[DiamondSmiles]

By Associated Press Report

29 October 2014
Caledonia County, Vermont

A woman whose severely disabled son died after alcohol was put in his IV was released from jail Tuesday after a judge set bail, saying prosecutors couldn't prove she intended to kill the child.

Judge Robert Bent said prosecutors have, 'a viable manslaughter case,' against Melissa Robitille in the August 22, 2014, death of 13 year old Isaac Robitille, but, not a second degree murder case.

Intent is necessary for a second degree murder charge.

Robitille's attorney, Robert Sussman, said she was released Tuesday afternoon, hours after Bent set her $25,000 unsecured bail.

Isaac was born with significant disabilities that required the assistance of caretakers for up to 80 hours a week. Feeding tubes supplied him with a diet of a pediatric nutritional drink, baby formula, water and vitamins.

'The State has failed to present evidence sufficient to meet its burden as to proof of the defendant's intent to kill Issac, a child who she had been taking care of under trying circumstances,' the judge wrote Tuesday following a Monday hearing to determine if she should be held without bail.

The judge did not throw out the more serious second degree murder charge, however, saying that was not the purpose of the hearing.

Robitille, 39, had been held without bail since her arrest earlier this month.

Isaac was born with significant disabilities that required the assistance of caretakers for up to 80 hours a week.

Feeding tubes supplied him with a diet of a pediatric nutritional drink, baby formula, water and vitamins.

Police say Robitille's boyfriend, Walter Richters, told them he poured vodka in the boy's feeding tube to quiet him after asking Robitille if it would be OK.

She answered that it wouldn't hurt.

Robitille told authorities she hadn't wanted an autopsy on her son, her fiance said. The medical examiner found that the boy had a blood alcohol level twice the legal driving limit in the state

Deputy Caledonia County States Attorney, Maria Byford, said the evidence shows Robitille knew that changes to her son's feeding could be harmful to him, The Caledonian Record, reported.

'We have a defendant that said she's nervous when she switches up the juice that she gives to him,' Byford said.

But, the judge was not convinced.

'You have to have something that says that these folks knew this was gonna kill,' Bent said in court Monday.

'You've got to show me what these people knew in advance, that they were conscious of it ... as opposed to being a mistake.'

Robitille and Richters, both of Hardwick, have pleaded not guilty to second degree murder.

A Wednesday hearing is scheduled for Richters, 38, who remains held without bail.


Photo 1
Freed: Prosecutors say they have, 'a viable manslaughter case,' against Melissa Robitille in the August 22 death of 13 year old son Isaac, but, not a second degree murder case

Photo 2
Loss: Isaac, who was born with a brain abnormality, is pictured with Walter Richters. He passed away on August 22 after Richters put vodka in the boy's IV drip

Photo 3
Isaac was born with significant disabilities that required the assistance of caretakers for up to 80 hours a week. Feeding tubes supplied him with a diet of a pediatric nutritional drink, baby formula, water and vitamins.

Photo 4
Robitille told authorities she hadn't wanted an autopsy on her son, her fiance said. The medical examiner found that the boy had a blood alcohol level twice the legal driving limit in the state

Photo 5
Melissa Robitille, 39, allegedly put alcohol in her disabled son's IV tube, killing him. They were charged after the autopsy was completed

Photo 6
Walter Richters III, 38, allegedly put alcohol in Isaac's IV tube, killing him.

Read more: http://www.dailymail.co.uk/news/arti...#ixzz3HmoQl1K8


Poor baby! Sadly, Isaac's face resembles a cat or dog. . This is beyond appalling! They should both suffer painful deaths, in my humble opinion. And, the, "judge?"

A couple more links here:

http://www.burlingtonfreepress.com/s...rges/16917707/

http://www.burlingtonfreepress.com/s...rest/16881663/

[CrunchyCripple]

So,
Since we can euthanize screwed up animals - I can't say she was evil for doing what she did.

He was not abused in life, but he was put down.

Oh, and I.V. means intravenous----into the vein

They put vodka into his feeding tube - just a tube that goes into the stomach, like a 2nd throat, or through the side of the belly wall. That is not in the vein. Putting alcohol into an I.V./vein would be very painful, I wouldn't doubt.

[DiamondSmiles]

Originally Posted by CrunchyCripple ↗

So,
Since we can euthanize screwed up animals - I can't say she was evil for doing what she did.

He was not abused in life, but he was put down.

Oh, and I.V. means intravenous----into the vein

They put vodka into his feeding tube - just a tube that goes into the stomach, like a 2nd throat, or through the side of the belly wall. That is not in the vein. Putting alcohol into an I.V./vein would be very painful, I wouldn't doubt.

Interesting perspective/point. Thank you!

I just hate crimes against trusting children. I guess his quality of life wasn't anything, but, still, she could have tried to have him adopted first.

[CrunchyCripple]

It may not have been about her. She may have decided, as his mother - that his suffering was not worth him living.

It may not have been that she didn't want to deal with it (maybe/maybe not) and pawn him off on someone else.

Who knows?

[DiamondSmiles]

Originally Posted by CrunchyCripple ↗

It may not have been about her. She may have decided, as his mother - that his suffering was not worth him living.

It may not have been that she didn't want to deal with it (maybe/maybe not) and pawn him off on someone else.

Who knows?

All valid points. I don't know what I'd do in her shoes.

[winvens]

It's astonishing the boy's holoprosencephaly wasn't detected prenatally. If it had been his parents should have given the option of terminating the pregnancy.

[Pyramid_Head]

Giving up the child would have been more reasonable.

[CrunchyCripple]

Originally Posted by Anom Alley ↗

It's astonishing the boy's holoprosencephaly wasn't detected prenatally. If it had been his parents should have given the option of terminating the pregnancy.

They may have had the option and declined it. Possibly had a change of heart after years of watching him not thrive.

[DiamondSmiles]

Originally Posted by Anom Alley ↗

It's astonishing the boy's holoprosencephaly wasn't detected prenatally. If it had been his parents should have given the option of terminating the pregnancy.

They may not have had prenatal care. They look trashy to me.

[DiamondSmiles]

Originally Posted by CrunchyCripple ↗

They may have had the option and declined it. Possibly had a change of heart after years of watching him not thrive.

Or, "mom" had a new boyfriend and didn't want to care for him anymore. I'm not sure if richters was his father or not.

There does seem to be a resemblance.