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Judge tosses charge against Angwin mom in baby's death
Wednesday, October 17, 2007
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The Angwin mother whose baby died after she forgot the child was strapped in the back seat of the family car will not be held to answer for a felony manslaughter charge.

On Tuesday, Napa County Superior Court Judge Stephen Kroyer ruled Haley Wesley, 27, had no criminal intent in the death of her 10-month-old daughter, Maddison Wesley.
“This is an incredible horrible mistake to make. It’s the biggest mistake I have ever heard of in my life,” Kroyer said. “But what parent has not momentarily lost track of their children?”

Wesley found her daughter dead in her child safety seat in the back seat of her Honda Civic when she returned home from work on May 18. Wesley had forgotten to drop the baby off at day care that morning, and the child had been in the car seat from 9 a.m. until 3 p.m., while her mother went about her daily duties at her job in the public relations department of Pacific Union College in Angwin.
Kroyer pointed out that there was no indication or evidence that Wesley intended to harm her baby. Wesley was charged with the felony count based on a section of the vehicle code that prohibits leaving a child under 6 alone inside a car.

“But in order to violate that code there must be lawful intent,” Kroyer said.
The maximum penalty for felony involuntary manslaughter is four years in state prison.

Napa County Deputy District Attorney Michelle Rollins said the prosecution was not making a case that Wesley intentionally left the baby in the car. “If that was the case we would have charged second-degree murder,” she said.

Rollins argued Wesley knew the baby was in the car seat.

“She is the one who put the baby there and left her. The child relied on her for her care. She had a duty to care for that child and failed to do so,” said Rollins.

Although Kroyer did not find sufficient evidence to hold Wesley to answer to the involuntary manslaughter, the case has been turned back over to the district attorney’s office.

“We will be reviewing the court’s ruling and rationale for that decision in determining whether or not charges are refiled against Ms. Haley. Regardless of the judge’s decision, or our future action in regards to it, this case is a terrible tragedy which could have and should have been avoided,” Napa County District Attorney Gary Lieberstein wrote in an e-mail Tuesday afternoon.

“There are so many preventive measures a parent or caretaker can take to make certain this never happens. For example, putting the baby’s bag or a stuffed animal in the front seat as a reminder that a child is in the back seat. Other measures that could be taken include putting one’s briefcase, laptop and/or lunch in the back seat. I am absolutely certain that Ms. Haley will have to live with what happened the rest of her life and nothing any of us do will change that,” he said.

Packed courtroom

As at Wesley’s arraignment earlier this month, her family and friends packed the courtroom for her preliminary hearing on Tuesday. The crowd was so large that the bailiff had to let members of the public into the hearing in shifts.

A thunder of applause, along with sobbing and shouts of “thank you, judge,” exploded when Kroyer announced his ruling. Wesley collapsed into her husband’s arms as the two buried their heads on each other’s shoulders and wept. Wesley’s husband sat in the front row behind her during the hearing. He, along with his wife, sobbed frequently during the two-hour court proceeding.

Angwin volunteer firefighter Jeffrey Rogers was one of the first medics on scene after Wesley discovered her baby unresponsive in the car seat.

Rogers testified that when he arrived he saw the Honda in the driveway of the defendant’s home on College Avenue in Angwin. He said he went inside the home and found Wesley giving CPR to the baby. Rogers testified the baby was lying on her back on the floor.

“She was very hot. She had red and blue splotches on her body and her hands were clenched tight,” Rogers said.

He said he checked the baby for breathing and a pulse and found neither.

Angwin ambulance crews arrived shortly, and took Maddison to St. Helena Hospital, where she was pronounced dead.

Napa County Sheriff’s Detective Mike Milat, lead investigator on the case, testified he interviewed Wesley at the hospital emergency room that afternoon.

Milat said Wesley was crying and upset and spoke very quietly.

Milat testified Wesley said she and the baby left their Angwin home early and drove to Napa Valley Support Services in Napa, where Wesley used to work. She delivered a CD to the agency and showed off the baby to her former co-workers and clients, Milat said.

“She put the baby in the child safety seat, which faces to the rear, and headed back to work in Angwin,” he said.

Milat testified that Wesley told him Maddison fell asleep on the ride, and the only noise the mother heard from the child was when she was turning off Silverado Trail onto Deer Park Road.

“She said she was thinking she needed to drop Maddison off at day care,” Milat said. However, instead of turning onto Cold Springs Road, where the baby’s day care center is located, Wesley went straight to the parking lot at PUC.

“Did she give you any explanation why Maddison didn’t make it to day care?” Rollins asked.

“She said she had stayed up late the night before ... had a million things going on and has been absent-minded at times, but said there was no reason (the baby didn’t make it to day care,)” Milat testified.

Milat said Wesley parked the Honda with the windows rolled up in the sun in the PUC parking lot about 10 feet from her office around 9 a.m. He estimated temperatures that day were in the high 70s.

She left work about 3:15 p.m. and drove home. It was when she opened the passenger door to remove some items, he said, that she discovered Maddison. “She said she screamed and grabbed Maddison, who was warm and stiff, from the car seat. She went inside and called 911.”

Defense attorney Doug Pharr, who argued Maddison’s death was an “accident, a pure accident,” asked Napa County Sheriff’s Deputy Chris Carlisle, who testified next, if he talked to Wesley’s neighbors.

“What vehicle did they say Mrs. Wesley usually drove to work?” Pharr asked.

“They said she usually drove the red pickup,” Carlisle said.

Pharr also asked Carlisle if he found any evidence during his investigation to suggest Wesley intentionally left the baby in the car.

“No,” Carlisle replied.

Carlisle said as part of his investigation, he searched the Wesley’s’ home.

One of the neighbors described the Wesleys as “good caring parents and said Maddison was their world,” Carlisle said. “Inside the home, I found a refrigerator full of food. There was baby food, crib, changing table, diapers, blankets and lots of family photos of Maddison and her parents. It appeared the baby was well cared for and loved by her parents.”

Forensic pathologist Onogan Ikechi, who performed Maddison’s autopsy, said the cause of death was heat stroke and severe dehydration.

“Otherwise the it appeared the child was healthy, well nourished and well groomed,” Ikechi testified.
36 comment(s)

sammy wrote on Oct 16, 2007 1:53 PM:

" I am relieved for this Mom. I trust Judge Kroyer in his decision. No criminal intent of negligence . end of story. For all the naysayers,... all i can say, is what is a blog with out you. "

napablogger wrote on Oct 16, 2007 2:01 PM:

" I support this decision. We shouldn't punish people for making mistakes, however stupid or thoughtless. This woman is going to have to live with this the rest of her life, which is more punishment than a court could ever mete out. My mother did the same thing to what would have been my older brother, as I was not yet born when this happened. She wasn't watching this toddler as closely as she probably should have been one day, and he got his head caught between the mattress and headboard of the bed and in a few short minutes silently suffocated. She was in the bathroom next to the bedroom brushing her hair and putting on her make up, and had set him down on the bed for a minute while she did that. She was 19 years old. Now at age 77 she still regularly visits his grave and cries. "

sammy wrote on Oct 16, 2007 2:39 PM:

" Wow napablogger,....... my heart truly goes out to your Mama. God Bless her. And God Bless Madison's Mama as well. "

Skip M. wrote on Oct 16, 2007 3:21 PM:

" Thank heaven for some sanity in this terrible chapter of Ms. Wesley’s life. I just prey that this young woman can find peace in her life. She undoubtedly faces lifetime of regret over what has happened. Go in peace. "

Mr. Burns wrote on Oct 16, 2007 3:38 PM:

" I've read this article three times and I'm still confused. If I understand it correctly, the defendant was charged with felony involuntary manslaughter, which by definition assumes no criminal intent. But the judge's stated reason for dropping the felony charge is the lack of criminal intent. From the sound of it, the judge declared the charge itself to be a contradiction in terms. I'd like to see more in-depth reporting on this story since there are some obvious questions being raised. "

Ruff Limblog wrote on Oct 16, 2007 4:20 PM:

" I support the judge's ruling, no one can bring the child back, and this mom does not need the legal system adding to her grief. However, I would like to see baby-monitors built into a fob that could be worn like a necklace or attached to a purse that could use cell-phone technology to help prevent these kinds of grievous events. We already have the technology and use it to assist the elderly to live in their own homes. It's cheap and we could create a non-profit foundation to distribute them to new moms. ~Ruff "

JMB wrote on Oct 16, 2007 4:30 PM:

" God bless the baby and the mother. And the judge for making the correct call. I can only pray that Ms. Wesley will have support and be able to get on with her life. Accidents in life happen. This was the more tragic of most. Who hasn't ever messed up in life in some way? My prayers go out to the family. "

CONCERNEDCITIZEN wrote on Oct 16, 2007 4:43 PM:

" I would like to see this mother actually have to do something for what she did. I am sorry that she will have to deal with it for the rest of her life, but what kind of example does this show to others? Being a mother myself, I would expect to have something legally done if I harmed one of my children. Napablogger, what happened with your mother had totally different circumstances, leaving a child for a few minutes, and leaving a child for several hours, even though she supposedly forgot the child was there, totally unacceptable. How many mothers second guess themselves concerning their children, you don't just forget. "

pepsigirl84 wrote on Oct 16, 2007 4:55 PM:

" This is crazy. This was neglect. How can a mother forget about their baby and leave it in the car for 6 hours! That just baffles me. This mother needs to be drug tested. People like this shouldn't have children. This really saddens me to hear! "

Two Cents wrote on Oct 16, 2007 5:11 PM:

" Wait... let me get this straight.. the case is thrown out because it was unintentional?? I have to agree with Mr Burns. The term "involuntary manslaughter" already implies that it was unintentional. Napa blogger, my heart goes out to your mother. But leaving a child on the bed for a few minutes, she didnt forget about her child. She simply set him there for a little bit while she had to get ready. This is an accident that is understandable. One that I think any parent can see happening. However, completely forgetting that your child is in the backseat, going about your workday without another thought about her, until six hours later finally remembering.. now that is negligence. "

Dwayne wrote on Oct 16, 2007 5:43 PM:

" Ohhh goodie, now I can leave my kid in the car and claim it was an accident, and I'm home free. No "intent", eh? How about running down a kid in a crosswalk in a school zone...It was just an "accident" with no intent. This is really nuts... "

nan03 wrote on Oct 16, 2007 6:55 PM:

" How sad that the judge did this, How can you forget your baby? I just hope she doesn't have any more. A lot of people have a lot of stress ect. on their minds, are we going to forgive them for killing someone? "

yrmom wrote on Oct 16, 2007 7:37 PM:

" Wow I am in complete shock. I know our system is bad (especially when dealing with an innocent child), but you have got to be kidding me. How is it that you can get away with harming your own child? And to Ruff Limbag, if you are a parent and need to wear a monitor around your neck to realize your baby is one foot away from you in your car, youshuld not be able to have children. I hope that everyone who thinks of this as an innocent mistake doesn't have aything "apparently legal" like that happen with their children. That will be a true awakening. Sad thing is it's bad enough one infant was lost........I will pray the woman doesn't try to have another............. "

Kevin wrote on Oct 16, 2007 8:45 PM:

" There are a lot of people in prison who were convicted under this law for DUI accidents that they never "intended" to happen... "

Mr. Burns wrote on Oct 16, 2007 8:48 PM:

" The defendant accidentally left her baby to die in a hot car, yet "Kroyer did not find sufficient evidence to hold Wesley to answer to the involuntary manslaughter (charge) [sic]." Isn't involuntary manslaughter the accidental killing of another? Did the defendant not accidentally kill her baby? I find the judge's reasoning bizarre. "

Two Cents wrote on Oct 16, 2007 10:21 PM:

" I am absolutely amazed at the people who are still writing in "these people are being punished enough by their loss". Are you kidding me? I'm sure that is true for many people who commit crimes, whether intentional or not. Im sure there is remorse, after the fact, when a life has been lost. Why do you people think that should be the end of it? We have laws for a reason. When innocent children who rely on their parents for care are failed and that results in the child's death, consequences are most certainly in order. Yes, consequences, on top of the guilty that they feel (and rightfully so). My stomach was so sickened when I read in the article that little Maddison's body was scorched blue and red blotches and her little hands clenched up tight. I almost wish The Register hadnt printed that because I cant get that image out of my head. Picture that sight people, and imagine that poor baby sweltering in a hot car for 6 hours, her little hands clenched up tight, until she passed away... see if you still think "oh give the mom a break, it was just an accident". Come on, not hardly. "

Sadie wrote on Oct 17, 2007 12:05 AM:

" There is nothing a court could impose on Haley would be worse than what she is going throuh. However, I still feel that she should have community service of some sort. This happens way too often. I don't and never will understand how this happens. It is not a dog... It is a human being!! How can these people forget their child is in the car??? Something should be done. Maybe, there should be some kind of alarm that goes off every few minutes that attaches to the car seat and reminds people. There has to be a way... "

hawkeye wrote on Oct 17, 2007 7:31 AM:

" It makes me sick when I hear people say they shouldn't be held accountable for their actions. Come on people, where do you draw the line? Mistakes can be voluntary as well as involuntary. This was clearly not intentional, but there has to be some accountability. What kind of lawless society do we create by letting people who make mistakes scott-free? Holding someone accountable helps teach that person to be more careful in the future. She should be charged with at least negligence. 6 hours is a very long time to forget about a child. "

Straight Talk wrote on Oct 17, 2007 7:49 AM:

" Ahhh... I knew I could count on Dwayne, Two Cents, pepsigirl84, and CONCERNEDCITIZEN. Thank you for making a terrible situation worse. Please, tell us all, what is the worst possible thing you have done in your lives. Be honest. Let us all have a shot at you. Kicking a mother while she is down over the loss of her daughter surely ranks as pretty cruel - but I'm sure you have done worse than that. C'mon, tell us the most horrible thing you have done. Or, perhaps you have not done your most horrible work yet. The day may come when your names are published, family destroyed, hearts broken and all hope lost. And then, will we hear your same vitriolic attacks? Will you voluntarily go to jail? No, you'll excuse yourselves. Shameless. For Sammy, napablogger, Skip M. I appreciate your comments. No one said what Haley did was right - just not intentional. It was a mistake and as the judge said, we sometimes lose track of our children. I know I do. My favorite blog though is from Ruff Limblog. Way to go! You have a great idea. It may already exist but if not, you will no doubt be a billionaire while saving the lives if children. Now that's a worthy blog. "

spy13 wrote on Oct 17, 2007 7:54 AM:

" I'm so thankful. I couldn't believe they charged her in the first place...For all of you who are curious, read the actual law for Involuntary Manslaughter in California Penal Code Section 192(b) and 195 (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=63244015024+0+0+0&WAISaction=retrieve) . You can't charge somebody with a crime if it isn't fully spelled out in the law, and if you follow the law for what constitutes involuntary manslaughter, she committed no crime...As for leaving your purse or some item near your baby to remind you, that's actually dangerous, too. Although nobody follows this advice, you shouldn't have any loose objects in your car while you drive, as they can become dangerous projectiles if you get into a car accident. I've heard of babies getting concussions from cell phones flying around the car in an accident. My sister's fiance work for Nasa, so I started bugging him to create something to put in the car seat to alert parents. He actually already had created something in school, and in fact Nasa has created things, too. Somebody needs to take this technology they've created and implemented it. Darn, I'm going to be late to work now... "

granny a wrote on Oct 17, 2007 9:33 AM:

" Dwayne, I dont quite understand the ins and outs of the law here but your comment was a tad mean spirited. "

mike wrote on Oct 17, 2007 10:19 AM:

" Let's see if I have this right! She forgot to drop the baby at day care, She for got to pickup the baby at day care. She for got the baby was in the back seat. My heart goes out to the baby. Somehow after all is said and done the judge buy's into this. Incredable. "

vocal-de-local wrote on Oct 17, 2007 10:58 AM:

" Many mothers today do not have the time for their children. These mothers work really hard at their jobs and this can lead to neglect of children in many ways. You can see it on the faces of moms everywhere. Instead of being delighted to interact with their children while they are in a shopping mall for example, they are too exhausted to bond a positive relationship. We live in a mother fatigued world and the situation with the Angwin mother is an extreme example of what can happen. More often it's subtle; for example telling a child to be quiet and quit moving all the time. People too busy for their children should opt to not have them. No law exists which says that you HAVE to bring children into this world. I'm hoping this mother heals from her mistakes but evaluates her readiness to have more children for awhile. She needs to take care of herself first. And even with tragic mistakes, it's ok to move forward in life and dump bad experiences into a place where you never again retrieve them. But we need to make certain that our next foot forward is not an emotional reaction to our first mistake otherwise we carry it even further. "

cutie pie wrote on Oct 17, 2007 11:04 AM:

" What a tragedy for both Mother and Child. The Mother will suffer the rest of her life. I'm thankful for the judges decision. We all make mistakes and need to be forgiven. "

annam1 wrote on Oct 17, 2007 11:14 AM:

" I am disapointed in the napa justice department but it would not be the first time! I personaly was punished for mistakes that I made here in napa and as a result I never get to see my daughter again.I fought the county for 3 long years and did what I was supose to do. I learned the hard way that no matter the intention of an action there are consiquences.Just as there should have been in this case. Yes I feel for the mom in this case, but I feel more for the child. The mother had an attorney and the child was left without a voice. Was C.A.S.A. on vacation? Liveing with our misfortunes in life is a given. This is more than a misfortune, it is a crime.Grief striken mom---Napa Cheryl S. "

biLly wrote on Oct 17, 2007 11:31 AM:

" DO YOU KNOW WHY THEY CALL THEM BABIES????? BECAUSE THEY NEED SOMEONE TO CARE FOR THEM ALL DAY AND ALL NIGHT. THAT POOR CHILD WAS NEGLECTED AND HAD NO ABILITY TO SAVE ITSELF FROM ITS MOTHERS IGNORANCE AND INCAPACITIES "

psychochik wrote on Oct 17, 2007 11:38 AM:

" I'm surprised but not at the same time that this case was dropped. Its sad that more often than not people are not held accountable for their actions. This is a case of plain neglect, no matter how intentional or not. She failed to care for her child that day and now the baby is dead. How can she not at least recieve probation for this ?!?! Ridiculous. "

Mamyt wrote on Oct 17, 2007 12:26 PM:

" There is no possible way for any one except the mother to know if this was intentional or accidental. I think this accidental death should be treated the same as other accidental deaths. If you are day dreaming and speed through a neighborhood and accidentally hit a child what is the legal consequence? I think this should be treated exactly the same way whatever the courts have set as their standard for accidental deaths. I think this mother should be given some punishment if for no other reason than to let others know this is not an option to get rid of an obstacle. If there is no legal recourse what will keep the crazies from saying “If he is going to pay more attention to the baby than me then I will just get rid of the baby, I know I can leave it in the car and no one will be able to prove other wise, and I know I won’t be punished because they don’t punish for that accident”. "

napablogger wrote on Oct 17, 2007 1:05 PM:

" Sammie, thanks for your comments. It is pretty sad for my mother, I was not yet born so it was hard for me to understand when I was a child watching her at that cemetary. Now, of course, I do. I agree that this is a difficult issue, and it does come down to where do you draw the line, but I think there is too much punishment meted out to people who make innocent mistakes. Drinking and driving is totally different, because there is conscious intent. Since this happened, I have also heard stories from other parents who have forgotten a sleeping toddler in the back seat. It just happens sometimes. We are never going to make the world perfectly safe and accident free. Forgiveness is a virtue. There is a whale of a difference between letting off someone who truly did something accidentally and someone who did something intentionally to cause harm. "

spy13 wrote on Oct 17, 2007 1:13 PM:

" Obviously, the judge felt she did not meet the requirements for involuntary manslaughter, or he wouldn't have dismissed it. You can't give somebody probation if you haven't found them guilty of a crime. Think about it. All of you are so quick to make these black and white judgements based on a person you don't even know. If you do some research, you'll find that this tragedy happens often. Too often. In fact, as I was trying to find a case that I'd read in People magazine awhile ago, I found dozens more stories. Another child died two months after this in Concord the same way! Most of the articles cite a change in the caregiver's normal routine for how it happens. Instead of focusing on punishment for these deaths, why not focus on saving the babies from future accidents? That's where you should be focusing your attention, because it's the only thing that is going to stop this from taking another helpless child. Your comments here aren't going to bring this baby back, but maybe your comments elsewhere can help make it so you don't have to read another story like this again. "

Dwayne wrote on Oct 17, 2007 1:57 PM:

" Hey Grannie.... I do know the in's and out's of the law, and negligent homicide is manslaughter. How can my comments make the child worse than dead? Should her punishment be worse than losing a child? If inept parents didn't do such stupid things, the child would be alive today. I bet you'd look at it differentlt if a babysitter did that to your child. You'd be begging the judge for a life sentence. Accountability...Try it sometime. "

Skip M. wrote on Oct 17, 2007 2:44 PM:

" The sad fact is that this is one of those situations where no good conclusion is available. Nothing will bring this baby back. And it is clear from all posts that everyone grieves for the baby, and many feel or the Ms. Wesley. Parenting has never been an easy job. And in many ways it seems to be getting more difficult. At the dawn of humanity, a parent’s worst fear would have been that other animals could eat their child. Then human became “civilized”, and the fear was that marauding barbarians could raid the village and capture or kill one’s children, or perhaps some unknown plague would take them. Now we are so advanced that all eyes of society are on every decision or indiscretion a parent might make. We don’t allow parents to put child safety seats in the front of the car because the child could be injured in a front-end collision. But at least when the baby is in the front seat, that child is ever present to the driver/parent, and less likely to be forgotten in a rush to meet a schedule. Our lives are way too hectic. And as a society we are oh so eager to pounce when an otherwise innocent mistake turns to tragedy. All I can say is hug your children every chance you get. Lt could be the last chance you get. "

Mr. Burns wrote on Oct 17, 2007 2:46 PM:

" The section of Code Kroyer refers to in dropping the charge is presumably this: "195. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent." So apparently the lack of 'lawful intent' is sufficient, while the defendant's demonstrated lack of 'usual and ordinary caution' is to be all but ignored. "

NVR Moderator wrote on Oct 17, 2007 2:51 PM:

" (This comment moved from another article) napagirl1960 on 10/17/2007 04:40:41 said: "another parent off the hook of not taking care of their kid....she should be charged with something. Had the child lived, she would have been. Why not now?? that is just bull...." "

granny a wrote on Oct 18, 2007 8:47 AM:

" Hey Dwayne, I didnt say the mother didnt do anything wrong or that she should not have to pay, I just dont see the point in being so mean. "

gr8wytshark wrote on Oct 18, 2007 9:57 AM:

" Sounds like someone at the DA's office dropped the ball on this one! "

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