Attorney George Bertram is not used to taking his cases to the media before he goes into the courtroom. But he will quickly tell you that the child abuse case against a local daycare worker warrants the action.

    Bertram represents Diana Myers, the woman charged with first degree 
criminal abuse, following an incident that local officials allege 
occurred at a Monticello daycare. Since that time, a short 19 second 
video taken at Wendy's Wonderland, where Myers was employed before 
her arrest, has circulated via Facebook, media reports and other 
    According to the citation filed by the sheriff's department, Myers 
allegedly had a two-year-old backed under a table and was shaking a 
doll at the child, while the child was screaming.
    Bertram contends that is not what happened at the daycare that day.
    "We want the media to watch that video, pull it up...It's only 19 
seconds long. If you pull up the video and watch it closely and 
listen closely, two or three things become very obvious," Bertram 
said during an interview last week. "First of all, the child is not 
acting negatively to the doll, the child is not scared of the doll at 
all, and the woman is singing to the child."
    Bertram said that as the video ends, Myers states "well that didn't 
work either."
    "Essentially what you see is someone trying to soothe the child," 
said Bertram. "If a child is crying, you act silly, you sing a song, 
you play with a doll."
    Joseph Hoover, a private investigator in the case, stated that he 
had interviewed numerous witnesses, including other workers at the 
daycare, parents and grandparents. Several have stated the child had 
played with the doll on many occassions.
    Hoover said witnesses told him the doll in the video was the little 
girl's favorite, and after the video was taken, she actually picked 
up the doll.
    In a statement released by Bertram last week, he notes that his 
client has no criminal background whatsoever. "She has extensive 
training in child care and she did nothing improper on the video or 
otherwise regarding the incident on April 19," he stated.
    He continued, "The news media has portrayed Mrs. Myers falsely and 
defamed her perfect reputation based on a completely inadequate 
investigation by local law enforcement officers. As a result, she has 
received numerous death threats, her children have been harassed and 
she has been prevented from worker in child care."
    Bertram said that state officials came to the daycare and did their 
own investigation after the incident.  Bertram stated that they 
performed their inspection and advised that there was nothing to meet 
their criteria to open an investigation.
    Myers is scheduled to be arraigned in Wayne District Court on 
Monday, May 13, and Bertram has asked that the preliminary hearing in 
the case also be held that day.
    Bertram said he wanted to court to carefully view the 19 second 
video as part of his defense case.  Hoover will also testify 
regarding the interviews that he has conducted in regard to the 
    "I am going to ask that all charges be dismissed because there is no probable cause," stated Bertram.

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