In the quiet city of Santa Rosa, California, a tragic incident unfolded that left the community in shock and mourning.
The details of the case, as described in court documents, paint a harrowing picture of a mother, Madison Bernard, and her young daughter, Charlotte, caught in the clutches of a devastating drug overdose.
The scene that unfolded in their home was nothing short of nightmarish, with evidence of drug paraphernalia scattered across the nightstand where Charlotte lay peacefully in slumber.
It was a heart-wrenching awakening for Madison when she discovered her precious child struggling for breath, a sight that no parent should ever have to witness.
The desperate rush to save Charlotte’s life ended in tragedy, as the innocent 15-month-old succumbed to a fatal fentanyl overdose.
Now, Madison and her husband, both accused of bringing the drugs into their household, find themselves facing the grave charges of murder, awaiting their day in court.
The devastating consequences of drug abuse have once again come to the forefront, serving as a stark reminder of the dangers that lurk within our society.
As this case unfolds, it is a somber call for action and reflection on the urgent need to address the root causes of substance abuse and protect the most vulnerable among us.
The couple, despite their plea of not guilty, finds themselves in a distressing situation that reflects a larger trend unfolding across the United States.
They are just two among a rising number of parents who are now facing charges in the midst of an alarming opioid crisis.
This crisis, which has been steadily intensifying, has tragically claimed the lives of an ever-growing number of children, who have become unintended casualties in this devastating battle.
The profound impact of this crisis on families is undeniable, as the repercussions extend far beyond the individuals directly involved in drug abuse.
The legal system is grappling to address the complex web of factors contributing to this crisis, as parents are held accountable for the consequences of a larger societal issue.
The couple’s plea of not guilty highlights the challenging nature of assigning blame in cases where addiction is at the core.
As communities strive to find solutions to this heartbreaking crisis, it becomes increasingly evident that a comprehensive and compassionate approach is needed to safeguard the well-being of all those affected, especially the innocent children who have tragically become collateral victims.
There are currently approximately 20 states in the United States that have implemented what are commonly known as “drug-induced homicide” laws.
These laws grant prosecutors the authority to bring forth murder or manslaughter charges against individuals who supply or expose others to drugs that result in a fatal overdose.
The primary aim of these laws is to specifically target drug dealers. Interestingly, in the state of California, where the Legislature has been unsuccessful in passing such legislation, prosecutors in at least three counties have resorted to utilizing drunk driving laws to prosecute parents whose children have tragically lost their lives due to fentanyl overdose.
This unconventional approach is set to be tested in court as the cases proceed to trial. Advocates of this heightened enforcement argue that individuals who use synthetic opioids like fentanyl are well aware of the drug’s lethality and, similar to drunk drivers, should understand the potential consequences of exposing their children to their actions.
Critics argue that the parents involved in these tragic incidents did not have the intention to kill their children, but rather made poor choices due to their addictions.
Instead of being offered help, they are being further punished. This debate arises at a time when the country is grappling with finding effective solutions to reduce the use of a highly accessible and extremely lethal drug.
According to authorities, some of the children died after coming into contact with a substance containing the drug and subsequently touching their eyes or mouth.
In one instance, it is suspected that the drug was on the hands of a parent who prepared the baby’s bottle.
Although the drug is not absorbed through the skin, experts warn that even a minuscule amount as little as 2 milligrams, equivalent to the weight of a mosquito, can be fatal if it enters the body.
Charlie Smith, the leading prosecutor in Frederick County, Maryland, and president of the National District Attorneys Association, stated, “These are tragic cases because drug addiction has destroyed a precious life, and the parents must face the consequences of their reckless actions.”
It is worth noting that parents can also face charges if their young children become seriously ill or die as a result of crack, heroin, or cocaine ingestion. However, such cases are rare due to the substantial quantity that must be ingested.
In a significant development for our nation, the presence of a highly lethal drug on our streets has emerged, with the potential to cause instantaneous death even in small quantities, as stated by Smith.
This unprecedented situation poses a challenging dilemma for prosecutors, who must carefully consider whether to press charges against parents involved, with the ultimate aim of deterring others from engaging in similar behavior.
Smith himself was involved in a case where parents from Maryland were found guilty of involuntary manslaughter in relation to the tragic demise of their 2-month-old son in 2020.
The couple, residing in Mount Airy, had mixed fentanyl in the very same bathroom where they prepared bottles for their infant.
As a consequence, Jeremy Whitney Frazier and Heather Marie Frazier were handed down a five-year prison sentence, along with five years of supervised probation, in December.
While the National District Attorneys Association does not maintain records on the number of parents charged for exposing their children to fentanyl, reports in the media and discussions with prosecutors indicate a notable increase in such cases since the start of the pandemic.
In a recent and tragic case, a woman from Maine has pleaded guilty to manslaughter following the fentanyl overdose of her 14-month-old son.
The investigation revealed the presence of fentanyl on a blanket and sheet where Ashley Malloy’s son, Karson, had been sleeping. Interestingly, some states like Maryland, which lack specific “drug-induced homicide” laws, often resort to charging parents with manslaughter in such cases.
On the other hand, California prosecutors have taken a different approach by utilizing a drunk driving law.
Notably, prosecutors in Riverside, Sonoma, and Stanislaus counties have pressed murder charges against parents based on the “Watson advisement,” a formal statement signed by individuals convicted of a DUI offense, acknowledging the potential harm or fatality that can result from driving under the influence.
This statement can be used against them if they are involved in another fatal crash related to DUI. Highlighting the severity of the situation, Riverside County Deputy District Attorney Daima Calhoun expressed her concern, stating that in her 25 years as a prosecutor, she cannot recall any other drug causing as much destruction and death as fentanyl.
The devastating consequences of fentanyl misuse and its impact on society are truly alarming.
Prosecutors assert that the parents, akin to individuals operating vehicles under the influence of alcohol, were aware of the potential harm or fatality that could result from the consumption of fentanyl.
A trial that will serve as a litmus test for this approach awaits individuals such as Tehra Alexandra Waite and Collin Pascal Kittrell, both residents of Riverside.
The couple, who are romantically involved, have been charged with murder subsequent to the tragic demise of their toddler due to a fentanyl overdose in June of 2020.
Notwithstanding the charges, both defendants have pleaded not guilty.According to investigators, it is believed that their 14-month-old daughter, Allison, inadvertently ingested fentanyl by touching her mouth or eyes after coming into contact with the substance, which was found on various items in their apartment, including the couch.
Detectives who testified in court stated that when Waite discovered her daughter unresponsive, she hastily made her way to a pharmacy to purchase naloxone, a drug used to counteract the effects of an opioid overdose.
Astonishingly, the couple did not contact emergency services until several hours later, when Allison began experiencing breathing difficulties.
The paternal grandmother of the deceased child also attested, in court documents, to Waite’s drug use during her pregnancy.
Despite attempts by the Associated Press to solicit comments from several attorneys who have represented Waite, no responses were received.
Furthermore, Waite’s father declined to provide a statement.Graham Donath, Kittrell’s legal counsel, contended that his client did not intend for his child to perish and argued that the charge should be one of child neglect rather than murder.
Prosecutors, however, are reluctant to pursue this avenue as the maximum sentence for the offense of child neglect is capped at 12 years.
In Sonoma County, where another distressing incident unfolded, a young girl named Charlotte slept alongside her mother in a disheveled apartment located in Santa Rosa.
Testimony from first responders during a preliminary hearing revealed that fentanyl in powdered form was discovered on a nightstand adjacent to the bed.
During the court proceedings, Ryan Hughes, a narcotics detective from the Santa Rosa Police Department, provided crucial evidence indicating the couple’s concern over potentially losing custody of their daughter due to their drug usage.
The Santa Rosa Press Democrat reported that text messages were uncovered, further supporting this claim.
A hearing scheduled for September 11th will determine the trial date for Charlotte’s mother, Bernard, who discovered her daughter in distress, as well as her father, Evan Frostick.
Despite attempts to gather their perspective, defense attorneys for Bernard and Frostick, as well as Frostick’s parents, declined to comment when approached by the AP.
Additionally, phone messages seeking comment from Bernard’s stepmother were left unanswered. Sonoma County District Attorney Carla Rodriguez emphasized the need for these individuals to be held accountable under the law, as their negligence allowed harm to befall their children.
Rodriguez asserted that their drug use and addiction took precedence over their parental responsibilities and the safety of their children.