The case against Desiree Childers, charged in the drowning death of her infant daughter, will go to a grand jury, but the judge issuing that order expressed doubt that it should be a capital murder charge.
Madison County District Court Judge Claude Hundley also agreed to a defense request to grant Childers' a $500,000 bond that includes electronic monitoring.
In her first court appearance, Childers, 27, sobbed audibly several times during the preliminary hearing.
Childers is charged with placing her fully-clothed 7-month-old daughter, Blakely Alexandria Fairburn, in the bathtub and leaving her there to drown. Testimony during the hearing suggested the child's father returned to their Madison home on the evening of Aug. 30 to find the baby floating face-down in the tub. Attempts at CPR were unsuccessful.
Childers was the only person home with the baby at the time of the child's death.
[...]
Childers had been arrested earlier that day for shoplifting cat toys and cat products at Walmart. She was later the subject of a Huntsville Police Department traffic stop, before returning to her Madison home.
Madison Police Department investigator Christie Gover said Childers was a patient at a local methadone clinic and had taken methadone that same morning. A toxicology test taken after the baby's death found methadone and a generic form of Xanax in Childers' system.
Gover said during an interview with Childers after the baby's death that Childers said she often had terrible dreams and was often unable to sleep. She complained about being overtired and said she had a recurring dream where was locked up alone forever in a dirty prison.
The detective said Childers never really gave an explanation for how the child ended up in the tub, though on the night the baby died, Childers accused a female roommate of killing the child. Childers told police that she ran the tub to clean it, but didn't recall placing the baby in it. Gover said that Childers said repeatedly that the baby couldn't have climbed in the tub herself, but never continued with an explanation.
Gover also said that Childers admitted being frustrated with the child for crying while she was "trying to get things done."
The baby was able to crawl, but couldn't stand up on her own and couldn't have turned on the water, Gover said, citing interviews with family members and a day-care teacher. The baby was also suffering from respiratory problems and was having breathing treatments at the time of her death, Gover said.