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A mother in New York faces murder charges in the death of her disabled daughter.
Broadcaster -- up pleading not guilty to charges that she fed can be with traces of peanuts.
Who -- to her disabled and allergic eight year old Julie.
This case could hinge on a compelling piece of evidence of suicide note it's a complicated case but a very sad one.
Let's talk about it would Doug burns a former federal prosecutor -- Rachel's self.
Is a criminal defense attorney so -- apparently you do have been born with cerebral palsy she was in a wheelchair.
Eight years old she was also allergic to peanuts.
The night before she was supposed to be in her cousins wedding as a flower girl.
Her mother apparently gave her some -- As a treat she said -- -- little thank you for being in the wedding.
The Eminem's head traces of peanuts in them and little Julie died now the mother is being prosecuted for murdered.
Doug is that appropriate.
Well ordinarily -- -- going -- because there would be all kinds of questions about did she know what she was feeding her.
-- center -- -- here as you said right at the outset there's a suicide note which is absolutely critical.
And what this is is if you look at all of the facts and remember they presented it to the grand Jerry.
The woman herself testified in around defense.
Yet she was indicted for second degree murder she left a note saying that she was in fear for her husband killing -- And that she was there for sending her to order to have -- To avoid her potentially being mistreated by the husband.
So in my opinion all of the facts point to this being a murder suicide but the suicide part -- out.
Rachel Veronica the mother who says -- or or are apparently you know gave her daughter these Eminem is that ultimately killed her the mother.
Later said that she saw that there was an allergic reaction she didn't know there were peanuts in the Eminem's.
She gave her some Benadryl to try to counteract the effects of you know the peanut allergy.
And then they both went to bed when she woke up the next morning the little girl was dead she then tried to commit suicide.
So where does the suicide note figure into all of this in your mind.
Well the suicide note is going to be critical and it's absolutely going to be admissible because it's an admission of a party in a case like this and it also could potentially.
He thought of as a dying declaration so that's illicit side note it's very harmful to the defense of this matter.
And it's definitely going to come in in the trial of this case however.
That's suicide note also shows how crazy this woman was and it is an affirmative defense to depraved.
Heart murder which in this case is what this woman I believe is charged under the New York penal code on 25 point -- fight has section four.
Which indicates that if you exercise it depraved indifference to human life.
And that victim of that it's less than eleven years old you can be charged with murder but there is an affirmative defense to that.
That if you have suffered -- extreme and severe emotional distress.
You can be brought down to manslaughter of a -- me brought down to manslaughter doesn't necessarily mean case is going to be dismissed but I think there's going to be a battle of the experts here because this woman's.
One for you.
Minus the full for -- cake here well but -- some real issues.
Doug it's my understanding the autopsy didn't even find any traces of peanuts in the little girl's body so doesn't that help exonerate the mother who said.
I didn't know there were peanuts in there yet but again why -- she sat -- -- note that says I'm sending might yarder to have been specifically.
That's the more important point but I do agree with Rachel of that -- first of all she was originally charged with manslaughter.
-- she was free from September of 2011 until very very recently when the grand jury returned the indictment for second degree murder.
The chargers having been ratcheted up.
But I agree that the defense will be some type of -- at the rest -- emotion all duress and basically a straight perhaps insanity type concept.
But to answer your question which is very good one.
Deep problems in for a physically what happened are overridden by the suicide note.
All right Rachel I mean if someone tries commit suicide are they in their right mind anyway it does the suicide attempt.
And it and apparently what she did is take injection of insulin.
Take some medication she also told police that she tried to strangle herself with an electrical -- so I guess you have to wonder about how serious a suicide attempt it was but.
If you're try to commit suicide you're not necessarily in your right mind anyway -- is government become part of the no.
Absolutely -- well and the issue to with the suicide -- one thing that I found interesting when I was looking at it is that it looks it's written by two different people.
It starts off and one type of penmanship for cursed penmanship and then then it gets down.
And it gets into print and she she.
It's just completely.
Here it's very crazy everything that she puts in and how she puts her phone and password to get into her voicemail and then how she says that she wants to donate all -- things it seems to show us some coherent thought but then on the other hand she's saying all these really crazy things.
And I think that a clear insanity defense here is going to be one of the best defenses and she also has the standard affirmative defense of not being it of being under severe emotional -- Well at the heart of it all is a little eight year old girl Julie -- -- in a wheelchair and a victim.
Cerebral -- it's just a very sad story all the way around we'll keep an eye out on what you know what have you.
-- self Doug burns thank you bill.
My pleasure thanks.
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