Application refuses due to a new court hearing in the death of babies Benadryl

A judge on Monday contested Babysitter Dixie Denise Villa's application for a new process in the overdose of the 7-month-old Abigail Lobisch in Benadryl.

On February 24, 2019, praising diphenhydramine (the most important active ingredient in benadryl) toxicity in the Aliamanu military reserve in Villa and on November 15, a jury found the villa for Manslauger for guilty.

Megan Kau, lawyer of the villa, said in court that new evidence emerged after the process that could have changed the judgment. She said, the baby's father, James Lobisch, and Vanessa Barnes, another woman who Babisch Babisch was praising, had brought new information.

James Lobisch told the deputy prosecutor Tiffany Kaeo and the lawyer of a victim that his ex-wife was not truthfully on the subject of co-sleeping.

Praise that his ex-wife lied during the trial when she said that she had never slept in the same bed with her baby and that Abigail had slept in a side car or cribs on the side of her bed instead.

“We had pretty much shared the bed with both children since they were born,” he said, referring to Abigail and her older child Zachariah, now 8.

He also provided Kau photos and text messages to secure his claim.

“I know it sounds crazy, but I wanted Denise (villa) a fair exam,” said Lobisch. “I think she is guilty, but I didn't want her to be guilty when someone logs.”

However, the Circuit judge Fa'au'uga to'oto'o said: “Mr. Lobisch also believes that Ms. Villa is guilty. What she had was a fair process.

“The only person with custody was the accused. It could have been no other person.”

Zu'oto'o said that the jury had found the basis for guilty due to the medical and other evidence.

“The court does not believe that this evidence would change the judgment,” he said.

The state claims that Lobisch's motive to raise the matter could be that he and his ex-wife are in a custody dispute around Zachariah.

He denied the claim and said Anna Lobisch bought a “dockatot”, which he said: “Looks like a hot dug roll, and they put the child in between and they put it between the parents.”

He said they used it but never really used the sidecar.

Anna Lobisch said she used the dock score in the sidecar.

Kau also used a photo of Anna Lobisch, who supposedly slept in Florida on a couch in the father of James' father, with her sleeping little girl and Zachariah at the front.

But this photo was actually a live shot or a short video on James Lobisch's iPhone, which, when Kaeo played it for the judge, did not sleep Anna or Abigail.

The question of co-sleeping was not addressed as the cause of death.

Kau grilled Anna Lobisch in a number of questions and claimed that lies question the truthfulness of her legal proceedings.

Barnes said Lobisch suffered from fear and left her two children with her because she had to go to the hospital, Kau told the judge.

Kau praised Kau during the crossing whether she had mental health problems in connection with anxiety.

She said it was for medical reasons, but after the state raised objections and the judge instructed her, she revealed that she had suffered a miscarriage.

Kau said that Barnes had news to the criminal offense department of the Honolulu Police Department about the fear that praised and had to go to the hospital.

Kau claimed that when praising was afraid, she had the opportunity to bring the diphenydramine into the bottles of the Formula villa that were fed to the baby.

She claimed that Lobisch's miscarriage, her fear and inability to deal with her children was a motive, opportunities and intentions.

The villa will be convicted on May 7th. Combint has a maximum penalty of 20 years.

The villa headed an illegal, non -licensed childcare business from its household house in military residents, which is the question of a federal action by the praise. The case was put on ice until the criminal proceedings are over.