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Plea Bargain Shields Woman From Trial in Toddler’s Death : Courts: Relatives of Lance Helms express outrage at deal with Eve Wingfield. Prosecutors call evidence circumstantial.

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TIMES STAFF WRITER

A North Hollywood woman who sparked statewide criticism of child welfare laws when she was charged with beating to death her boyfriend’s 2-year-old son accepted a prosecution offer Monday that will shield her from a murder trial.

Eve Wingfield, 23, pleaded no contest to child abuse with the special allegation that the abuse resulted in Lance Helms’ death April 6. She faces up to 10 years in prison, but may be eligible for parole after serving about half that time.

Superior Court Judge Michael Hoff scheduled sentencing for Jan. 10.

The deal, which was finalized on the same day Wingfield’s murder trial was to begin, was met with tears and outrage by the boy’s relatives and representatives of child welfare groups.

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“It’s overwhelming,” the boy’s grandmother, Gail Helms, said outside the courtroom. “This was not a case of child abuse. She killed Lance Helms.”

But Deputy Dist. Atty. Martin L. Herscovitz, who prosecuted the case, said the offer made sense because it may have been difficult to convince a jury to convict Wingfield of murder. The case depended largely on circumstantial evidence surrounding the boy’s death from several blows to the abdomen, and there were no adult witnesses, he said.

“We had some problems with our case,” Herscovitz said. “I think we’re fully justified in what we have done.”

Lance Helms’ death drew widespread interest and generated criticism of the county’s dependency court system, which oversees the welfare of thousands of children.

The boy, who was living with his father, David Helms, was not removed from that home despite warnings from relatives and social workers that he was being abused.

As the case gained publicity, several legislators called for changes in state law regarding the care of abused and neglected children. The county Board of Supervisors vowed to make the dependency court process more responsive to child safety.

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State Sen. Richard G. Polanco (D-Los Angeles), who was in court Monday in support of the Helms family, said he intends to pursue legislative changes so that “kids have a better chance.” A first step would be to review existing child welfare laws, said Polanco.

“The end result is we’re hurting [children] and we have to change it,” Polanco said. “That’s not justice.”

Gail Helms, who wept as Herscovitz explained the consequences of the deal to Wingfield, later said she thought the district attorney’s office took the case lightly and should have pressed the murder charge.

“He was beaten brutally,” she said, holding back tears. “This little boy was tortured until he finally died.”

Gail Helms said she knew her grandson was in danger because her son, David, was a drug addict.

According to testimony at the preliminary hearing, custody of the victim, who was born drug-addicted, was taken from the drug-addicted natural parents by county workers.

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The victim’s aunt, Ayn Helms, who died of complications from lupus in September, took custody of Lance. The father, David Helms, then sought and won custody by an order of the county dependency court after completing a drug rehabilitation program.

“I have no recourse,” Gail Helms said Monday. “I’m very angry with the district attorney.”

Among the reasons Herscovitz cited for the plea bargain was that the only eyewitness was Lance’s 4-year-old brother, Calvin. Herscovitz also said that many times juries find defendants who fatally injure children guilty of manslaughter, which would have resulted in less prison time for Wingfield.

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Deputy Public Defender Joel Wallenstein said he agreed that the prosecution would have found it difficult to convince a jury that Wingfield acted with the premeditation needed to convict for murder. Wallenstein said he and his client believed the plea bargain was the best way to go.

“This is a very tragic situation,” Wallenstein said. “She [Wingfield] felt that, because of the nature of the case, that a jury would not be sympathetic to letting someone go.”

Several of Lance Helms’ relatives and supporters said they were disappointed nonetheless.

“Children have no rights,” said Susan Ellingson, president of the California chapter of Justice for Children, a nonprofit advocacy group. “They’re treated like chattel.”

Gail Helms’ uncle, Norman MacEachen, said the greatest injustice is that Lance Helms is gone.

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“Everybody took to him,” MacEachen said. “He was only a little baby, but it’s amazing if you knew him or saw him.”

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