A jury convicted an unlicensed daycare facility owner in Crystal Lake of causing an 11-month-old baby to stop breathing and breaking his ribs during an attack, which was caught on video taken by a “courageous” child witness.
The Crystal Lake Police Department said in April 2024 that they were notified by the Department of Children and Family Services (DCFS) about an aggravated battery to a child that occurred in the 1400 block of Woodscreek Circle in Crystal Lake.
Crystal Lake Deputy Police Chief Richard Neumann said an investigation was immediately initiated into the offense.
Investigators learned that the offender, identified as Ann Migliorato, 63, was operating an unlicensed childcare facility.
Additional evidence revealed that the offender physically injured a child who was in her care at the facility, Neumann said.
A criminal complaint filed in McHenry County Circuit Court said that Migliorato battered the child, an 11-month-old boy, around 4 p.m. on April 11, 2024.
Migliorato applied pressure to the infant’s chest, causing a rib “or ribs” to be fractured, the complaint said.
A grand jury indictment said the child stopped breathing and went limp when Migliorato forcefully applied pressure to his chest.
The complaint said Migliorato strangled the infant by applying pressure to his neck, causing a lack of oxygen.
McHenry County Assistant State’s Attorney Ashley Romito said a video of the incident was recorded by a 10-year-old, who believed a crime was in progress and used a cell phone to document what she was seeing.
The video showed Migliorato physically abusing and berating the infant victim, Romito said.
She was changing the boy’s diaper in front of several other children at the illegal daycare business that she was running out of her home, Romito said.
Romito said the infant lost consciousness and experienced broken ribs.
Migliorato was charged with aggravated battery to a child causing great bodily harm, a Class X felony, and operating a child care facility without a license, a Class A misdemeanor.
A three-day jury trial began this week and ended with the jury finding Migliorato guilty of all charges following an hour of deliberation on Wednesday.
Prosecutors said during the trial that a “courageous” 10-year-old girl attending the daycare became alarmed by the way Migliorato was handling the 11-month-old during a diaper change.
The child discreetly used a cell phone to record what she was witnessing as she feared the child was being harmed, prosecutors said.
The girl later showed the video to her mother, who contacted DCFS, triggering the investigation that ultimately led to Migliorato’s prosecution.
The video, which was shown to the jury, captured Migliorato forcefully changing the infant’s diaper by using her body weight to push the baby’s legs above his head while restraining him.
The infant could be heard crying before making gurgling and grunting sounds consistent with pressure being applied to his neck or chest.
The baby struggled to free himself as Migliorato was heard saying, “Every day I’m sick of this with you. Now you are going to pee again, no you’re not. No, you’re not. You’re not peeing all over me.”
She continued pinning the infant while telling him, “I told you, I don’t play, dude.”
The infant became increasingly lethargic and his right arm went limp, at which time Migliorato said, “You might want to give your mom a run for the money, and everyone else in town, but not me.”
Medical testimony at trial indicated that the infant suffered a fractured rib during the timeframe depicted in the video. Physicians also determined that he had two additional healing rib fractures consistent with prior abuse.
Neumann said Migliorato, who resides at the residence where the facility was being run, was taken into custody without incident.
She appeared before a judge and was ordered detained pending trial after prosecutors filed a petition to detain, court records show.
Attorney Russell Luchtenburg, who is representing Migliorato, previously filed a motion to suppress evidence, saying that the video should be quashed as evidence at trial.
Luchtenburg argued the video was recorded without Migliorato’s knowledge and obtained through “illegal eavesdropping” in violation of state law.
He argued the video would be “greatly prejudiced” to his client if admitted into evidence.
Romito said in response to the motion that the recording was lawful and admissible.
The prosecutor said Migliorato’s words to a non-verbal infant are not a “private conversation” and the recording falls within the statutory exception for documenting suspected crimes, with the eavesdropping law having no application to the visual portion of the video.
McHenry County Judge Tiffany Davis denied the motion to suppress the video at trial, finding that the video did not meet the “private conversation” definition in the eavesdropping statute.
McHenry County State’s Attorney Randi Freese said after the trial that children “should never have to protect one another” from the very adults entrusted with their care.
“Yet in this case, the courage and quick thinking of one young child to record what was happening helped expose the truth and secure justice for this victim. We hope this verdict sends a clear message that those who abuse children will be held accountable,” Freese said.
Migliorato is set to be sentenced on October 8.