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Attorney confident mother won't see trial in son's death

2 years 4 months 2 weeks ago January 07, 2015 Jan 7, 2015 Wednesday, January 07 2015 January 07, 2015 5:52 PM in News
Source: WBRZ
By: Rob Krieger

BATON ROUGE- Brittni Clark, the mother accused of negligent homicide in her son's drowning death, bonded out of jail late Tuesday evening on a $10,000 bond.

Her attorney is upset she spent time in jail, accused of neglecting her child the day he fell into an abandoned sewer hole that was left by the city.

"This is a civil case, it ought to be a civil case, I really don't understand how the Baton Rouge Police have the time, nor the energy or the luxury of going around worrying about my poor client," said Lewis Unglesby, who represents Clark.

The District Attorney is still waiting on the facts of the case before deciding if his office will press forward with charges of negligent homicide or send the case to a grand jury.

"Criminal negligence is the key here and obviously in Louisiana that's a pretty strict burden, it's a nearly intentional type of act and that's something that surely we would have to figure in and factor in, in making that decision either ourselves or as a grand jury," said District Attorney Hillar Moore.

Clark's attorney doesn't think she'll ever face a jury.

"The negligence has to be the cause of death, the negligence is the hole, leaving the hole, unprotected, unguarded, unmarked, you can't do anything more dangerous," said Unglesby.

Police say Clark was looking for drugs the day her son died and that she would regularly allow her son to wander the neighborhood, but her attorney claims those allegations are misrepresented.

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