State rests in Millsboro day care case

Prosecutors have rested their case in the trial of a Millsboro day care provider accused of murder by abuse or neglect after a 10-month-old boy died at her day care.

After nearly two weeks of testimony, the state wrapped its case against Valorie Handy, 52, prompting defense attorney Gary Traynor to seek immediate acquittal by Delaware Superior Court Judge T. Henley Graves because the jury heard conflicting information as to the cause of death which could have been the result of a high dose of diphenhydramine or suffocation caused by a pillow. Graves denied the motion Nov. 29; the defense will begin its case Wednesday, Nov. 30.

The state medical examiner determined the boy died from diphenhydramine intoxication, diphenhydramine being the active ingredient in the over-the-counter drug Benadryl. The boy's death was ruled a homicide; prosecutors have said they believe Handy gave the child diphenhydramine to get him to take a nap.

On Day 9 of the trial, the prosecution played a nearly two-hour police interview between Handy and Detective Robert Truitt, the investigating officer for Delaware State Police before the case was ruled a homicide. The interview was conducted the night the boy died in January 2015.

In the interview, Handy said she had given the boy his bottle and a graham cracker around 10:15 a.m., and he seemed fine. She said when the rest of Handy's children went down for nap, she held and gently rocked the boy – who everyone has testified did not take long naps – for nearly 90 minutes before putting him down in a Pack-and-Play at 1:30 p.m. At 2 p.m., Handy said she went to wake the boy to change his diaper and called out his name repeatedly to no response. In the interview, Handy said she did not give the child any drugs and did not have a pillow or a blanket in the Pack-n-Play. No evidence was found of trauma suffered by the boy before he died. For much of the interview, Handy struggles to hold back tears but steadfastly denied she did anything to harm the boy, repeatedly wondering why she was being questioned and being read her rights.

"Sir, nothing happened to that baby," she says at one point. "I did everything I could to do it right. I can't believe it. I loved that baby. I wish he was here. He felt like mine."

When Truitt asked her what she thinks happened to the boy, Handy replied, "I don't know."

At one point, Truitt left the room, and Handy broke down in tears. As she was watching herself, Handy wiped tears from her eyes.

Earlier in the day, prosecutors worked to bolster the testimony of the previous day's witness, Carlita Laws, the boy's mother. Attempting to refute defense arguments that the boy could have gotten diphenhydramine from sources other than Handy, Laws testified that she never gave her son Benadryl or any drugs containing diphenhydramine. Laws testified she has long been wary of medications, after having a negative reaction to cough syrup herself when she was younger. She said her son never got sick until he went to day care. Other than Zarbee's, an over-the-counter natural cough syrup for children that does not contain diphenhydramine, Laws testified she never gave Handy authorization to ever give her child medications.

Supporting Laws' testimony was that of her immediate family members: her now-19-year-old niece, Tatyana Jenkins; her husband, Charles, and the boy’s grandparents Edna Laws and Barbara Soto. All had cared for the child at different points during his short life, and they described Laws as a loving mother who doted on her first-born and would always leave detailed lists of when to feed the boy. All said they never personally gave or saw anyone else give the boy Benadryl or any drug containing diphenhydramine. The only medications given to the boy, they said, was Orajel, to help ease the pain of teething. It does not contain diphenhydramine.

Additional testimony came from Jennifer Van Zanten of Delaware Division of Forensic Science, who testified that a pillow found around the portable crib contained DNA from the boy. On cross-examination from defense attorney Daniel Strumpf, Van Zanten admitted that the DNA testing cannot tell when or how the DNA got there, only that it is there.

Sgt. Keith Marvel, supervisor of Delaware State Police's evidence unit, testified to finding a bottle of what appeared to be NyQuil on top of a refrigerator at the day care. NyQuil, does not contain diphenhydramine, but it does contain drugs that were also found in the boy's system. On cross-examination, Marvel admitted the bottle was not seized by police, and he could not tell how much medicine was in the bottle. The defense has been aggressive in cross-examining police witnesses, calling into question police actions at several points during the investigation.

Graves has said he hopes to get the case to the jury by Thursday, Dec. 1. While it is unclear how many witnesses the defense will call – defense attorneys are not obligated to call any – Graves said in court Nov. 29 that several jurors have expressed concern about the trial continuing into the week of Monday, Dec. 5. Graves told the jury reaching a verdict was not a race and that with 16 jurors, 12 regulars and four alternates, he did not think it would be a problem to maintain a group of 12 jurors.