The Public Prosecution Service demands a conditional prison sentence of 365 days, of which 252 days are conditional, with a probation period of 5 years against a 36-year-old woman from Lelystad. The time the suspect has spent in pre-trial detention, 113 days, is deducted from the sentence. The demand comes after the mother decided to sleep with her young baby in one bed after using alcohol and drugs on the night of May 30, 2024. Her son died of suffocation as a result. According to the Public Prosecution Service, the baby’s death is blameworthy and avoidable. “A pitch-black day,” the prosecutor concluded today in court.
On the early morning of May 31, 2024, the police were urgently sent to the suspect’s home. In a bedroom, officers found a baby without a heartbeat and breathing. The officers began resuscitation, but help came too late. The emotionally distraught mother of the baby stated that his death is “her fault.” She tells the attending officers that she had placed her baby in bed with her the night before and that he must have suffocated due to the duvet or because she was lying on him. The mother was arrested shortly thereafter, and the police investigation began.
Under influence
Forensic investigation confirms that the baby died of suffocation, possibly due to the place where the young baby was laid down. The blood test of the suspect also shows that she was under the influence of cocaine and alcohol the evening before her babys death. The police also found an empty cocaine package, with a leftover amount of cocaine in it, next to the suspect’s bed. The suspect herself states that she regularly uses cocaine and alcohol on Fridays, together with her mother and friends. Research also shows that the baby’s blood contained cocaine. Small traces of cocaine were also found on his pacifiers and bottles. This leads to the investigation of the suspect’s two daughters. Traces of cocaine were found in the hair of both daughters.
Unsafe situation
“Children should be safe,” begins the prosecutor. “The suspect’s children were not, despite the love the suspect has for her children.” According to the Public Prosecution Service, the suspect knew she was placing her baby in an unsafe and potentially deadly situation when she laid him in bed with her. For this reason, the Public Prosecution Service argues that there is culpable homicide.
The Public Prosecution Service also believes that the suspects actions put the three children in a helpless situation. The Public Prosecution Service states that the suspect, as a single mother, is responsible for the safety and health of her young, dependent children. “The children were in an unsafe situation where drugs were used,” states the prosecutor. “They were not only in danger from the drugs themselves, but also because the suspect was using drugs,” the prosecutor adds.
“Immense sorrow”
When determining the sentence, the Public Prosecution Service takes into account that the suspect has been declared partially unaccountable and that she has no criminal record. The Public Prosecution Service also considers the immense loss and sorrow this event brings, even for the suspect. The Public Prosecution Service sees and understands that the suspect did not intentionally cause her son’s death. At the same time, the Public Prosecution Service finds it important that accountability is given to the baby, the suspect’s two daughters, and society.
The Public Prosecution Service therefore demands a prison sentence of 113 days. Since the suspect has already served this sentence in pre-trial detention, the Public Prosecution Service also demands a conditional prison sentence of 252 days with a probation period of 5 years. During the probation period, the suspect must adhere to several strict conditions, as the Public Prosecution Service deems necessary for the family to ultimately return to a safe situation. The suspect will be required to report to probation services, receive outpatient treatment to overcome her addiction, be prohibited from using drugs and alcohol, and participate in day activities.
The court will issue its ruling on March 28.