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Why Shanda Vander Ark wasn't in the courtroom when jury delivered verdict

Shanda Vander Ark did not appear in court Friday and was not in the courtroom to hear jurors read their findings.

MUSKEGON COUNTY, Mich. — Shanda Vander Ark is guilty of the murder of her 15-year-old son Timothy Ferguson, the jury determined in about an hour of deliberation Friday. 

But she wasn't in the courtroom to hear the jury deliver a guilty verdict for count 1 of open murder and count 2 of child abuse in the death and torture of her 15-year-old son Timothy Ferguson

Her counsel told the judge she declined to come to the courtroom to hear the verdict. 

While uncommon, the judge cited case law and said Vander Ark is not required by law to be present for her verdict. 

"So the court was essentially left with the choice of forcibly compelling her to be here or cause her to....further issues. We have deputies, that if I order them to do that, they would do that, but I don't want to put them in a position of harm if something happens. And I don't think that's appropriate," Judge Matthew Kacel said. 

She will, however, be compelled to attend her sentencing hearing to hear victim statements. 

On Thursday, Vander Ark took the stand and was questioned by the defense and prosecution for over three hours.

During the questioning, Vander Ark claimed that she didn't remember a lot of the details of the days, weeks and months leading up to Timothy's death.

It is alleged that Vander Ark and her other 20-year-old son Paul Ferguson participated in the abuse against Timothy.

Court documents of text messages between Vander Ark and Paul highlight conversations about different forms of punishment used against Timothy including feeding him hot sauce, giving him ice baths and forcing him to stand against the wall for hours.

Vander Ark's attorney tried to present her client as a hardworking and educated mother who was doing her best as a parent but the chief prosecutor continually asked questions about how she would treat Timothy, especially in comparison to her other children. 

Factors that were brought up included security cameras all throughout the house, and locks on the refrigerator and pantry so that Timothy couldn't sneak food despite the fact that he was severely malnourished.

The trial began on Wednesday with Paul taking the stand and fielding questions about the abuse that he allegedly committed against his younger brother. You can read a recap of that day in court here.

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