RESEDA : Dismissal Rejected in Baby Death Trial

A Van Nuys Superior Court Judge on Monday denied a motion by a defense attorney to dismiss charges against a Reseda baby-sitter accused of killing a 9-month-old baby in her care.

However, Judge Michael J. Farrell struck from the record the entire testimony of the woman’s 18-year-old son, in which the son made references to a second child that the woman is accused of killing.

Debra Suzanne Cummings, 34, is on trial on a charge of second-degree murder in the death of Kevin Young.

Cummings has also been charged with involuntary manslaughter in the death of 14-month-old Mathew Cooley. Because the cases are being tried separately, the judge has forbidden as prejudicial any mention of Cooley’s death in the present trial.

When Cummings’ son, Joshua Rickards, referred on the witness stand last week to the Cooley child’s death, Cummings’ attorney, Joe Ingber, asked that the case be dismissed. Rickards, who spent little time with his mother while growing up, testified for the prosecution.

Farrell said neither a dismissal nor a mistrial--which would allow prosecutors to refile charges--would be appropriate. Farrell gave Ingber the choice of having all of Rickards’ testimony thrown out or allowing Rickards to continue his testimony under the threat of a contempt of court citation if he again mentioned Cooley’s death. Ingber chose the former.

Cummings, who was baby-sitting Kevin in her home when he suffered head injuries, said he fell and hit his head on a coffee table. However, a coroner’s report said the infant had been hit with a hand or fist.

The Cooley child lost consciousness while at a park with Cummings in March, 1990. A preliminary hearing will be set on that charge Friday.