Go here to read the rest. The Judge thought she was guilty of involuntary manslaughter and that the prosecution failed to prove she intended to harm her two month old child. As a matter of law, I agree with the Judge, but the two month old should have been taken away at birth, as she likely was born with drugs in her system. People who have an optimistic view of humanity should stay away from the law as a career.
Some Black Lives Don’t Matter
- Donald R. McClarey
Donald R. McClarey
Cradle Catholic. Active in the pro-life movement since 1973. Father of three, one in Heaven, and happily married for 43 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.
Seems nobody protected that child it her short life. And even after she died, the justice system still failed her. I pray that mother spends the rest of her living days asking for Gods forgiveness. Gods justice will prevail.
The minute she took the meth, her actions became voluntary. Justice nor the law was in no way served.
That is wrong as a matter of law Don. In a crime that requires specific intent, like murder, voluntary intoxication of voluntary drug use, can lead to a state where the specific intent cannot be formed. The Judge is correct that involuntary manslaughter was the proper charge.
I think in New York that might be called 2d degree manslaughter, which is a class C felony. New York allows wild judicial discretion in sentencing, so that might lead to as little as 1.5 to 4.5 years or as much as 7.5 to 15 years.
I’m not understanding why there was no option to find her guilty of a lesser offense.
A Judge can’t sua sponte add a lesser included offense. One of the parties has to do that. The State prosecuted her on a neglect charge which strikes me as clearly the wrong charge.