A 31-year-old Lewis County woman made a second preliminary appearance in Lewis County Superior Court Wednesday after she was arrested on suspicion of controlled substance homicide Nov. 6.
Elizabeth Simpson had been held without bail since last Thursday while the Lewis County Prosecutor’s Office considered filing charges after investigators learned Simpson's 3-month-old daughter had died with methamphetamine in her system on Oct. 22.
No charges were filed during the first hearing. Because the state law requiring that detainees be charged within 72 hours of their arrest excludes weekends and holidays, the court was able to schedule a second preliminary appearance for Nov. 12.
On Wednesday, the state did press charges; however, those charges were only alluded to during the proceeding, and there appeared to be some confusion as to the level of offense.
Defense attorney Rachael Tiller indicated Simpson had been charged with four Class B felonies, each punishable by up to 10 years in prison and $20,000 in fines.
Later in the hearing, Senior Deputy Prosecutor Scott Jackson referred to the charges as Class A felonies. Tiller reiterated they were Class B felonies during her next chance to speak.
The Chronicle is awaiting the filing of the information and will update this article accordingly. Originally, charges were listed on the Lewis County Jail log as controlled substance homicide, first-degree criminal mistreatment, distribution to a person under the age of 18 and second-degree manslaughter.
Judge Joely Yeager, who appeared to be working off the original copy of the charging information (she mentioned there was blue ink on it), asked Simpson if she was aware of what she was charged with and if Tiller had gone over Simpson’s constitutional rights.
Simpson said yes.
Jackson then requested bail in the amount of $1 million.
“These are very serious cases. A 3-month-old child died,” Jackson said. “The allegations are very concerning as to this defendant’s care of that child.”
Jackson acknowledged Simpson didn’t have much criminal history, but emphasized the allegations, which he said included several Class A felonies with aggravated circumstances.
Jackson added he’d been advised that Simpson violated a court order not to have any contact with minor children while in custody.
According to Jackson, Simpson talked to her children — who are potential witnesses in the case — through jail calls.
Tiller responded that Simpson had, in fact, “zero criminal history.”
“And also, again, referring to the information, Mr. Jackson indicated we’re working with Class As — we’re not,” Tiller said. “We have four counts, each considered a Class B felony.”
Tiller argued for no more than $50,000 in bail, saying Simpson resided locally. She added it was her understanding Child Protective Services (CPS) was involved and the children had returned home.
Tiller also indicated that family were present in the courtroom and that she was told there were no drugs in the home and that “everyone has tested negative.”
“I’m asking the court to allow her a bail that she’s potentially able to post,” Tiller said, adding Simpson could rely on family and friends if need be, and that transportation was not an issue.
When asked by Yeager about the CPS’s past involvement, Jackson indicated there may have been open investigations in the past but said detectives had not yet confirmed that.
Tiller asked the court not to take that into consideration at this time.
Yeager responded that she would take it into consideration, but said she was more concerned that Simpson had allegedly violated her conditions by having contact with minor children.
“As Mr. Jackson pointed out, these are very serious allegations, very serious charges. It’s very concerning to me that she would be violating the court’s orders in any way,” Yeager said.
Yeager ordered the no-bail hold to remain in effect, at least until the arraignment scheduled for Thursday, Nov. 13.
For now, Albert Didcock is assigned to represent Simpson, though Simpson indicated she may look to retain private counsel in the future.
The Lewis County Sheriff’s Office issued a news release on Nov. 7 detailing elements of the investigation, which began when Simpson’s infant daughter was transported to Morton General Hospital from her home in Mineral on Oct. 22.
According to the probable cause affidavit filed by the Lewis County Prosecutor’s Office, “Rigor mortis was apparent upon arrival at the hospital and (the infant) was cold to the touch, based on the medical reports from the emergency department.”
The infant was pronounced dead about 18 minutes after arrival.
“During the following investigation and autopsy, fluids were collected from the deceased for scientific testing,” the sheriff’s office stated in its release. “When the results came back, they showed the presence of methamphetamine in the infant’s system.”
Detectives obtained a search warrant for Simpson’s home and arrested her on Nov. 6. They also obtained additional evidence.
Deputies reportedly did not discover any drugs or paraphernalia at the home during their initial evaluation of the scene, nor did they find any “notable items for abuse and/or neglect,” according to the affidavit. They did, however, determine the scene had been altered.
A deputy later confirmed that another person had entered the home after the incident to “remove the other children” during the investigation, according to the affidavit.
“During this time, (the person) made the bed, started laundry, and prepared food for the additional children. (They) then took the children to a nearby park while the investigation was being conducted,” the affidavit states.
Toxicology reports noted that the infant’s blood “contained 120 nanograms per milliliter of blood of amphetamine, and 280 nanograms per milliliters of methamphetamine,” along with “presumptive properties for caffeine and naloxone,” according to the affidavit.
“It is worth noting the medical staff who treated (the infant) administered naloxone, however, they were unaware of drug exposure at the time and administered as a ‘last resort’ effort to resuscitate,” the affidavit states.
On Nov. 6, Simpson allegedly admitted to smoking methamphetamine during her pregnancy and the infant’s lifetime, saying she last smoked methamphetamine on Oct. 19 and 20 — just days prior to the infant’s death.
“She said she knew she shouldn't breastfeed and smoke methamphetamine as she knew it could transfer to the baby,” the affidavit states.
Deputies also reportedly found drug paraphernalia in a trash bag that was removed from the home the day of the infant’s death.
