"Infant" Jane LABBERTON - 1.5 yo - Seattle WA

SEATTLE -- Prosecutors have charged a young mother accused of underfeeding her newborn baby because she didn't her to be fat.

Brittainy
Labberton, 21, of Bellevue and her husband, Sam Labberton, 28, have
both been charged with criminal mistreatment in the third degree in
their alleged neglect of their infant daughter.

According to
the statement of probable cause, the couple's baby was born in August
2008 after the mother was induced at 38 weeks due to poor in utero
weigh gain. The baby weighed 5 pounds 4 ounces at birth, according to
medical records obtained by investigators.

The baby was
hospitalized two months later after failing to gain sufficient weight,
detectives said. Doctors questioned the parents, who said their
daughter was fussy and often threw up her food, according to the
statement.

However, the doctor and hospital staff told
detectives the baby ate very well at the hospital and began gaining
weight immediately. Based on the baby's demeanor during her hospital
stay, officials determined the baby's "failure to thrive was based on
environmental factors," and placed her in the state's care following
her release.

The baby girl was placed in a foster home, where
she gained three pounds in the first three weeks and continued to put
on weight in the following weeks, prosecutors said.

When Child
Protective Services informed Brittainy Labberton of her baby's weight
gain, however, she responded by saying, "Oh my God, she's fat," and, "I
have a fat baby," according to prosecutors. The mother added she wanted
her children to be under the 50th percentile in weight because her
husband has a weight problem.

In January 2009, the baby's foster
mother contacted CPS, and said the girl came back from a supervised
visit with her parents with a "fishy-smelling bottle," prosecutors
said. She also noted the baby was notably fussy and had diarrhea.

A
pediatrician tested the contents of the bottle and concluded the level
of magnesium found in the liquid "was too high to be baby formula and
was likely a laxative," according to the case summary.

In
August 2009, detectives questioned Brittany Labberton, who described
her baby as "the exorcist," citing her tendency to throw up her food.

Detectives
said she suffers from post-partum depression with psychotic tendencies.
She said she had been prescribed medication for the condition, but had
stopped taking the pills after three days because they made her so
sleepy and lethargic that she could not get out of bed. The mother
added she "was barely able to feed (the baby) during this time frame"
as a result," the statement of probable cause said.

Even after
she stopped taking the medication, the mother had difficulty caring for
her daughter and was "overwhelmed," she told investigators.

The
baby's father, Samuel Labberton, told detectives he worked the
graveyard shift and slept during the day and, as a result, could not
help his wife. He said he believed his daughter was underweight because
"she was fussy, spit up all the time, and their household was
financially stressed," according to the statement.

Both
parents admitted the baby had not been fed every two to three hours,
even though doctors had warned insufficient feeding could result in
hospitalization. However, neither expressed remorse, and Samuel
Labberton even added "he would not change anything if he could go back
as he does not believe he and Brittany did anything wrong," the
document said.

The man did admit his wife "had thoughts about
his killing herself and their children." The couple lost custody of
their other child, a 2-year-old daughter, in December 2008 after
Brittany Ladderton told her therapist "she felt she would kill herself
and (the child)," detectives said.

Samuel and Brittainy Labberton are scheduled to be arraigned on Monday. Neither is in custody.

BELLEVUE

The mother accused of starving her baby says, "my daughter eats more than I do."

Brittainy Labberton says she's a good mom. She says, "I'm not a bad
mother. I love my girls and I would die for my girls. Ain't no parent
that's got a right mind in their head that wouldn't die for their kids
if they had to." She syas she never starved the child or
gave her laxatives as authorities allege.

In charging documents, prosecutors believe Brittainy and Samuel
Labberton starved their newborn to the point of emaciation. The couple
face felony charges on allegations that they were more worried they had
a 'fat baby' than her health.

The child was taken from their Bellevue home weeks after she was born.

It's alleged that the baby's foster parents found a bottle that
'smelled very fishy' following a visit with the Labbertons. A
pediatrician found that the bottle most likely contained a laxative
used for weght-loss. The baby was 5-months old at the time.

Brittainy claims that those allegations are false. She
insists she never gave her daughter laxatives. She believes her
daughter had colic and was sick at the time she was taken from her
home. She contends that the baby couldn't keep her food down and that
she went to the doctor to get the child checked.

Prosecutors claim Brittainy didn't want a 'fat baby' and was
disappointed with her child's progress after she was taken from the
home. In an interview with prosecutors in 2008, Brittainy said that the
girl should be under the 50th percentile in weight.

The Bellevue couple is facing criminal mistreatment charges Monday.

SEATTLE -- A couple who prosecutors say starved their baby because they
didn't want the girl to be fat pleaded not guilty on Monday.

Brittainy
Labberton, 21, of Bellevue, and her husband, Sam Labberton, 24, have
been charged with third-degree criminal mistreatment in the alleged
neglect of their infant daughter.

Both appeared briefly in King County Superior Court with attorneys to enter the pleas.

According
to court documents, the couple's baby was born in August 2008 after the
mother was induced at 38 weeks due to poor in-utero weight gain. The
baby weighed 5 pounds 4 ounces at birth, according to medical records
obtained by investigators.

The baby was hospitalized two months
later after failing to gain sufficient weight, detectives said. Doctors
questioned the parents, who said their daughter was fussy and often
threw up her food, according to investigators.

However, the
doctor and hospital staff told detectives the baby ate very well at the
hospital and began gaining weight immediately. Officials placed the
baby in in a foster home, where she gained three pounds in the first
three weeks and continued to put on weight in the following weeks,
prosecutors said.

When Child Protective Services informed
Brittainy Labberton of her baby's weight gain, however, she responded
by saying, "Oh my God, she's fat," and, "I have a fat baby," according
to court documents.

The mother added she wanted her children to be under the 50th percentile in weight because her husband has a weight problem.

In
January 2009, the baby's foster mother contacted CPS, and said the girl
came back from a supervised visit with her parents with a
"fishy-smelling bottle," prosecutors said. She also noted the baby was
notably fussy and had diarrhea.

A pediatrician tested the
contents of the bottle and concluded the level of magnesium found in
the liquid "was too high to be baby formula and was likely a laxative,"
according to the case summary.

In August 2009, detectives
questioned Brittany Labberton, who described her baby as "the
exorcist," citing her tendency to throw up her food.

Detectives
said Brittany suffers from postpartum depression with psychotic
tendencies. She said she had been prescribed medication for the
condition, but had stopped taking the pills after three days because
they made her so sleepy and lethargic that she could not get out of bed.

Even
after she stopped taking the medication, the mother had difficulty
caring for her daughter and was "overwhelmed," she told investigators.

The
baby's father told detectives he worked the graveyard shift and slept
during the day and, as a result, could not help his wife. Samuel
Labberton said he believed his daughter was underweight because "she
was fussy, spit up all the time, and their household was financially
stressed," according to the documents.

Both parents admitted the
baby had not been fed every two to three hours, even though doctors had
warned insufficient feeding could result in hospitalization. However,
neither expressed remorse, and Samuel Labberton even added "he would
not change anything if he could go back as he does not believe he and
Brittany did anything wrong," the documents said.

The man did
admit his wife "had thoughts about killing herself and their children."
The couple lost custody of their other child, a 2-year-old girl, in
December 2008 after Brittany Labberton told her therapist "she felt she
would kill herself and (the child)," detectives said.

In court on Monday, a judge ordered the couple to have no contact with their daughters except for supervised visits.

Their next court appearance is scheduled for March 1.

A Bellevue mother, who prosecutors say starved her daughter because
she feared the baby would become too fat, will face sentencing Friday
despite her attorney's concerns that she should first be examined by a
psychiatrist.

Brittainy Labberton nodded her head in agreement Monday morning as
her attorney, Tomackie Kim, argued that her sentencing for third-degree
criminal mistreatment should be delayed at least a month. Kim told King
County Superior Court Judge Jeffrey Ramsdell that Labberton should
receive a complete mental-health evaluation before he decides her
sentence.

Ramsdell denied the motion and ordered the 21-year-old woman to be
sentenced Friday as scheduled. The judge also ordered that Labberton's
husband, Samuel, be sentenced Friday.

The Labbertons pleaded guilty to the same charge earlier this summer.

They were charged after their infant daughter was hospitalized in
2008 after gaining only 1 pound in her first two months of life. The
girl gained weight in the hospital and later while placed in state
custody in a foster home.

Brittainy Labberton told investigators she didn't want her daughter
to be fat. Samuel Labberton said he believed the reason the baby was
underweight was because she was fussy and spit up all the time.

The couple's elder daughter was also placed in state custody in 2008.
Brittainy Labberton is now pregnant with the couple's third child.

The Labbertons were allowed regular visits with their daughters until
January 2009, when the younger girl became sick after a visit with her
mother. A laboratory test indicated that a liquid found in a bottle
appeared to be a laxative, according to state child-welfare officials.

After that, Brittainy Labberton was not allowed to prepare her daughter's bottles without supervision, court papers said.

Last month, the King County Prosecutor's Office tried to have
Ramsdell bar the Labbertons from any contact with their third child once
it is delivered. Senior Deputy Prosecutor Sean O'Donnell said in court
that Brittainy Labberton was admitted to the hospital earlier this
summer after failing to eat enough to provide nourishment for her unborn
child.

O'Donnell said she was evaluated by a psychologist last year and
prosecutors reviewed the report as part of the plea negotiations.

Once born, the baby will be allowed to stay with the couple, but
Ramsdell said they must report the child's birth immediately to the
state social worker overseeing visitation of their other children.In court Monday, Samuel Labberton also tried to have his sentencing
date delayed because he believes his defense attorney, Lei Young,
coerced him into signing the plea agreement.

He told Judge Ramsdell that Young didn't tell him that entering a
guilty plea could keep him from visiting his two elder children, who are
in protective custody. The judge told the 25-year-old man this
information was in his plea agreement; Samuel Labberton told Ramsdell
that he never read the plea paperwork.

Ramsdell told Young she will remain on the case.

When the Labbertons are sentenced Friday, they each face up to a year in jail for the gross misdemeanor charge.

Prosecutors are asking that neither serves jail time. Instead, they
are recommending that they receive a suspended sentence as long as they
comply with mental-health treatment and don't contact their children
unless a family-court judge has approved.

If Ramsdell does sentence the couple to jail, Labberton's third child
likely would be cared for by state child-welfare officials.