A homeless Bellevue, Wash., couple, who prosecutors say starved their infant daughter because they feared the baby would become too fat, were given a suspended sentence Friday that will allow them to avoid jail time.
King County Superior Court Judge Jeffrey Ramsdell sentenced Brittainy Labberton, 21, and her husband, Samuel Labberton, 25, to one year in jail but suspended the sentence provided the couple comply with mental-health treatment and have no contact with any of their children without the approval of a dependency court.
The couple, who also were sentenced to two years of probation, have two children who are in foster care, and they are expecting a third. They are working to regain custody of their children, their attorneys said.
The Labbertons pleaded guilty earlier this year to misdemeanor criminal mistreatment after their second child, born emaciated in 2008, was hospitalized because she had gained only 1 pound in her first two months after birth.
The Labbertons claimed the baby was fussy and vomited food, but the infant began to gain weight immediately in the hospital, court documents say.
Prosecutors said when informed of her child's progress, Brittainy Labberton said, "Oh my God, she's fat."
According to court documents, Brittainy Labberton told investigators her husband struggled with his weight and she didn't want her daughters to be fat.
Court documents indicate the couple's older daughter, then a 2-year-old, also was placed in state custody.
Brittainy Labberton's attorney, Tomackie Kim, said that her client had poor parenting models, that she had suffered from postpartum depression and had had an adverse reaction to her medications.
She said the Labbertons are dedicated to getting the help they need and reunifying their family.
"I'm willing to comply with anything the court asks of me," said Brittainy Labberton, stroking and patting her bulging abdomen. "I just wish this whole thing never would have happened. I wish I had known better. I do love my daughters, and I love my unborn son."
The Labbertons are allowed two supervised visits with their daughters each week, their attorneys said.
In July, prosecutors had sought a rare injunction to have the couple's third child removed from their custody at birth.
At that time, Senior Deputy Prosecutor Sean O'Donnell said Brittainy Labberton had been hospitalized because she was not eating enough to nourish her unborn child and the third child was in potential danger.
"This is a train wreck; we all see it coming," O'Donnell said.
That request was denied by Ramsdell, who questioned why the issue wasn't raised in dependency court where such parenting plans and custody issues are normally handled.
He did, however, order the couple to report the child's birth immediately to the state social worker overseeing visitation of their older children.
Posted By: Siebra Muhammad
Saturday, September 4th 2010 at 8:35PM
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