FAIRFIELD, Maine — A 10-year-old girl has been charged with manslaughter in connection with the death of a 3-month-old baby girl last month.
Brooklyn Foss-Greenaway of Clinton died on July 8 while under the care of a baby sitter in Fairfield. Maine State Police declared the death a homicide on Wednesday.
The infant’s mother, Nicole Greenaway, said a toxicology report stated that a medication was found in her infant’s system which was the same as the medication taken by the 10-year-old girl, who is the daughter of the baby sitter.
“She [also] suffocated her by putting her hands over her face,” Greenaway said Thursday night. “There are bruises all over her face.”
The mother of the 10-year-old declined to comment Thursday night, referring inquiries to her attorney, John Martin of Skowhegan. The Bangor Daily News is not naming the mother in order to protect the identity of the juvenile charged with manslaughter. Police have also withheld the girl’s name.
Maine Department of Public Safety spokesman Stephen McCausland would not disclose how the girl caused the baby’s death.
“We’re not discussing her role or getting into any more details on her identity, although we feel she is responsible for the baby’s death,” said McCausland. “Manslaughter was the appropriate charge.”
Martin, the 10-year-old girl’s attorney, was served with a court summons Thursday afternoon, McCausland said in a press release. The girl is scheduled to appear in Skowhegan District Court on Oct. 22.
Martin did not return a phone message left by the Bangor Daily News on Thursday afternoon.
Nicole Greenaway said the 10-year-old is the daughter of a woman she works with at MaineGeneral Medical Center in Waterville. Greenaway said the woman was baby-sitting Brooklyn before she died.
“I’m definitely glad they’re finally doing something,” Greenaway said earlier Thursday in a telephone interview. “I just didn’t know when they were going to do it. [The last couple of days have been] pretty overwhelming.”
Greenaway, who has three other children, ages 2, 15 and 16, said the last two months have been full of “a lot of heartache and a lot of patience.”
The 10-year-old girl is now in custody of the Maine Department of Health and Human Services, McCausland said.
“The decision on charging the girl was made after consulting with the attorney general’s office,” said McCausland. “The state medical examiner’s office continues to work on the case.”
McCausland said the girl is the youngest person in Maine to be charged with manslaughter in at least 25 years.
“I have not done any research farther out than that,” he said.
The death of any child under age 3 automatically triggers an investigation in Maine.
The baby’s parents live in Clinton and had arranged for the child to spend the night at the baby sitter’s Fairfield home, according to The Associated Press.
Emergency officials arrived just six minutes after receiving a call in the early morning hours that the child was unresponsive and not breathing.
Augusta lawyer Walter McKee, who has defended juveniles charged with manslaughter, said such cases can follow two paths. The case can stay in juvenile court or be transferred to Superior Court, where the juvenile would be tried as an adult.
McKee represented Patrick Armstrong, who in 2005, at the age of 14, struck neighbor Marlee Johnston, 14, in the back of the head several times with an aluminum baseball bat in Fayette. Armstrong pleaded guilty to manslaughter in 2006 and was sentenced to 25 years in prison with all but 16 years suspended.
But McKee said he couldn’t fathom how a 10-year-old could be tried as an adult.
“Regardless of what court it goes to, there would be significant issues of whether the child had the brainpower to have the state of mind to commit the crime,” said McKee. “This is a hotly discussed topic now.”
McKee said the brain of a prepubescent child, such a 10-year-old, is far less developed than that of an adult.
“It’s not [an] apples and oranges [comparison],” he said. “It’s apples to carburetors — the furthest away from a fruit you can get.”
McKee said there have been cases in which a juvenile is placed in a juvenile detention facility, such as Mountain View Youth Development Center in Charleston, until the age of 21 and then is transferred to an adult prison.
When yesterday’s article referred to the babysitter, I thought she was at least a teenager. I do not know why anyone would think that a 10 year old, regardless of her apparent maturity, would be an appropriate caretaker of the 3 month old baby. Even if the parents of the 10 year old were home, that child should not have been the caretaker. 10 year olds should not be left on their own, IMHO, much less have charge of such a young child. Most 10 year olds have neither the emotional nor psychological maturity to take care of themselves adequately, much less an infant.
Addendum: I was wrong in indicating the 10 year old was the primary caretaker of the child. It is possible that she was in charge of the child for a brief period of time. That is all that would be necessary for something bad to happen. And something really bad did happen.
I didn’t see that it stated the 10 year old was the babysitter… The 10 year old was prob the daughter of the babysitter present at the time… I hope anyways…
Yes, the 10 year old is the sitters daughter
I hope so too, but in that case, what is up with the adult babysitter that they could not see the potential for problems? Either way, it appears negligent.
erased
Maybe so. But I still would not allow a 10 year old to be in charge of a little baby even for a few minutes. It is not being in the same house together that is the problem, it is having a child being in charge of a younger, more vulnerable child.
Hello Sarah,
From what I read they are charging the 10-year old with the murder of the infant. Very sad in this case but I do agree with Mimi2kool. No 10-year old should be in charge of anyone.
Not charged with “murder”, rather–manslaughter–there’s a HUGE difference.
mother of 10 year old should be charged
Charged with what?
How about being an accessory to manslaughter? If she in fact intentionally left a 10 year old to watch over the baby, then she had a hand in it.
Accomplice liability is an interesting thought, but I don’t think it’s supported with the facts you posited. In order to find a person guilty as an accomplice, there must be evidence that the accomplice acted with a specific criminal intent, “of promoting or facilitating the commission of the crime [in this case the crime of manslaughter] . . .” Title 17-A sec. 57, subsec. 3. Maine Revised Statutes. It would not be sufficient that she intentionally left the 10 year old to watch over the baby. It would require that she did so in order to promote or facilitate the death of the child at the hands of the 10 year old. I just can’t imagine that in this case; if it were so, it would be tantamount to murder.
If you think the mother should be charged with a crime, you would be better to forget about accomplice liability altogether and argue that she should be charged as a principal for manslaughter under the theory that she acted recklessly or with criminal negligence by leaving the infant with a 10 year old who was dangerous, known to be dangerous, and likely to harm or even kill the infant. That would require evidence that the 10 year old was actually dangerous and that her mother knew it.
Of course, I’m really going out on a limb here because we DON’T KNOW THE FACTS. I’m just replying to your comment.
That’s just it, we don’t know the facts. Interesting and thought provoking post though, Thanks for your comments
Of course condolences to the family and friends of the little girl. A tragic loss regardless of the specific circumstances.
Ever heard of Negligent Manslaughter?? That is what the mother should be charged with, as she was the one who was supposed to be watching the baby, her negligence led to the childs death.
Dexter. once again you demonstrate your lack of knowledge and precision in writing about the law. In Maine, there is the crime of manslaughter based on certain conduct described in the manslaughter statute. 17-A Maine Revised Statutes sec. 203. One of those circumstances is criminal negligence, not ordinary negligence, and the crime is called manslaughter, not “Negligent Manslaughter”. Look at the statute.
i agree
I agree. The mom of the baby said on the news told the babysitter not to leave them alone together. But sadly, doesnt that put some of the responsibility on her for leaving her in a place she wasnt comfortable with from the start? There is alot more to this story. So very sad.
manslaughter for the actions of her daughter
No, we don’t have vicarious liability in homicide cases. But you’re getting warm. It would have to be manslaughter for her own actions, as in the hypothetical I posed in the second paragraph of my reply to mainecoast4me. However, this is all speculation at this time because we don’t have enough facts.
Depraved Indifference:
To constitute depraved indifference, the defendant’s conduct must be ‘so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon the person who caused the crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.
Criminal Negligence – (law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences
“Depraved Indifference” and “Criminal Negligence” aren’t crimes in Maine. When I wrote “[c]harged with what?”, I meant crimes.
Negligence
That’s not a crime.
Yes it is, you have obviously never studied law. People get charged with Negligence all the time.
No, people aren’t “charged” with negligence. Negligence isn’t a crime, and charged is a criminal concept. You are confusing civil and criminal law. People get sued for negligence, sued in civil actions for damages.
You’re wrong about me, as well. I went to law school, was admitted to the bar, and practiced law for many years.
Now, why don’t you write a short sentence and tell me about your training and background in the law.
Your responses are very entertaining and educational!! I suspected you were a lawyer from the start (or just a huge Law and Order fan). Thanks
Thanks. I only volunteer it when I’m pushed by a layman who thinks he’s a lawyer.
manslaughter. child neglect of the 10 year old girl
that is neglect from her mother
Manslaughter, big difference.
the 10 year old was not in charge her mother was and they both should be charged. Read the story be for you go off on someone you look stupid .
“The baby’s mother, Nicole Greenaway, says the 10-year-old is the daughter of the babysitter.” from WGME
The babysitter,left the 10yr. old to babysit for awhile.
And it appears that this was an error in judgement. It takes seconds for bad things to happen.
Ya THINK???
Yeah, I do, but apparently the parent of the babysitter did not.
You should wait for the facts before you become judge and jury.
Why? It appears that few others do. These comments boards are a forum for people to discuss what they think and believe. They are not a court of law and are not held to the same standard.
Wish you’d tell that to some others on here! Not just this story
Actually if you READ the B.D.N. policy, the board is NOT a discussion board. It is a place to comment on the story. It specifically states that off subject posts (like yours and mine) will be removed. Of course they probably won’t.
Excuse me, I neglected to add the phrase “about the story” to the part about discussing what we think and believe. Isn’t that what comments are anyway?
What a novel concept for a comment board!
OF COURSE it was an judgement error..a 10 yr old charged w/homicide..” gee.. maybe it was a bad idea to leave the baby with Courtney”..
I don’t know.. but that’s the way I’m leaning.. might have been a bad decision.. (sigh)
Let’s try it again and see if we get the same result.
why the mom shoud be charged with manslaughter
if this is true the parent of the 10 year old should be charged as well….
Were you there? How could you possibly know what this young child’s mother did or did not do when this was happening? Just as possible that the baby was sleeping in another room which is not an unusual occurrence. These articles are not a contest to see who can fill in the blanks most accusingly or gruesomely.
Good come back “fill in the blanks”. I like that.
They are saying she was not the babysitter. A member of the family in the home. Very sad situation. Two families have lost a child.
The article clearly states the 10 year old is the daughter of the babysitter……..
mother should be charged not the 10 year old
Agreed.
No if the 10 year old intentionally killed this baby it is not her mothers fault. Its not like she broke some kids bike and the mother is responsible to get a new one this is a death… which appears to of been intentional. I have a 11 1/2 year old and even at 10 she knew what it was to kill someone. A 10 year old should know better! I also believe that this was in the middle of the night that they found her not breathing so I would be assuming that she was sleeping. I think we need to know a little more about this before you go saying charge the mother.
“if the 10 year old intentionally killed this baby” – what a way to speculate in the most fabulous way. Do you want people to judge you like that? With so little information and so much tragedy?
If I am being charged with manslaughter then people can speculate all they want because I was in the wrong!
Charged =/= guilty. Charges mean nothing until a jury hears ALL the evidence and decide.
Thanks! I didnt know commenting on here ment I was on the jury for the girl! Geesh!
Well, you said if you were charged you were in the wrong. I am just pointing out that from time to time innocent people are charged with crimes they did not commit. I believe our law enforcement agencies do great things EVERY single day but everybody makes mistakes, even if all of the evidence points to a suspect it may be somebody else. That is why we have the court system we have.
So GEESH yourself!
If I was charged with manslaughter I’d.be upset if you were on the jury.
Like how so many people “liked” this comment when if they read the article they would see it says the 10 year old is the daughter of the babysitter. Who in their right mind would hire a 10 year old to watch an infant overnight? I wont let my 11 1/2 year old watch my baby cousin who is 1 1/2 years old unless I am there supervising her. I am soo sorry Nicole Brooklyn was a beautiful baby may she rest in peace.
There are people who would allow this. I am not saying they are in their right mind. And we do not know all the circumstances or even really any of the circumstances. There is some suggestion here that she was left in charge of the baby for a period of time, which or may not be true.
My 12 (almost 13) year old cares for my younger son who is 10 and they are super responsible and I have no quarrells with his caring of his brother. Granted, it is only for an hour or so. It all depends on the individual child and if they are responsible enough to babysit. My older son is going to take a CPR/First Aid class this winter to become certified to watch other children.
Yes Joy but they are not caring for an infant/toddler. Big difference! :)
I disagree that 10 year olds should not even be left on their own. I walked to the Bangor Public Library alone at 6, and walked to school every day without my mother holding my hand. We are taliking fifth grade here. Maybe not baby sitting material (though some are) but you are going overboard saying they should not be left on their own.
I hope there are no 6 year olds walking to the Bangor Library alone these days!!– I can’t imagine that- It certainly must have been a lot different then—-On a different note, this is a terrible sadness for both families.–I can only imagine the heartache.
I saw 2 children looking no older than 7 walking down the street tonight with backpacks on at like 9:30pm… crazy!!
Oh gee, was anyone molesting them? beating them? even following them? Guess that proves my point (above)
The fact that nothing happened to those children does not prove your point because it could just as easily have gone the other way. I’m pretty sure that parents who are truly responsible don’t let their 7 year old kids go out walking the streets at 9:30 at night.
Maybe you need to smarten up a little?? Hopefully you don’t have young children that you let roam around alone! Do you have any idea how many pedophiles live in Bangor? Do you even care? Personally, I can’t see that you proved a point at all, at least one that makes any sense!
Ahh the good old personal attack. Feel better now? I just disagree with you. I’m NOT telling you how to raise your children, suggesting you do not care about them, or belittled you personally.
Yes I let my young children roam. so call the C.P.S. and see if you can find me.
Will you feel even better If something happens to more children so you can feel you made your point?
Your way is not the only way.
You must not live in Bangor
Actually, I live in Lewiston.
…oh gee, and you talk about someone else’s personal attack on you
Please point out the “personal attack” by me, on you, and I will explain or appologize.
I’m not sure how long ago you were 6, but things have changed SIGNIFICANLY since I was 6 (25 years ago). With the crazies, pedophiles, and more exotic drugs, I don’t let my almost 7 year old walk to school alone, and it’s practically across the street!
You think there were no “crazies” “pedophiles” or drugs 25 years ago? 50 years ago? 75 years ago ((when Al Bradly was gunned down in the street?)
I grew up in Boston, and roamed the whole city (including Blue Hill Avenue) and found that some parts were good, and some parts had folks who would steal your bike. Good lessons for my future.
Bangor is a sleepy little tame city, and I would need to see some convincing evidence to believe it has changed “significantly” in the last 25 years.
Yeah; as I thought the F.B.I. crime stats (that I just looked up) list it as one of the safest cities in the Nation.
And some folks are on bath salts and will attack you and eat your face… the times they are a changin’.
As I recall, that was one folk. hardly statistically significant.
I agree with you 100% Children NEED a chance to learn how to be independent. The argument “Things have changed” rings hollow when you realize that this world is the one WE ADULTS are passing on to our children. If you are embarrassed by that fact, then maybe we ought to change it.
In my opinion it is not the children who should be restricted (from going to the library, it should be the folks who present a danger to them.
Yes, children need to learn to be independent, but that doesn’t mean throw them to the wolves either. A 10-year old can handle small spurts of being left alone. That does NOT mean in charge of an infant. A 6-year old has no business running the streets, whether it’s to the library, or not. Age plays a factor, but also the individual’s ability and maturity need to be considered too.
I’m not suggesting people use 10-year-old babysitters, only that this child (if she did it and isn’t a foil for her mother or some other adult) may not be represenative of even a small sliver of peers.
I agree. I have two children that are 8 and 12. Both come home after school to an empty house because their parents have to work. They come in, lock the door, call me and do their homework. Safeguards are in place for them, but they are responsible enough to be left at home for an hour or so until I get home. They also have had the chance to be around an infant for the past year and are very aware that babies need to be dealt with gently and they are not like a doll. My 8 year old knows enough not to try to harm a child and would be devastated if she thought she hurt a baby. So I agree that even young children can be self-sufficient and that the average 10-year-old should know better than to harm an infant. And I too walked to the corner store by myself, rode my bike all over the place and walked to the downtown library while I was still in elementary school. Not sure I would let my children do the same, but if I lived in the same area I did back then, I probably would.
I have a 10 and 12 year old that also come home to an empty house and the do the same as your children. Mine are well behaved and we do have neighbors that are there in case of an emergency. Not all children are brought up like ours – some are sheltered for toolong and do not know how to be independent or responsible at these ages and some are left with absolutly no guidance whatsoever. We do not know the living conditions that this girl was growing up in nor should anyone be passing any judgement before all of the facts are out there.
Both of my children have been around enough infants in their young lives but I’m not sure if I would leave that infant in their care just yet. They don’t have the coping skills that an older teenager or adult would have when it comes to caring for an infant. Another thing that I have seen on these comments is those talking about both mothers’ facebook pages. That should not even be brought up for these commentators to reply about or even check out. I find that distasteful and not appropriate for this forum. Those are private pages and should stay that way. How can any of the commentators on here even have that access to their pages and then turn around and slander the mother of the accused?
It appears the mother of the 10 year old was present and in the home. It looks like the 10 year old has some serious mental health problems and is now in a psychiatric hospital according to the baby’s mother. I bet the 10 year old’s mother never expected something like this would happen unless of course if the 10 year old was known to kill small animals or other really demented behaviors.
Also, Why was the baby sleeping in the 10 year old’s room and not in the bedroom of the mother? When I was a baby, I slept in my mother’s bedroom.
And this baby may have done the same when at her home. Sadly, she wasn’t at her home that night. She may still be alive if she had been home.
Maybe they can try the 10 year old as an adult.
…and what will that accomplish?
Maybe I am incorrect, but I took the suggestion that the child be tried as an adult as an ironic comment, not a serious one. It appears that some DAs want to prove how hard nosed they are by charging juveniles as adults even when it is clearly not the right thing to do. Some of them make their reputations on cases like this one.
Thank you and you are correct. We can’t charge the adults who knew about Carlson for not making a mandated report, but yet we can charge a 10 year old with manslaughter…..makes PERFECT sense.
Diane it’s called sarcasm….
I think we are definitely going to have to wait and see the “history” and the circumstances around the death…. As someone with 20+ years working with children in a number if different capacities, I can not see how a 10 year old could be charged as an adult. Yes, she needs to be held accountable, and maybe even the mom if somehow she should have been able to see there might be a problem. In my mind – there are still a lot of unanswered questions at this point….
You don’t even know the details of the baby’s death. How could you hold a 10 year accountable let alone be charged as an adult?! Wait to pass judgement until you know the full story.
dont know .
What a horrible situation to even imagine…..cannot even begin to make sense of such a tragic ending of life for a three month old infant…..Crazy…..
My heart goes out to both of these families – so sad and tragic. Please people – be kind to this young girl and don’t pass any judgement on her. She is only a child so, please remember this!
certain amount of intelligence in this crime
How so?
about as much as yours
What is the manner of death?
The mom of the deceased infant is now saying that the toxicology report says that there was medication in the infant’s system that was a medication the 10 year-old was taking and that her face was bruised as if she had been suffocated by someone holding their hand over her face.
So freaking sad!!!!!!
unreal,, and why isn’t the actual babysitter charged? this is so sad and so unjust it’s sickening. it’s like a plague with these kids. nice job parenting,,, again!!
Boy how times have changed since I was 10 years old!
What would make a 10 yr old do this? What has this child seen, been thru, were there signs this child might have problems? Just so sad for every one involved.
sibling rivalry maybe . jealousy fear of losing attention from parents for new baby
It wasn’t her mother’s baby. She was babysitting.
Jealousy can still occur, regardless of whose baby it is.
Is it possible that the 10 year old was tring to get the baby out of the crib to hold it and was not really strong enough — she may have dropped the baby on its head?? Poor child. My condolences to both families!!!
You r making accusations once again. I am guessing you are an old lady that has nothing better to do than sit at your computer and judge people. Read the story,it wasn’t a sibling.
Who said she did anything? As usual MSP are keeping it all under wraps so nobody knows what happened to the baby or what they think she did to cause her death.
If you go to the babysitters facebook you can read about her being a prior victim of abuse and her rue past relationship mistakes. if you go to the victims mother’s page you can read what she has to say. if you visit some of the commenters on the mother’s FB you hear them talk about this ten year old threatening others with death and visiting their graves just to make sure they were dead. others comment that the child is/was disturbed. yep a 10 year old is being tried. she likely won’t be going to jail but they’ll man’s sure she gets.help and is supervised until 21 and then they’ll decide from there.
Manslaughter charges are often laid after an accident, which is something this could have been. No circumstances are being disclosed.
I feel badly for the parents of both families. Manslaughter usually has to do with actions a “reasonable person” would know could lead to harm. If the 10 yos parent left her alone with an infant then the parent should be facing charges too although it looks like DHHS may be thinking negligence. I had a new born sister when I ten and I had a twelve year old sibling, and we were not allowed near the baby without adult supervision. A few years later I did babysitter for both infants and toddlers but not if my mother could not quickly come to my aid.
I don’t see any ten year old being able to consider what a reasonable person would do.
this is one of those things you ask “what the hell”
society is going downhill so fast.
holy cr*p that wasn’t what I was expecting.
Meaning?
meaning, I was expecting that the baby sitter was going to end up being charged – not a 10 year old girl.
very sad
The crime stories in Maine get worse each week. It’s hard to see how any sort of order can be kept in the state. The cops have their hands full, and the judges send the drug-fueled creeps back out on the streets with little-to-no punishment. When 10 year-olds kill, the state may be at a tipping point.
as noted below, manslaughter typically means there was a careless act that led to devastating consequences without intent for those consequences to occur. even in a case where something this awful occurs you can not charge a 10 year old for being careless. that’s what children are. 10 year olds can understand cause and effect and that a direct action has the ability to harm someone but it’s much harder…or impossible…for them to rationalize to the extent that something they are doing is so careless that it could lead to a child dying, especially if it’s not something that might harm someone closer to their age or older. until they convince me otherwise by telling us what happened, this seems absolutely absurd to me.
Based on the edited version published here this sounds far more like murder than manslaughter. 10 year olds know not to prevent someone from breathing. this wasn’t a careless act without intent.
Another horror story.
This is absurd. A child that young is not competent. And since no one is saying how the baby died exactly then nobody knows what happened. There was a case of a 13 year old several years ago charged with murder of an older baby and the cops violated every right the kid had. That was in Washington state I believe. They eventually dropped the whole thing but they did file charges first and I think it was murder.
Please do not confuse competent with capable. But this needs to be aired completely in order to understand exactly what happened.
I’m sure this 10 year old will go to some mental health facility and be out in a couple of years.
Let’s hope the child doesn’t go to anything with the word “facility” in it. Just having the child in the custody of MDHS must be traumatizing after being involved with the death of an infant. These families must be dealing with so much pain…heartbreaking.
WTH? Why is a ten year old little kid being charged? Shouldn’t it be the Parent of this kid who is charged instead? If the actions of the 10 year old caused the death of the baby, then it seems to me that neither the baby or the 10 year old had the proper adult supervision that would have kept that poor baby safe. That’s not the kid’s fault. And besides, what kind of sentence do you dole out to a 10 year old killer? 20 years to life at a maximum security Chuck E Cheese?
Please point out to me where it says that anyone left the 10 year old in charge.
Nowhere in my post did I say that the 10 year old was left in charge.
there are some kids that are like little satans. remember the movie omen
Very true……..
This news is so sad. The 10 year old must’ve done something so out of the ordinary for her to be charged. I wish they would release the cause of death.
Welcome to Maine, and all it’s craziness.
It would be nice to hear more of the facts of this case. Manslaughter definitely indicates an accident. I don’t understand why the 10year old is in DHHS custody, to me that’s a red flag as to the home life or the child is a danger to herself.
Have to say times have changed, in 1960 my parents lost a daughter about 3 months old. The baby had been put down for a nap and my dad was mowing the lawn, the other kids outside playing and mother stepped outside to hang a load of laundry. The baby was in her crib safely. My brother went in to check on her and she was on the floor dead. After a police investigation, my parents were notified that one of the neighbor children came in and wanted to hold her and dropped her. No matter how broken-hearted my mother was she refused to let them press charges against that child. She felt, that child had been through enough and had to live the rest of their life knowing they took a baby’s life.
Hopefully, everyone, including authorities, can be understanding to both families and this 10 year old little girl.
What a tragedy for your family and for these families today.
Thank you.
babysitter should have been charged. it was her daughter. she should have been watching the baby allowing this situation to happen
erased
Please hush
There is no way she is responsibile for this.. 10 year olds live in playland. There would have to some type of intent
She is charged with manslaughter, not murder. Manslaughter charges do not necessarily require intent.
This okid has an evil playland. Why is the kid on medication anyway?
This is a sad situation. For both families.
What a sad situation for ALL involved! But people….before you go ASSuming and drawing your own conclusions, realize that we have NO information on what happened or how :) Just sayin!
After running the story about the investigation for 2 days: your similiar stories are lacking and all of a sudden making me wonder why you can’t post the story about the investigation. What gives?
Revised Statutes
§203 PDF
§203Word/RTF
Statute
Search
Ch. 9
Contents
Title 17-A
Contents
List of Titles
Disclaimer
Maine
Law
Revisor’s
Office
Maine Legislature
§202§204
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 9: OFFENSES AGAINST THE PERSON
§203. Manslaughter
1. A person is guilty of manslaughter if that person:
A. Recklessly, or
with criminal negligence, causes the death of another human being. Violation of
this paragraph is a Class A crime; [2001, c. 383, §156 (AFF); 2001, c. 383, §9
(AMD).]
B. Intentionally
or knowingly causes the death of another human being under circumstances that do
not constitute murder because the person causes the death while under the
influence of extreme anger or extreme fear brought about by adequate
provocation. Adequate provocation has the same meaning as in section 201,
subsection 4. The fact that the person causes the death while under the
influence of extreme anger or extreme fear brought about by adequate provocation
constitutes a mitigating circumstance reducing murder to manslaughter and need
not be proved in any prosecution initiated under this subsection. Violation of
this paragraph is a Class A crime; or [2001, c. 383, §156 (AFF); 2001, c. 383, §9
(AMD).]
C. Has direct and
personal management or control of any employment, place of employment or other
employee, and intentionally or knowingly violates any occupational safety or
health standard of this State or the Federal Government, and that violation in
fact causes the death of an employee and that death is a reasonably foreseeable
consequence of the violation. This paragraph does not apply to:
(1) Any person who performs a public function
either on a volunteer basis or for minimal compensation for services rendered;
or
(2) Any public employee responding to or acting
at a life-threatening situation who is forced to make and does make a judgment
reasonably calculated to save the life of a human being.
Violation of this paragraph is a Class C
crime. [2001, c. 383, §156 (AFF); 2001, c. 383, §9 (AMD).]I need more information before I can begin to formulate an opinion.
You did a lot of typing, but you got the right statute. I would have stopped at the end of paragraph 1.A.
copy and paste…..
It seems B is relevant too. However, all the facts have not been revealed. Its difficult to understand how this could happen with a ten year old.
Parents of this 10year old are culpable.
The whole event is ugly.
What parent in their right mind would need or want a babysitter for a 3 month old baby? Is there something so much more important than watching their 3 month old? No way I would even think about trusting anyone else except for a grandparent.
Some people have to go to work to feed their 3 month old.
Can’t one parent stay working and the other stay home? There is such thing as a day and night shift, working weekends while the other has off…They could even split the work day, etc. Also, maybe they should have considered that before having a kid if their living pay check to pay check with no money in the bank.
You must live in a perfect world, EB. No one said they couldn’t afford their child. Maybe dad is sick in the hospital and mom went to go spend some time with him. Frankly, it’s none of our business why or where they went away.
Comment removed, due to it being attached to wrong post!
What is wrong with a little time to themselves???? Think before you open your mouth. Nobody knows exactly what happened. This 10 yr old could have been playing with the baby and dropped her??? I am guessing that that is what happened. I hope her parents are behind her.
They have a kid at home to worry about thats whats wrong. If they just need a little time what is wrong with leaving her at the grandparents or other family?
You’re assuming they had other family close by. What if they didn’t?
True; I never trusted anybody to babysit my kid until he was a few years old.
Society is getting sadder everyday.
you are so right. and just think of this – a nine year old girl in China (the real China), gave birth today. A nine year old girl in Mexico (again, the Country of Mexico), also gave birth to a child a few years ago. Although it was a result of incest, the Catholic Church forbid abortion – the nine year old’s biggest concern was that she only had one doll, and now she would have to share it with her daughter. So……if a 9 or 10 year old girl can be forced to become a Mother, why can’t she babysit? If you think this is a wonderful idea, then vote for the Romney-Ryan ticket…within a year or two, 10 year old girls might be forced to have babies in China, ME and Mexico, ME also. Please don’t even respond to me – just READ the GOP platform. Thank you!
What a sweet Lil’ Angel…Sleep with the Angels Sweetie…My Heart and Prayers go out to the parents of this sweet baby…
wow..so sad no matter how it goes.RIP pretty baby
This is tragic and I just cannot imagine a 10 year old being charged and incarcerated. How will that help the situation. She clearly needs help, but I truly doubt that she realized the ramifications of her actions. That poor baby and her family. I feel for both parties in this very sad saga. Sob.
You are outing a 10 year old child by publicly naming the mother. Wt*?
This article has chosen not to share the mother’s name, but it’s all over other news outlets. I heard it from Ric Tyler on the radio this morning. That being said, if this news outlet has said they are not releasing it, then commenters shouldn’t either.
so so sad for the families. RIP little one
Where was the mother of the 10 year old when all this was going on? Seems if she can’t take care of her own daughter, how can she take care of someone elses’???
I’m wondering if the mother of the 10 year old was actually in the house when this was going on.
Another news article (can’t remember where I read it) said the infant and the child were in the child’s room, and the child’s mother was in another room in the house.
You know, maybe it’s time that the lawmakers of Maine should create a law specifying a minimum legal age for a child to babysit, maybe 15 or 16. I’m sure there are many mothers and adults that would consider having a younger child watch their kids but in reality kids shouldn’t be taking care of kids. I read the story and I know it was the mother of the child who was doing the actual baby sitting but I’m just saying there should be a set minimum age for anyone to babysit another. AND, I’m still wondering exactly where the mother of the 10 year old was when all this was going on.
I was a fantastic babysitter at 11 or 12 years old. I know 40 year olds that I wouldn’t trust to watch my children while I went to the bathroom! I don’t think it has much to do with age.
Wow 10 years old. and to put that child into the correctional system. Talk about vulnerable. The child will only know the life of prison till they are 21. Maybe if she is lucky she might get out around 18 or 19. Yet I highly doubt she will be much use to society. Growing up in a correctional facility does not make for a healthy out look on life.
Sad as this is bad choice on the parents, of baby and the 10 year old! There more people that are negligent than the 10 year old. So does this 10 year old have her own place where are her parents! ?Who leaves an infant over night….. and with a 10 year old! Sorry Mama your responsible too!
The child wasn’t left overnight with a 10 year old. The child was entrusted to the care of the adults. The adults who were babysitting left the child with the 10 year old. You can’t possibly blame the mother for the death of the child. Sick!
you all are missing the bigest thing why was the baby sitters daughter able to get to the medication ???????
Depending on what the girl takes, and how regularly she needs it, it may
be something that she has access to. Heck, my 6-year old brings me her
meds when it’s time to take them. All I have to do is open them for her,
as she can’t quite do that yet.
Just sad, the mother babysitting obviously wasn’t watching EITHER kid if her kid was able to drug and beat the infant on her ‘watch’. That or she watched and did nothing. The Mom also had known issues with her kid or herself – From Huffington Post: The 10-year-old girl was already in the custody of the Maine Department of Health and Human Services when a summons was delivered to her attorney on Thursday, McCausland said.
Is it possible that placing the children in the custody of DHHS
happened right after the baby died, pending the result of the
investigation, rather than the mom having known issues? According to the
baby’s mother, her face was covered in bruises, which to me would be an
indicator that it wasn’t SIDS or an accidental death. Maybe it was
thought an adult in the house had harmed the baby, and the kids were
removed for their safety. Only after an investigation, did their
thoughts on the matter change.
…
…
Rest in peace sweet baby girl.
Yes, sweet little baby girl! :(
For God’s sake, try to use your brain. This isn’t about Republicans, Romney and Ryan, incest, the Catholic Church, impregnators, China, MaineCare or anything else that buzzes around in your head. It’s about a dead infant, a 10 year old girl charged with a crime and caught up in the criminal justice system, and some very unhappy families.
I agree Get off your soapbox Patsy and liz you are WAY off subject!
You are correct that the article is about a dead infant; somehow a 10 year old girl was involved in a care giving role, and the criminal justice system will be involved. It is also about children not having the life skills needed to care for a child. It just happened to coincide with the GOP Convention, and their determination to overturn Roe v. Wade. and outlaw abortions in cases of rape and incest.
Fine, if you want to go that route we could just as well say that it happened to coincide with the presidency of Barack Obama and the Democrats’ determination to sustain Roe v. Wade, to support same sex marriage, and to increase taxes on those with higher incomes.
This is the sadest thing Ive ever herd,the 10 year old should not be taking ALL the blame , she is after all ten
BDN keeps saying the AP said the parents arranged for the overnight babysitter. The father was (and still is) in prison when the baby died.
His FB page says he was going in for 6 months back in Jan. He should be out by now.
he is serving in Bucks Harbor. He was furloughed with an officer to go to the funeral.
So did he get in trouble again? After the infant’s death? This is confusing. How was he out with mom that night but in jail?
that is exactly my question and not just jail, but a state prison
This is the saddest more effed up story I have seen in a long, long time.
Immaturity has nothing to do with it. Even immature 10-year-olds do not poison and suffocate infants. They smile at them, make faces, touch their tiny hands, and are ever so gentle. If that child did kill that baby, there is something seriously wrong with that child, something that goes far beyond “immaturity.”
Normal 10 year old children don’t murder babies. There has to be some developmental problems here. Either way it is way too sad, for both families.
The girl was on an unspecified medication. That is what stuck out to me. Maybe the baby was crying and wouldn’t stop. My first thought. So we medicate the baby, and when that doesn’t help, we try to hold our hand over her mouth. Scary.
they should do a psch evaluation on this kid. i bet this 10 year old some kind of parental abuse
cars burning; babies being killed by preemies…what has this state come to
all i can say is this is just messed up. what is wrong with people . makes me so angry . some people just shouldnt be allowed to have kids.
What a horrifying and heartbreaking story.
I’m surprised by so much rage against the 10-year-old’s mother before any real details are in. How long would the 10-year-old have had to be alone with the baby in order to feed her medicine and hit her (if that’s what happened)? That could be done in two or three minutes.
Do any of us have more than one child? I have two kids, and left them together, unsupervised, for 2 or 3 minutes at a time quite often. Baby asleep in playpen, big girl playing with dolls on the couch, mom checking something in the kitchen and returning.
Before we condemn the babysitter, let’s find out more. I’m ready to hold her responsible, but not yet, not with such a huge lack of evidence that she knew what her daughter was capable of and that she left her alone with the baby anyhow.
Read the morning sentinel theres more details, witnesses, etc. then go to facebook, and see what the 10 yr old has done to others infants…..
Thanks, Lisa–I did that, but since I’m not a ‘friend’ of either woman, Facebook held very little information. The Sentinel did have more details than the BDN, but the story remains (to me) as perplexing as it is horrifying; for example, I see no details of this child having harmed other babies.
On the witnesses facebook page, it says she drugged her 8 month old infant as well as the 3 month old.
In a couple other articles I’ve read, it says that the infant’s mother specifically told the sitter that the 10-year old not be left alone with the infant. Rather than respecting the mother’s wishes, the baby’s portable crib was placed in the 10-year old’s room for the night.
Also, according to another person who lives in the home (same articles), the 10-year old had the infant up in her room for much of the evening, while the actual sitter was downstairs watching TV.
They were alone for more than a few minutes.
And when did the sitter’s boyfriend arrive?
http://www.pressherald.com/news/ten-year-old-charged-in-babys-death_2012-08-31.html
Their impregnators won’t be incarcerated unless some Republican lawmaker declares that the little girl’s rape was “legitimate.” If the family reports the rape and it’s deemed not legitimate, the rapist (now known simply as the baby’s Daddy) will be able to become a permanent part of the girl’s family, sharing custody if he chooses.
Why would a mother entrust her baby to a 10 year old child. Something is not right from this article.
It has been said already the 10 year old was the daughter of the babysitter.
It appears this 10 year old has serious problems….there is still much to learn about this case, but it looks as tho she never should have been alone with the infant ( as she must have been to kill the baby). My condolences to the family of the baby. How tragic.
The babysitter should be charged as well! The mom of the baby told her she didnt want them in the same room alone. And I am wondering why that is. If the mom was worried about them being alone, then why in the world would she leave the child there in the first place?
This is just so terribly sad and Condolences to all the familys.
I wonder why no one has brought up that the 10 year old was on drugs and this is a drug related crime?Because there’s a lot of insensitive uninformed whoppers already said.
This is a terribly sad, not just for the families but for all of Maine.
A tragic story about an obviously disturbed 10 year old and the death of an infant becomes a political platform for the liberals. Are you really that desperate to get your anti-Romney message across?
Thanks BDN. Banned my account for NO REASON!!!!!!!!!!!!CAUSE OF DEATH WAS ALREADY IN THE NEWS!! Upset cause you didnt know the news– although channel 13 had it the previous night???
this is from the Ap article Greenaway said that the 10-year-old had changed her baby’s diaper in the past, but that she had told the sitter an adult needed to be present at all times, If this is true why leave the child at the home?
I think the parents should be held accountable of the 10 year old’s actions.. It was learned somewhere a normal 10 year old does not come up with this alone.. Besides what is she doing taking her meds alone. I don’t know maybe I read way to far into this. I have a 2 year old 8, 10 and 12 year old I couldn’t even see my 12 yr old son beginning to entertain the thought even when he is mad at his sisters
this is so horribly sad for all involved
Poor little baby!
What kind of “responsible” parent would leave a
baby with a child of 10 years?
Further, what kind of “responsible” law enforcement agency charges a
little 10 year old girl with a crime of this magnitude!
There seems to be enough “IR-RESPONSIBILTY” to go around in
this tragedy.
I pray this child gets a better chance in Heaven!
So, you prefer that law enforcement just let it go? So, that this 10 year old turns into an adult that then kills more methodically?
You need to Grow-Up. Where is there a 10 year old who is adult mature? Are you looking for a “Witch” hunt.
Back Off Honey!
This is such a tragedy. It breaks my heart.I feel such sadness for the families,and the baby who will never grow up.I also feel sorrow for the little girl charged with the death.Her life will always be marked by this.
From what I’ve been reading, some things about this story point to a lot of irresponsibility on the part of the adults involved. I’ve read that the mother gave instructions to the adult babysitter not to leave her baby alone with the sister’s 10 year old daughter and that an adult was to be with the baby at all times. I guarantee you that if I had concerns that my baby would not be safe with any member of a household, I would not leave my baby with them. Secondly, I have a 10 year old child, and I have kept a friend’s baby, overnight, since she was 4 months old. Never one time did that baby sleep in the same room with my 10 year old. I kept the baby in my room. When she was up during the night for feedings, I was the one to get up and tend to her, not my 10 year old. I also know without a doubt that if I were this 10 year old’s mother, I would take all the blame for not doing enough to keep that baby safe, and I would beg the authorities to let my child go, get the help she will need to live a normal life a 10 year old deserves, and put me behind bars so my child would have a chance at life. We are older parents, and the amount of irresponsibility and self-absorbed behavior we’ve seen in younger parents makes you wonder how these kids survive. Some don’t. Very sad indeed.
I would think that if I knew my friend had a child with behavior problems so problematic that I insisted that she not be left alone with my babies (mom left not 1 but both her babies there that night) I would find a safer envirorment for them to sleep! Just saying, a 3mth old requires alot of care that a parent should provide. Tragic circumstances for all involved, but this baby was failed by both families!
Think 10 year old is not capable of murder? Think twice… Remember Jamie Bulger from Liverpool UK.
His killers were only 10 years old
http://en.wikipedia.org/wiki/Murder_of_James_Bulger
http://www.murderuk.com/child_killers_thompson_venables.html
http://www.guardian.co.uk/uk/2010/mar/07/jon-venables-confessed-identity
Is this the world we now live in? Does anyone think to teach children love and caring? Right and wrong? Or is it all about personal convenience?
d.
The details are so disturbing. This little girl willfully murdered a helpless baby. They can call it manslaughter if they want. But suffocating a child until death takes several minutes. I imagine the baby struggled for air unless she was incapacitated by the medication. At any time, the 10 year old could have stopped the suffocation process. But she didn’t. I hope wherever they place her there is going to be psychiatric help.
My heart goes out to both families…As a parent of 5, there is NO WAY I would have let any of my children at 10 years old be responsible for a 3 month old baby!! I have read some comments who believe that the babysitter’s mother is no way at fault…BULL If you agree to babysit someone else’s child..YOU ARE THE RESPONSIBLE ONE!! Why would you even let her sleep in the childs room? At 3 months old my children slept by my side until they were at least 6 months old. I would have cared for this child as if she was my own! FURTHERMORE, If this had happened to me I WOULD HAVE ACCEPTED FULL RESPONSIBILITY to protect my child!! That is your job as a parent isn’t it?? To protect your children!! What kind of mother are you?? The 10 year old is a baby herself, how wrong of you not to step up and TAKE FULL RESPONSIBILITY FOR WHAT HAPPENED!! IT IS YOUR FAULT…for not watching the baby yourself and putting both children in jeopardy!!
You people are so caught up with makeing a name for yourselves by sitting around your little tables asking yourselves where your gonna put up the next sex offender sighns that you completly forgot about all the irresponcable parents out there who will leave their children with anyone so they can go out for a good time and the ones that will poison their children by cooking meth in their homes.
Something seems strange with the concept that a woman who works at a medical center would allow her 10 yr. old daughter to be in charge of her own medication. Perhaps a look into the relationship between the two mothers is in order as well as a look into the lack of supervision of this unnamed parent and her own children. This story is just bizarre.
the 10 year old was the child of the baby sitter read the story be for you go off.
you people are so worried abt where you gonna put the next sex offender sighns that you completly forgot about all the irresponcable parents out there who will leave their children with anyone so they can go out and have a good time and cook meth in the same homes , In this case I do beleive the irresponcable parent that left a 10 year old with the infant should be charged with murder for thinking a 10 year old is responcable enough to even ba left with the infant fo 5 mins. and i beleive the 10 yer lold should be chaged with manslaughter be cause the 10 year old didn’t know what it was doing.
Apparently your reading comprehension is about as high as your spelling skills. The infant was NOT left alone with a 10 year old as a babysitter. The 10 yo is the child of the grown, adult woman who was babysitting.
This 10 year old, unless mentally handicapped, knew exactly what she was doing. Long before the age of 10, children understand this concept.
EDIT: I am reading through comments and seeing that the parent of the infant left instructions that the infant and 10 year old were not to be left alone. If I had doubts about my child’s safety around another person, you can bet I wouldn’t be leaving my child ANYWHERE near them. The parents of the infant, unfortunately, were foolish to think this was ok.
There needs to be a question, however, of WHY the mother of this infant DID trust the adult babysitter, given that the 10-year old had already given her medication to another child, 8 months old, the mother of whom is also a friend of both mothers. It seems she knew about the prior incident and that is why she admonished the mother of the 10-year old to not allow the child to be alone with her baby. No way would I have left my baby with this family, given what had already happened. I find that many parents are more careful about whom they allow to borrow their car than they are about whom they allow to watch over their children.
Personal assaults are not appropriate. Your comment on “storm65”,
is, at best, uncalled for!
It is plain and obvious, as shown by your posts, that your
view of a 10 year old child’s reasoning ability is extreme and unreal.
Why would a ten year old have access to
ADHD meds, hers or not?
My heart goes out to both families…As a parent of 5, there is NO WAY I
would have let any of my children at 10 years old be responsible for a 3
month old baby!! I have read some comments who believe that the
babysitter’s mother is no way at fault…BULL If you agree to babysit
someone else’s child..YOU ARE THE RESPONSIBLE ONE!! Why would you even
let her sleep in the childs room? At 3 months old my children slept by
my side until they were at least 6 months old. I would have cared for
this child as if she was my own! FURTHERMORE, If this had happened to me
I WOULD HAVE ACCEPTED FULL RESPONSIBILITY to protect my child!! THAT IS YOUR JOB AS A PARENT ISN’T IT?? TO PROTECT YOUR CHILDREN!!! What kind of
mother are you?? The 10 year old is a baby herself, how wrong of you
not to step up and TAKE FULL RESPONSIBILITY FOR WHAT HAPPENED!! And I know that as a parent , you can’t always protect your children, or stop them from doing bad things but SHAME ON YOU…for not watching the baby yourself and putting both
children in jeopardy!!
Mary Bell.
My guess is the ten year old was on ubiquitously prescribed mind altering psychotropic medication. If that’s the case, let’s arrest her doctor for pushing the drug and the pharmaceutical company for manufacturing it. Then we will have properly placed the blame where it rightly belongs.
What the crap! Charge a 10 year old girl with murder. Why don’t you just add this baby to the list of lost children too.. Take her away form her Mother at 10 years of age…. Stupid Criminal Justus system we have, let’s people dealing drugs get away with a slap on the wrist, but is going to charge a 10 year old with murder.
the dhhs takes as much responsibily as every one else does in this.. lack of it.. any one remember logan marr and that case? zero has changed in the years since it despite the national media..