Verdict in Meth Death Tentatively Voided

A state appeals court has tentatively overturned the murder conviction of Amy Leanne Prien, the Mead Valley woman prosecuted for the methamphetamine-poisoning death of her 3-month-old son in 2002, possibly with meth-tainted breast milk.

The 4th District Court of Appeal’s tentative opinion found that the Riverside County trial judge improperly instructed jurors before they convicted Prien of second-degree murder stemming from the death of Jacob Wesley Smith.

The appeals court also dismissed her convictions on child-endangerment charges related to the treatment of her three other children, saying the prosecutor provided insufficient evidence.

However, the court upheld Prien’s conviction for felony child endangerment related to Jacob, a charge that could carry a 10-year prison sentence.

A three-judge panel is scheduled to hold a hearing Aug. 2 to determine whether to formally dismiss Prien’s murder conviction.

Prien’s attorney, Stephen Yagman, applauded the ruling, saying the prosecution of his client was “vicious and mean-spirited.” He accused Dist. Atty. Grover Trask of trying to make an example of Prien.

“They made an example of themselves -- as idiots,” Yagman said. “Grover Trask did this to make it seem as if he was tough on drugs; to show he was the man. He’s not the man. It was a legally unsound case, and the judge did not understand the law.”

Trask was vacationing and could not be reached for comment Thursday.

In its tentative ruling, the appeals court determined that Riverside County Superior Court Judge W. Charles Morgan errantly instructed jurors that the child endangerment stemming from Prien’s care of Jacob was an “inherently dangerous felony,” which was necessary to support a second-degree-murder conviction.

The appeals court also found there was insufficient evidence that Prien knew that breast-feeding her son while using methamphetamine could kill the infant.

To convict Prien of murder, the prosecutor had to prove that she acted with “implied malice” -- meaning she knew her breast milk could cause Jacob’s death and breast-fed him regardless.

Supervising Deputy Dist. Atty. Allison Nelson, who prosecuted the case, said Prien’s malice was obvious and that evidence was presented during the trial that showed Prien was a methamphetamine addict who knew her drug use could threaten her son’s well-being.

“She was certainly aware of the effects of meth on her own body. She certainly knew it was going to her child when she breast-fed him,” Nelson said Thursday.

“She certainly knew it was a controlled substance. She closed the door in her bedroom to smoke meth, and she hid the drugs in a safe. Why? It has to do with knowing her child-endangering lifestyle of a drug-dealing drug addict was wrong.”

Yagman said he thought his client could be released from prison relatively soon if the appellate court upheld its tentative dismissal of the murder conviction and other charges.

“With time served, she’d be very close to getting out of prison,” he said.