ORCHARD PARK, N.Y. (WIVB) - A woman accused of trying to poison her infant son with tainted breast milk appeared in court Tuesday night for a felony hearing.
More often than not, the defense waives the right to a felony hearing, but the attorney for Orchard Park mother Kimberly Lawton did not, which allowed for the prosecution to present some evidence in this disturbing case. The 36-year-old is accused of putting ethanol in her breast milk and so it would be fed to her baby boy.
News 4 spoke to Lawton as she left the courtroom, but she would not respond to any question. Her attorney Joseph Argo said he believes the evidence against his client is weak.
"There are some issues, so there's no doubt about it. She's got no prior record so we'll see," Argo said. "There's a lot more investigating to be done on this case."
Much of the evidence presented Tuesday came from the baby's father. He testified he was suspicious of Lawton after she told him, "There's no poison in here," when she gave him a diaper bag with milk inside for an overnight visit in April.
The Assistant District Attorney prosecuting the case would not comment, but during the hearing, she told the judge the court can conclude, through the evidence, that Lawton tried to harm her baby.
The prosecution submitted state crime lab reports as evidence, which show pure alcohol was found in the baby's milk.
"Those reports show certain things, but today there was no testimony from any type of professional or expert to explore more of what those reports actually show," Argo argued.
In court, it was revealed the infant was never taken to the hospital, which means the baby boy may never have shown signs of sickness. Argo noted that before Lawton's arrest, a child custody battle had been ongoing.
After hearing some of the evidence in this case of attempted assault, the town justice sent Lawton back to jail and the case will now go before a grand jury.
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