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Baby-Sitter Guilty of Involuntary Manslaughter in Drug Poisoning : Courts: Jurors say woman acted out of maternal concern when she administered codeine-laced medicine. But they agreed with prosecutors that the action was ‘reckless.’

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TIMES STAFF WRITER

In a tumultuous courtroom scene, a North Hollywood woman who gave a lethal home brew of medicines to twin baby boys she was baby-sitting, killing one of them, was convicted Thursday of involuntary manslaughter and four other felonies.

Melvine Kaiserauer, 43, sobbed as the verdicts were read in Van Nuys Superior Court and her 19-year-old daughter, Jacquelin McMurray, was dragged shouting from the courtroom. At one point, McMurray threatened to “remember every one” of the jurors who decided her mother’s fate.

Jurors said later in interviews that they agreed with Kaiserauer’s attorney that the case was particularly tragic because the defendant was caring for the babies without charge. They also said they concurred with the defense that Kaiserauer probably acted out of maternal concern for the 14-month-old boys and had no intention of hurting them in the Feb. 20 incident at her townhouse.

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But they rejected her claim that she did not know codeine was in the medicine she gave to Christopher and Brandon Collins.

According to Judge Darlene Schempp’s instruction to the jury, giving codeine to a child is a crime even if no harm is intended.

“We concluded that she just wanted to get the kids to sleep, and this was the easiest way,” said juror Dena Hockenbury.

In addition to manslaughter, Kaiserauer was convicted on two counts of administering a controlled drug to a child and two counts of child abuse.

She could be imprisoned for 11 years when sentenced by Schempp on Nov. 18.

Deputy Dist. Atty. Kenneth A. Loveman predicted that Kaiserauer would serve “not very much time, and only in jail, not state prison.”

The prosecutor contended that although Kaiserauer gave the babies drugs without intending to hurt them, “she acted in a reckless and careless manner, and that’s a crime. You just don’t give codeine to babies.”

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Although jurors said they were frightened by McMurray’s threat, Loveman said he thought that there was “no real danger. She was just being emotional about her mother.”

During her two-week trial, Kaiserauer testified that she thought she was giving children’s Tylenol in liquid form to the babies to “get their fevers down.”

Christopher died of codeine poisoning and Brandon was hospitalized with symptoms of the same poisoning, but recovered, medical experts testified.

Kaiserauer’s attorney, Marvin L. Part, sought to elicit sympathy from jurors by depicting the babies as neglected by their father, Roger Collins, who became a sole parent a year ago upon the death of the boys’ mother in an automobile accident.

Collins, an unemployed tailor and an acquaintance of Kaiserauer’s daughter, testified that he initially sought to borrow money from Kaiserauer to buy the boys food and diapers, then agreed to sew a coat for Kaiserauer for $50.

Defense witnesses testified that Kaiserauer bought diapers and food for the boys, then put them to sleep in her bed while their father sewed and smoked marijuana in another part of the house.

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Jurors said they placed great weight on a tape recording of statements Kaiserauer made to police shortly after the boys were rushed by paramedics to a hospital.

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