five year old son out to the tents, leaving Keaton in the house in the
care of Clendenning alone. She woke up around 4:00 a.m. as Clendenning came
to bed in her tent. She stated that she got out of bed around 5:45 a.m. and got
ready for work. She checked on the kids and both appeared to be sleeping in their
tent. Ms, Kuhlman informed me that she received a telephone call from
Clendenning around 9:40 a.m. stating that Keaton had fallen down the stairs lastnight and that now Clendenning couldn’t wake her up. Ms. Kuhlman advised that
she left work and drove home to check on her daughter. She stated that Keaton
‘was lying on the sofa and she tried for five minutes to wake her up, but she could
not wake her up. She reported that Keaton was wearing only a pull-up and she
could see several bruises. She stated that she then drove back to work to obtain
her purse and get someone to work for her. friend then brought her back home
and then drove Patience and Keaton to the hospital.
I spoke with Detective Eric Booth of the Frankfort City Police Department and
have reviewed his report. Detective Booth spoke with Mitchell Adam
Clendenning on July 23, 2009. Clendenning stated that he, Patience, Keaton, and
the five year old son were camping in the back yard. He stated that Patience and
the five year old went to bed in the tents around 10:30. He stated that he and
Keaton were left alone in the house together. He stated that around 1:00 or 1:30
am., Keaton said she was thirsty, 50 he told her to go downstairs and get her
sippy cup. Clendenning stated that he then heard her fall down the stairs. He
described hearing her hit each stair on the way down, Clendenning reported that
he picked her up and held her for fifteen to twenty minutes and that she was
crying that her head hurt. He stated that he gave her some Children’s Tylenol and
laid her down on her back in her sleeping bag in her brother’s tent. He stated that
he then bung out until around 3:00 a.m. and went to bed. Clendenning stated that
he woke up around 9:30 am., and Patience had left for work. The five year old
was inside the house, Clendenning stated that he tried to wake Keaton up and she
would not get up. He described taking her pajamas off and tickling her feet to get,
her to wake up. He called Patience at work and told her that Keaton fell down the
stairs last night and that he could not wake her up. Eventually he picked her up
and brought her inside and propped her in a sitting position on the sofe.
Clendenning described Patience coming home, and unsuccessfully attempting to,
wake up Keaton. He further reported that Patience then drove back to work and
he waited on her to get back. She returned with a friend from work and they then
took Keaton to the hospital. Clendenning describes that he started drinking beer
at approximately 2:00 p.m. on July 22, 2009, He stated that he drank consistently
until going to bed. He further stated that he drank two mixed drinks and took a
Valium. He reported that he was intoxicated. Clendenning later told me,
Detective Albaugh, that he had been drinking and had taken two Hydrocodone
pills and two Valium pills, He described himself as extremely intoxicated.
Detective Ward spoke in person with an individual who described walking by the
property after midnight. The individual stated that he and his girlfriend were
going home. He stated that they heard yelling and arguing from the house at 309
E. Morison Street. He further stated that he could see some movement through a
window, and believed the voices to be adult. He stated that he did not know the
residents of the home, but had heard them fighting before,
On July 26, 2009, Veronica Brandonburg, reported to Detective Booth that
Clendenning came into the bar where she Works at approximately 12:30 am. to1:00 a.m. on July 23, 2009. She stated that she was familiar with Clendening
because he came into the bar frequently. She stated that he was acting “messed
up”. Brandonburg stated that Clendening kept repeating that Patience was going
to kill him and stated that he had an accident. Clendenning kept going to the front
door and opening it and then back to the bar. He refused to say what had
happened and after approximately twenty minutes he left. Brandonburg received
a call from Patience the next morning around 10:10 a.m... Patience told her that
Keaton was not breathing, losing color, and not responding. Brandonburg stated
that Patience was at home when she called her.
Shannon Hinojosa brought Keaton and Patience to the emergency room. She
spoke with Detective Booth on July 26, 2009. Shannon described being placed
into the quiet room at the hospital with Patience. She stated that Patience
received a telephone call from Clendenning. Shannon stated that she could hear
Clendenning on the other end and recognized his voice. She stated that
Clendenning didn’t ask about how Keaton was doing. She did hear Clendenning
ask, “What's going on? What did you tell them about me?” Shannon stated that
she also heard him say that they were [I because he had given her beer and
she has alcohol in her system.
I have reviewed medical records from Keaton’s peditrician. ‘The records
document an appointment with Keaton on March 4, 2009. At that time, Keaton
had bruising on her hip, forchead, and extremities. ‘The doctor noted that Ms.
Kuhiman stated Keaton was bruising for two to three months and wanted to know
why. The lab paperwork has hand written notations that there was no medical
reason identified on the lab work for the bruising. Keaton’s pediatrician
confirmed this information with medical staff at__—St
Vincent Hospital. Ms. Kuhlman and Clendenning were questioned about’ this
incident. Ms, Kuhlman stated that she did not know how Keaton had received the
bruising. Clendenning stated that Keaton had fallen down the stairs by tripping
over her blanket. On July 27, 2009, Detective Booth spoke with Scott Kalner.
Mr. Kalner lived in the home with Ms. Kuhlman and the children. He stated that
the first time he was told Keaton fell down the steps, he asked Ms. Kuhlman if she
was going to take Keaton to the doctor. Kalner described Keaton having a busted
lip, her face was entirely black and blue, and there were bruises on her back.
Patience told him no because the doctor would take her away for abuse. Kalner
stated that this fall was approximately two weeks after the March 4, 2009 doctor
visit.
Lhave reviewed medical records from Keaton’s pediatrician that document that
Keaton was seen by her pediatrician on June 24, 2009. At that time, Keaton was
admitted to the hospital and discharged on June 27, 2009. The paperwork shows
that Ms. Kuhlman reported that Keaton was vomiting since June 22, 2009, and
would not play or drink, It further stated that Keaton fell in the bathtub on June
22, 2009, and hit the back of her head, On July 23, 2009, I, Detective Albaugh,10.
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1B.
questioned Ms. Kuhlman about this incident. She stated to me that she was with
Keaton when this took place and that Keaton fell backwards striking her head.
Detective Booth spoke with Clendenning about the incident. He described that
Keaton was in the bathtub and that he was in his room. He further stated that Ms.
Kublman was at work and he was caring for the children. He states that he heard
Keaton fall and went into the bathroom and realized that she had hit her head.
Detective Booth also spoke with Veronica Brandonburg on July 26, 2009. Ms.
Brandenburg stated that Ms. Kuhlman told her that Keaton had fallen in the tub
while she was at work. Patience stated that Clendenning put Keaton in the
bathtub and then went and laid down. Ms. Kuhlman further stated that she
thought Clendenning was MINIM) when this happened. Brandonburg stated
that approximately one week after the conversation, Ms. Kuhlman and
Clendenning came into the bar. Brandonburg stated that she asked Clendenning
how he could put a two year old in the bathtub and leave her there.
Clendenning’s explanation was that she smelled like piss and she needs to leam
not to pee on herself. Brandonburg stated that she found out that Ms. Kuhlman
was still allowing Clendenning to watch the children after this incident and she
asked Ms. Kuhlman how she could let that happen. Brandonburg further stated
that Ms. Kuhlman came into work a few weeks later stating that she was
concemed that Keaton had a'large bruise on her side. Ms. Kuhlman explained to
her that she was concerned that Keaton’s ribs were broken. Brandonburg told her
that she needed to take Keaton to the hospital. Brandonburg stated that she talked
to Ms. Kuhlman a few days later and Ms. Kublman told her that she did take
Keaton to the hospital and that no ribs were broken. Detectives have been unable
to find any medical documentation of such visit.
I, Detective Albaugh, have observed the stairs in the home at 309 E. Morrison
Street. The stairs are fully covered with both carpet and a carpet pad. I also
observed that there was a substance that appears to be vomit in the comer behind
the front door approximately 20” up the wall.
Dr. Kesa, Keaton’s treating physician at St, Vincent Hospital, informed me that
Keaton’s injuries were inconsistent with the history provided by the mother, that
being falling down stairs. Dr. Joy Carter also stated that the injuries were not
sustained by the child falling down stairs.
Detective Booth spoke with Jeff Bailey. Bailey stated that he was at the address
of 309 E. Morrison Strect on the evening of July 22, 2009 at approximately 6:30
pam. for about a half an hour. While visiting, he held Keaton and noticed only a
small dime size bruise on her forchead. He observed no other bruises on her head
or face,
‘Your Affiant believes that the information supplied by Detective Booth and
Detective Ward is reliable and credible because each is an Officer reporting
information developed in the course of his official duties.14. Your Affiant believes that the information provided by Dr. Carter and Dr. Kesa is
credible as the doctors are speaking out of their knowledge and experience in the
course of their duty.
15. Your Affiant believes the lay witnesses to be credible as they appear to have no
personal interest in the outcome of the case.
Your Affiant therefore concludes that there is reasonable and probable cause to believe
that Mitchell Adam Clendenning and Patience A. Kuhlman committed the crimes of
Count 1, Murder, and Count 2, Neglect of a Dependent, a Class A Felony.
Further Your Affiant sayeth not.
__V.Tason Albans orpaloy
Print:(Yason Albaugh
ORDER
Comes now the Court, examines the above Affidavit and finds probable cause for
filing Information for Count 1, Murder; and Count 2, Neglect of a Dependent, a Class A
Felony, with respect to both defendants
As to Patience A. Kuhlman, no bail shall be allowed.
‘As to Mitchell Adam Clendenning, no bail shall be allowed.