By OLGA R. RODRIGUEZ | Associated Press
Madison Bernard crawled into bed with her toddler, Charlotte, in the early hours of the morning. The nightstand next to them was cluttered with straws, burned tinfoil, and a mysterious white powder.
Later that day, the mother awoke to find her daughter struggling to breathe. Tragically, Charlotte did not survive the fentanyl overdose she had suffered. Her parents, who brought the drugs into their California home, have been charged with murder and are now awaiting trial.
These parents are just a fraction of those being charged in the midst of a worsening opioid crisis, which has claimed the lives of many innocent children across the United States.
Also see: Man gets 15 years for dealing deadly dose of fentanyl to Tustin teen
Currently, around 20 states have laws known as “drug-induced homicide” laws. These laws enable prosecutors to seek murder or manslaughter charges against individuals who supply drugs that result in a fatal overdose. The primary target of these laws is drug dealers.
However, in California, where such laws have failed to pass, prosecutors in at least three counties have found a unique solution. They are utilizing drunk driving laws to charge parents whose children die from fentanyl overdoses. It’s an unconventional approach that will soon be put to the test in court as these cases head to trial.
The argument in favor of this heightened enforcement is that those who use synthetic opioids are well aware of the drug’s lethal nature. Similar to drunk drivers, they should also be aware of the potential consequences of exposing their children to their actions.
However, critics argue that these parents did not intend to kill their children. Instead, they made poor choices due to their addictions and are now being further punished instead of being offered help.
This debate arises as the nation grapples with finding effective ways to combat the use of this highly accessible and extremely deadly drug.
Also see: Teens with addiction are often left to detox without medication
Authorities believe that some of these children died after coming into contact with fentanyl, either by touching something contaminated with the powdery substance and then touching their eyes or mouth or by the drug being present on the hands of a parent who prepared the baby’s bottle. Although the drug is not absorbed through the skin, experts state that as little as 2 milligrams of fentanyl, weighing about the same as a mosquito, can be lethal if it enters the body.
“These are tragic cases because drug addiction has destroyed a precious life, and the parents are now facing the consequences of their reckless actions,” said Charlie Smith, the top prosecutor in Frederick County, Maryland, and president of the National District Attorneys Association.
In rare cases, parents can face charges if young children become seriously ill or die due to crack, heroin, or cocaine. However, a substantial amount of the drug must be ingested for such cases to be successfully prosecuted, according to Smith.
“This is truly unprecedented in our country’s history, as we now have a drug on the streets that can potentially kill you instantly with just a minuscule amount,” added Smith.
When deciding whether to charge parents in these cases, prosecutors face a difficult decision. However, the primary goal is to deter others from engaging in similar behavior.
Also see: Fentanyl drives spike in Skid Row overdose deaths, 148 recorded in 2022
Smith prosecuted a case in Maryland where parents were found guilty of involuntary manslaughter in the death of their 2-month-old son in 2020. The couple had mixed fentanyl in the same bathroom where they prepared their infant’s bottles. They were each sentenced to five years in prison and five years of supervised probation.
While the National District Attorneys Association does not track the number of parents charged with exposing their children to fentanyl, news reports and interviews with prosecutors indicate that these cases have been on the rise since the start of the pandemic.
Just last month, a woman in Maine pleaded guilty to manslaughter after her 14-month-old son died from a fentanyl overdose. Investigators discovered fentanyl on a blanket and sheet where the child had been sleeping.
In states like Maryland that lack “drug-induced homicide” laws, parents are often charged with manslaughter, according to Smith.
In California, prosecutors have turned to drunk driving laws.
Prosecutors in three counties—Riverside, Sonoma, and Stanislaus—are charging parents with murder based on the “Watson advisement.” This formal statement is signed by individuals convicted of a DUI charge, acknowledging that they understand the potential for harming or killing others while driving under the influence. Prosecutors can use this statement against them if they cause another fatal DUI-related incident.
“I’ve been a prosecutor for 25 years, and I can’t recall any other drug that has caused this level of destruction and death,” said Riverside County Deputy District Attorney Daima Calhoun.
Prosecutors argue that these parents, like drunk drivers, were well aware of fentanyl’s potential to cause harm or death.
Among those awaiting trial is Tehra Alexandra Waite and Collin Pascal Kittrell, a couple from Riverside. They have been charged with murder after their toddler died from a fentanyl overdose in June 2020. Both have pleaded not guilty.
Investigators believe that their 14-month-old daughter, Allison, likely came into contact with the drug and then touched her mouth or eyes. Fentanyl was found on various surfaces in their apartment, including the couch.
Detectives testified that when Waite discovered her daughter unresponsive, she rushed to a pharmacy to purchase naloxone, an opioid overdose-reversal drug. However, the couple did not call 911 until hours later, when Allison started experiencing breathing difficulties.
The paternal grandmother of the child also stated in court documents that Waite had used drugs while pregnant.
Also see: Grandmother sues Riverside County social workers over toddler’s fentanyl overdose
The Associated Press reached out to several attorneys representing Waite, but none responded. Additionally, Waite’s father declined to comment.
Graham Donath, Kittrell’s attorney, argued that his client did not intend for his child to die and believes the charge should be child neglect, not murder. However, prosecutors are reluctant to pursue that route due to the maximum 12-year sentence for the offense.
In Sonoma County, where Charlotte and her mother resided in a messy apartment in Santa Rosa, first responders testified at a preliminary hearing that they found powdered fentanyl on a nightstand next to the bed.
According to Ryan Hughes, a narcotics detective from the Santa Rosa Police Department, text messages were discovered that indicated the couple was worried about losing their daughter due to their drug use, as reported by the Santa Rosa Press Democrat.
A judge is expected to set a trial date during a September 11 hearing for Charlotte’s mother, Madison Bernard, and her father, Evan Frostick.
Defense attorneys for Bernard, Frostick, and Frostick’s parents all declined to comment when contacted by the Associated Press. Bernard’s stepmother did not respond to phone messages seeking comment.
“They need to be held accountable under the law because they allowed harm to come to their children. They let their drug use and addiction overshadow their responsibility to care for and protect their children,” said Sonoma County District Attorney Carla Rodriguez.
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