The mother accused of allowing her 4-year-old girl to get hold of a fatal dose of fentanyl won't be allowed to attend the girl's funeral.
Judy Bribiescas, 39, asked to be released from the Benton County jail for two hours Friday for the private viewing before her daughter's service later in the morning.
But Judge Jackie Shea Brown said she wasn't confident Bribiescas would return.
"It would be reckless," she said. "It would be almost guaranteed to have bad results."
Bribiescas is being held on $200,000 bail pending trial for first-degree manslaughter in connection with her daughter's death Dec. 27. Her trial is set for March 4.
She is accused of being in a motel room bathroom with the girl's father, Joseph C.E. Walker, 31, when their daughter Ryleigh Walker, allegedly swallowed least two fentanyl pills. Another was found in her nose.
Benton County Coroner Bill Leach confirmed Thursday that the 4-year-old died from a fentanyl overdose.
Walker also is charged with manslaughter.
Bribiescas' attorney Talitha Hazelton pointed out that Bribiescas called 911 and waited for police while the girl's father fled after she was found unresponsive.
"This day is monumental for her and her child," Hazelton argued. "The amount of psychic damage that would occur without the ability to have closure, I think that should be weighed."
Hazelton made a few suggestions for how Bribiescas could attend event, saying the woman's brother or a defense investigator could take her to the private viewing.
She said it was important to give Bribiescas a chance to express her grief, otherwise it could hamper her ability to recover from her drug addiction.
Hazelton pointed out that her client would be tested for drugs when she returned to jail. She also offered to accompany Bribiescas herself.
Prosecutors object
But Deputy Prosecutor Taylor Clark said prosecutors were "strongly objecting" to a furlough, noting that Bribiescas is facing a potential 6 1/2-year prison sentence.
She said security video at the motel shows Bribiescas waited four minutes before interacting with officers. Police and medics tried to reverse the overdose with naloxone but it wasn't effective and the girl couldn't be revived at a hospital.
Clark said they also are concerned that the couple's 8-year-old son would be at the funeral service and Bribiescas and Walker are barred from seeing him because he's a witness.
Clark said it would be "extremely unfair" to prevent Ryleigh's brother from going to his sister's funeral.
"I am sympathetic to the situation," Clark said. "I think it's no way appropriate to allow Ms. Bribiescas out of custody. ... The state has no confidence that she will return."
Joseph Walker did not ask about attending the funeral. He's currently being held on $500,000 bail.
Even before Bribiescas' current charges, she had problems showing up to court. She had four warrants issued for failing to attend hearings and multiple other times she didn't come to court. In addition, she's been sober for less than a month.
Clark pointed out that Bribiescas' brother also has a lengthy criminal history with multiple warrants and two convictions for escaping from custody.
Shea Brown sided with Clark saying she understands why Bribiescas wants to attend the funeral, but the proposition is "fraught with risk."
She can't trust the ability of the defense's investigator to restrain Bribiescas if she tried to flee.
"I have no reason to be assured that anyone can restrain her," she said.
Shea Brown suggested organizing a Zoom call so Bribiescas can watch from the jail.
"That is the best way to provide closure while ensuring the safety of the community," she said.
