Thursday, February 14, 2008

Manslaughter charge for Angwin mom whose baby died when left in car

Judge overturns previous decision to drop charges

By MARSHA DORGAN
Napa Valley Register

The Angwin mom whose 10-month old daughter died when left in the family car saw a manslaughter charge reinstated Wednesday in connection with the child’s death.

On Wednesday, Napa County Superior Court Judge Diane Price overruled a previous court finding by Judge Stephen Kroyer that insufficient evidence existed to charge Haley Wesley, 27, in her daughter Maddison’s death.

At Wesley’s preliminary hearing in October, Kroyer ruled the baby’s death was an incredible, horrible mistake and Wesley had no criminal intent.

In November, the district attorney’s office filed a motion with the court asking the charge against Wesley be reinstated, claiming Kroyer had erred. After several court continuances, Price granted the prosecution’s request on Wednesday.

If found guilty, Wesley could face a maximum of four years in prison.

On Wednesday, Napa County Deputy District Attorney Michelle Rollins argued Wesley was criminally negligent when she left her baby strapped in her child safety seat in the back seat of the family car on May 18. The child’s lifeless body was discovered by Wesley about six hours later.

Wesley’s attorney, Doug Pharr, adamantly argued that his client had no criminal intent and the death was a “pure accident.”

“She did not know that she left the child in the back seat. How can you prove this person knew what she was doing was dangerous?” Pharr asked. “There is no gross negligence. It requires she knew she left the child in the car.”

Pharr argued that Wesley had no willful intent to harm her daughter.

“What happened to her could have happened to anyone of us. It was a pure accident. She thought she had dropped the child off at day care. She did not realize what she was doing when she left the baby in the car.”

Rollins then countered Pharr’s defense of Wesley.

“Minutes before Ms. Wesley parked her car and got out, leaving the baby in the back seat, her baby was crying. But Mr. Pharr is arguing, ‘Oops, she just forgot.’ She is responsible for the baby. She put the baby in the car seat. All the way while she is driving from Napa to Angwin, she is thinking, ‘I have to drop her off at day care.’ As a parent you have a responsibility, you just can’t forget your child.”

Price said her decision boiled down to the question, “would a reasonable person have known the risk of the act?”

Price admitted the day was not a typical one for Wesley, who had traveled to Napa in the morning, then back to her job in Angwin. “She was driving a different car. It was not her normal routine,” Price said.

“I certainly cannot find any criminal intent on her part. But I do find probable cause a reasonable person would have not forgotten their child was in the back seat,” Price said. “I am not finding Ms. Wesley guilty or not guilty of manslaughter. That will be for a jury to decide.”

As in Wesley’s other court appearances, the courtroom was packed with her supporters.

Her husband sat next to family members, breaking into tears when he heard Price’s ruling. Soft crying could be heard throughout the courtroom.

Wesley and her husband clung to one another as she buried her head on his shirt, weeping.

Wesley is set to be arraigned March 4. She is out of custody on her own recognizance.

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