The way has been cleared for a trial in the case against a mother accused of neglecting her infant son, leading to his death.
Chelsea Marksberry, 32, was charged in mid-January with neglect of a dependent resulting in
the death of her 3-month-old son Kieran Bengert.
The Vanderburgh County Prosecutor's Office filed an amended charging information document, according to online court records. Marksberry was informed of the new information by video from jail.
Her trial is set for August 17 in Vanderburgh Circuit Court.
The child's father, Jacob Bennett, 29, is a co-defendant in the case. He is charged with murder.
The amended information alleges Marksbury knowingly put her child in danger by abusing illegal substances while acting as his caretaker; by leaving him in Bengert's care and by failing to protect him from suffering multiple, abusive injuries while having care or custody of him.
Marksberry's attorney, William Nesmith said he believes the newly detailed charges still don't add up.
"What I've read doesn't make that case. To me, Chelsea is the second victim in the case. From what I have seen, she is absolutely destroyed," he said. "I just don't see she could have known this was dangerous (leaving her son with Bengert). It's just a mistake."
In a motion to dismiss, Nesmith had argued the state had not provided any details that would support the allegation against her.
He filed a motion to dismiss the case on May 6, arguing that prosecutors alleged Marksberry knowingly placed her baby in a situation that resulted in his death but did not detail what she knew or did that would lead to the claim.
n a response to the motion to dismiss, prosecutors said they are not required to give the defense a play-by-play of all the details that support the charges and cited previous court decisions they said showed Indiana only requires them to provide the essential facts.
In a rebuttal document, Nesmith said he reviewed more than 200 pages of documents and 23 hours of videos, but none of the evidence clarified how prosecutors believe Marksberry neglected the child.
Vanderburgh Circuit Court Judge David Kiely sided with Nesmith in a May 21 hearing on the matter, giving prosecutors a week to amend the charging documents or he would dismiss the case.
Prosecutors filed the amended information on Thursday, four business days later.
You must be logged in to see or use the Shoutbox. Besides, if you haven't registered, you really should. It's quick and it will make your life a little better. Trust me. So just register and make yourself at home with like-minded individuals who share either your morbid curiousity or sense of gallows humor.
www.facebook.com
www.14news.com
www.wevv.com
