antiquity
07-29-2002, 06:18 PM
Â*Mother who left handicapped child in tub sentenced to four years in prison
Margaret Zack
Star TribuneÂ*Published Jul 30, 2002 SENT30
A mother whose handicapped daughter drowned after being left alone in the bathtub for about half an hour was sentenced Monday to four years in prison.
Jennifer L. Phelps, 26, got a tattoo of an angel with the words "rest in peace" about three hours after her daughter, Breanna, was pronounced dead Aug. 10, 2000. Phelps was charged with second-degree manslaughter and pleaded guilty June 11.
Breanna, 3, had a neuromuscular disease, spinal muscular atrophy, and was unable to hold herself up for long. Investigators also found there was no brace in the tub to hold the child.
"I made a terrible mistake," Phelps said before she was sentenced by Hennepin County District Judge Marilyn Rosenbaum. "I took my daughter's life. I can't take back my deadly choice but I beg for forgiveness."
Authorities said Phelps was using the Internet and talking on the phone while her daughter was alone in the tub. "I didn't walk out of the bathroom to kill her," she said. "I was stupid."
Assistant Hennepin County Attorney Judy Johnston asked for a sentence longer than the four years called for by state sentencing guidelines, while defense attorney Barry Voss asked for a three-year sentence. Rosenbaum called the case "a terrible, tragic loss" but said the four-year sentence was appropriate.
Johnston said Breanna was vulnerable to tipping over in the bathtub and was helpless to do anything once it happened. And while she was physically disabled, Breanna's mental development was normal, she said.
"As she fell face down in the water, she was undoubtedly fighting for her life while the person who should have been taking care of her was talking on the phone and on the Internet," Johnston said.
Voss said Phelps had been emotionally traumatized her whole life and made poor decisions. She has accepted responsibility and expressed remorse for her daughter's death, he said.
Breanna's father, John Toth, told Rosenbaum that his daughter was a true gift from God.
"Her smile was enough to cheer the day," he said. "Her lips were as soft as flower petals."
Phelps' first child, Matthew, was stillborn in 1996. Her parental rights to her third child, born in October, have been terminated.
Before the sentencing, Rosenbaum said that, by all accounts, Breanna was a beautiful, loving child whose mother's actions -- or inactions -- caused her death.
Rosenbaum said she has to hold out hope that Phelps will take advantage of prison programs, although most professionals don't hold out much hope for Phelps to change.
Margaret Zack
Star TribuneÂ*Published Jul 30, 2002 SENT30
A mother whose handicapped daughter drowned after being left alone in the bathtub for about half an hour was sentenced Monday to four years in prison.
Jennifer L. Phelps, 26, got a tattoo of an angel with the words "rest in peace" about three hours after her daughter, Breanna, was pronounced dead Aug. 10, 2000. Phelps was charged with second-degree manslaughter and pleaded guilty June 11.
Breanna, 3, had a neuromuscular disease, spinal muscular atrophy, and was unable to hold herself up for long. Investigators also found there was no brace in the tub to hold the child.
"I made a terrible mistake," Phelps said before she was sentenced by Hennepin County District Judge Marilyn Rosenbaum. "I took my daughter's life. I can't take back my deadly choice but I beg for forgiveness."
Authorities said Phelps was using the Internet and talking on the phone while her daughter was alone in the tub. "I didn't walk out of the bathroom to kill her," she said. "I was stupid."
Assistant Hennepin County Attorney Judy Johnston asked for a sentence longer than the four years called for by state sentencing guidelines, while defense attorney Barry Voss asked for a three-year sentence. Rosenbaum called the case "a terrible, tragic loss" but said the four-year sentence was appropriate.
Johnston said Breanna was vulnerable to tipping over in the bathtub and was helpless to do anything once it happened. And while she was physically disabled, Breanna's mental development was normal, she said.
"As she fell face down in the water, she was undoubtedly fighting for her life while the person who should have been taking care of her was talking on the phone and on the Internet," Johnston said.
Voss said Phelps had been emotionally traumatized her whole life and made poor decisions. She has accepted responsibility and expressed remorse for her daughter's death, he said.
Breanna's father, John Toth, told Rosenbaum that his daughter was a true gift from God.
"Her smile was enough to cheer the day," he said. "Her lips were as soft as flower petals."
Phelps' first child, Matthew, was stillborn in 1996. Her parental rights to her third child, born in October, have been terminated.
Before the sentencing, Rosenbaum said that, by all accounts, Breanna was a beautiful, loving child whose mother's actions -- or inactions -- caused her death.
Rosenbaum said she has to hold out hope that Phelps will take advantage of prison programs, although most professionals don't hold out much hope for Phelps to change.