Alex Trogdon has been incarcerated since 2010 for a crime that never happened

In 2010, Alex Trogdon was convicted of second-degree murder based on alleged bitemark evidence and a diagnosis of shaken baby syndrome connected to the death of his then-girlfriend’s 16 month old child. 

December 2003

In 2003, Alex began dating a woman who had a toddler son and two young daughters.  Within weeks of the toddler’s birth, he needed to be hospitalized for breathing problems after he choked due to congestion draining into his throat and turned blue. Over the next year, his pediatrician and other specialists saw him numerous times for congestion and respiratory symptoms. In addition to prescription medicine, he was prescribed breathing treatments multiple times a day. His pediatrician’s office called him a “frequent flyer” due to the numerous medical issues that needed attention in the first year and a half of his life. In November 2003, the child was hospitalized for several days with RSV, a respiratory virus.

On December 5, 2003, the toddler’s older sisters fell down the stairs inside their home while one was holding him. They fell down four steps and both landed on top of him. His mother took him to the doctor believing he had broken a rib. At the time, a radiologist reviewed the x-rays and concluded he had no acute rib fractures, but there was bruising. After his death, the autopsy revealed his mother was correct and he had in fact broken his rib during the fall.

On Monday, December 15, 2003, after being ill over the weekend, he was again treated for an upper respiratory infection and prescribed an antibiotic. He also had a fever and diarrhea and was kept home from daycare. His mother noticed his symptoms were worsening; he was vomiting and had a suppressed appetite. The next day, his fever had worsened, he was walking off-balance, and he fell asleep while trying to play and eat. His mother went to pick up her daughters from daycare, while Alex watched the child for about 25 minutes. While the mother was gone, Alex noticed that the child’s breathing was irregular and tried to call 911.

When the mother returned home a few minutes later, they rushed to Randolph Hospital. The medical chart indicates Randolph Hospital staff did not observe any signs of abuse or external evidence of trauma, but they did note signs of pneumonia. The child was intubated and was in critical condition when he was air-lifted a few hours later to Brenner Children’s Hospital in Winston-Salem for specialized care.

In Winston-Salem, he was misdiagnosed with broken bones that were later determined not to exist. This misdiagnosis triggered the incorrect assumption that there had been abuse, which was compounded by brain swelling assumed to be indicative of shaken baby syndrome. He passed away the next day. The autopsy determined there were no broken bones but that cause of death was an acute brain injury due to blunt force trauma of the head.

Trials

            In 2006, Alex was tried for murder because he was the person with the child when he fell ill.  “Evidence” of bitemarks and shaken baby syndrome was presented by the State. The defense challenged that evidence through testimony from Alex, as well as a forensic odontologist. Alex denied harming the child and the forensic odontologist testified the marks on the child could not be positively identified as bitemarks as they were too faded and indistinct. The jury was not able to reach a verdict and a mistrial was declared.

In 2010, Alex was tried a second time and the State again claimed that the child’s injuries resulted from the head moving back and forth rapidly and being slammed into some type of object. The State presented the same “evidence” of alleged bitemarks. Although during opening arguments the defense told the jury they would hear from Alex, his counsel did not have him testify. The defense presented no evidence of any kind and Alex was convicted of second-degree murder.

Postconviction

In March 2024, the Center represented Alex during a postconviction hearing where we presented conclusive evidence that the child died from severe, chronic pneumonia. Expert testimony from a forensic neuropathologist, a radiologist, and a biomechanical engineer was presented to the Court. Alex and the Center are waiting and hoping for a positive ruling from the court.

There continues to be a need for convictions based on outdated and debunked “science” to be challenged with current scientific standards.