AUBURN – Jeremy Allen does not deny that he swatted his 21-month-old son on the bare buttocks with a wooden spoon.

The 30-year-old Navy journalist claims he was simply disciplining his son by using a reasonable amount of force permitted under Maine’s corporal punishment law.

The state disagrees.

It alleges the spankings, which left bruises on the toddler’s buttocks and upper thigh, went far beyond what is permitted by the law.

The question of whether Allen assaulted his adopted son or legally disciplined him is up to the 14 jurors selected for his case.

Allen, a Navy officer who works in the public affairs office at the Brunswick Naval Air Station, is facing a felony assault charge in connection with bruises found on his son’s backside.

His trial began Tuesday in Androscoggin County Superior Court with opening statements from attorneys for both sides.

Assistant Attorney General Lisa Marchese told the jury that Maine law allows parents to use a reasonable amount of force to control a child’s misconduct. She gave the example of a parent slapping a child’s hand after the child gets too close to a hot stove.

“What could this 30-pound, not quite 3-foot-tall, 21-month-old have done to cause this adult man to take a wooden spoon to his bare buttocks?” Marchese asked.

Allen’s attorney, George Hess, also educated the jurors on the law, explaining that Maine’s standard for corporal punishment allows a parent to leave temporary marks.

“We all know that we as parents have a primary responsibility and right to raise and discipline a child,” Hess said. “Spanking one’s child is an appropriate means of discipline.”

Wooden spoon

A nurse at Maine Medical Center discovered the bruises on Nathaniel Allen in February 2002, after the toddler was rushed to the hospital with a severe head injury.

The boy died as a result of that injury the following day.

Allen’s wife, Sarah, has been charged with manslaughter in connection with the death. The state alleges that on Feb. 14, 2003, after Jeremy Allen left the couple’s home in Lisbon for a business trip to New Hampshire, Sarah Allen shook the boy with enough force to kill him.

“Jeremy Allen is not charged with Nathaniel’s death,” Marchese told the jurors Tuesday. “The bruises, however, were discovered at Maine Medical Center.”

Police and child-abuse experts interviewed both Sarah and Jeremy Allen at the hospital while their son, who they adopted from Guatemala in April 2002, was still on life-support.

Jeremy Allen admitted during the interview that he “swatted” his son with a wooden spoon the night before he left for his trip.

He said he first attempted to get the boy to pick up his toys by talking to him and making him stand in a corner, but nothing worked. So he grabbed the wooden spoon, took off the boy’s diaper and spanked him.

Last resort

Allen told investigators that he had used the spoon in the past, always as a last resort. He said he only spanked the boy two or three times because he had heard that the number of spankings should correspond with the child’s age.

He also said he used a wooden spoon instead of his hand, because he had learned that his son should associate his hands with hugging and caressing.

Dr. Lawrence Ricci, a child abuse expert hired by the state to investigate the case, testified Tuesday that Nathaniel Allen had at least eight spoon-shaped imprints on his backside – six on one side and two on the other.

He also testified that the bruises would have required a considerable amount of force.

Describing the spankings as moderate, Hess warned the jurors that they would see unpleasant photographs taken of the boy’s backside while he was at the hospital.

“Ladies and gentlemen, we will present expert medical testimony showing there is a medical reason for the bruises,” he said. “Please do not make up your mind about this case until you’ve heard from us.”

Allen’s trial will continue Wednesday with more testimony from the state’s witnesses. It is expected to wrap up Thursday. Sarah Allen is scheduled to go to trial next month.