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Criminal Law Keyed to Ohlin
People v. Kolzow
Citation:
301 Ill. App. 3d 1, 703 N.E.2d 424 (1998)Facts
On August 11, 1996, the defendant was driving around with her three month old baby and a friend from 11pm-2am. At 2am, she fed the child with a bottle and dropped her friend off at home. In her initial statement to police, she stated that she and the baby spent the night at the friend’s house, however, in a subsequent statement, she stated that she dropped the friend off and then met up with someone else until she drove home at 4:30am.
Instead of going inside, the defendant said that she parked her car and read a book. She stated that she did not go inside because she didn’t want to wake her stepmother. At 6:30am, she noticed that her stepmother’s car was gone so she turned the car off and went inside. She said she set an alarm for 9:30am and fell asleep on the couch. She forgot about the baby, who was locked outside in the car.
The defendant stated her alarm never went off and she woke up at 10:30am on her own. It was at this point she remembered the baby was still in the car. She went out to the car and saw that the baby’s face was completely purple.
An autopsy revealed that the baby died of a heat stroke. The medical examiner noted that the baby’s nutrition, hydration, and cleanliness were good and that it appeared the child had been well cared for, but that parental neglect was a significant factor in the child’s death. At trial, a neighbor testified that he witnessed the defendant leave the baby in the car at least half a dozen times.
The defendant was convicted of involuntary manslaughter. She appealed, arguing that the evidence fails to prove she acted recklessly.
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