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A former babysitter has pleaded guilty to manslaughter 40 years after hitting a five-month-old baby numerous times in her care.

Benjamin Dowling died aged 35 in 2019, after a lifetime of severe disabilities caused by a brain haemorrhage he suffered in 1984 at Terry McKirchy’s home in Florida.

Investigators long believed she caused the injury by shaking him, but McKirchy, 62, denied hurting him – until a 2021 autopsy concluded he died from decades-old injuries.

She was accused of first-degree murder that same year, pleading guilty on Wednesday to the lesser charge of manslaughter in a deal struck with prosecutors.

“Benjamin’s presence was a constant source of inspiration,” his younger sister Melissa said.

“He never walked or talked or got the chance to say, ‘I love you’.”

Benjamin Dowling was never able to walk, talk or feed himself after the assault Pic: Broward State Attorney's Office
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Benjamin Dowling was never able to walk, talk or feed himself after the assault Pic: Broward State Attorney’s Office

Parents Rae and Joe Dowling had been married for four years when Benjamin was born on 13 January 1984 and hired McKirchy, then 22, to babysit from her Fort Lauderdale home.

Mrs Dowling told investigators when she picked up Benjamin from McKirchy on 3 July his body was limp and his fists were clenched.

She rushed him to hospital, where doctors concluded he had suffered a brain haemorrhage from severe shaking.

Benjamin Dowling died 35 years after he was injured Pic: Dowling family
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Benjamin Dowling died 35 years after he was injured Pic: Dowling family

McKirchy was arrested within days and pleaded no contest to attempted murder in 1985 – which means she refused to admit guilt but accepted punishment.

That punishment stunned Benjamin’s parents, as McKirchy – who was six months’ pregnant and faced up to 17 years in prison – was sentenced to weekends in jail until giving birth.

She insisted she was innocent, telling reporters at the time her “conscience is clear” and she took the deal to put the case behind her and be with her two other children.

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But a grand jury indicted McKirchy in 2021 and in a letter of apology she admitted she struck baby Benjamin after feeling overwhelmed by taking care of numerous children.

“It was in a state of impulse and anger that I struck Benjamin while he and other children were crying,” she wrote.

“Your life and Benjamin’s life were truly harmed by me and I am truly sorry.”

The New York Times reports she was sentenced to three years in prison on Wednesday, when Benjamin’s parents got to talk about his life in court with her present.

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“Benjamin taught us all many valuable lessons, and everyone who knew Benjamin was better because they did know him,” Mrs Dowling told Circuit Judge George Odom Jr.

A photo montage was also shown of Benjamin, who spent his life in a wheelchair, through the years with his family.

McKirchy, who now lives in Sugar Land, Texas, showed no emotion in court as the pictures showed how Benjamin’s parents and two siblings worked to include him.

“He was so strong,” his mother said. “We thought he would live forever.”

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Pam Bondi: Key proponent of Trump’s false 2020 election claims set to head justice department after Gaetz withdrawal

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Pam Bondi: Key proponent of Trump's false 2020 election claims set to head justice department after Gaetz withdrawal

Donald Trump has pledged for years to surround himself with ultra-loyalists who can mould his government to his vision without barriers. 

That’s precisely why he picked Matt Gaetz. Now he’s out, Pam Bondi is in and she’s equally loyal.

Gaetz was uniquely unpopular on Capitol Hill but ultra-MAGA and ultra-loyal to the president-elect.

He was chosen by the president-elect to do his bidding inside the Justice Department as attorney general.

Critics called his pick “a red alert moment for democracy” and the man a “gonzo agent of chaos” – language that would surely only affirm Trump’s decision in his own proudly disruptive mind.

FILE...Rep. Matt Gaetz, R-Fla., appears before the House Rules Committee at the Capitol in Washington, Friday, Sept. 22, 2023.  (AP Photo/J. Scott Applewhite, File)
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Matt Gaetz has withdrawn despite Trump putting him forward for attorney general. Pic: AP

If it wasn’t for the fact that the president-elect is himself a convicted felon, and a man found liable in a civil court of his own sexual offences, the prospect of Gaetz, with all his baggage, making it through the nomination process would have seemed remote.

But Donald Trump’s return to the White House suggested anything is possible.

And so, beyond his loyalty, Gaetz was Trump’s test for his foot soldiers on Capitol Hill. How loyal were they? Would they wave through anyone he appointed?

It turns out that Gaetz, and the storm around his private life, was too much for a proportion of them.

At least five Senate Republicans were flatly against Matt Gaetz’s confirmation. We understand that they communicated to other senators and those close to Trump that they were unlikely to be swayed.

They included the Republican old guard like Senator Mitch McConnell.

Beyond the hard “no” senators, there were between 20 and 30 other Republicans who were very uncomfortable about having to vote for Gaetz on the Senate floor.

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Trump pick Matt Gaetz withdraws

The key question is whether Gaetz was Trump’s intentional wild card crazy choice that he knew, deep down, would probably never fly.

Was Gaetz the candidate he had accepted would be vetoed by senators – who would then feel compelled to wave the rest of his nominees through?

Will Pete Hegseth’s alleged sexual impropriety concern them as they consider the suitability of the former Fox News host and army major to run the Department of Defence?

What about Tulsi Gabbard, the candidate Russian state TV calls ‘our girl’, and the appropriateness of her running America’s intelligence agencies?

These are all appointments that the politicians on Capitol Hill must consider and confirm in the weeks ahead.

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We don’t yet know who Trump will choose to direct the FBI.

There are some names being floated which will make the establishment of Washington shudder but then that’s precisely why Trump was elected. He is the disrupter. He said so at every rally, on repeat.

He was quick to pivot to another name to replace Gaetz.

Bondi is the former attorney general of Florida. Professionally she is in a different league to Gaetz. She’s been a tough prosecutor, with a no-nonsense reputation.

She is also among the most loyal of loyalists. Her attachment to Trump stretches way back.

Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters
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Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters

I first came across her in Philadelphia in November 2020 when she was among Trump surrogates claiming the election back then had been stolen from them by Joe Biden and the Democrats.

She was a key proponent of the false claims the election had been rigged and Trump was the rightful winner.

The court cases concluding that was all nonsense didn’t seem to convince her.

Now she is poised to head up the Department of Justice as the country’s top law enforcement official.

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Donald Trump on day one: Pace of change ‘like nothing you’ve seen in history’, warns campaign official

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Donald Trump on day one: Pace of change 'like nothing you've seen in history', warns campaign official

Within hours of taking office, president-elect Donald Trump plans to begin rolling out policies including large-scale deportations, according to his transition team.

Sky News partner network NBC News has spoken with more than half a dozen people familiar with the executive orders that his team plans to enact.

One campaign official said changes are expected at a pace that is “like nothing you’ve seen in history”, to signal a dramatic break from President Joe Biden’s administration.

Mr Trump is preparing on day one to overturn specific policies put in place by Mr Biden. Among the measures, reported by sources close to the transition team, are:

• The speedy and large-scale deportations of illegal immigrants

• Ending travel reimbursement for military members seeking abortion care

• Restricting transgender service members’ access to gender-affirming care

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But much of the first day is likely to focus on stopping illegal immigration – the centrepiece of Trump’s candidacy. He is expected to sign up to five executive orders aimed at dealing with that issue alone after he is sworn in on 20 January.

“There will without question be a lot of movement quickly, likely day one, on the immigration front,” a top Trump ally said.

“There will be a push to make a huge early show and assert himself to show his campaign promises were not hollow.”

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Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.

But Mr Trump’s campaign pledges also could be difficult to implement.

Deporting people on the scale he wants will be a logistical challenge that could take years. Questions also remain about promised tax cuts.

Meanwhile, his pledge to end the war between Russia and Ukraine in just 24 hours would be near impossible.

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Even so, advisers based at Mr Trump’s Mar-a-Lago resort or at nearby offices in West Palm Beach, Florida, are reportedly strategising about ending the wars in Ukraine and the Middle East.

Following his decisive victory on 5 November, the president-elect has moved swiftly to build a cabinet and senior White House team.

As of Thursday, he had selected more than 30 people for senior positions in his administration, compared with just three at a similar point in his 2016 transition.

Stephen Moore, a senior economic adviser in Mr Trump’s campaign, told NBC News: “The thing to realise is Trump is no dummy.

“He knows he’s got two to three years at most to get anything done. And then he becomes a lame duck and we start talking about [the presidential election in] 2028.”

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Trump pick Matt Gaetz withdraws from consideration to be US attorney general

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Trump pick Matt Gaetz withdraws from consideration to be US attorney general

Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.

Mr Gaetz, a controversial pick to be the country’s top legal official, said his selection was “unfairly becoming a distraction” to the transition of Mr Trump’s administration into the White House.

The Florida Republican had faced significant scrutiny over a federal investigation into sex trafficking allegations involving a 17-year-old girl.

He said in a post on the X social media platform: “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as attorney general. Trump’s DOJ (Department of Justice) must be in place and ready on Day 1.

“I remain fully committed to seeing that Donald Trump is the most successful president in history. I will forever be honoured that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”

Mr Trump said in a post on his own social media site, Truth Social, that Mr Gaetz had a “wonderful future”.

“I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General,” he wrote.

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“He was doing very well but, at the same time, did not want to be a distraction for the administration, for which he has much respect.”

Mr Gaetz previously faced a nearly three-year Justice Department investigation into sex trafficking allegations involving a 17-year-old girl, which ended in February 2023 without him facing any criminal charges.

He has always denied the allegations.

He has also been under scrutiny by the House Ethics Committee over wider allegations including sexual misconduct, illicit drug use and accepting improper gifts.

The inquiry was dropped on Wednesday 13 November when Mr Gaetz left Congress – the only forum where the committee has jurisdiction.

The Senate ethics committee is deadlocked on whether their report can be released.

Mr Gaetz’s withdrawal is a blow to Mr Trump’s push to install steadfast loyalists in his incoming administration and the first sign that he could face resistance from members of his own party.

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