◼
Mom gets six years in prison for son's death; Wortman leaves plea in place in methamphetamine breast milk case - Times-Standard
A 27-year-old Loleta woman was sentenced to six years in state prison on Monday after pleading guilty to voluntary manslaughter stemming from the death of her infant son.
The conviction -- which was in doubt up until Maggie Jean Wortman agreed to leave her guilty plea in place on Monday -- is the state's first for voluntary manslaughter in a case where a woman stood accused of passing a lethal dose of methamphetamine to her child through breast milk while nursing.
Wortman's attorney M.C. Bruce pleaded with Humboldt County Superior Court Judge Bruce Watson to be lenient with his client, saying a grant of probation would be appropriate in the case as Wortman is a sober woman who bears little resemblance to the methamphetamine addict taken into custody.
Watson said he felt the matter warranted a prison commitment, saying it could be argued that the maximum 11-year sentence would be more appropriate, primarily because of the vulnerability of the victim in the case....
Wortman pleaded guilty to voluntary manslaughter in February, but did so under the impression she was eligible to receive a grant of probation in the case. Under the California Penal Code, however, Wortman is statutorily ineligible for probation in the case because she committed the manslaughter offense -- which classifies as a violent felony -- while already on felony probation stemming from a May 2010 conviction for maintaining a drug house.
...”I'm asking the court not to punish her because of her addictions,” Bruce said, adding that Wortman has already suffered enough. “This lady has suffered the death of her child -- that's the most horrible thing any of us could ever suffer. No matter what this court does, that is something that is never going to go away for Maggie.”
Bruce went on to argue that a prison sentence would destroy the progress Wortman has made in the more than one year she has been in jail, during which she has been clean, taken classes and undergone psychiatric counseling.
”If this court sends her to prison for six years, we're going to lose her,” Bruce said. “We all know the prisons are full of drugs, and that's a long time to sit with nothing to do. ... If we sentence her to prison for six years, we're throwing her away.”
Prosecuting Deputy District Attorney Ben McLaughlin said no one is disputing that Wortman has suffered in the wake of her son's death. But, McLaughlin said, he doesn't see Wortman's case as being any different than that of the alcoholic who gets behind the wheel of a car and causes a fatal collision.
”We're not punishing the addict,” McLaughlin told the court. “What we're doing here, your honor, is punishing the conduct.”...
