Trial in death of Hardin child delayed

Trial in death of Hardin child delayed

July 25, 2012 4:55 pm • By Greg Tuttle(3) Comments

The negligent-homicide trial of a Hardin woman accused of causing the death of a 3-year-old foster child found locked in a hot car has been postponed.

The trial of Lavonna Bird was scheduled to begin Monday in Big Horn County District Court, but court officials said Judge Blair Jones recently reset the trial to Dec. 10.

Jones also recently granted a defense motion to suppress a statement Bird gave to law enforcement the day after the child's death because officers did not advise her of her rights.

Bird, 50, is charged with causing the death last Aug. 17 of Jaren Wayne Blacksmith, one of three foster children in her care at the time.

According to court records, Bird called 911 from her home on South Second Street at about 6:30 p.m. to report that the child was not breathing. The child was later pronounced dead and authorities said he died of hyperthermia, or elevated body temperature.

Prosecutors say Bird left the child locked in the car parked at her residence for several hours on a day when the outside temperature reached 93 degrees.

An autopsy showed the boy also had suffered fresh bruising to his scalp, forehead, right cheek, shoulder and back, according to court records.

Bird pleaded not guilty to the negligent-homicide charge in September and has remained in custody at the Big Horn County jail.

Bird was initially represented by Bozeman attorney John Hud. She is now represented by Jennifer Streano, a public defender in the major-crimes unit of the defenders office.

David Sibley, the county's chief deputy county attorney, is prosecuting the case.

Last month, Jones granted a defense motion to suppress statements given by Bird at the Big Horn County Sheriff's Office the day after the child's death. Jones denied a similar defense effort to suppress statements Bird gave to Undersheriff Michael Fuss at her house shortly after the child was found dead.

According to an order issued by Jones, Fuss went to Bird's residence on Aug. 18 and told her she needed to come to the Sheriff's Office to give a statement.

"Fuss did not advise Bird that she could refuse to be interviewed or that she could have an attorney present," Jones said in court records.

When Bird arrived, she was met at the office by Fuss and two special agents with the FBI, Steven Chambers and Justin Telford. Chambers conducted the interview, and told Bird the FBI was involved because the county was understaffed.

"In fact, the FBI was conducting its own homicide investigation due to the undetermined issue of jurisdiction," Jones said.

Chambers told Bird she was not under arrest, could leave at any time, and the officers just wanted to clear up some inconsistencies. The agent did not remind Bird during the interview that she could leave at any time, and he did not tell the woman she was a suspect in a homicide investigation, Jones said in court records.

None of the officers advised Bird of her right to remain silent or to have an attorney present, commonly known as Miranda rights.

Jones said that the statement she gave at that interview must be suppressed because it was a "custodial interrogation" and Bird was not advised of her rights.

Jones said Bird would not have felt free to end the interview or leave; the interview was at the Sheriff's Office and requested by law enforcement; and the "manner and context" of the questions she was asked "were likely to elicit an incriminating response."

"At the time of the interrogation, all three officers were aware of the autopsy results that the child died as a result of heat exposure, and they knew that Bird was the last known adult with the child prior to his death," Jones said.

Bird was arrested the next day and invoked her right to remain silent.