WOMAN GUILTY IN HER BABY'S DEATH; DRUG-TAINTED MILK ALLEGED

In what is believed to be the first case of its kind in Orange County, a
woman accused of killing her baby through breast milk tainted with
methamphetamine pleaded guilty Tuesday to felony child endangerment.

Superior Court Judge Richard Toohey sentenced Cynthia Ann Pinson, 39, of
Orange to four years in prison. With time served while awaiting trial,
Pinson will have about 16 months left of her sentence to serve, Deputy
Public Defender Marne Glass said. Pinson was arrested in January after an
autopsy determined that her 6-week-old son, Robert Henry Sage, who died two
years ago, had methamphetamine in his body. She had been missing for months
before surrendering to authorities. She also faced a felony charge of
involuntary negotiated a settlement with Glass and her client Tuesday, the
day trial was scheduled to begin. "We made the decision to use the court's
time wisely," said Deputy Dist. Atty. Elizabeth Henderson, who added that a
trial conviction on either or both counts would have added only two to
three years to Pinson's sentence. Even if Pinson were convicted on both
felony counts, by law she could not be sentenced for both because the
charges arise from the same act. With her plea, Pinson recognized
endangering her child but did not admit that her action led to his death.
Henderson said similar cases have been tried in other jurisdictions.
"Because methamphetamine is a newly popular drug, we are seeing more cases
like this," she said. Det. Michael Harper of the Orange Police Department
testified during preliminary hearings that Pinson originally denied using
alcohol or illegal drugs.

The baby's death was initially attributed to sudden infant death syndrome,
but a coroner's autopsy determined that he died of a methamphetamine
overdose, authorities said.

After being confronted with the coroner's report, Pinson changed her
account, Harper testified.

She said when she took drugs "she would try to wait a couple of days before
she nursed again," he said.

"The people's theory was that the baby died of the methamphetamine found in
the body," Henderson said Tuesday. "[Pinson] admitted using" the drug.

"She knew it was dangerous, and she did it anyway," she said.

But Glass contended that there is not enough research to prove that
methamphetamine-tainted breast milk causes death in babies. She said she was
prepared to introduce an expert witness who would have testified to that
effect.

Glass said her client, who has no other children, is repentant and will seek
drug education while in prison.

"She is still grieving," Glass said. "She loved that baby very much."

Checked-by: Rolf Ernst