Investigation reopened into toddler death that led to crib recall

Detectives in Florida are reopening the investigation into a toddler’s death that helped spark one of the largest crib recalls in U.S. history.

Serenity Bergey was found dead Sept. 19, 2007, her head caught between a drop railing and the mattress of her broken crib. The Palm Beach County Sheriff’s Office ruled the 2-year-old girl’s death an accidental asphyxiation.

But detectives never considered it just an accident. In light of new information, they are pursuing criminal charges against the mother.

Two days after Serenity died, the U.S. government announced the recall of almost 1 million cribs, her model included. By that time, several children had been asphyxiated because of potentially defective drop-sides in cribs made by Simplicity Inc.

But according to investigative documents, the toddler lived surrounded by filth and drug use and was kept in a broken crib held together with duct tape. The family’s explanations didn’t add up, authorities said. The child may have been dead far longer than witnesses said.

In 2008, detectives sought aggravated manslaughter charges against Serenity’s mother, Connie Bergey. Prosecutors declined to take the case, citing a lack of evidence.

But late last year, a new witness came forward, Sheriff’s Sgt. Patrick Bolton said, and detectives again are working with prosecutors. He said investigators are particularly interested in the crib’s condition.

Bergey declined to comment. Her attorney denied wrongdoing.

“Any claim that Connie did something wrong is outlandish,” attorney Mickey Smith said. “The duct tape was a logical attempt to fix the inherent problem with the crib -- a problem unknown to Connie since the recall had not yet occurred.”

Bergey is suing the now-defunct crib manufacturer and Wal-Mart, where it was purchased.

Serenity lived with her mother, an aunt, an uncle and her grandmother in Valhalla Village, west of Boca Raton. On the September night, Bergey told investigators, she put Serenity to bed about 8 p.m. About 40 minutes later, she said, she checked on Serenity and found her unconscious, her head trapped in the crib.

She called 911 and attempted CPR.

Paramedics found a filthy town house, later described by a Florida Department of Children and Families report as “deplorable,” with garbage, dirty diapers, moldy food and broken furniture throughout. A foot-long lizard ran free through the home.

Serenity’s crib was incorrectly assembled, broken and fixed with duct tape, the report said.

Troubling details and inconsistencies in witnesses’ stories raised doubts among authorities.

Serenity’s body was covered in dirt and showed other signs “consistent with poor hygiene,” a forensic examiner noted in an autopsy. The same report said Bergey admitted that “marijuana was smoked by resident[s] of the home.”

Detectives also doubted the timing of Serenity’s death, reports show. Despite the assertion that Serenity had been in bed only 40 minutes before she was found unconscious, paramedics noted that her body already showed signs of rigor mortis and discoloration when they arrived.

Tony Mead, spokesman for Palm Beach County Medical Examiner Dr. Michael Bell, said rigor mortis typically takes longer.

“It is possible to occur in 40 minutes, but unlikely,” Mead said.

Bergey told investigators the crib had been broken for about a week and was duct-taped to keep the drop railing in place.

A Sheriff’s Office Child Protection Team concluded in a report that Serenity wasn’t abused, but “circumstances are consistent with neglect.”

bhaas@sunsentinel.com

Sun-Sentinel staff writer Jerome Burdi contributed to this report.