New York – In a distressing case from upstate New York, a 36-year-old mother, named as A. Bertino, faces serious consequences for the unfortunate death of her 12-year-old daughter, M. Smith. She was arrested and charged with second-degree homicide for medical neglect.
The court proceedings on Thursday shed light on the mismanagement that resulted in Smith’s death from diabetic ketoacidosis, which is preventable if managed appropriately.
Bertino’s daughter was discovered deceased inside their home. At the time, the exact cause of death was unknown. However, the coroner later determined that Smith died of diabetic ketoacidosis, a dangerous illness that happens when diabetes is not controlled.
The medical examiner’s office found that the death was a homicide caused by medical neglect. Bertino was detained following a months-long investigation by the District Attorney’s Office.
During the preliminary hearing, witnesses painted a distressing picture of Smith’s existence under Bertino’s care. Colleen, a bus driver and one of the witnesses, was tearful as she recounted Smith’s deteriorating condition over time. She noticed that Smith and her siblings seemed disheveled and dressed awkwardly for the weather, indicating a lack of personal cleanliness.
Colleen also stated her worries as a mandated reporter, who is required by law to report any evidence of child abuse or neglect to the school nurse, because Smith frequently complained of extreme thirst and weariness.
Colleen recalled that two weeks before Smith’s death, the victim’s brother and sister informed her that she was “really sick” and “can’t get out of bed.” Smith only went to school “once or twice” throughout that time frame.
A. Bartell, Dean of Students at the school, and J. Meyer, Bertino’s neighbor, both presented troubling testimony. Bartell highlighted the mother’s reluctance to seek medical attention for Smith, including obtaining a doctor’s statement explaining why the girl was unable to participate in gym class.
Meyer’s evidence was particularly distressing, telling how on the day of the girl’s death, her brother, distressed and anxious, attempted to care for Smith himself, alleging their mother refused to contact 911 and dismissing the girl’s grave condition, saying she was overreacting.
The county’s chief medical examiner, Dr. M. Faulk, stated that Smith’s diabetic symptoms would have been visible for weeks, if not months. He contended that any competent medical provider should have diagnosed her problem immediately.
According to accounts, Bertino scheduled an appointment for Smith before her death, but J. Post, a hospital staffer, testified that the visit never occurred. According to Post, Bertino reported Smith vomiting but “gave no indication that there was anything seriously wrong.” She also stated that Bertino had been advised to take Smith to the hospital if her symptoms worsened.
The case has had a significant impact on the community, raising questions about child safety and oversight. The terrible circumstances surrounding Smith’s death caused officials to temporarily remove her siblings from their home. However, proposals to return them have raised public and professional concerns.
DA J. Schmidt expressed dissatisfaction with the systemic flaws that allowed Smith’s predicament to go unchecked despite several complaints from concerned citizens. He emphasized the gravity of the situation and the urgent necessity for a comprehensive investigation into the circumstances surrounding the girl’s untimely demise.
Bertino is facing serious allegations, which could result in lengthy prison time if convicted. The court will consider whether Bertino’s actions, or lack thereof, directly contributed to her daughter’s death.
The preliminary hearing is due to continue, with additional testimony likely. The community and the nation will be watching closely while the court investigates the claims against Bertino, hoping for justice for Smith and measures to prevent similar errors in the future.
Bertino’s story not only illustrates the serious repercussions of parental neglect, but it also calls for a thorough evaluation of the safeguards in place to protect vulnerable children.